Today, Republican Leader of the Education and Labor Committee, Rep. Virginia Foxx (R-NC), issued the following statement in support of the National Labor Relations Board’s (NLRB) decision to modernize the standard by which union organizers and members are held accountable for profanity or language that is sexually or racially offensive:
“Today’s decision from the NLRB to hold employees, regardless of union affiliation, accountable for abusive or offensive language is a pivotal step in ensuring that workplaces remain free from harassment. Unions should not be exempt from laws intended to protect employees’ civil rights, and I applaud the NLRB for its decision in today’s case that will promote healthy workplace environments for our nation’s workers and job creators.
“I am confident that today’s NLRB decision will serve as a wake up call regarding the appropriate boundaries for worker behavior which were ignored by the Obama NLRB and my Democrat colleagues who continue to bow to the wishes of their Big Labor allies at the expense of workers’ well-being.”
BACKGROUND: Under the National Labor Relations Act, workers engaging in a “concerted activity” with other employees, such as a union organizer or representative discussing conditions of employment with an employer, qualifies as a protected activity. However, when these conversations resort to abusive or offensive language, it is not protected activity. Today’s decision from the NLRB in the General Motors LLC case clarifies that unions are not automatically exempt from laws intended to prevent workplace harassment.
