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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*
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
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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