Tag Archives: firing for cause

Morning Ethics Warm-up: 8/18/17

Good Morning, Ethics Alarms Readers!!!!

1. I am so aggravated, offended and frankly frightened over how the Charlottesville politically-correct spin has been injected into the public’s brain by the familiar unholy alliance of the free speech-hostile left, the Soviet-emulating historical air-brushers, cowardly scholars and, of course, our impulsive and inarticulate President, that it is difficult for me to focus on anything else. As Billy Bigalow sings in “Carousel,” though, “I’ll try, by God, I’ll try…”

2.  Wolf Blitzer actually asked, on the air, whether the Barcelona terror attack was inspired by James Field’s homicide-by-auto in Charlottesville. I swear, this isn’t a Charlottesville commentary but a “How incredibly stupid does a journalist have to be before the public and his employers send him off to work at a bait shop?”  commentary. Is this some sinister effort to blame Robert E. Lee for terrorism in Barcelona? There have been  eight jihadi car-ramming terror attacks this year alone! Why in the world would a Spanish terrorist look to James Field’s for inspiration? Why would Wolf Blitzer even ask such a blitheringly idiotic question? How can we respect of trust major news media when it can behave like this?

As Ann Althouse wrote last week about a Washington Post story:

This is the kind of newspaper article I’m looking for, detailing what happened in Charlottesville, and I wish I felt more confidence that The Washington Post would tell it straight. Maybe this is straight, but how can I know? What trust has been shot to hell in the last few years of journalism! I’m still reading this, because it’s the closest I’ve come to the kind of careful report I want.

For me, once a major network anchor displays the utter stupidity (or contempt for the intelligence of its viewers) that Wolf’s speculation constitutes, I have enough information to never trust that news source….not that I didn’t already have sufficient justification for that conclusion.

3. I have come to the conclusion that all polls are inherently misleading, and those who cite poll results to justify or condemn policy decisions or initiatives are themselves untrustworthy. First of all, the polls reflect apples, oranges,  mangos and walnuts but treat them as if they are the same. When a majority of the public, for example, disapproves of Congress according to a poll, what does that mean? It means that some who disapprove do so because Congress is too conservative, while others regard it as not conservative enough. Since the two components of that disapproval diametrically oppose each other’s standards, the poll provides no genuine guidance or illumination. Such polls are also misleading because there is no way of knowing  how many of those polled are informed regarding the issues and legislative matters beyond reading headlines or watching Stephen Colbert. I don’t care what ignorant people think about things they haven’t bothered to think about, and neither should the news media or elected officials.  All polls should include the category, “I really haven’t studied this issue enough to have anything but a gut-level opinion.” “Don’t know/No opinion” is not the same thing. Continue reading

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Ethics Dunces: The 8th U.S. Circuit Court of Appeals

I don’t understand this ruling at all.

In 2011, Cooper Tire & Rubber Co. had locked out union workers. After the company later settled a contract dispute, they all returned to work except for Anthony Runion, who had been fired. Runion had shouted at a van carrying replacement workers onto the company’s grounds: “Hey, did you bring enough KFC for everybody?” and “Hey, anybody smell that? I smell fried chicken and watermelon,” the opinion noted, adding that most of the replacement workers were black.

In the 2-1 ruling for the fired worker, Judge William Duane Benton cited the law protecting unions, strikers and pickets, 29 U.S.C. § 157. Section 7 of the Act guarantees employees the right to “assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 7
gives locked-out employees the right to picket. Section 8(a) prohibits an employer from interfering with, restraining, coercing, or discriminating against employees in the exercise of their Section 7 rights.

How would firing  a worker for uttering undeniable racially hostile verbiage in the process of striking? Benton writes, citing various cases in the line of labor decisions:

“One of the necessary conditions of picketing is a confrontation in some form between union members and employees.” Chicago Typographical Union No. 16, 151 NLRB 1666, 1668 (1965), citing NLRB v. United Furniture Workers of Am., 337 F.2d 936, 940 (2d Cir. 1964). “Impulsive behavior on the picket line is to be expected especially when directed against nonstriking employees or strike breakers.” Allied Indus. Workers No. 289 v. NLRB, 476 F.2d 868, 879 (D.C. Cir. 1973) (internal citation omitted). This court analyzes picket-line conduct under the Clear Pine Mouldings test: a firing for picket-line misconduct is an unfair labor practice unless the alleged misconduct “may reasonably tend to coerce or intimidate employees in the exercise of rights protected under the Act.” NMC Finishing v. NLRB, 101 F.3d 528, 531 (8th Cir. 1996), citing Clear Pine Mouldings, Inc., 268 NLRB 1044, 1046 (1984), enf’d, 765 F.2d 148 (9th Cir. 1985). The test is objective.

