Cooper Tire illegally fired a union member for shouting racist insults at replacement workers during a labor dispute, the U.S. Court of Appeals for the Eighth Circuit held Aug. 8 (Cooper Tire & Rubber Co. v. NLRB, 2017 BL 275809, 8th Cir., No. 16-2721, 8/8/17).

The decision leaves employers in the Eighth Circuit “an untenable choice” between preventing racial discrimination in the workplace and respecting the rights of employees to protest during contentious strikes and lockouts, attorney Rae...