Filing Update: Petition for En Banc Rehearing Denied in NLRB Picket Line Case

On November 16, 2017 an order was filed denying rehearing en banc in Cooper Tire & Rubber Company v. National Labor Relations Board in the 8th Circuit. ACC and the National Association of Manufacturers filed amicus in September in support of Cooper Tire’s petition and argued the NLRB and the 8th Circuit should not put in-house counsel and their employers in the 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.

Read the brief here.