ACC recently submitted an amicus curiae brief with the National Association of Manufacturers (NAM) in Cooper Tire & Rubber Company v. National Labor Relations Board.
WASHINGTON (October 4, 2017) — The Association of Corporate Counsel (ACC), a global legal association representing more than 43,000 in-house counsel in 85 countries, recently submitted an amicus curiae brief with the National Association of Manufacturers (NAM) in Cooper Tire & Rubber Company v. National Labor Relations Board urging United States Court of Appeals for the Eighth Circuit to grant Cooper Tire's appeal for rehearing en banc.
ACC and NAM argue that corporate counsel and their employers should not be restricted in their ability to terminate employees who contribute to racial or other discrimination. Thus, ACC and NAM believe the Court should overturn an Eighth Circuit decision that protected a striking worker's discriminatory behavior under the National Labor Relations Act (NLRA) and reconcile the NLRA with clear federal policies that prohibit racism in the workplace.
"Employers should not be forced to violate other federal statutes through protection of racist speech on the picket lines," said Amar Sarwal, ACC chief legal officer and senior vice president of advocacy and legal services. "In-house counsel face risks when choosing between compliance with National Labor Relations Board policy and federal anti-discrimination laws. Employers should be allowed to take remedial action, including termination, for any racist misconduct."
The National Labor Relations Board (NLRB) upended an arbitrator's decision to allow Cooper Tire to terminate an employee who shouted racially charged language on the picket line as a van of replacement workers arrived at the plant. The Court agreed with the NLRB and found the employee's conduct to be protected under NLRA.
In the brief, ACC and NAM state that the purpose of the NLRA cannot be to guard racist comments and harassment, and the NLRB's position is at "odds with 21st century efforts to eradicate racism in all its forms." They also note that Cooper Tire was entitled to enforce anti-discrimination policies in order to prevent the effects of racism within its workforce.
The ACC brief can be viewed here.
About ACC: The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. With more than 43,000 members in 85 countries employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.
# # #