The employee's exhortation to "Vote YES for the UNION" apparently made all the difference. The NLRB ruled that the Facebook post was protected activity under the National Labor Relations Act because it was focused on the upcoming union election.
The vulgar language seemed to not disturb the NLRB. It said that because similarly course speech was commonly used on the job at Pier Sixty, it was not offensive in the context of the Facebook post and did NOT constitute insubordination. The NLRB ordered this company to reinstate this employee.
Do not be so quick to fire employees who go online and attack your business or one of your supervisors. As odd as it may seem, those employees may be protected under the federal labor laws that allow workers to collectively discuss, either online or in-person, your businesses working conditions and wages.
Information provided by the HR Specialist
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