NLRB rules against Cooper in race case

WASHINGTON (June 18, 2015) — Cooper Tire & Rubber Co. must rehire a worker it wrongfully dismissed in 2012 for making racist remarks during picketing and award him back pay, an administrative law judge for the National Labor Relations Board (NLRB) has ruled.

The statements of Anthony Runion on Jan. 7, 2012, “while racist and offensive, were not sufficient to remove the protection of the (National Labor Relations) Act from his protected picketing activity,” NLRB Administrative Law Judge Thomas M. Randazzo ruled June 5.

Mr. Runion, a member of the United Steelworkers (USW) union, was picketing Cooper's Findlay, Ohio, plant with other Cooper workers during a lockout in late 2011/early 2012. When replacement workers came out of the plant during a shift change, Mr. Runion and some of the other picketing workers shouted insults at the replacements.

Some of the replacement workers were African-American, according to case documents. During the shift change, Mr. Runion was heard shouting, “Hey, did you bring enough KFC for everyone?” and, “Hey, anybody smell that? I smell fried chicken and watermelon!”

Cooper fired Mr. Runion on March 1, 2012, for making those remarks. The USW filed a complaint on Mr. Runion's behalf with the NLRB on Aug. 13, 2012. On May 14, 2014, an arbitrator ruled that Cooper fired Mr. Runion for just cause.

However, in his June 5 decision, Judge Randazzo reversed the arbitrator's decision.

“Although the record reveals that there were several racist statements made on the picket line by unidentified individuals after Runion made his ‘KFC' and ‘fried chicken and watermelon' statements, and after he left the picket line, the record does not establish that those individuals were provoked or inspired to make those statements by anyone,” Judge Randazzo said.

“In addition, there is certainly no evidence to establish that [Mr.] Runion in any way inspired or caused those persons to make those racist statements,” the judge added.

Judge Randazzo said his findings were consistent with well-established NLRB precedent.

“The Board has held that a striker's or picketer's use of even the most vile language and/or gestures, standing alone, does not forfeit the protection of the Act, so long as those actions do not constitute a threat,” he said.

In a statement, Cooper said it strongly disagreed with Judge Randazzo's opinion and would appeal it to the full NLRB.

“Cooper Tire & Rubber Co. is committed to maintaining a workplace free from harassment and discrimination,” the tire maker said. “In keeping with this commitment, which is supported by company policy, we do not tolerate racist remarks made by employees.”

The NLRB said it will accept exceptions to Judge Randazzo's decision until July 6.

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