October 21, 2019 / 10:57 PM / a month ago

D.C. Circuit will consider if labor law protects worker's profane comment

Lawyers for an aluminum products manufacturer that fired a worker for writing “whore board” on an overtime sign up sheet will tell the U.S. Court of Appeals for the D.C. Circuit on Tuesday that the National Labor Relations Board was wrong to find that his conduct was protected by federal labor law.

Former NLRB Member Harry Johnson, now a partner at Morgan Lewis & Bockius, will argue on behalf of Constellium Rolled Products that the company had a right to fire production worker Jack Williams in 2014 because he vandalized company property and his comments could have been insulting to coworkers at a West Virginia plant.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2Bse0vJ

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