A unionized employee filed more than a dozen grievances over a three year period. His supervisors wanted to know why he was filing so many grievances and referred to him as a “troublemaker.” The employee got into an argument with a co-worker and was told that if there was another instance, he would be fired. A few months later, the employee made a derisive comment about another co-worker who was not present. When the co-worker later heard second-hand what had been said about him, he complained to management. The employee was suspended and then terminated for “comments directed toward another employee that were totally inappropriate, intimidating, antagonistic and offensive and could be construed as sexual harassment towards a fellow employee.” Vulgar comments were common in this workplace. No written rule prohibited profanity and no employee had ever been discharged on this basis before. The employee’s case was brought to the NLRB. What should the Board decide? Why?