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 by the NLRB of race relations at the altar of protecting striking workers and what...

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