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Pier Sixty days before a union vote had a supervisor admonished a group of employees for ‘chitchatting’ during working an event.  On a break a few minutes later employee Perez took this admonishment as being disrespectful and took to Facebook to rant.  According to the 2nd US Circuit Opinion his Facebook post stated:

“Bob is such a NASTY MOTHER XXXXXX don’t know how to talk to people!!!!!! XXXX his mother and his entire xxxxxxx family!!!! What a LOSER!!!! Vote YES for the UNION!!!!!!!”

If curious you can find the actual profanity rant in the 2nd US Circuit Opinion.

Employee Perez knew that at least 10 other Pier Sixty employees were ‘friends’ with him on Facebook and that the post was publicly available.  Employee Perez was later fired for this Facebook rant even though he took it down three days later.

The NLRB decision which was affirmed by the 2nd US Circuit stated that even though it was on the out bounds it was protected union activity.

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