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Southern New England Telephone Company v. National Labor Relations Board, Nos. 11-1099 and 11-1143 (D.C. Cir. July 10, 2015)

Articles Discussing Case:

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

Ogletree Deakins • July 23, 2015
It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E. Hayes (now an Ogletree Deakins shareholder). But if anyone doubted the value of a well-written dissent, they need only look to the July 10, 2015 decision of the District of Columbia Circuit Court of Appeals in Southern New England Telephone Company v. National Labor Relations Board, in which the court reversed the Board majority and adopted Hayes’ dissenting opinion in the NLRB’s 2011 decision, The Southern New England Telephone Company d/b/a AT&T Connecticut, 356 NLRB No.118 (2011).

Court of Appeals Rebukes NLRB: “Common Sense” Allows Employer to Prohibit Employees from Wearing “Prison Shirts”

Franczek Radelet P.C • July 20, 2015
Eschewing legal niceties in favor of common sense, the U.S. Court of Appeals for the District of Columbia Circuit recently ruled that AT&T did not violate federal labor law when it prohibited its employees from wearing union-created t-shirts that said “Inmate #” on the front and “Prisoner of AT$T” on the back. The court refused to enforce a 2-1 decision of the National Labor Relations Board (NLRB) in which an NLRB majority ruled that AT&T had violated the National Labor Relations Act when it disciplined employees for wearing the t-shirts.

D.C. Circuit Declares AT&T Had Right to Ban "Prisoner" T-Shirts

Littler Mendelson, P.C. • July 15, 2015
The U.S. Court of Appeals for the District of Columbia has ruled that AT&T had a right to forbid employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its relationship with customers or its public image. In Southern New England Telephone Company v. National Labor Relations Board, Nos. 11-1099 and 11-1143 (D.C. Cir. July 10, 2015), the court vacated and refused to enforce a decision by the National Labor Relations Board (“NLRB”) that found the company’s actions unlawful.

D.C. Circuit Declares AT&T Had Right to Ban "Prisoner" T-Shirts

Littler Mendelson, P.C. • July 14, 2015
The U.S. Court of Appeals for the District of Columbia has ruled that AT&T had a right to forbid employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its relationship with customers or its public image. In Southern New England Telephone Company v. National Labor Relations Board, Nos. 11-1099 and 11-1143 (D.C. Cir. July 10, 2015), the court vacated and refused to enforce a decision by the National Labor Relations Board (“NLRB”) that found the company’s actions unlawful.