Law, Business, and Society 9th Edition by Tony McAdams

Exercise 25

A mirror fell off the wall in a Consolidated Freightways bathroom. Employees discovered that management had installed cameras behind two-way bathroom mirrors in order to address "ongoing drug abuse." The employees sued, saying the cameras violated California state privacy laws. A federal court of appeals labeled the two-way mirrors "a direct violation" of California criminal law. Consolidated argued that its collective bargaining agreement (CBA) permitted the surveillance. The CBA provided that Consolidated could not use video cameras to discipline or discharge employees for reasons other than theft or dishonesty. Consolidated also claimed that the Labor Management Relations Act preempts the employees' state claims because the claims required interpretation of the collective bargaining agreement. The lower court ruled for Consolidated. The case was appealed. How would you rule Explain. See Cramer v. Consolidated Freightways, 255 F.3d 683 (2001); cert. den. 122 S.Ct. 806 (2002).