Walmart filed an appeal in response to a National Labor Relations Board decision that found it violated federal labor law when it disciplined six workers who engaged in a work stoppage inside a California store. Similar cases, including the one that set the review standard back in the 1980s, involved restaurants.
In the Restaurant Horikawa case, the NLRB had ruled that it is not protected activity when a worker “paraded boisterously about” the restaurant with a group of people. While employees have the right to “withhold their labor,” they do not have the right to occupy the workplace and prevent customers from enjoying an atmosphere that is free from disruption and interference. The NLRB in the Restaurant Horikawa case had recognized that, in retail and restaurant settings, creating a pleasant in-store environment is a foundational component of production.
May 30, 2017
The Restaurant Law Center filed an amicus brief in support of Walmart.
July 26, 2018
The case was dismissed by the Court after all parties reached a settlement agreement.