A complaint by US labor board prosecutors against
The US National Labor Relations Board’s general counsel had
The NLRB declined to comment. A representative for Home Depot didn’t immediately respond to an inquiry. The Atlanta-based home-improvement retailer has said that the agency “misrepresents the relevant facts” and that it is “fully committed to diversity and respect for all people.”
Federal labor law protects the right of employees, with or without a union, to engage in collective action about workplace conditions. In the Home Depot case, and another against
In his ruling Friday, administrative law judge
The message “originated, and is primarily used, to address the unjustified killings of Black individuals by law enforcement and vigilantes,” he wrote. “To the extent the message is being used for reasons beyond that, it operates as a political umbrella for societal concerns and relates to the workplace only in the sense that workplaces are part of society.”
Whole Foods has denied wrongdoing in its case, which is being considered at an ongoing trial by a San Francisco-based agency judge.
Agency judges’ rulings can be appealed to the labor board members based in Washington, among whom Democrats now hold a majority, and from there into federal court.
(Updates to include details on the ruling.)
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