The arbitrator had ruled on the right of the employer to look at cell phone records, and he was asked to apply the ruling to several recent grievances. He found the company could inquire into all calls made over a shift when an accident had occurred, but not where productivity and not safety was at issue.
Sixteen months after an arbitration decision upheld a railway employer’s limited right to review employees’ personal cellphone records pursuant to an investigation into a serious accident or incident, the union grieved again.