A bus driver is cut off by a sedan doing 90 in a 55 mph zone. There are just inches between the two vehicles. The bus driver has a few choice words that are muttered loud enough for a passenger to hear.

Is this acceptable behavior for a worker who then gets disciplined for using profanity? Our rulebooks and common sense tell us that we should act professionally at all times. But we are also human and subject to tremendous stress on the job. Rush hour traffic, pressured turnarounds, abusive passengers, and poor weather conditions can turn an angel with a perfect work record into a smoking devil in seconds.

While our members have been disciplined and even terminated for using profanity at work, arbitrators have understood that there are often mitigating circumstances that can reduce or even remove the discipline. They will ask what is the context of the outburst and is there acceptance of profanity as shoptalk? Is the language part of abusive behavior or is someone cursing because the load is too heavy? Was the member goaded into this behavior by a supervisor? To answer any of these questions demands that an arbitrator examine the details of the incident.

Profanity usually involves the use of offensive language. Vulgar words, cursing or swearing might be considered profanity. Most of us know profanity when we hear it.

Most arbitrators will agree that cursing in the context of abusive conduct could result in a high degree of discipline including termination. Examples would be someone demonstrating gross disrespect for a coworker such as sexual harassment or acting insubordinate to a supervisor by using profane language where such conduct is unprovoked,

In the case of profanity and abusive behavior towards management, arbitrators will test
for the issue of insubordination. They will also consider whether other employees witnessed the alleged abuse, whether the abusive language was used first by the supervisor, and whether a direct order was given and understood. Even when a member uses profanity with a supervisor, the company must follow due process. Stewards have successfully argued cases where the supervisor never handled the issue of alleged insubordination properly. Bottom line, unless there are repeated requests from a supervisor to an employee to stop using abusive language or that language is liked to insubordinate behavior, termination will generally not be upheld by an arbitrator.

When a member uses profane language with another member, again the issue is context. Arbitrators ask whether the language provoked an altercation, was the language really "shop talk," and/or whether the abusive language included threats or was grossly disrespectful. In the latter case, the question is whether there was sexual harassment, racial or other prejudice involved.

Where there really isn't abusive behavior, stewards have countered discipline with the defense of shoptalk. Profanity has been part of the work environment since the first bolt rusted tight. Stressful working conditions have only added to the use of profanity at work. Use of that language by itself not in the earshot of a client or passenger should not be a punishable offense. As one arbitrator recently wrote: "There is not much distance between routine or accepted language and prohibited language on the ramp."

So what should the steward do? Make sure the employer’s rule is clear and that if an order was given it was clear and understood. Check to see that due process was followed and that the boss did a proper investigation. See if there were witnesses and read the statements to see if there were issues that could have triggered the language or if there were mitigating circumstances. Map out the context of the incident to prepare the best case. The use of shoptalk is a defense but care must be taken in using it as a sole defense.

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