EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Display of Union Insignia

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The right to wear union insignia in the workplace is not unlimited and may be subject to reasonable regulation. However, any restriction on the right to display union insignia and messages in the workplace is presumptively invalid; it is permitted only if special circumstances exist justifying the prohibition. (pp. 8-9.) The employer has the burden of establishing that its policy or rule abrogating employees’ right to display union insignia is justified by special circumstances. This analysis is done through a case-by-case approach that considers the particulars of the employer’s operations; the employer must make a concrete, fact-based evidentiary showing that special circumstances exist. (pp. 7-8.)