NLRB Chair Lauren McFerran said the decision reaffirms"any attempt to restrict the wearing of union clothing or insignia is presumptively unlawful and — consistent with Supreme Court precedent — an employer has a heightened burden to justify attempts to limit this important right.
"The previous ruling by the NLRB had said Walmart's justification for restricting union insignia on the selling floor to enhance the customer shopping experience and prevent theft or vandalism was legitimate. The NLRB in 2019 did, however, acknowledge the potential interference with employees' rights under the National Labor Relations Act .The 2019 decision set a precedent for employers across the country to have more control over limiting union apparel.