Local 376 Wins Case: DOT Must Bargain On Cell Phone Ban

Local 376 Wins Case
DOT Must Bargain On Cell Phone Ban

By GINGER ADAMS OTIS

The Office of Collective Bargaining ruled last month that the Department of Transportation can't ban cell phone use among road construction and repair workers without first negotiating with their union.

GENE DeMARTINO: Ban hurts management, too. The OCB decision stemmed from an improper practice charge filed last summer by District Council 37 on behalf of Local 376, which represents several titles in DOT's Roadway Repair and Maintenance Division.

Banned While on Duty

The union objected to a policy handed down by DOT management last March mandating that all personal cell phones be turned off during working hours, with personal use limited to authorized off-duty or break times.

The agency also said that in the event of an emergency, calls to employees should be placed to the unit's dispatch office and relayed from there to employees in the field by a DOT supervisor.

DOT issued the policy without consulting the union and said it was to take effect immediately, with disciplinary action pledged against those who ignored it.

Gene DeMartino, president of Local 376, grieved the policy, saying there was a long-standing practice of allowing employees to use cell phones on the job. He noted that before the advent of cell phones, emergency calls were routed through DOT offices via Nextel walkie-talkies until reaching the affected employee, who was then allowed to use the nearest pay phone to return the message. Once cell phones became ubiquitous, family members were able to call employees directly, but the end result was the same, Mr. DeMartino argued: the employee was allowed time to communicate on a phone.

Use Benefited DOT

Additionally, he noted, DOT officials often used employees' personal cell numbers to reach them in the field when Nextel units didn't function properly. Supervisors also called Highway Repairers' cell phones when there weren't enough radios to go around on far-flung job sites, he asserted.

The DOT said it needed to control the use of cell phones on job sites because supervisors had noted employees talking on them while operating heavy equipment, leading to safety concerns.

Officials at Local 376 said they were happy to meet with the DOT to discuss the issue, but they objected to the agency's manner of handing down unilateral policy changes.

The OCB ordered the DOT to rescind its ban on cell phone use and "bargain in good faith over any policies and procedures" regarding personal cell phone use by DC 37 members working in the field.