DC Circuit -- Medco Health Sol. of Las Vegas v. NLRB

When an employee wears a union t-shirt critical of an employee incentives program but created by another shop owned by the same company, it is concerted activity.

Non-monetary incentive/recognition program is a term or condition of employment, as it is an attempt to improve productivity.

Less deference due Board on employee/customer relations than on management/employee relations.

Board erred in striking down blanket ban on provocative and insulting clothing - more evidence needed on effect on customers of the business.

Medco Health Sol. of Las Vegas v. NLRB