2. Can a union waive its right to bargain over a mandatory subject of bargaining? The company and union have had a bargaining relationship for more than 20 years. On July 11, bargaining unit member Allan Engle was performing his assigned work duties of cleaning the bathroom on the second floor of the company’s administrative building when he glanced up and observed a camera approximately six to eight feet away located in an air vent and pointed directly at him. Engle reported his discovery to three other bargaining unit members, including union steward Luther Hall, who went to the second-floor bathroom in question and confirmed that the hidden camera was there. The following day the local union president was notified, but when she went to investigate, the hidden camera had been removed.

On July 15, local union president Wanda Jackson was asked to meet with the company’s HR Manager Susan Albright. Albright asked Jackson if she had heard about the camera that was discovered in the sanitation department’s restroom. Albright went on to say that the camera had been installed by the company because of a reported theft problem in that area, and the company’s legal counsel had advised her that it was lawful as long as the company had a legitimate business reason for doing so. Albright stated that once the camera had been discovered and union members appeared irate over the issue, the camera was immediately removed by management.