Mr. A, president of NATCA Local No. 90, while engaged in union activity, asserted to his supervisor, Mr. B, that the staffing level for the upcoming shift was insufficient under the CBA. Mr. B responded that a staffing decision had not yet been made.
Objecting to the lack of an immediate decision, Mr. A said, "Fuck you, I don't give a fuck." The facts of record are that the burst of profanity was brief, delivered in a normal tone of voice, and not overheard by any other employee. Mr. B called security and had Mr. A escorted from the premises, in the view of at least 10 bargaining unit employees, and placed him on administrative leave. NATCA filed an unfair labor practice charge of discrimination against the FAA based on union activity. The FAA responded that the right to engage in union activity does not prohibit employers from requiring employees to maintain workplace civility. Decide. [FAA v. National Air Traffic Controllers Ass'n, FLRA No. BN-Ca-05-0222 (Jan. 28, 2010)]