On January 16, the U.S. Court of Appeals for the D.C. Circuit gave a victory, of sorts, to an employer concerning company hats and uniforms. The Court of Appeals found that an employer might be able to lawfully enforce a uniform policy that requires employees to wear company hats, as long as the employer’s policy permits employees to put union patches, pins or other logos on the company hats. With its ruling, the Court of Appeals sent the case back to the NLRB for reconsideration.
The case involved a World Color Corp. printing facility in Nevada. The company maintained a safety policy that required workers’ hair hanging past their collar be secured to their head while in production areas. The employer’s policy also prohibited baseball caps, except company baseball caps worn with the bill facing forward. The company also maintained a general uniform policy, which allowed workers to accessorize their uniforms, provided they did so in good taste.
The Graphic Communications Conference of the International Brotherhood of Teamsters filed an unfair labor practice charge before the NLRB, arguing that the hat policy interfered with workers’ Section 7 rights insofar as it prevented them from wearing Teamsters’ hats at work. The company argued that the policy was justified by special circumstances involving the safety of press operators, employee presentation, and concerns about gang activity.