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“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Board can.

Most employers associate the National Labor Relations Board (the “NLRB” or “Board”), if they think about it at all, with labor unions. That’s understandable, as one of the Board’s primary missions is to facilitate “collective bargaining” by and between employers and unions.

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