EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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A history of union insignia display in the workplace without resulting incidents is relevant to determine whether special circumstances exist (p. 10). An employer need not wait until an actual incident occurs before banning union insignia for safety reasons; but to establish safety-based special circumstances to support such a ban, the employer must present concrete evidence that employee safety is foreseeably threatened by displaying the union insignia and that it has acted consistently with its stated concern. (pp. 10-11.)