The NLRB and various commentators rely upon three basic legal arguments in rejecting this interpretation: first, the EEOC, and not the NLRB, is the sole and proper agency for litigating racial issues; second, employer racial discrimination does not interfere with the protected rights of employees under the Act, and third, it is not, and never was, Congress' intent in passing the Act to bring racial discrimination within its purview. Unquestionably, each of these legal arguments has, or at some time had, surface appeal, and, at one time, considerable force. The great mass of legal commentary supports at least one of these contentions.
Lawrence F. Doppelt,
Employer Racial Discrimination: Reviewing the Role of the NLRB,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol8/iss3/2