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Consistency matters: When the employer speaks, the employees may answer

August 2023 employment law letter
Authors: 
Chris Riedel, Porter Wright Morris & Arthur LLP

A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the Board held that the National Labor Relations Act (NLRA) protects an employee’s right to wear buttons and masks in support of Black Lives Matter.

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