The Home Depot v. National Labor Relations Board

United States Court of Appeals for the Eighth Circuit

Issue on Appeal: Whether the NLRB violated the NLRA and the First Amendment when it held that a retailer’s enforcement of a uniform policy to exclude a “BLM” marking violated the NLRA.

RLC’s Position: The RLC’s brief explains that retailers are intentional about the messages they communicate to customers, including through employee uniforms. Retailers often decide to exclude political, social, or religious messages in order to create a neutral environment for diverse customers. The brief describes how this decision is protected by both the First Amendment and the National Labor Relations Act itself.

Counsel: Jeremy Broggi, Tom Johnson, and Boyd Garriott of Wiley.


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