Decision 2616H – Regents of the University of California (California Nurses Association)
LA-CE-1256-H
Decision Date: December 21, 2018
Decision Type: PERB Decision
Description: An ALJ found that a hospital employer unlawfully prohibited employees from wearing a union-distributed sticker in non-patient care areas, but lawfully prohibited the wearing of the sticker in patient care areas. The union representing the employees filed exceptions.
Disposition: The Board found that the employer’s prohibition was unlawful in its entirety, not just as applied to non-patient care areas.
Perc Vol: 43
Perc Index: 110
Decision Headnotes
401.01000 – In General; Prima Facie Case.
Overbroad restrictions on protected activity are deemed unlawful in toto, not merely in part.
401.07000 – 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.
401.07000 – 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.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Allegations that are dismissed by the ALJ and about which neither party files exceptions are not before the Board.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will dismiss exceptions unless the Board’s ruling on the exceptions would change the outcome of the ALJ’s decision.