Employee notification, disclosure, and training on monitoring technologies

---

While the previous section focused on union rights to notice and bargaining over surveillance and monitoring systems, the provisions here center on the direct communication of information to employees. These agreements require employers to inform workers when monitoring is taking place, explain how technologies function, and disclose what data is being collected and how it will be used. Some provisions require written or recurring (e.g., annual) notice, while others require real-time disclosures through signage or system alerts. Additional clauses support employee understanding through training, documentation, and access to the results of monitoring, particularly where technologies are used to evaluate performance or support disciplinary action. These protections help ensure that employees are not subject to hidden surveillance, unclear expectations, or unexamined uses of personal or work-related data.

Provisions in this section fall into the following areas:

• Employee notification requirements for electronic monitoring: Provisions requiring employers to inform employees—either in advance, at regular intervals, or in real time—about the presence, purpose, and scope of monitoring activities.
• Location-specific surveillance disclosures: Clauses requiring signage or other forms of visible notice to alert employees when and where overt surveillance technologies are operating.
• Explanation of monitoring system use and training requirements: Provisions mandating that employees receive written explanations, training, or other educational support about how monitoring technologies work and what they are used for.
• Employee access to electronic monitoring results: Clauses ensuring that workers have access to performance data or other records generated by monitoring systems, especially when used in evaluations or disciplinary processes.

Employee notification requirements for electronic monitoring

These provisions require employers to inform workers about surveillance or monitoring activities that may impact them. Notification may be required before monitoring begins, upon any system change, or on a recurring basis—such as annual reminders. Some agreements also specify that notice must be provided in writing. In certain cases, failure to provide proper notice can limit the employer’s ability to use the resulting data in disciplinary proceedings.

Examples:

• “Employees shall be notified before monitoring of the employee’s calls begin. Any employee whose calls are monitored shall promptly be given a copy of any report generated and feedback on every call monitored.” (SEIU-PCBA84)
• “Should the Employer utilize software or hardware on employees’ computers or other Company issued devices for the purpose of actively observing an employee during their work period, the Company will provide employees with seven (7) days’ notice, including the type of software that will be used and for what purposes. This timeline and notice shall not be required when the Company is investigating potential misconduct or other circumstances that the Company reasonably deems necessary.” (WGAE-PCBA91)
• “The parties recognize surveillance is conducted for safety and internal security reasons. [The Employer] will be required to notify all employees in writing prior to initiating surveillance program of employees. If the required notice is not given, any evidence obtained may not be used against any employee in a disciplinary action. An exception to the required notice … above occurs if [The Employer] determines advanced notification would compromise a legitimate on-going investigation.” (AFGE-OPM102)

• “The Employer shall notify employees on an annual basis of any and all monitoring that is used in the workplace that does not pertain to the Employer’s internal security practices. The notice will identify the type of monitoring, the data gathered, where and how the data is stored, who may have access to any data gathered and for what purposes such access will be granted, and the systems in place to secure personal information and to safeguard employees’ right to privacy.” (NTEU-OPM23)
• “Employees will be notified annually if they occupy a position subject to silent monitoring. After receipt of such notification, employees will be afforded the opportunity to discuss with their supervisors the practice of silent monitoring of their position. Additionally, the [Employer] will provide to the local union the annual notification of positions subject to silent monitoring.” (NAGE-OPM28)
• “Bargaining Unit employees will be made aware of the subject policy [on all communication tracking hardware/software that may be used to monitor electronic communication systems] on an annual basis.” (NFFE-OPM19)

• “The Employer will provide clear, written notice to all employees of any changes to monitoring or surveillance of employee activities on Company communications systems. Notice shall be by email and by posting clearly visible notices in appropriate work areas.” (TNG-CWA-PCBA34)
• “The parties agree that the primary intent of monitoring/recording of calls is to ensure quality customer service and for the assessment of employee developmental needs. The parties agree to the following Performance Monitoring/Recording Guidelines: Employees will receive written advance notice that, in general, customer contacts will be subject to performance monitoring/recording. Employees may not necessarily be given any advanced notice that any particular contact may be monitored/recorded.” (CWA-PCBA58) 

Location-specific surveillance disclosures

To ensure visibility and transparency, many agreements require that physical spaces where surveillance occurs—such as entryways, offices, or work zones—include signs or posted warnings. These clauses help prevent covert or unnoticed monitoring in areas where workers would otherwise expect privacy or be unaware of surveillance.

