A unionized employee filed more than a dozen grievances over a three-year period. His supervisors asked him why he was filing so many grie- vances and called him a "troublemaker." The employee got into an argument with a coworker and was told that if there was another instance, he would be fired. A few months later the employee made a derisive comment about another coworker who was not present. When the co- worker later heard secondhand what had been said about him, he complained to management. The employee was suspended and then terminated for "comments directed toward another employee that were totally inappropriate, intimidating, antagonistic and offensive and could be construed as sexual harassment towards a fellow employee." Vulgar comments were common in this workplace. No written rule prohibited profanity, and no employee had ever been dis- charged on this basis. The employee's case was brought to the NLRB. What should the Board decide? Why? (United Parcel Service v. NLRB, 2005 U.S. App. LEXIS 8982 (6th Cir.))