Using Cell Phones while on duty

LBORN

I would like to write a policy that prohibits cell phone usage while on Duty and also prohibits employees from keeping cell phones with them while on duty. Any thoughts on whether this is a violation of rights and any suggested wording would be greatly appreciated.

Whatever

[font size="1" color="#FF0000"]LAST EDITED ON 10-08-03 AT 01:23PM (CST)[/font][p]The use of a walkman and/or cellular telephone during working hours is forbidden. Any employee wearing an earbug attached to a walkman or cellular telephone will be assumed to be using the walkman or cellular.
Since we are a factory, this is part of the safety rules. This has been upheld in arbitration.

Sunny

You certainly have the right to prohibit your employees from using cell phones while at work. They are on your time and should be devoting their full attention to their job duties. I have a two paragraph policy that you can have - it is aimed toward plant employees. Just email me and I'll send it to you.

szemcumo

Sunny, I would appreciate seeing your plant cell phone policy and we are having problems there also.


Thank you,
Sandie

mwild31

Here's mine:

Cellular Telephone and Devices

Cellular phones are not allowed during work hours, except for emergency use or under special circumstances with prior approval. Work time must be made up before or after work when calls are made during working hours. During normal scheduled breaks and lunchtime, use is unlimited so long as it does not interfere with business operations.

Pagers are allowed during work hours under most circumstances, so long as usage does not hinder the employee’s work, or the work of others. All phone calls made as a result of being “paged” must be made per Company rules and guidelines.

Don D

M: Your policy would never pass muster in a union environment, which is usually the 'smell test' for policies prohibiting such things. "Except for emergency, under special circumstances, during normal scheduled breaks, and so long as it does not interfere" are all an arbitrator's dream. Ray will be proud that we are disagreeing.

mwild31

Dang - I keep forgetting to put my "I'm a private organization and therefore responding from a private organization perspective" disclaimer on my posts. If I add it to my profile - do you think I'll have to keep saying it?

Whatever

The problem is that your rules are subject to too much interpretation. What is an emergency or special circumstances. While our rules were intended for a factory environment, they also apply to the office. We have rules about personal phone calls. If someone is abusing the policy, use of the cell phone makes it impossible for us to track.

Don D

That's what I was trying to say. The 'smell test' I mentioned is worthy of considering whether union or not and regardless of industry. Arbitrators jump all over that stuff. So do UI Hearing Officers, so does the EEOC and so would juries, I think. The more vague a policy is, the less likely an employer is going to prevail when formally challenged. This minor (major?) disagreement should prove that MWild and I aren't the same person. x:-)

Whatever

Actually, maybe you or MWild (andMWild), could have split personalities. Ergo, you may not agree with you.

Balloonman

Our is:
Telephone Calls / Cell Phones
Personal calls are discouraged. On most construction sites, the work force is distributed over several areas, making it difficult to contact employees for personal calls. An emergency call, however, will receive prompt attention, and you will be notified as soon as possible. Your supervisor will provide you with a telephone number that may be given to your family for use in emergency situations. Personal cell phones should not be used on job sites except during breaks.
The Company may issues cell phones to individual in order to allow them to be more productive in managing the work/job they are on. These phones are for work use only and should not be used for personal use except on occasion. Individuals who misuse the company phone will have it removed.

Just had an individual receive a write up, plain and simple no phones on the jobsite.
My $0.02 worth.
DJ The Balloonman

Don D

>These phones are for work use only and should not be used for personal
>use except on occasion. Individuals who misuse the company phone will
>have it removed.
>
I read along and thought your policy might have value, until I saw that. I thought I knew what 'on occasion' meant, but looked it up anyway. "A time at which something happens. A point in time". So, your policy would allow the use of phones as long as they were used at "A time when they were using it. Or at a time." I understand.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 10-09-03 AT 11:48AM (CST)[/font][p]Actually - our policy works best for us - it's not an issue people try and split hairs on & it's pretty easy to enforce. In our environment, we don't want them on, unless they've talked to their supervisor first & received permission and if we say it's interupting - it's interupting & the employee can either turn it off or go somewhere else. Sounds harsh, but it's such a small issue compared to all of the other issues - no one has ever made a big deal about it. Again, we are lucky in that we have 103 employees and are in a private industry - easier to manage than a couple of hundred employees & precedence in people gripping about this relatively small & inconsequential issue. Thanks for asking me to clarify though - it will help me phrase my responses when sharing my policies x:-)