We filed an amicus on May 30, 2017, in a case in which Walmart is appealing 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.
Oral argument did not take place as the parties reached a settlement agreement and on July 26, 2018, the Court dismissed the case. Case is now closed.