A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee's right to hurl racist insults at replacement workers, so long as no threat is involved. The case is Cooper Tire & Rubber Company v. NLRB, Case No. 16-2721. The facts show an intriguing – and some would argue sad – sacrifice by the current Labor Board of race relations at the altar of protecting striking workers' and their "impulsive behavior."
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Bass, Berry & Sims' Labor Talk blog features news, commentary and insights on the complicated and constantly changing labor and employment laws affecting employers.