Statement of Opposition: City of Baltimore AM-5-1-12: Use of Communication Devices Prohibited When Operating City Motor Vehicles or Driving Personal Vehicles for City Business

The American Federation of State County and Municipal Employees (AFSCME) Local 44 strongly opposes the City of Baltimore in their rapid move to prohibit the usage of communication devices while employees are conducting City business. This policy is even more unacceptable as it extends to communicative device usage in the employee’s own, personally owned vehicle. This item is a mandatory subject of bargaining and we are currently in negotiations with the City of Baltimore. This issue addresses employee “work rules” and should be appropriately negotiated. Additional concerns that we have involve equitable and fair disciplinary action for all employees. We are concerned that many of our workers may be disproportionately disciplined by management while management themselves will not be monitored or disciplined at the same rate. This would be an unjust practice that will negatively impact employee morale and employee/management relations.

Although the City makes statements about concerns for safety while on the roads, Local 44 finds it necessary that its members be viewed as responsible adults who would not jeopardize the lives of themselves or others by driving carelessly while using a cell phone.  We believe that more specific exceptions should be considered in drafting this policy.  There are many instances when our workers may need to speak immediately to a child, family member, elderly parent or even supervisor during work hours. It may not always be safe or possible for an employee to pull over to make or to answer a call that may be urgent; in fact there are times when this act may place them in danger.  Many employees travel daily on the Interstate or on the Beltway while doing City business. The use of the phone for reasonable work related and/or emergency family business should be allowed.  The ability to communicate when it is necessary is something that will provide many working parents and family members with piece of mind that will allow them to remain hard-working productive employees.  If this policy is to be appropriately enforced, AFSCME requires that the same policy be mandated to all levels of employees specifically supervisors and upper management employees in the City of Baltimore.  Overall, AFSCME Local 44 strongly opposes this policy.