NLRB Reversed For Ignoring "Common Sense"

In Southern New England Telephone Company v. NLRB, the D.C. Circuit reversed an NLRB decision finding it unlawful to prohibit public-facing employees (including in-home service technicians) from wearing a particular t-shirt to work.  The t-shirt, promoted by the union representing the employees in question, said "Inmate" on the front and "Prisoner of AT$T" on the back.  We quote from the beginning of Judge Kavanaugh's opinion:

Common sense sometimes matters in resolving legal disputes.  This case is a good example. . . .  No company, at least one that is interested in keeping its customers, presumably wants its employees walking into people's homes wearing shirts that say "Inmate" and "Prisoner."