In a Halloween release of her latest memo, NLRB General Counsel Jennifer Abruzzo announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technologies to monitor employee misconduct and performance issues. In Memorandum GC 23-02, Abruzzo describes various technologies that are increasingly used to monitor and manage employees and promises to “urge the Board to ensure that intrusive or abusive methods of electronic surveillance and automated management do not unlawfully interfere with, restrain or coerce employees in the exercise of their Section 7 rights by stopping union or protected concerted activity . . .” At first glance, “intrusive or abusive methods of electronic surveillance and automated management” may not seem too far-reaching, however her memo goes on to identify such items as wearable devices that track employee movements within a warehouse, GPS tracking of truck drivers and the broad use of security cameras as examples of areas of potential abuse by employers! The General Counsel memo acknowledges that “some employers may have legitimate business reasons for using some forms of electronic surveillance and automated management”, but concludes that those interests must be “balanced against employees’ rights under the Act.” (The National Labor Relations Act). She concludes that “it is up to the Board to work out an ‘adjustment’ between the interests of management and labor that guarantees employees’ a meaningful ‘[o]pportunity to organize’.” Brace yourself and take that all for what it’s worth!