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National Labor Relations Board Archives - Shopfloor

Unequal Justice Under Law: NAM Files Brief Challenging NLRB’s Permissive Discrimination

By | Manufacturers’ Center for Legal Action, Shopfloor Legal | No Comments

On September 2, the Manufacturers’ Center for Legal Action filed an amicus brief in the U.S. Court of Appeals for the Eight Circuit challenging a National Labor Relations Board (NLRB) decision forcing Cooper Tire & Rubber Company (Cooper) to reinstate an employee who used racial epithets toward a replacement worker while the employee was on the picket line. The NLRB’s decision overturned an arbitration decision finding that Cooper dismissed its employee for good cause. This decision does not align with existing federal law, forces manufacturers to execute a policy that leaves them open to civil liability and requires businesses to tolerate behavior antithetical to American values.

The NLRB’s decision to reinstate an employee who used racist speech does not follow federal law by violating Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. These laws prohibit discrimination and harassment on grounds such as race and allow for an employer to fire an employee in violation. The work environment should encourage openness and understanding of all employee backgrounds. Forcing a company to condone racist behavior violates other workers’ rights to a hostile-free workplace. Ultimately, this decision by the NLRB significantly diminishes an employer’s ability to cultivate an inclusive work environment, which hurts workers, productivity and profit.

Not only does this decision negatively impact the working environment, but it also forces manufacturers to accept conduct, which leaves them open to liability. Under federal law, when a racial statement is made directly to an employee, an employer can be liable if it knows about the statement and fails to take proper action. If the NLRB’s erroneous decision is upheld, employers in many instances will be forced to allow discrimination to continue, instead of firing employees for racial harassment. This would, therefore, require employers to follow a pro-discriminatory policy, exposing them to possible litigation and allegations of cultivating a hostile workplace environment.

This NLRB decision challenges American progress on issues of race and diversity in both business and culture. Employers should not be required to condone racism in the workplace. We are hopeful that the Eighth Circuit will understand the importance of overturning this discriminatory NLRB decision, which not only negatively impacts the way we conduct business but also the way we conduct ourselves.

South Carolina Governor Highlights Manufacturing

By | America's Business, General, Presidents Blog | No Comments

NAM President and CEO Jay Timmons is blogging from the Republican National Convention in Tampa this week.

The Republican National Convention kicked off in earnest last night.  The atmosphere in the Tampa Bay Times Forum was electric.

For me, the highlight of the evening was the speech of Nikki Haley, the governor of South Carolina.  The Palmetto State is a great place to manufacture, and the industry has had a significant, positive impact on the state’s economy.  As Governor Haley said, “We build things in the Palmetto State. We build planes. We build cars.”

But it’s not always easy. As the Governor pointed out in no uncertain terms, in recent years, the federal government has put up obstacles to growth in the state.

When the Boeing Company expanded into South Carolina, it was a great opportunity.  Boeing’s billion-dollar investment meant 1,000 new jobs, and it meant that the state would be at the forefront of aerospace innovation, building the new 787 Dreamliner aircraft.

The National Labor Relations Board, however, stepped in and said the investment violated our labor laws, an action that threatened to wipe out Boeing’s investment and the new jobs.  Ultimately, Boeing prevailed, and today the South Carolina facility is up and running.

Governor Haley told this story well last night and offered an incisive perspective about the consequences of government overreach and its impact on a state and its citizens

I’m looking forward to hearing more about manufacturing from the speakers tonight.  In the meantime, the NAM continues to ensure manufacturing remains on everyone’s radar in Tampa.

This morning, I had a conversation with Sen. Ron Johnson of Wisconsin, who was a manufacturer before coming to the Senate in 2011.  We talked about the devastating impact the fiscal abyss would have on the economy and about the need for Congress to act quickly to avert this threat.

The fiscal abyss is a common theme in Tampa. The issue has come up repeatedly in my conversations with members of the press and media, and given the dire predictions that inaction by Congress could plunge the nation back into a recession, it’s no surprise why.

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