1. What test did the ALJ and the NLRB employ to determine whether the placement of hidden surveillance cameras was a mandatory subject of bargaining?
2. Why did the union win this case?
3. If you were managing a workplace where theft, sleeping on the job, and other misconduct were at a worrisome level, would you employ hidden, secret cameras to monitor restrooms, fitness areas, and the like? Explain.
4. At an Anheuser-Busch brewing facility, a supervisor discovered a table, four chairs, a number of foam mattress pads, and cardboard in a room where only authorized personnel were to be, but which was next to a break area. Suspecting illicit activities including illegal drug use, the company installed two surveillance cameras pointed at the entrance and stairs leading to the room. The cameras led to the company identifying 16 employees who engaged in misconduct. The company took down the cameras on June 30, 1998, and then informed the union of their existence. The company fired and otherwise disciplined the employees in question. Did Anheuser-Busch violate the NLRA? Explain.