The US 5th Circuit Court of Appeals has upheld an NLRB ruling that allowed QSR employees to wear pro-union pins and buttons on company uniforms during working hours. The case stems from an In-N-Out Burger policy that prohibited employees from wearing any pins or buttons on their work uniforms. Two employees of an In-N-Out store in Austin, Texas wore a Fight for $15 pin back in 2015 and, citing its policy prohibiting such displays on worker uniforms, the company required the employees to remove the pins. A challenge to the policy was then brought before the NLRB, which supported the employees ruling that the National Labor Relations Act “protects the right of employees to wear items such as buttons, pins, and stickers” so long as they are tied to terms and conditions of employment. The company appealed that decision and argued that its almost all-white uniforms were part of the company image and that the presence of pins, buttons, or stickers detracted from that image. One factor that the Board and the court both cited in their decisions was that the company did allow pins on employee uniforms on two occasions each year – to promote Christmas and to solicit donations to the company’s charitable foundation. In-N-Out Burger attorneys indicated they will appeal the decision to the US Supreme Court.