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NLRB Weighs Whether Profane Language in the Workplace is Protected Under the NLRA


Earlier this month, the National Labor Relations Board ("NLRB") announced it was seeking public comment on whether the National Labor Relations Act ("NLRA") protects employees that use profane language in the work place.

This request for public comment comes about following a 2017 case, General Motors LLC, that is currently before the NLRB.  In that case, the main issue centers around whether a worker who was a union official lost NLRA protection because he threatened to "shove" an item up the backside of a supervisor and spoke in "slave like vernacular."  There appear to be concerns by the NLRB that the current policy of allowing such profane language to be protected under the NLRA may be outside the scope of what is held to be acceptable workplace behavior.

Now bear in mind that just because the NLRB is seeking public comment on the matter does not mean there will be a definitive change to what language remains protected under the NLRA.  With that being said, with an employer friendly NLRB, it would not surprise me to see a change made.  This will be one to keep an eye on over the next few months.


For additional information:  https://www.businessinsurance.com/article/20190906/NEWS06/912330525/NLRB-seeks-comment-on-whether-profane-language-protected

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