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26 Ariz. St. L.J. 253 (1994)
NLRB v. Motorola: A Narrow Interpretation of the Mutual Aid or Protection Clause of the National Labor Relations Act

handle is hein.journals/arzjl26 and id is 265 raw text is: NLRB v. Motorola: A Narrow Interpretation of the Mutual Aid or Protection Clause of the National Labor Relations Act Bill Hylen* I. INTRODUCTION The Fifth Circuit Court of Appeals recently ruled that an employer's temporary ban of T-shirts bearing an anti-drug-testing message in the workplace and a ban on employee distribution of an outside political group's literature do not violate the National Labor Relations Act.' In NLRB v. Motorola, Inc., the court of appeals narrowly construed the Act and relevant precedent to uphold Motorola's actions.2 For reasons outlined below, the Motorola decision shows judicial hostility toward employees using alternative methods of bringing about change in the workplace. II. FACTUAL AND PROCEDURAL HISTORY In early 1990, the Motorola Corporation began discussing the possible institution of a mandatory, random drug testing policy.' Upon discovery of this possibility, Paco Nathan (Nathan) and Bruce Loyer (Loyer), employees of the Motorola Oak Hill plant in Austin, Texas, became members of Citizens Advocating the Protection of Privacy (CAPP).4 CAPP is an organization dedicated to opposing drug testing without probable cause.' Nathan and Loyer felt that CAPP would support their * J.D. candidate, 1995, Arizona State University College of Law; B.A. 1989, Loyola College of Maryland. The author wishes to thank Keith Hunsaker for his assistance on this project. 1. NLRB v. Motorola, 991 F.2d 278 (5th Cir. 1993). 2. Id. 3. Id. at 280. 4. Id. 5. Id.

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