U.S. Court of Appeals for the Eighth Circuit

Case Status


Docket Number

16-2721 & 16-2944


Case Updates

Petition for rehearing denied

November 16, 2017

The Eighth Circuit denied the petition for reharing en banc and the petition for rehearing by the panel.

U.S. Chamber urges Eighth Circuit to rehear case and correct NLRB position on unfair labor practices and harassment speech

September 29, 2017

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.

Case Documents