EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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Department did not meet its burden demonstrating an operational necessity for the ban on buttons which would justify the harm caused to employee and union rights by the prohibition of union buttons; p. 21, proposed dec. The protected right to wear union buttons is not unlimited and is subject to reasonable regulation. If special circumstances exist, then the employer may be within its rights to limit or prohibit the wearing of buttons by employees; p. 4, proposed dec. Special circumstances justifying a prohibition of union buttons or insignia exist where buttons could jeopardize employee's safety; damaged machinery or products; exacerbate employee dissension; cause distraction from work demanding great concentration; disrupt the uniformity, discipline or appearance of neutrality among para-military law enforcement employees: or damage the image to the public by the uniformity, discipline or appearance of neutrality among para-military law enforcement employees: or damage the image to the public by the