A National Labor Relations Board administrative law judge has ruled that a company violated the National Labor Relations Act by firing an employee who made racist remarks on a picket line. Cary Burke of McKenna Long & Aldridge says the decision should “unsettle employers.”
In 2011, Cooper Tire and Rubber Co.’s collective bargaining agreement with its unionized employees expired. The company subsequently locked them out during negotiations and used temporary replacement workers. As one former employee was picketing, he yelled racist statements at the temporary employees—and was fired for doing so. Burke says the union fought his termination, but ultimately an arbitrator upheld the company’s decision, pointing to “just cause.”
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