Examples:

• “Where required by law, all telephone lines which are being recorded will be equipped with such warning devices as specified by law.” (PASS-OPM1)
• “A notice will be posted in work areas where overt surveillance [via Closed Circuit Television (CCTV)] is in use.” (AFGE-OPM91)
• “Proper signage will be placed upon all entrances to the Installation and the Controlled Area providing notice that, “All personnel entering the installation are subject to video surveillance.”’ (AFGE-OPM94)
• “Areas subject to surveillance cameras, other than hidden or covert cameras, will be posted with a sign in the vicinity of the camera(s).” (IAMAW-OPM2)
• “If video cameras/electronic monitoring are installed, signs will be posted advising that the premises are under video security cameras/electronic monitoring.” (SEIU-OLMS48) 

Explanation of monitoring system use and training requirements

These provisions go beyond notice to promote worker understanding of how monitoring technologies operate. Agreements may require written explanations, training sessions, or system briefings to ensure employees are aware of what is being measured, how data is used, and who has access to it—especially for wearable, AI-driven, or performance-tracking tools.

Examples:

• “Before a Team could request that a player use an approved Wearable, the Team shall be required to provide the player a written, confidential explanation of: (i) what the device will measure; (ii) what each such measurement means; and (iii) the benefits to the player in obtaining such data.” (NBPA-OLMS1)
• “Any new Artificial Intelligence systems (AI) designed to monitor or measure operator performance will not be activated until all Operators are provided with three (3) months advance notice and are offered to attend any necessary training.” (ATU-OLMS57)
• “Before a Player can voluntarily agree to use a wearable technology, the Club must first provide the Player a written explanation of the technology being proposed, along with a list of the Club representatives who will have access to the information and data collected, generated, stored and/or analyzed (the “Wearable Data”).” (MLBPA-PCBA6) 
• “Employees will be advised that the intent of performance monitoring/recording is to ensure the quality of service provided to customers and to assess employee developmental needs. Specific performance monitoring/recording guidelines will be established–(e.g., a usual minimum and maximum number of monitoring/recording sessions within a stated timeframe; an exception may be necessary to properly take into account developmental needs.) Employees will be informed of such guidelines. Information related to an employee’s performance, obtained as a result of performance monitoring/recording will be used for coaching, counseling and training purposes, and will be kept strictly confidential. Performance monitoring/recording results will be averaged to ensure that an employee is not adversely impacted by the evaluation of a single call.” (CWA-PCBA58) 

Employee access to electronic monitoring results

To promote fairness and accountability, some agreements guarantee that employees can review monitoring data collected about them. These provisions often apply when monitoring is used for evaluation or discipline and may include requirements for timely feedback, access to reports, or the right to request review of collected information.

Examples:

• “Fully successful monitoring sessions passing all elements normally do not require formal feedback. However, the coach/monitor will provide employees with a notice of a fully successful session in the employee’s mailbox folder or via e-mail normally within twenty-four (24) hours.… Any employee may ask a supervisor at any time, if he/she has been monitored and if so, will receive the results of the session(s).” (AFGE-OPM3)
• “When the results of monitoring are used to evaluate performance or support a disciplinary or adverse action, the Employee and the Union shall be notified at the conclusion of this monitoring and provided copies of any record, whether electronic or hard copy, generated.” (AFGE-OPM86)
• “If email is monitored, any email used as evidence in a disciplinary or adverse action procedure shall be disclosed to the employee.” (NFFE-OPM61)
• “The results of performance monitoring/recording will be shared as soon as possible with the employee for developmental purposes with emphasis on re-enforcing the positive and observations that could be improved. The results of the observation will be shared with the employee in the manner it was obtained (e.g., recorded audio, checklist, etc.).” (CWA-PCBA58) 

---