Wait: racially prejudiced rhetoric is “impulsive behavior”? Not by non-racists, its isn’t. Non-racists don’t suddenly start talking like racists on impulse. Anthony Runion unmasked himself as a racist by his behavior on the picket line. It may not have been “picket line misconduct,” but it was certainly unacceptable workplace and employee conduct, with a strong indication of more to come. Benton wrote that there was no evidence the black “scabs” heard Runion’s racist words, though dozens of others nearby did, and that the comments were not directed at any individual. Wait again: is the judge arguing that using racial epithets in the workplace isn’t a firing offense as long as the offender can say, “I didn’t mean you” ?

The lone dissenting judge, Judge C. Arlen Beam  dissents by stating the obvious: Continue reading

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Filed under Ethics Dunces, language, Law & Law Enforcement, Race, Rights, Workplace

Yes, Virginia, There Is A White Supremicist Teacher Principle

“Oops! Sorry.”

 

A commenter yesterday inquired about the Ethics Alarms position regarding efforts to punish participants at white nationalist rallies by publishing their photos on Facebook and other social media, presumably to help get them fired.

I’ll begin the analysis with the Naked Teacher Principle, explored in its many variations on Ethics Alarms, which states,

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The same general reasoning would apply to a secondary school teacher or administrator (or other role model for children) who placed videos or photos of himself or herself demonstrating in favor of racist causes, or giving the “Sieg Heil!” salute, on social media. Even a superb teacher, and one who never exhibited any racial bias at all, would be rendered untrustworthy by such photographs. A neo-Nazi has a right to his or her political views, but those views cannot interfere with the individual’s ability to do a job.

No, I wouldn’t trust a Klan member, a neo-Nazi or a white nationalist to teach my child.

The same would apply to social media posts, and the exact analogy are the college professors who have recently found themselves enmeshed in controversies by declaring on Twitter or Facebook that white people should be killed, that males are a social contagion, or similar bigoted sentiments. These teachers should be separated from their students, and many, though not all, have been. They are, however, publicizing themselves, as well as their bigoted views. Like the naked teachers who posed on-line, they are accountable for the images they project and publish, and how those images affect present and future employees.

However, this is different:

Thousands of strangers across the country had been working together to share photographs of the men bearing Tiki torches on the University of Virginia campus. They wanted to name and shame them to their employers, friends and neighbors. In a few cases, they succeeded.

The activity described is a direct effort to punish people for  their opinions expressed through legal means. It is in the same unethical category as sending private e-mails that reflect badly on former lovers through social media, or using a questionable tweet to destroy the life and career of the tweeter. This kind of  “amateur sleuthing”  as the Times whitewashes the practice, is vicious, destructive, reckless, unfair, and a Golden Rule breach.

I have already pointed out that I might be tempted  join a demonstration against the unethical airbrushing of history that taking down Robert E. Lee’s statue in his home state represents. If I were an idiot (but not a bigot), and didn’t recognize that the white nationalists were just exploiting the General’s memory for their own agenda, I might have been in that group of Tiki torch marchers. A photograph of me marching with a bunch of Klansman and neo-Nazis would hardly be good for my ethics business, though I would be completely innocent of racist views.

The “amateur sleuths” also are not always correct (being amateurs, after all) , as well as being self-righteous, vicious, and opponents of free speech. The Times describes that fate of a professor, Kyle Quinn, who runs a laboratory dedicated to wound-healing research, and who resembled another man caught in a photo marching with the racists. Quinn was attacked on Twitter and Instagram, and social media demanded that he be fired, accused him of racism, and posted his home address online.

Nice.

Be proud, you vicious social justice warriors! Continue reading

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Morning Ethics Warm-Up: 8/9/2017

Good Morning!

