Saturday, August 20, 2005

NLRB Rules Profanity Is OK

This is an attempt to use the new blogger for word.

NLRB Rules Profanity Provoked by Boss's Illegal Threat to Fire Him A hotel maintenance engineer who cursed at his boss for ordering him to tell a union representative that he was a supervisor and thus ineligible for union representation did not lose the protection of federal labor law, the National Labor Relations Board rules 3-0 (Stanford New York LLC, d/b/a Stanford Hotel, 344 N.L.R.B. No. 69, 4/29/05 [released 5/4/05]). Chairman Battista and Members Liebman and Schaumber emphasize that they "do not condone insubordination." However, they find that Joong Hyun Park "was engaged in protected concerted activity in expressing his desire to be included in the collective bargaining unit, and he did not lose the protection of the [National Labor Relations] Act because of his intemperate response while protesting [the general manager's] unlawful conduct." The board agrees with an ALJ's recommended decision and orders Stanford New York LLC, which operates the Stanford Hotel in New York City, to reinstate Park and reimburse him for lost pay and benefits. AA-1, Text E-1

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