Borman's, Inc. v. National Labor Relations Board
BORMAN’S, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
Opinion
ORDER This matter is before the court on cross-petitions for review and enforcement, respectively, of a decision and order of the National Labor Relations Board reported at 254 NLRB No. 130 . The order under review required petitioner to post notices acknowledging that it would not restrain or coerce its employees by forbidding them to advertise a grievance by “wearing a shirt with the slogan ‘I’m tired of bustin’ my ass’ ”. The order further requires respondent to promise it would not threaten employees with discipline if such activity was continued, and further directed them to expunge from the personnel records of two employees a memo which had been placed therein with respect to such conduct. Upon a review of the record as a whole, the court is of the opinion that the employer conduct complained of was isolated and that no substantial evidence supports the Board’s finding that the wearing of the T-shirt constituted the exercise of any right protected under the National Labor Relations Act. The employer was therefore not in violation of the Act in restricting the display of the above-described slogan by employees on its premises during working hours.
Accordingly, IT IS ORDERED that enforcement of the described order is DENIED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(upholding ban where slogan contained profanity)
Cited by 5 cases
View all citing references →Relies on it most ⓘ
- National Labor Relations Board v. The Mead Corporation D/B/A Escanaba Paper Company
- Puerto Rico Telephone Co. v. Unión Independiente de Empleados Telefónicos
- National Labor Relations Board, and Leigh Benin, Faustino Vargas, and Laszlo Berkovits v. New York University Medical Center
- Midstate Telephone Corporation v. National Labor Relations Board
- Ymca of the Pikes Peak Region, Inc. v. National Labor Relations Board
Most recent
- National Labor Relations Board v. The Mead Corporation D/B/A Escanaba Paper Company
- Puerto Rico Telephone Co. v. Unión Independiente de Empleados Telefónicos
- Ymca of the Pikes Peak Region, Inc. v. National Labor Relations Board
- Midstate Telephone Corporation v. National Labor Relations Board
- National Labor Relations Board, and Leigh Benin, Faustino Vargas, and Laszlo Berkovits v. New York University Medical Center
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.