1. On the matter of whether James Demore’s Google memo was unethical in its distribution, which some commenters here dispute, apparently he took the precaution of hiring an employment lawyer before he sent the memo. This strongly suggests that he was not merely opening up an internal discussion, but intentionally provoking a confrontation. If he just wanted to alert management to a problem, the ethical approach was to speak directly to management, not put out an e-mail that he had to know someone would leak to the internet.

Meanwhile, Google’s firing Demore for politely raising legitimate culture issues belies its “Don’t Be Evil” motto. It also may be illegal: Federal labor law bars union AND non-union employers alike from punishing an employee for communicating with fellow employees about improving working conditions. California also has a very strong anti-political discrimination law which “prohibits employers from threatening to fire employees to get them to adopt or refrain from adopting a particular political course of action.”

2. I noted this in yesterday’s post, but it’s worse than I thought: the left-wing news media, which is to say the news-media, has displayed neither discipline, common sense (you can’t keep signalling how biased you are, guys—eventually people will notice) nor ethical journalism by outrageously misrepresenting the message and the tone of the memo. CNN’s Brooke Baldwin, for example, described the memo as saying  “I don’t really like women anywhere near a computer.” That’s false reporting. Do these people understand that anyone can read the memo and see that either they are lying, or haven’t read the memo?

3. The memo’s allegedly “controversial” statement that men and women have some innate physiological, emotional and psychological differences that make their genders (in general, not in specific cases) better or less-well-suited for certain jobs, tasks or fields takes me back to my multiple battles with feminists who insisted that I cast female actors in “Twelve Angry Men.” They simply put their fingers in their ears and hummed when I pointed out that the play was about the group dynamics when twelve disparate male strangers are locked in a room. Do women in such a situation keep threatening each other physically? I think not. Actually, the play is an advertisement for diversity: having women in that largely dysfunctional fictional jury would have probably solved many of its problems, but because women are different from men, not because they are exactly the same, as the Georgetown feminists insisted. Women really need to decide what their stand is: are they different in ways that can be advantageous, or not different at all? They can’t have it both ways. On Instapundit, Glenn Reynolds recalled “The Althouse Rule of Gender Research”, which is, : “Scientists: remember to portray whatever you find to be true of women as superior.”

This goes for commentators, pundits, journalists, educators and, of course, Presidential candidates. ‘We need a woman in the White House (because men screw things up)’ is wise and true, and not sexist at all. Continue reading

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An Epic And Unexpected Example Of How The Right Thing To Do Is To Undo A Bad Decision As Soon As You Realize that It Was A Mistake, And Not Worry About How Anyone Reacts, Who Says “I Told You So!”, Who Says You Shouldn’t Have Made The Mistake In The First Place, Or How Much You Are Tempted To Try To Make The Original Bad Decision Work Out Despite Knowing Deep In Your Heart That It Never Will…

I am referring, of course, to President Donald Trump firing Anthony Scaramucci as his Communications Director today.

For the first time, President Trump has given future Presidents a positive role model to emulate. Almost no Presidents, indeed, almost no executives anywhere,  have the guts and competence to do this. Of course, I don’t know if any President has made as unbelievably bad an appointment before. Lincoln appointing George McClellan as his top general for the second time comes close.

Donald Trump seldom admits mistakes. There is no other way to interpret this stunning act (I first saw it in a comment on Ethics Alarms, and I thought it was satire), no matter what the President says, other than “I screwed up big time, and I had to fix it.” Neither Obama, nor Clinton, nor either Bush, nor Reagan were ever willing to do this hardest and most humbling of management acts.

Apparently General Kelly told the President that “Mooch” had to go, and he went. This is excellent news on multiple fronts. I assumed that Kelly would eventually demand loose-cannon Scaramucci’s head—it was so, so obvious that he was a walking, talking pathogen in an already sick White House culture. I did not think Kelly would act so quickly. This speaks very well for him: Davy Crockett would have approved too. Davy’s ethics formula was “Be sure you are right, and then go ahead.” Kelly was sure, and saw no reason to wait. There was none. Every second Scaramucci remained wild and free was a second closer to the next crisis.

It is also a wonderful sign that the President took his new Chief of Staff’s advice. Wow. I now have hope that he may be persuaded to give up stream-of-consciousness tweeting.

