Ask FELTG: Can a union official make disparaging remarks about a non-federal employee (contractor) working with agency managers? Is the union official protected under the “robust debate” umbrella?
July 24, 2019
Abusive or insulting language made by union officials may constitute robust debate in the following categories:
- Negotiations
- Newsletter
- Representational meetings
- Bulletin boards
FELTG has not seen a case that involved robust debate toward a contractor (that doesn’t mean there isn’t one), though our guess would be if that person was working on the management side then the same principle would apply: As long as the union rep is wearing his union hat, he can say a lot of things that would otherwise be unacceptable in the workplace.
There are outside limits to robust debate (racist, sexist, or threatening language/actions) but it has to be pretty bad to not be protected.
Have a question? Ask FELTG.
The information presented here is for informational purposes only and not for the purpose of providing legal advice. Contacting FELTG in any way/format does not create the existence of an attorney-client relationship. If you need legal advice, you should contact an attorney.