Recently, the NLRB held in a 2-1 decision that a California hospital’s policies barring employees from wearing unapproved pins or badge reels violated the NLRA. Interestingly, the NLRB did not cite its new Boeing test in either the majority or dissenting opinions.
At issue were two hospital policies impacting the wearing of union insignia. The first policy stated that only hospital approved pins, badges, and professional certifications could be worn by employees. The second stated that direct care employees could only use badge reels branded with hospital approved logos or text.
The NLRB has long recognized that employees have a protected right to wear union insignia in the workplace absent special circumstances. However, the NLRB has also long held that there is greater flexibility to this general rule as it applies to healthcare facilities. Continue Reading