AT&T 'Reasonable' in Banning Certain Employees From Wearing Union Shirts, Appeals Court Says

The D.C. Circuit of the U.S. Court of Appeals vacated a National Labor Relations Board ruling that the Southern New England Telephone Company, owned by AT&T at the time, committed an unfair labor practice by prohibiting employees who interacted with customers from wearing a union shirt with the words "inmate" and "prisoner of AT&T." The court said in its decision Friday that "it was reasonable for AT&T to believe that the 'inmate/prisoner' shirts may harm AT&T's relationship with its customers or its public image" and the company "lawfully prohibited its employees from wearing the shirt." The decision was written by Judge Brett Kavanaugh. The ruling follows a Southern New England Telephone Company appeal of a 2-1 NLRB decision that AT&T was wrong to prohibit its workers from wearing the pro-union shirts during contract negotiations between the company and the Communications Workers of America. According to CWA, AT&T infringed on the rights of employees under Section 7 of the National Labor Relations Act, but the telecom company responded by saying it had invoked the act's "special circumstances" provision, which allows companies to ban union messages on publicly visible apparel on the job when the messages might harm customer relations or the company's public image, the court decision said. "Common sense sometimes matters in resolving legal disputes," said the decision. "This case is a good example." In addition to overturning the NLRB's decision concerning the shirts, the ruling also denies the NLRB's cross-application for enforcement of its initial 2-1 vote. "We’re pleased with [the] Court’s common sense approval of our apparel policies," an AT&T spokesman said Friday. "While we respect our employees' right to express their opinions, it is our policy to require appropriate dress for employees in customer-facing positions." The NLRB and CWA didn't comment Friday.