Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Thursday, January 24, 2013

D.C. Circuit Remands NLRB Rulings on T-Shirt, Provocative Language Policy

From the Daily Labor Report, Dec. 14, 2012:

The District of Columbia Circuit remands an unfair labor practice case to the National Labor Relations Board, finding the board failed to explain its conclusions that Medco Health Solutions of Nevada Inc. interfered with employee rights by asking an employee to remove a union-sanctioned T-shirt and by maintaining a ban on insulting, provocative, and confrontational messages on employee clothing (Medco Health Solutions of Las Vegas Inc. v. NLRB, D.C. Cir., No. 11-1282, 12/14/12).

Writing for the court, Judge Williams says the company made a "straightforward" argument that pharmacy worker Michael Shore wore a shirt that was insulting to Medco and harmful to the company's effort to attract and retain customers, who occasionally toured the facility where Shore worked. NLRB found Medco's claim of harm to customer relations lacked evidentiary support, but Williams says the board failed to adequately explain what evidence was required.

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