EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Display of Union Insignia
Single Topic for Decision 2880H
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401.07000 – Display of Union Insignia
PERB considers several factors in determining whether special circumstances exist that would justify a restriction on the right to display union insignia: whether the insignia could jeopardize employee safety, disrupt employee discipline (e.g., exacerbate employee dissention or cause distraction from work demanding great concentration), or negatively affect the employer (e.g., damage machinery, products, or a certain image necessarily projected for the public). Also important is the specific context in which the prohibition was enacted or enforced, the locations involved, and the parties’ past practice. (p. 10.) A history of union insignia display in the workplace without resulting incidents is relevant to determine whether special circumstances exist (p. 10).