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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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My friend is a shop steward for a local sewer plant which is

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My friend is a shop steward for a local sewer plant which is union. The executive director had asked him to report any wrong doing by his union brothrers to the operations manager. He did and the two guys received a written warning. One of the guys decided to write "Our shop steward ratted us out!! signed his name and posted the letter that was issued to him on the wall so everybody can see. My question is : Is this harrassment? If so what kind of harrassment is it. derogatory written comment?

Thank you for your question.

This is not actually illegal harassment. A co-workers freedom of speech in situations like this is only limited when the harassing language is based on illegal discrimination (discrimination based on race, religion, national origin, gender, age or disability).

That being said, it is a clear display of insubordination, which should be the subject of another write up on the employee and cause for termination, even under the union contract.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
Customer: replied 3 years ago.

How is this considered insubordination. under what grounds


When an employee talks this way to a supervisor, it is insubordination. Employees are required to follow instructions and do their work. When they do not and are written up for it, and then make improper harassing statements like this in an effort to bring dispersion onto the supervisor, it is insubordination.
Customer: replied 3 years ago.

I'm sorry a written warning was given to the employee and the employee retaliated against the shop steward for reporting him not the supervisor. Does the steward report insubordination with his union


I understand. The steward's job is to report the employee who is not doing his work. The steward did his job, which is supervisory in nature, and the co-worker is retaliating, which is insubordination. The steward should inform the supervisor of what is going on. The supervisor may then decide to write the co-worker up for insubordination.
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