How to Defend Members from Politicized Firings

Can a worker be fired simply for expressing an opinion that the boss or a political group finds objectionable? These days online attackers often campaign to pressure employers to fire workers for political speech—even speech that took place on their private social media pages. Stewards have a number of tools at their disposal to defend members from these attacks.

Bosses and disgruntled co-workers have long attempted to target workers over off-duty conduct. Grievance books are filled with examples of disputes away from the workplace—for example, a boss and a worker both have too much to drink and get into a dispute at a local watering hole, and the boss demands that the worker be fired “in the interest of workplace safety.”

Such firings are rarely upheld by arbitrators: if a worker can get to work and carry out normal work functions, a situation away from the job is typically considered wholly separate.

Today’s firings present a new challenge for union stewards because each case becomes public, playing out on social media and on the national stage. Nonetheless, the same principles hold. Here are some basic steps a steward should take to investigate a possible grievance:

CHECK THE FACTS

If determining the facts of a situation at work is often difficult, then figuring out the details of an off-duty episode is even dicier. A steward may have to leave work to try to interview witnesses, if any can be found, or may be able to access public records—like police reports—to gather information. Unfortunately, laws that could require witnesses to testify don’t apply to grievance procedures, so a steward has to be especially resourceful.

When it comes to social media doxxing campaigns, the “facts” are clearly posted: workers’ personal opinions on social media are typically screenshotted and shared, perhaps more widely than the worker had intended. The issue is whether these opinions provide justification for firing a worker.

A steward should follow the First Rule of Effective Grievances: make the employer present the case. The boss must prove that some “damage” has been done. Challenge weak testimony—for example, if parents complain that their children are being exposed to “hateful” opinions but the teacher has not actually said anything on the subject in the classroom, point this out.

Right away, the steward should raise the question of how the episode is related to the workplace. Make the boss prove that the off-duty situation somehow has relevance to the workplace.

The steward should also look at the usual factors: the worker’s length of service and past work history.

SUPPORT LABOR NOTES

BECOME A MONTHLY DONOR

Give $10 a month or more and get our "Fight the Boss, Build the Union" T-shirt.

Finally, the steward should ask: does the punishment fit the crime? Even if there is evidence that the worker did something wrong, does this affect anything or anyone in the workplace?

A lot may depend on the industry. In occupations where workers have to deal directly with the public—school teachers, police officers, sales reps, professional athletes—employers may try to set a different standard from what would cover a manufacturing worker.

DON’T BOW TO PUBLIC PRESSURE

A grievance like this will become a public spectacle, urged on by culture war crusaders who want to control all expressions of opinion they disagree with. They may bring the matter to a non-grievance venue, like a public school board meeting or local council.

So the union, too, should take the opportunity to organize around the grievance. In many unions, grievances are filed by officers who meet privately with the boss and then send it to arbitration. A better way is to get members involved by creating a group grievance—everyone signs on and offers to testify at a grievance meeting.

In instances of political retaliation, workers like teachers and journalists may be moved to rally in defense of free speech—culture warriors are creating a movement to suppress our opinions, and we have to develop our own movement to protect our members.

When a contentious political issue is at stake, union members will land on different sides. Some may be sympathetic to the attackers. You have to explain to these members that defending the right of someone to express an opinion will protect every member—even them. Put the issue forward as a matter of free speech, not a defense of a particular opinion.

Ultimately, the “just cause” section of the union contract offers protection for all workers. It’s important for a steward to stress this point to other union members who may be inclined—due to the nature of the off-duty episode—to let the boss get rid of a co-worker without making a convincing case. Enforcing the contract for one is enforcing the contract for all!

Bill Barry is a retired organizer and the author of “From First Contact to First Contract: a Union Organizers Handbook.”