We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Does The NLRA Protect Racist Insults By Picketing Workers?

Law360, New York (February 28, 2017, 11:27 AM EST) -- A case currently under consideration in the Eighth Circuit deserves watching. The case will determine whether the National Labor Relations Board correctly ruled that racist insults hurled at replacement workers by a striking employee remain protected conduct. The NLRB determined that this conduct, though offensive, did not lose its protection since the employee made no threat.

The case is Cooper Tire & Rubber Company v. NLRB, Case No. 16-2721, and it is currently pending. The facts show an intriguing — and some would argue sad — sacrifice...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.