The U.S. Chamber and Center for Workplace Compliance urged the Eighth Circuit to grant a petition for rehearing en banc / panel rehearing to reverse the National Labor Relations Board’s (NLRB) position on what constitutes an unfair labor practice. In this case, a company terminated an employee based on its determination that the employee engaged in racist and offensive conduct in violation of the company’s anti-harassment policy; the offensive remarks occurred during picketing activities. The NLRB alleged that discharge of the employee amounted to an unlawful labor practice under the National Labor Relations Act, even though the remarks violated both the company’s nondiscrimination policies and the union’s conduct rules.
The brief explained how the NLRB’s decision is incompatible with the purpose and underlying aims of federal anti-discrimination law, and that employers ought not be forced to choose between compliance with current NLRB policy and federal EEO laws.
Rae T. Vann of NT Lakis, LLP served as co-counsel for the amici.