NLRB says political speech in the workplace is OK
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https://www.washingtontimes.com/news/2022/jan/10/whole-foods-protests-federal-rules-allowing-worker/
Whole Foods Markets says the National Labor Relations Board of trampling its constitutional rights by trying to force the company to let employees wear “Black Lives Matter” masks at work.
The independent federal agency accused the high-end supermarket chain of violating its workers’ rights because it does not allow them to wear politically charged masks in its stores.
Whole Foods is countering that the federal government has no right to tell a private company that it can’t keep the workplace free of political messages, according to the company’s response to NLRB, which was obtained by Bloomberg through the Freedom of Information Act.
Whole Foods said Jennifer Abruzzo, who was appointed by President Biden as the board‘s general counsel, is unconstitutionally forcing Whole Foods to take a political stance in violation of its First Amendment rights.
In addition, the upscale grocer said the NLRB is violating its trademark rights by forcing it to allow the display of a “political message in conjunction with its trademarked uniforms and logos,” according to the company’s response.
The case is set to be heard by an NLRB judge in March.
Though the case is over workers’ complaints about not being able to wear BLM masks, company spokesman Brian McGuigan said Whole Foods isn’t singling out the movement. The company’s dress code prohibits employees “from wearing attire or apparel with any visible slogans, messages, logos or advertising that are not company-related,” he said in a statement to The Washington Times.
Presumably, this will be OK as well?
Which is what Turley writes:
In claiming workers have the right "to speak up about these important issues,” the NLRB complaint does not grapple with the obvious problem: Can employees wear "Blue Lives Matter" or pro-life or pro-choice masks? How about “Proud Boy” or “MAGA” masks?
The NLRB complaint also does not state if workers can wear hats or other garments to proclaim political viewpoints. Some companies like McDonalds require actual uniforms. Would those uniforms now be subject to “important” messaging by workers — or do companies like Whole Foods have to require actual uniforms to prevent divisive messaging?
Finally, if workers can wear items espousing political viewpoints, can they demonstrate in other ways? Can they “say their piece” or “take a knee” at Starbucks before handing over a double Frappuccino? The complaint really does not say. It just wants BLM masks to be protected — but does not address the slippery slope that such a rule creates.
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But this isn’t political, this is good vs evilz!
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I think BLM and the BLM teachings are protected from Trump supporters.
Whole Foods must not only allow the BLM masks, they must pay for BLM masks for anyone in the country that wants one.
And this year, instead of Columbus Day we will celebrate BLM mask day in October.
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@jon-nyc said in NLRB says political speech in the workplace is OK:
Jesus Fuck No.
Ironically enough, that's what it says on the mask I wear to the office.
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Judge dismisses Whole Foods workers' lawsuit over 'Black Lives Matter' masks
A federal judge on Monday dismissed a lawsuit by three former Whole Foods employees who said they were illegally fired for opposing the upscale grocery chain's alleged discriminatory discipline of workers who wore "Black Lives Matter" masks.
U.S. District Judge Allison Burroughs in Boston, in a 28-page decision, found little evidence to refute Whole Foods' "legitimate business explanations" for strictly enforcing the dress code, and no significant evidence it targeted the plaintiffs by firing them in the summer of 2020.
"The evidence demonstrates only that Whole Foods did not strenuously enforce the dress code policy until mid-2020, and that when it increased enforcement, it did so uniformly," she added.
Whole Foods, part of Amazon.com Inc, has long maintained that it enforced its dress code uniformly and intended the code--which also covered visible slogans, logos and ads--to foster a welcoming and safe shopping environment.
"This holding is not about the importance of the Black Lives Matter message, the value of plaintiffs' advocacy in wearing the masks, the valor of their speaking out against what they perceived to be discrimination in their workplace, or the quality of Whole Foods' decision-making," Burroughs wrote.
Burroughs said the three former employees, Haley Evans, Savannah Kinzer and Christopher Michno, could not claim protection from retaliation under Title VII of the federal Civil Rights Act of 1964.
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Reminds me of the time I was in a Trader Joe's soon after George Floyd. The black security guard was walking around with urban music blaring from a boom box. Nobody but nobody was going to tell him not to.
@Horace said in NLRB says political speech in the workplace is OK:
Reminds me of the time I was in a Trader Joe's soon after George Floyd. The black security guard was walking around with urban music blaring from a boom box. Nobody but nobody was going to tell him not to.
Gotta capitalize.
