National Labor Relations Board Rules Altering A Work Uniform With A "BLM" Insignia Can Be Protected, Concerted Activity

Two weeks ago, the National Labor Relations Board (NLRB) told Home Depot that it violated the National Labor Relations Act (NLRA) when the company prohibited an employee from writing "BLM" on a work apron. This is an evergreen reminder that non-unionized workers have rights to engage in protected, concerted activity, which includes altering work uniforms with civil rights' slogans.

The facts. It started when Antonio Morales and coworkers thought Home Depot treated them unfairly on account of their race, so they complained to management. Morales wrote emails about perceived discrimination and called for a broader discussion about discrimination at work. Morales and others then wrote "BLM" on their work uniforms. Home Depot prohibited it and required employees to wear a BLM-less apron as a condition of employment. Morales refused to comply, resigned, and filed an unfair labor practice charge.