COOPER TIRE & RUBBER CO. v. N.L.R.B.

No. 16-2721, No. 16-2944.

866 F.3d 885 (2017)

COOPER TIRE & RUBBER COMPANY, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC, Intervenor. Chamber of Commerce of the United States; Equal Employment Advisory Council; National Association of Manufacturers; National Federation of Independent Business Small Business Legal Center, Amici on Behalf of Petitioner. Cooper Tire & Rubber Company, Respondent v. National Labor Relations Board, Petitioner United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC, Intervenor. Chamber of Commerce of the United States; Equal Employment Advisory Council; National Association of Manufacturers; National Federation of Independent Business Small Business Legal Center, Amici on Behalf of Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2017.


Attorney(s) appearing for the Case

Morris Lloyd Hawk , Nancy A. Noall , WESTON & HURD, Cleveland, OH, for Cooper Tire & Rubber Company, Petitioner in 16-2721.

Allen Binstock , Kelly Freeman , NATIONAL LABOR RELATIONS BOARD, Cleveland, OH, Julie Brock Broido , Supervisory Attorney, Valerie L. Collins , Linda Dreeben , Deputy Associate General Counsel, NATIONAL LABOR RELATIONS BOARD, Washington, DC, for National Labor Relations Board, Respondent in 16-2721.

Daniel M. Kovalik , Nathan Kilbert , Assistant General Counsel, UNITED STEELWORKERS OF AMERICA, Pittsburgh, PA, for United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC, Intervenor in 16-2721.

Warren Postman , Kathryn L. Comerford Todd , U.S. CHAMBER OF COMMERCE, Washington, DC, for Chamber of Commerce of the United States, Amicus on Behalf of Petitioner in 16-2721.

Rae T. Vann , NORRIS & TYSSE, Washington, DC, for Equal Employment Advisory Council, Amicus on Behalf of Petitioner in 16-2721.

Maurice Baskin , LITTLER & MENDELSON, Washington, DC, Brendan Joseph Fitzgerald , LITTLER & MENDELSON, Columbus, OH, Patrick N. Forrest , Leland P. Frost , Linda E. Kelly , NATIONAL ASSOCIATION OF MANUFACTURERS, Washington, DC, for National Association of Manufacturers, Amicus on Behalf of Petitioner in 16-2721.

Karen R. Harned , Elizabeth Milito , NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER, Washington, DC, for National Federation of Independent Business Small Business Legal Center, Amicus on Behalf of Petitioner in 16-2721.

Morris Lloyd Hawk , Nancy A. Noall , WESTON & HURD, Cleveland, OH, for Cooper Tire & Rubber Company, Respondent in 16-2944.

Allen Binstock , Kelly Freeman , NATIONAL LABOR RELATIONS BOARD, Cleveland, OH, Julie Brock Broido , Supervisory Attorney, Valerie L. Collins , Linda Dreeben , Deputy Associate General Counsel, NATIONAL LABOR RELATIONS BOARD, Washington, DC, Ronald K. Hooks , NATIONAL LABOR RELATIONS BOARD, Memphis, TN, for National Labor Relations Board, Petitioner in 16-2944.

Daniel M. Kovalik , Nathan Kilbert , Assistant General Counsel, UNITED STEELWORKERS OF AMERICA, Pittsburgh, PA, for United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC, Intervenor in 16-2944.

Warren Postman , Kathryn L. Comerford Todd , U.S. CHAMBER OF COMMERCE, Washington, DC, for Chamber of Commerce of the United States, Amicus on Behalf of Respondent in 16-2944.

Rae T. Vann , NORRIS & TYSSE, Washington, DC, for Equal Employment Advisory Council, Amicus on Behalf of Respondent in 16-2944.

Maurice Baskin , LITTLER & MENDELSON, Washington, DC, Brendan Joseph Fitzgerald , LITTLER & MENDELSON, Columbus, OH, Patrick N. Forrest , Leland P. Frost , Linda E. Kelly , NATIONAL ASSOCIATION OF MANUFACTURERS, Washington, DC, for National Association of Manufacturers, Amicus on Behalf of Respondent in 16-2944.

Karen R. Harned , Elizabeth Milito , NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER, Washington, DC, for National Federation of Independent Business Small Business Legal Center, Amicus on Behalf of Respondent in 16-2944.

Before BENTON, BEAM, and MURPHY, Circuit Judges.


Cooper Tire & Rubber Company fired Anthony Runion for his conduct on the picket line. The union filed a grievance alleging Cooper violated the collective bargaining agreement by discharging Runion. The arbitrator upheld the discharge. The Administrative Law Judge reversed, holding...

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