Sixth Circuit upholds unfair labor practice findin…

Sixth Circuit upholds unfair labor practice finding based on hospital’s prohibition of union buttons

In Mt. Clemens Gen. Hosp. v. NLRB (6th Cir. 05/15/03), hospital’s prohibition of buttons opposing “forced overtime” was unfair labor practice where hospital permitted other union buttons and prohibition did not distinguish between patient care areas and other areas of hospital. Basic principles applied included:

“It is well established that employees have a protected right to wear union insignia at work in the absence of ’special circumstances.’” Holladay Park Hosp., 262 N.L.R.B. 278, 279 (1982).

“Where employees wear pins or stickers in an effort to encourage their coworkers to support the Union’s position on a matter, it constitute[s] protected, concerted activity.” St. Luke’s Hosp., 314 N.L.R.B. 434, 435 (1994).

“Restrictions on the wearing of union-related buttons are presumptively valid in patient-care areas, while restrictions on the wearing of union-related buttons in non-patient care areas are presumptively invalid in the absence of special circumstances.” Casa San Miguel, Inc., 320 N.L.R.B. 534, 540 (1995).

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