Legal Opinion
In-N-Out Burger, Inc. v. Nat'l Labor Relations Bd.
Court of Appeals for the Fifth Circuit
Decided July 6, 2018No. 17-60241PublishedCited by 15 opinions
1Opinion of the Court
JAMES E. GRAVES, JR., Circuit Judge:
In April 2015, employees at an In-N-Out Burger in Austin, Texas wore buttons demonstrating solidarity with the "Fight for $15" campaign, a national movement advocating for a $15 per hour minimum wage, the right to form a union without intimidation, and other improvements for low-wage workers. But when managers responded by invoking a company rule that prohibits employees from "wearing any type of pin or stickers" on their uniforms, the employees desisted. The National Labor Relations Board (the "Board" or "NLRB") found the company's rule unlawful under the…
2Cases cited28 opinions
- National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
- Republic Aviation Corp. v. National Labor Relations BoardSupreme Court of the United States · 1945
- Hudgens v. National Labor Relations BoardSupreme Court of the United States · 1976
- National Labor Relations Board v. Seven-Up Bottling Co. of Miami, Inc.Supreme Court of the United States · 1953
- Virginia Electric & Power Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
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3Cited by15 opinions
- Cordua Restaurants v. NLRBCourt of Appeals for the Fifth Circuit · 2021
- Superior Court of Fresno Cnty. v. Pub. Emp't Relations Bd., California Court of Appeal, 5th District2018
- Denton County Electric Coop v. NLRBCourt of Appeals for the Fifth Circuit · 2020
- STP Nuclear Operating Company v. NLRBCourt of Appeals for the Fifth Circuit · 2020
- Tesla v. NLRBCourt of Appeals for the Fifth Circuit · 2024
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