Sue Hartigan <[EMAIL PROTECTED]> writes:


Speech Law Rejected in Conn. Case

>           HARTFORD, Conn. (AP) -- Connecticut's second-highest
>           court ruled private employees do not have the right to
>           speak out on the job about company policies.
> 
>           The Appellate Court ruled Wednesday that the state's
>           free-speech law does not protect a defense worker who
>           said he was fired for refusing to display an American
>           flag at his workstation.
> 
>           The court said private employees have the right to
>           speak out at work on issues of public or social
>           concern, but that a company policy on flag-waving was
>           not such a concern.
> 
>           ``The issue of whether the employer should have
>           `expected' the plaintiff to display a flag may be the
>           subject of a grievance involving a condition of
>           employment, but it is not a matter of public
>           interest,'' Judge Antoinette Dupont wrote.
> 
>           The case involved Gonzalo Cotto, who sued
>           Stratford-based Sikorsky Aircraft, complaining that he
>           was fired in 1992 for refusing to put up the flag
>           during a Gulf War celebration.
> 
>           He also claimed he was singled out for speaking out
>           against the company for allegedly pressuring employees
>           to display the flag.
> 
>           But Sikorsky officials said the company had no policy
>           requiring employees to display the flag, and that Cotto
>           was fired for creating a disturbance after employees
>           were asked to display flags at their workstations.
> 
>           ``He threw the American flag on the floor, and he was
>           sent home,'' company spokesman William Tuttle said.
>           ``On return to work, he wore the flag hanging out of
>           his back pocket and used it as a handkerchief.''
> 
>           Cotto's attorneys argued that his firing violated a
>           state law passed in 1983 that expanded free speech
>           rights to private workplaces.
> 
>           A lower court dismissed the lawsuit, ruling that the
>           state and federal constitutions do not extend free
>           speech rights to activities ``on private property,
>           against the wishes of the owner.''
> 
>           The three-judge appeals panel ruled unanimously
>           Wednesday to uphold the dismissal.
> 
>           Cotto's attorney said she planned to appeal.
> 
>           ``My position is that you can be a good machinist
>           without being willing to wave a flag at a workstation
>           or support the particular war going on at the time,''
>           Karen Lee Torre said.
> 
>           Sikorsky, a division of United Technologies Corp. of
>           Hartford, makes military helicopters.


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