In an article published by Law360, Bass, Berry & Sims attorney Tim Garrett provided insight on a case determining whether the National Labor Relations Board (NLRB) correctly ruled that racist insults hurled at replacement workers by a striking employee remains protected conduct. According to the NLRB, the company violated the law in terminating this employee on three counts:

  1. the offensive conduct occurred in the context of picketing
  2. there were no express threats, and
  3. the company should understand that a certain amount of confrontation and impulsive behavior occurs in the context of picketing.

The full article, “Does The NLRA Protect Racist Insults By Picketing Workers?” was published by Law360 on February 28, 2017, and is available online.