cell phone ban --- LEGAL or not ?

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Latest post 05-25-2006 1:47 PM by RickInNoCal. 11 replies.
  • 05-25-2006 8:11 AM

    Question [=?] cell phone ban --- LEGAL or not ?

    OK,

    Our employer at work has issued a "ban" on cell phones. I contend I dont think they can legally do that. Can anyone cite a regualtion that would allow or disallow such a regualtion? To complicate this, I work for a municipality, and think it becomes a negotiable issue, since it means a "change in working conditions" management disagrees.

    BEFORE anyone attacks, I do NOT abuse the phone, my concern is for a co-worker who has a daughter with a medical condition, she has seizures and is undergoing treatment. She was denied carrying a phone as well.

    ANY thoughts? thanks
  • 05-25-2006 9:19 AM In reply to

    • cbg
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    • Joined on 12-21-2000
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    re: cell phone ban --- LEGAL or not ?

    Of course they can do that. Not because there is a law that gives them permission to do so, but because no law exists that says they can't. They have no legal obligation to allow people to carry cell phones at work. Should an emergency arise, there is nothing stopping the daughter from calling the mother on a regular business line. What would she have done before cell phones were invented?
  • 05-25-2006 11:46 AM In reply to

    re: cell phone ban --- LEGAL or not ?

    This has NOTHING to do with civil rights.

    "I contend I dont think they can legally do that."

    What is your basis for making this contention?

    "Can anyone cite a regualtion that would allow or disallow such a regualtion?"

    Not possible because you didn't identify your state in your post despite the request in the posting instructions that you do so. Nevertheless, I'd be a LOT of money that no state has any regulation or law on this issue one way or the other. Therefore, it would be perfectly legal.

    "To complicate this, I work for a municipality, and think it becomes a negotiable issue, since it means a "change in working conditions" management disagrees."

    The fact that you work for a municipality is irrelevant. If what you're saying is that you think this falls under some provision of a union collective bargaining agreement, you should talk to your union rep. Obviously, no one here can comment intelligently about a CBA without first having read it.
  • 05-25-2006 11:47 AM In reply to

    Agree [=|=] re: Badfingers

    It's also true that cell phones can interfere with the operation of certain equipment. For example, medical offices and hospitals require that employees not use their cell phones on the premises and ask that patients and visitors do likewise.

    Nevertheless, there need not be any justification for something like this.
  • 05-25-2006 1:07 PM In reply to

    Warning [=*#] re: cell phone ban --- LEGAL or not ?

    For cbg... It matters since we are out in the field, and not near a phone very often. I am in ILLINOIS, I have found FLRA decisions addressing the cell phone issue. I guess I am under attack (like usual) since I am a city employee. Fact is, most people have NO idea what we do anyway. I rarely get to take my entire lunch break and end up working through lunch many times.

    SO, thanks for the input, I didnt ask to be attacked either.
  • 05-25-2006 1:19 PM In reply to

    • DCGirl
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    • Joined on 01-31-2002
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    Feedback [*=*] re: cell phone ban --- LEGAL or not ?

    FLRA covers non-postal federal employees. You indicated that you worked for a municipality, which I would take to be a city or county government.

    Would they allow your co-worker to carry a pager instead of a cell phone?
  • 05-25-2006 1:24 PM In reply to

    re: cell phone ban --- LEGAL or not ?

    for CA19,

    If you are that "uptight" why bother to respond?
  • 05-25-2006 1:47 PM In reply to

    Disagree [)*(] re: cell phone ban --- LEGAL or not ?

    There was nothing 'uptight' about CA's response to you - just because you don't like the answer doesn't make it wrong.

    The fact is that there is NO law that requires an employer to allow its employees to carry cell phones. In the absence of a law prohibiting it, an employer can make whatever regulations they choose - whether they are a private employer or a gov't entity.

    Whether banning cell phones constitutes a "change in working conditions" under the terms of a Union contract is a totally different question, and is entirely dependant on the wording of the contract. No-one can comment intelligently on the application of a contract they haven't seen.

    That's also a labor law issue, not a civil rights issue.

    Consult your Union rep.

    Richard
  • 05-25-2006 2:28 PM In reply to

    Disagree [)*(] re: cell phone ban --- LEGAL or not ?

    No one attacked you.

    This has nothing to do with civil rights. It is a simple employment issue. What you fail to understand is that the employer has the right to do just about anything NOT prohibited by law.

    Unless your union contract guarantees you the right to carry a cell phone your employer (whoever that is) is free to ban them.
  • 05-25-2006 4:45 PM In reply to

    News [|*|] re: cell phone ban --- LEGAL or not ?

    I certainly did not attack you.

    The FLRA relates to non-postal federal employees, so any decisions relating to that legislation wouldn't apply.

    The rest of your post seems to be complaining about your job conditions. As far as I'm concerned, the only thing relevant is the legal issue regarding whether your employer can or cannot prohibit employees from carrying cell phones, and it is clear that it can do so.
  • 05-28-2006 2:21 AM In reply to

    re: cell phone ban --- LEGAL or not ?

    If you are in the field, how does your employer get in touch with you? How are you required to get in touch with your office?
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