Union Labor’s Profanity Protection

Wall Street Journal ^ | November 20, 2019

[karpov]

Union workers can say a lot while under the protection of American labor law. For example: “Go back to Africa, you bunch of —ing losers!” That was only one of the racial epithets shouted in 2012 by picketing Ohio tire workers at a group of replacement employees, many of them black.

When the tire company fired one offender, its decision was overturned by an administrative judge. That ruling was upheld by the National Labor Relations Board in a 2016 decision, Cooper Tire . These kinds of precedents, employers say, put them in a bind between labor law and workplace standards—even antidiscrimination law—if the result is that workers can make offensive comments with impunity.

Now the NLRB is moving to reconsider. This case involves a General Motors employee in Kansas City who was disciplined for being verbally abusive while acting “in his capacity as a union representative,” according to the case record. During one altercation, a witness testified, the man told someone: “You can shove it up your —ing a—.” In another incident, after being asked to lower his voice, he reportedly replied in a mocking tone: “Yes, master, sir. Is this what you look for master, sir?”

The administrative law judge on the case, applying a four-factor test, held in 2018 that the worker’s first profane outburst was protected. But the second wasn’t, the judge said. By repeatedly “using slave vernacular,” the man “diverted from his union representational purpose” to engage “a more serious personal attack.”

To most people in the private economy, this detailed parsing probably seems crazy. An employee angrily uses the F-bomb or slave dialect toward a colleague. Before the boss takes any action, he’s supposed to analyze the offensive comment with a four-factor legal test, weighing the confrontation’s place, its nature and its broad subject matter?

[karpov]

Racist words are the worst thing in the world, unless uttered by a union member.

[Impala64ssa]

But I thought labor unions were left leaning and progressive. So they're exempt from PC wokeness?

[TianaHighrider]

wondering...

If somebody is actually from Africa (born there) or say they are African, does saying, “Go back to Africa” racist?

Like telling a German to go back to Europe? Or a Kentuckian in another country being told to “Go back to America”?

And as far as being called a loser, that can apply to anyone.

I would say at worse, it makes only the person(s) who said it guilty of ignorance/stupidity. Not the whole union.

[TianaHighrider]

Correction. I just read the full post (laf).
Hey, I AM a freeper!

I see the total jerk layout now.

[alexander_busek]

In another incident, after being asked to lower his voice, he reportedly replied in a mocking tone: “Yes, master, sir. Is this what you look for master, sir?”

[...]But the second [outburst] wasn’t, the judge said. By repeatedly “using slave vernacular,” the man “diverted from his union representational purpose” to engage “a more serious personal attack.”

Heaven forbid an employee should adopt a "mocking" tone!

Regards,

[Hardastarboard]

“Go back to Africa, you bunch of —ing losers!”

Would be interesting to see what happens to a union member that said that out loud to the 0bama family.

[Lowell1775]

OHIO PING!

Please let me know if you want on or off the Ohio Ping list.

Union Labor’s Profanity Protection
Wall Street Journal ^ | November 20, 2019

[central_va]

FYI: Only 7% of the US private sector workforce is unionized.