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World Color (USA) Corp. v. National Labor Relations Bd.

United States Court of Appeals, District of Columbia Circuit

January 16, 2015

WORLD COLOR (USA) CORP., A WHOLLY OWNED SUBSIDIARY OF QUAD/GRAPHICS, INC., PETITIONER
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT

Argued November 5, 2014.

On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board.

Ronald J. Holland argued the cause for petitioner. With him on the briefs was Ellen M. Bronchetti.

Ronald J. Holland argued the cause for petitioner. With him on the briefs was Ellen M. Bronchetti.

Before: GARLAND, Chief Judge, WILKINS, Circuit Judge, and WILLIAMS, Senior Circuit Judge. OPINION filed by Circuit Judge WILKINS.

OPINION

Page 18

Wilkins, Circuit Judge :

This case comes before the Court on petition for review of an order of the National Labor Relations Board. At issue is a World Color policy prohibiting employees from wearing baseball caps except for

Page 19

caps bearing the company logo. The NLRB determined that this policy violates the rights of World Color employees. Because the Board relied on a faulty premise in making its determination, we grant the petition for review and remand to the Board for reconsideration.

I.

Petitioner World Color is a wholly owned subsidiary of commercial printing corporation Quad/Graphics (" Quad" ). World Color operates a printing facility in Fernley, Nevada. This facility is subject to Quad policies, including the employee policy that is at issue in this case. J.A. 4. The challenged policy is found in the " Corporate Safety Program" section of the Employee Guidelines, and reads as follows:

All hair hanging past the bottom of the collar must be secured to the head while in the production areas. If hair does not hang past the collar but could potentially get caught in our equipment, it must be secured to the head with a hairnet or by other means. Baseball caps are prohibited except for Quad/Graphics baseball caps worn with the bill facing forward. Ponytails are strictly prohibited. Facial hair longer than the base of the neck must be secured. J.A. 117.

The Graphic Communications Conference of the International Brotherhood of Teamsters filed an unfair labor practice charge before the NLRB, asserting that this policy " interfere[s] with, restrain[s] or coerce[s] employees in the exercise of their Section 7 rights." [1] J.A. 91; see 29 U.S.C. ยง 158(a)(1) ( " It shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title." ). The rights in question are " the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through ...


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