So this morning during break one of my fellow workers, A., came up to me telling me that his supervisor threatened him by stating that he was working hard enough and that she would change his start time for that night from 11:00 pm to 11:15 pm.
Obviously this is completely off the wall and a supervisor can get fired for actually messing with an employees time card (well, not really a card, a name in an electronic database, but any-who). A. wanted me to talk to the supervisor and tell her that was not cool, which I said I would once my building supervisor allowed me to.
A little bit latter on my building supervisor, told me I was needed in re-wrap and that it involved A. and his supervisor. Once arriving to re-wrap Gram, my manager, told us to come into his office and we would sort this out.
Once in the office the “fun” began. The supervisor said that she confronted A. because he wasn’t working and wasn’t sorting and that all he was doing was talking to J. A. told her that PD-6 was down and that was why he obviously wasn’t going fast (he was working, just not “fast enough”) because when a belt is shut down you have no where to sort the packages. The supervisor than said that A. said “Fuck you” to her and walked back to Sort-1 (multiple witnesses told me he was told by her to go to Sort-1).
This got Gram “angry” and he proceeded to say in a fake and condescending manner. “Oh reeeeaaaallly? He said that?”
“Uh-huh.” She answered back.
“Listen, you can not tell my supervisors to go F themselves or say F you.” I raised my hand to break in. “Hold on Jack!”
“OK.”
“You cannot tell yell at my supervisor and swear at them.” He continued.
“But I didn’t!” A. shot back. “All I said was that’s fucked up.”
“OK, OK, it’s your word against hers. I’m just saying that if you do do that or if any other employee does that I will consider it gross-insubordination and you will be fired.”
I was able to break in. “OK, OK, hold on a second. First of all, she cannot mess with his time and threaten to change his time at all. She has no authority to do this and his start time tonight better state 11:00 pm and not 11:15.”
They both capitulated and said of course and that that should never happen. But the supervisor said she never said that (despite one witness stating he heard her talk about his start time), all she said was that his start time should be moved (rolling my eyes).
“Secondly,” I stated, (and this is important, “just because a worker says fuck you or that’s bullshit or something is not ground for gross insubordination. The National Labor Relations Board and the NLRB court system has repeatedly stated that salty language can be used on the job and is essentially expected when things are at the heat of the moment.”
“Ummm,” Gram said butting in, “in the heat of the moment, that’s fine. But if an employee says fuck you to one of my supervisors he’s going to be given a warning and fired on the spot for gross insubordination.”
Did he just say in the heat of the moment that’s fine and at the same time state that he would fire an employee for saying that?
…
Never mind.
“If,” I stated, “an employee says, ‘Fuck you I’m not doing that!’ then it’s gross insubordination but if the employee is just saying ‘fuck you’ or whatever that is not ground for gross insubordination.”
“Ummm. I’d beg to differ on that one and I would like to see someone try that.” Gram stated in a machoistic way.
“Sure, fine.” I said.
After we where done meeting I went to the employees who had been there at the time of the incident, J., S. and T. and got nearly identical stories from all of them saying that the supervisor came in with a pissy attitude, was yelling, was yelling at A. about his time, had waved him down to call him over and scold him, and that A. was working and that A. at no point ever swore at her.
Once I confronted Gram with all this evidence he said. “Well, that wasn’t really the issue at hand and we know that she can’t change his time and that we shouldn’t swear at each other. So, you know, it’s OK. There is no disciplinary action being taken.”
And like that all of the hubris and pomp and circumstance of management vanished into thin air and this highly tense meeting with veiled threats was down graded to no big deal.
Lessons:
1. In the heat of the moment salty language can be used as long as it is not used in conjunction with disobeying an order that must be followed and that it is not used in a manner that is discriminatory on race, sex, or orientation and that is not a treat to a person.
2. Management cannot in any circumstance alter the time clock of an employee.
3. Gross insubordination is only when a supervisor orders an employee to do something, there is a shop steward present explaining the order must be followed and the order must be relayed to the employee and refused by the employee three times.