We can use this event as yet another test to assess just how biased various pundits are.  How many will have the integrity to say, as I do, that firing a Scaramucci as soon as possible is a competent and courageous example of good management, even if it was made imperative by the President’s own  head-explodingly terrible, incompetent and irresponsible decision?  My guess is very few. What they want to do is bash Donald Trump, and this certainly gives them ammunition.

I would ask them this, however: how often have you hesitated to admit a mistake and fix it, waiting and hoping that somehow it would work out, only having to fix the problem later after the predictable catastrophe occurred? And you weren’t doing this in front of the whole nation, with a pack of hateful journalists just waiting to heap ridicule and abuse on you for doing the right thing?

President Trump deserves praise for this. And if his example is followed by managers everywhere, it will be a better world in too many ways to count.

[I thought this was over-kill, however…]

 

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Ethics Observations On The Scaramucci Attack Interview Aftermath

1. We are told that President Trump was thrilled with Anthony Scaramucci’s vile, obscene, threatening, vainglorious interview attacking his own colleagues and making Samuel L. Jackson’s movie rhetoric sound relatively refined. Incredible. An individual who represents the White House expresses himself in a published interview like a preening teenage gang member, breaches all existing standards of management and professionalism, throws red meat to the stalking news media writing the narrative that the President’s office is a den of narcissists, assassins, jerks and nut-jobs, and the President is applauding.

This is a level of irresponsible leadership not just unprecedented in U.S. history, but seldom equaled in the history of national leadership world wide. Incompetent and irresponsible don’t begin to describe it.

2. We are also told that the President was disgusted with Reince Priebus’s failure to “return fire” at the White House’s thuggish communications director. Wait, what? What kind of leader wants his staff to have public pissing matches? That’s a rhetorical question; the answer is obvious: a bad leader.

Yes, Priebus is a weenie: Ethics Alarms marked him so in 2015. Trump knows he is a weenie: if Priebus hadn’t been a weenie, he would have stopped Trump from getting the Republican nomination. He sold out instead.

Priebus is  a professional however, who knows, as Scaramucci and Trump do not, that a warring staff at the highest levels of government makes the public nervous and that government look like a Three Stooges short. As I wrote in the post about the Mooch’s outburst, Priebus and Steve Bannon should have presented their letters of resignation unless Scaramucci was disciplined. If Priebus was a weenie, so was Bannon. “Returning fire,” however, would have been disruptive and destructive. The President is angry with Priebus for  for being prudent, exercising restraint, being responsible, and being professional—in short, for conducting himself ethically. Continue reading

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A White House Of Assholes?* This Post Has Everything: An Ethics Dunce, An Unethical Quote Of The Month, An Incompetent Elected Official And, Of Course, KABOOM!

I wouldn’t have thought that a Trump Administration employee’s unethical conduct could make my head explode. I thought I was safe. After all, my hopes may be too high, but my expectations are so low. But there are my brains, dripping off the ceiling.

President Trump has a ludicrous burning crisis of chaotic management, undisciplined leadership, incompetent subordinates and mass competition for the National Foot-Shooting Championship. I suggested that months ago that this could only be addressed by the President appointing an experienced political professional with proven management skills and leadership ability to whip the White House into shape. President Trump had a better solution to the burning crisis: throw the human gasoline named Anthony Scaramucci  on it!

Brilliant!

What an idiot.

Yes, the Incompetent Elected Official of this post is President Donald J. Trump.

But the rest is all Scaramucci, the new White House Communications Director with no experience or acumen in the field of communications and public relations. This was immediately evident from his first substantial communication with the news media,  a vulgar, unprofessioal, undignified, embrrassing and vicious phone interview with the New Yorker’s Ryan Lizza unlike any interview by any White House figure ever.

Highlights, or rather points of signature significance, each showing that a) the man is an arrogant asshole and 2) President Trump possesses no judgment in his choices of staff whatsoever. Negative judgment.

1. He said, “I’m not [Trump advisor] Steve Bannon, I’m not trying to suck my own cock … I’m not trying to build my own brand off the fucking strength of the President. I’m here to serve the country.”

2. After Lizza asked Scaramucci about a private dinner that he had with President Trump,  Scaramucci boasted: “I fired one guy the other day. I have three to four people I’ll fire tomorrow. I’ll get to the person who leaked that to you. Reince Priebus—if you want to leak something—he’ll be asked to resign very shortly.” Continue reading

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