All notes for Subtopic 401.07000 – Display of Union Insignia

DecisionDescriptionPERC Vol.PERC IndexDate
2616H Regents of the University of California (California Nurses Association)
401.7000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Display of Union Insignia
Employees have a right to wear union insignia and buttons at their workplace. Restrictions on the right are lawful only if the employer proves they are justified by special circumstances. more or view all topics or full text.
4311012/21/18
2616H Regents of the University of California (California Nurses Association)
401.7000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Display of Union Insignia
To show special circumstances, employer need not prove actual disruption, though evidence of disruption or lack thereof is a relevant factor. General, speculative, isolated, or conclusory evidence of potential disruption does not amount to special circumstances. more or view all topics or full text.
4311012/21/18
2393M County of Sacramento
401.7000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Display of Union Insignia
Absent special circumstances, firefighters have the statutorily protected right under the MMBA to wear public safety uniform apparel (t-shirts and caps) bearing the union logo while on duty; a “no union logo” blanket policy is unlawful because it interferes with firefighters in the exercise of their right to participate in the activities of an employee organization of their own choosing for the purpose of representation on all matters of employer-employee relations. more or view all topics or full text.
395410/16/14
1026S State of California (Department of Parks and Recreation) (International Union of Operating Engineers, Craft-Maintenance Division, Units 12 and 13)
401.7000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Display of Union Insignia
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 employees coming into contact with the public in the absence of a protected purpose; pp. 18-19, proposed dec. Wearing of buttons not protected by first amendment. Wearing of buttons not protected by first amendment. more or view all topics or full text.
182501111/17/93