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Company Right to Film Employees performing processes for training purposes
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Company Right to Film Employees performing processes for training purposes
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I am faced with union employees refusing to allow us to film them performing manufacturing processes because they are concerned that we will use the video to train replacement workers. Can we c
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Company Right to Film Employees performing processes for training purposes
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Company Right to Film Employees performing processes for training purposes
posted at 4/18/2013 11:02 AM EDT
on Workforce Management
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Posts: 3
First: 1/16/2012 Last: 4/22/2013 |
I am faced with union employees refusing to allow us to film them performing manufacturing processes because they are concerned that we will use the video to train replacement workers. Can we compel them to perform the process and to be filmed doing it? |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/18/2013 12:36 PM EDT
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
This is one I would consult legal counsel on because it might depend on what was or was not negotiated. But if you do not intend to use these films to train replacements, what are you going to use them for? Can you set their mind at ease at all on your reasoning? If it is just for new hires, would you/they be willing to do it if you put a section about union membership? |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/19/2013 6:52 AM EDT
on Workforce Management
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Posts: 20
First: 2/6/2012 Last: 5/3/2013 |
Hi: In the absence of any bargaining agreement terms controlling this matter or when there is no union, employers should realize that many states recognize the right of publicity, which is the right to control the commercial exploitation of a person's name, image or persona. Thus, given the employer's intended use of a film, it may be necessary to seek the employee's permission. Dave Arnold, Ph.D., J.D. |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/19/2013 8:59 AM EDT
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
Dave -- a quick question -- if nonunion/no contract could the employer terminate an employee who refused to give permission under at will since "right of publicity" is not usually covered under nondiscrimination laws? Of course, they might lose in an unemployment case, but do you see any other liability for an employer to do so? |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/19/2013 9:23 AM EDT
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
Yes you could terminate but............ what kind of signal are you sending your workforce regarding your culture? Is this of such significance to put this at risk? |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/19/2013 10:05 AM EDT
on Workforce Management
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Posts: 20
First: 2/6/2012 Last: 5/3/2013 |
In the 20 percent of the states that recognize the duty of good faith and fair dealing exception to the doctrine of employment at will, a creative plaintiff's attorney may be able to successfully argue that such a termination is actionable. As for the other 80% of states, just because the action is legal doesn't necessarily mean it's a good idea, which I think is the case here. Dave Arnold, Ph.D., J.D. |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/19/2013 10:15 AM EDT
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
I am in no way suggesting it is a good idea, but was curious as to whether it would override an at will argument. Thanks for your input. I am going to have to research the "good faith and fair dealing" exception since am in one of the 80% states.....But I love to learn! |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/19/2013 10:35 AM EDT
on Workforce Management
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Posts: 221
First: 9/29/2011 Last: 5/2/2013 |
Perhaps the best bet would be to film supervisors performing the manufacturing processes who, I would guess, would be expert at them. I suspect given what appears to be a poor labor relations environment that any filming of production workers would be slow at best and, quite possibly, workers might just do things wrong deliberately. So sidestep the whole filming issue with the production workers. Use the supervisors. |
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Re: Company Right to Film Employees performing processes for training purposes
posted at 4/22/2013 8:22 AM EDT
on Workforce Management
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Posts: 3
First: 1/16/2012 Last: 4/22/2013 |
Thank you for the comments - our relationship with the union employees is actually pretty good but we are at the beginning of CBA negotiations (International Association of Machinists). Some employees were happy to participate in the training videos but some of the hardcore union members were harrassing them due to concerns that we will use the training to bring replacement workers up to speed during a potential work stoppage. We have decided to back off and avoid creating more tension. We will use management / non-union going forward until we get through our negotiations. |
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