loader
Page is loading...
Print Logo Logo
generic_insight_detail

Employee’s Complaint About Union Officials Watching Porn is Deemed “Human Imperfection” But Not Grounds for Retaliation


A union employee was suspended then terminated after being indicted – as part of an identity theft investigation by the prosecutor – which involved the public posting of names, salaries and Social Security numbers of the company’s managers during a previous strike. During her suspension, the employee claimed that she witnessed the union president and vice president looking at pornography during business hours, which she then reported to the union’s regional leaders. The employee also alleged that the union sabotaged her post-termination grievance process.

As a result, the employee sued the union under section 101 of the Labor-Management Reporting and Disclosure Act, alleging that she was retaliated against for raising a matter of union concern relating to the general interest of its members (i.e., her complaint about union officials watching porn during business hours). The Fourth Circuit found that the employee’s complaint did not rise to the level needed to meet the test and added that “human imperfection must be kept in some perspective.”

On Monday, the United States Supreme Court denied the employee’s bid for certiorari. (see Melissa H. Trail v. Local 2850 United Defense Workers of America et al., case number 13-332).


RELATED ARTICLES

Giggity Giggity: Gig Economy Workers Launch Unionization Effort

August 6, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Prepare for Takeoff: NLRB’s New Pro-Union Majority Will Soon Take Over

July 30, 2021 | Labor Relations, National Labor Relations Board

Un-Exterminated: Scabby the Rat Is Back, Says Labor Board

July 29, 2021 | Labor Relations, National Labor Relations Board, Strikes and Picketing, Unions and Union Membership

Unblocked: Labor Board Declines To Delay Decert Election Based On Pending ULPs

June 4, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

President Biden Nominates Union-Side Attorney Gwynne Wilcox to the NLRB

May 28, 2021 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
Labor Unions
Unions
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.