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Exclusive Bargaining Representatives National Labor Relations Act National Labor Relations Board Overly Broad Confidentiality Provisions Policies Against Union Insignia Practical Considerations for Employers Protected Activities Representation & Elections Process
Other Petitions & Elections Strikes and Picketing Unfair Labor Practices of Employers Unfair Labor Practices of Unions
Unfair Labor Practice Charges Union Organizing Tactics Unions Home HR Knowledge Central Home
Policies Against Union Insignia
Generally, employers may not prohibit employees from wearing union insignia unless the policy is justified by special circumstances.
However, a ban by a health care employer on the wearing of all union insignia is presumptively valid as long as the employer does not selectively ban certain insignia. In Sacred Heart Medical Center, the NLRB upheld the right of an acute-care medical center to prohibit employees from wearing union buttons stating “RNs demand safe staffing” where employees might encounter patients or their families.
Acknowledging that restrictions on wearing union buttons outside of immediate patient care areas are presumptively invalid, the labor board concluded that the employer had demonstrated special circumstances to justify the restriction. Although there was no evidence of actual disturbance or concern by patients, the labor board found that the buttons sent a clear message to patients that their care is in jeopardy. “An employer need not wait for the awful moment when patients or family are disturbed by a button before it may be lawfully restricted.”
However, a ban by a health care employer on the wearing of all union insignia is presumptively valid as long as the employer does not selectively ban certain insignia. In Sacred Heart Medical Center, the NLRB upheld the right of an acute-care medical center to prohibit employees from wearing union buttons stating “RNs demand safe staffing” where employees might encounter patients or their families.
Acknowledging that restrictions on wearing union buttons outside of immediate patient care areas are presumptively invalid, the labor board concluded that the employer had demonstrated special circumstances to justify the restriction. Although there was no evidence of actual disturbance or concern by patients, the labor board found that the buttons sent a clear message to patients that their care is in jeopardy. “An employer need not wait for the awful moment when patients or family are disturbed by a button before it may be lawfully restricted.”