Union Organizer’s Profane Outburst Not Protected
Written warnings issued to an employee for using profane and insubordinate language in an open work area while engaged in union solicitation was not an unfair labor practice, the National Labor Relations Board rules in a split decision. The Board explains that even though the employee’s “profane comments” (b-word and f-word) were made during the course of his protected activities to promote the union, it does not follow that he was therefore immunized from discipline. However, because the company had negated its no solicitation policy by allowing employees to sell items such as candy, meals, and Girl Scout cookies during working time, the oral warning given to the employee about soliciting for the union during working time was unlawful, the Board says. See Cellco Partnership dba Verizon Wireless and Communication Workers of America.


