Employee Terminated for Profanity Reinstated because Profanity was Pervasive at Facility
By Management Labor Lawyer | | NLRB
A Coca-Cola bottler unlawfully fired a union steward who used profanity in front of company executives and dozens of employees. The ALJ said the National Labor Relations Act gives employees “some leeway for impulsive behavior,” and the decision illustrates that profanity in the workplace isn’t likely to take an employee outside the protection of federal…
Read More NLRB Orders Reinstatement of Undocumented Workers Terminated in 2003
By Management Labor Lawyer | | NLRB
The NLRB ordered a bakery to reinstate – but not remit back pay – to several undocumented workers that it fired in 2003 for participating in protected labor activities. Each employee’s reinstatement is conditioned on the employee showing that he or she is allowed to work in the U.S. The employers escaped back pay liability…
Read More Employees Reinstated Despite Post-Discharge Conduct Unless Serving Time in Prison
By Management Labor Lawyer | | NLRB
Employee Neel began working at a call center in early 2011 that solicited donations for non-profits. He was instrumental in organizing workers into a union, was elected union steward, and became a member on the union negotiating committee. Neel was fired in 2012 for breaking multiple protocols while on the phone. Yet, the Board ruled…
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