Amazon.comā€™s Whole Foods Market doesnā€™t want to be forced to let workers wear ā€œBlack Lives Matterā€ masks and is pointing to the recent US Supreme Court ruling permitting a business owner to refuse services to same-sex couples to get federal regulators to back off.

National Labor Relations Board prosecutors have accused the grocer of stifling worker rights by banning staff from wearing BLM masks or pins on the job. The company countered in a filing that its own rights are being violated if itā€™s forced to allow BLM slogans to be worn with Whole Foods uniforms.

Amazon is the most prominent company to use the high courtā€™s June ruling that a Christian web designer was free to refuse to design sites for gay weddings, saying the case ā€œprovides a clear roadmapā€ to throw out the NLRBā€™s complaint.

The dispute is one of several in which labor board officials are considering what counts as legally-protected, work-related communication and activism on the job.

  • Blake [he/him]@feddit.uk
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    1 year ago

    Okay so imagine that youā€™re on Elon Muskā€™s private jet, 36000 feet in the air, and he asks you to strip down into a thong and perform an erotic dance for him. Itā€™s his property, he has the right to tell you what to wear. If you donā€™t like it, youā€™re free to leave; of course. Do you think thatā€™s acceptable?

    • Saik0@lemmy.saik0.com
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      1 year ago

      Yes you would have a right to leave at any time. Failure on Elonā€™s part to allow you off the craft promptly and in safe manner would literally be kidnapping or unlawful detention. Which I believe would be up to 3 years of imprisonmentā€¦ and generally a felony.

      Also, would probably be soliciting and probably a whole slew of other illegal actions here if that situation would occur.

      Did you think you had a gotcha there?

      • Blake [he/him]@feddit.uk
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        1 year ago

        So, if Elon puts you into a position where you have to choose between following his rules or risk to your health and safety, itā€™s kidnapping, unlawful detention, etc. but if Amazon puts you into a position where you have to choose between following their rules or risk your health and safety, thatā€™s completely acceptable?

        Do you not realise that you completely walked back on your ā€œmy property, my rulesā€ claim?

        • Saik0@lemmy.saik0.com
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          1 year ago

          but if Amazon puts you into a position where you have to choose between following their rules or risk your health and safety,

          Care to elaborate on how not wearing a pin/mask with specific decoration is risking health and safety?

          • Blake [he/him]@feddit.uk
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            1 year ago

            You got that a bit turned around, there.

            Choose between following their rules (not wearing a pin/mask) or risk your health and safety (lose your income, health insurance, ability to provide food/shelter for your family)

            • Saik0@lemmy.saik0.com
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              1 year ago

              Not at allā€¦ Theft is against the contract/policy of a company as well. If we catch employees stealing shit can the company not fire the employee? How about constantly taking 5 minutes extra on their smoke breaks? Following customers around unwantedly?

              The policies/contract is written. Should we just ignore it all for everything just because the person would lose benefits/income? The company should just be forced to pay an employee indefinitely regardless of any/all rules? The worker agreed to the contract when they got hired.

              Once againā€¦ if you donā€™t like the rulesā€¦ you donā€™t have to work there.

              not wearing a pin/mask

              Noā€¦ not wearing a pin or mask with logosā€¦ They can wear a maskā€¦ And probably are encouraged to wear a mask. Donā€™t go off making this a health thing for making them take off a specific mask with logos. I can promise that a manager in the situation grabbed a box of masks and offered a replacement to just move on with life.

              Although to be fair, I donā€™t shop thereā€¦ I have no idea what Whole Foods requirements are with masks. But I am willing to bet that they had other masks available for workers to use. As I can walk in basically any store and ask for one and be given one as a customerā€¦ let alone as a worker.

              health insurance

              Affordable Care Act.

              lose your income [ā€¦] ability to provide food/shelter for your family

              If you get fired for this (as was the case in the story) youā€™d be eligible for a number of things like unemployment, food stamps, etcā€¦

              • Blake [he/him]@feddit.uk
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                1 year ago

                If you stole from Elon Muskā€™s private jet, shouldnā€™t he be allowed to throw you off the plane? Like it was kind of implied that youā€™d have to follow Elonā€™s rules when you got on the plane, and it was in that 10,000 page EULA you clicked ā€œI agreeā€ onā€¦ should Elon really be forced to carry people on his jet whom donā€™t follow the rules? If you donā€™t like them, you can get off the plane.

                Donā€™t worry, if youā€™re falling through the sky, youā€™ll be eligible for a parachute, just send away form 117b and wait 6-9 months for your request to be denied, then you can hire a lawyer and file an appeal! Usually that should be sufficient to get you the parachute you need.

                Oh, whatā€™s that, you already hit the ground and died? Ah well, should have just danced for Elon I guess.

        • Saik0@lemmy.saik0.com
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          1 year ago

          Care to elaborate? Or are we just going to drive-by name call and add nothing to the conversation?

          I donā€™t think I amā€¦ That situation doesnā€™t even apply to this story. This would imply that workers donā€™t have access to the dress code prior to starting the job, which Iā€™ve already shown isnā€™t the case (somewhereā€¦ might not have been in this particular thread). This stupid situation would make more sense if Elon told you that in order to fly with him you needed to dress like a stripper prior to getting on the planeā€¦ then you get on the plane and get mad when he ejects you for not being in proper uniform.

          You call it pedanticā€¦ but EVEN in this stupidly constructed caseā€¦ itā€™s a dumb premise and itā€™s clear that the right persists regardless.