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Expert Analysis

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....

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