Does The NLRA Protect Racist Insults By Picketing Workers?
February 28, 2017, 11:27 AM EST
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...