Can employees wear union emblems?
As part of an organizational campaign or during the middle of bargaining negotiations, some employees start wearing union buttons and pins at work. Can you limit, or even totally forbid, employees from wearing union insignia without running afoul of the NLRA? The wearing of union insignia, including buttons and pins, is a protected activity. Employees, however, do not have an unlimited right to wear union buttons, pins, shirts or other apparel. The employees’ right to self-organize must be balanced against an employer’s right to maintain discipline in its establishment. What does this mean? Generally, employees have a presumptive right to wear union insignia unless this interferes with the employer’s ability to maintain plant discipline and efficiency. However, this is not as easy as it sounds and courts have not always agreed on the proper standard for determining when an employer can forbid employees from wearing union insignia. The majority of Circuits that have ruled on this issue
