On January 21st, the Ontario Labour Relations Board dismissed three policy grievances that challenged the use of vehicle telematics and a rule against the personal use of company vehicles without permission. Vice-Chair Silverman stressed that use of company vehicles to get to and from work was optional but of benefit to employees and said the following about the union’s “less intrusive means” argument:
The union’s suggestion that the employer use another system for monitoring use such as the PDA or the vehicle’s odometer or gas consumption,either is not germane to what the employer is permitted to do. The issue is whether the employer is precluded from using the Telematics device not whether some other device, is adequate to the purpose.
In assessing the reasonableness of the personal use prohibition, Vice-Chair Silverman recognized that the employer exercised a discretion to relieve against the prohibition and it was reasonable to do so based on a disclosure of off-work plans.
International Union of Elevator Constructors, Local 50 v Otis Canada Inc, 2013 CanLII 3574 (ON LRB).