Engaging in a “concerted protected activity” does not protect an employee from unleashing a profanity-laced tirade against a supervisor, according to a recent labor board ruling. Jackson Lewis covers this and four other recent developments in U.S. labor law in its latest update.
This development was from a case this spring involving a railroad company. According to the article, “…the Administrative Law Judge held that ‘the employer’s right to maintain order and discipline’ in the workplace in that instance outweighed the employee’s right to engage in protected concerted activity.”
Jackson Lewis also covers how frequently unions win elections, getting approval for using cameras in the workplace, discretionary “serious” discipline, and employee representation at discipline hearings.