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In-N-Out Burger, Inc. v. Nat'l Labor Relations Bd.

5th CircuitJuly 6, 2018No. 17-60241Cited 12 times
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Case Details

Judge(s)
King, Elrod, Graves
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

RetaliationFailure to Accommodate

Outcome

The NLRB prevailed in enforcing its order against In-N-Out Burger. The Fifth Circuit denied In-N-Out's petition for review and granted the Board's cross-application for enforcement, upholding that the company's blanket ban on pins and stickers violated the National Labor Relations Act by interfering with employees' protected concerted activity regarding wages and working conditions.

What This Ruling Means

**In-N-Out Burger vs. National Labor Relations Board** This case involved In-N-Out Burger's workplace policy that completely banned employees from wearing any pins, buttons, or stickers while at work. Some workers wanted to wear union-related pins to show support for organizing efforts and to communicate with coworkers about wages and working conditions. The company enforced its blanket ban against these employees, leading to complaints filed with the National Labor Relations Board (NLRB). The court sided with the NLRB and against In-N-Out Burger. The Fifth Circuit Court of Appeals upheld the NLRB's ruling that the company's total ban on pins and stickers violated federal labor law. The court found that this blanket policy interfered with workers' legal right to engage in "protected concerted activity" – which includes discussing workplace issues like pay and working conditions with fellow employees. This ruling matters because it protects workers' rights to communicate about workplace issues through visible symbols like union pins or buttons. Employers cannot impose blanket bans on all pins and stickers if doing so prevents workers from expressing views about wages, working conditions, or union organizing. However, companies may still have reasonable dress code restrictions that don't interfere with these protected rights.

This summary was generated to explain the ruling in plain English and is not legal advice.

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