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

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Irrespective of enforcement, a rule that bans a category of conduct that could include protected activity as well as unprotected activity is unlawful because of this tendency to chill protected activity. A school district’s ban on the display of “flags,” broadly defined, encompassed union insignia and was therefore presumptively unlawful. The district failed to make a concrete, fact-based evidentiary showing justifying the policy’s restriction on union insignia. (pp. 20-24.)