ACC Amicus Brief Contends NLRB Decision at Odds with Federal Law on Racist Picket Line Behavior

In an amicus brief in Cooper Tire & Rubber Company v. National Labor Relations Board, ACC argues the NLRB and the 8th Circuit should not put in-house counsel and their employers in the uncomfortable position of protecting employees who participate in harassing and discriminatory behavior counter to federal statutes.

The NLRB had overturned an arbitrator’s decision to let stand the termination by Cooper Tire of an employee who shouted racially charged language in a picket line as a van of replacement workers entered the plant. The Eighth Circuit agreed, finding the employee’s conduct to be protected under the National Labor Relations Act. Cooper Tire argued the termination was justified under Title VII and has petitioned for rehearing en banc to the 8th Circuit. ACC joined the National Association of Manufacturing in an amicus brief filed September 29th in support of Cooper Tire’s petition.

Read the brief here.