US Airways "I'm on board lanyards?"

[ackattacker]

I'm also reasonably sure your union lanyard is protected under federal law.

Hmmm, perhaps. I suspect they would argue that the lanyards "exacerbate employee dissension."

As noted in the Board’s 2007 decision of P.S.K. Supermarkets, Inc., absent “special circumstances,” you cannot prohibit your employees from wearing or displaying union paraphernalia, such as hats, t-shirts, buttons and stickers, at work. “Special circumstances” include situations where the display of union insignia might “jeopardize employee safety, damage machinery or products, exacerbate employee dissention or unreasonably interfere with a public image that [an] employer has established, as part of its business plan, through appearance rules for employees.” Employers that require uniforms, however, may enforce their uniform policy if there is a sound business justification for the requirement. Thus, an employee who interacts with customers may be required to wear the employer’s hat and shirt exclusively if a special circumstance exists as the Board held in a 1995 case, Meijer, Inc. But “customer exposure to union insignia, standing alone, is not a special circumstance which permits an employer to prohibit display of such insignia.” P.S.K. Supermarkets, Inc. Even in circumstances when a uniform appearance (i.e., hat, shirt) is justified, you cannot lawfully prohibit employees from wearing union buttons, stickers or lanyards unless the display is unreasonably large or the message is obscene or otherwise disparaging. An exception to this rule is that if it is employer property and the employer has a uniformly enforced rule against writing or placing stickers on company property, employees do not have the right to deface company property (such as a hard hat, file cabinet, locker, etc.) with union stickers. As is the case for other rules, you cannot enforce these rules in a discriminatory manner. Thus, for example, as the 2009 case of Cintas Corp noted, if you allow your technicians to visit customers wearing some non-company logo cap, you will not be able to prohibit an employee from wearing a union cap.

 

[OPECJet]

That could certainly be used given the sword fight going on at mainline, but PDT / PSA could have some trouble with that rule.

 

[ackattacker]

That could certainly be used given the sword fight going on at mainline, but PDT / PSA could have some trouble with that rule.

I don't think the company would win a NLRB challenge and they know it. The right to wear Union insignia is clearly established through decades of precedent and NLRB decisions. But in the meantime, they have clearly demonstrated their intention to take hostages and new rule is essentially a trap.

 

[BOX OFFICE]

I don't think the company would win a NLRB challenge and they know it. The right to wear Union insignia is clearly established through decades of precedent and NLRB decisions. But in the meantime, they have clearly demonstrated their intention to take hostages and new rule is essentially a trap.

I'm also reasonably sure your union lanyard is protected under federal law.

When you accepted the job, in the forms you signed you agreed to abide by all company policies, including the uniform policy. Further, the company has the right to amend such policies. You named the loophole in the federal law, and therefore company policy trumps any applicable 1st amendment challenge. Furthermore, the supreme court has affirmed on several circumstances that 1st amendment rights don't apply in private forums (company property). You can say/do what you want, but you can still be fired.

 

[B-J-J Fighter]

Don't the Easties routinly damage machinery?

 

[ackattacker]

When you accepted the job, in the forms you signed you agreed to abide by all company policies, including the uniform policy. Further, the company has the right to amend such policies. You named the loophole in the federal law, and therefore company policy trumps any applicable 1st amendment challenge. Furthermore, the supreme court has affirmed on several circumstances that 1st amendment rights don't apply in private forums (company property). You can say/do what you want, but you can still be fired.

You cannot legally establish a company policy which violates labor law. This is basic stuff. Otherwise they would just establish a company policy that Unions were not allowed and that would be that. There are numerous examples where companies including airlines tried to enact "uniform policies" that prohibited union insignia such as buttons and lanyards and those companies were generally rebuffed.

 

[BOX OFFICE]

You cannot legally establish a company policy which violates labor law. This is basic stuff. Otherwise they would just establish a company policy that Unions were not allowed and that would be that. There are numerous examples where companies including airlines tried to enact "uniform policies" that prohibited union insignia such as buttons and lanyards and those companies were generally rebuffed.

As noted in the Board’s 2007 decision of P.S.K. Supermarkets, Inc., absent “special circumstances,” you cannot prohibit your employees from wearing or displaying union paraphernalia, such as hats, t-shirts, buttons and stickers, at work. “Special circumstances” include situations where the display of union insignia might “jeopardize employee safety, damage machinery or products, exacerbate employee dissention or unreasonably interfere with a public image that [an] employer has established, as part of its business plan, through appearance rules for employees.” Employers that require uniforms, however, may enforce their uniform policy if there is a sound business justification for the requirement. Thus, an employee who interacts with customers may be required to wear the employer’s hat and shirt exclusively if a special circumstance exists as the Board held in a 1995 case, Meijer, Inc. But “customer exposure to union insignia, standing alone, is not a special circumstance which permits an employer to prohibit display of such insignia.” P.S.K. Supermarkets, Inc. Even in circumstances when a uniform appearance (i.e., hat, shirt) is justified, you cannot lawfully prohibit employees from wearing union buttons, stickers or lanyards unless the display is unreasonably large or the message is obscene or otherwise disparaging. An exception to this rule is that if it is employer property and the employer has a uniformly enforced rule against writing or placing stickers on company property, employees do not have the right to deface company property (such as a hard hat, file cabinet, locker, etc.) with union stickers. As is the case for other rules, you cannot enforce these rules in a discriminatory manner. Thus, for example, as the 2009 case of Cintas Corp noted, if you allow your technicians to visit customers wearing some non-company logo cap, you will not be able to prohibit an employee from wearing a union cap.

Sorry, but you're not a lawyer, and you're wrong. The bold print above is an example of why what you call "federal law" doesn't apply to this particular case.

The company has every right to ban the lanyards and enforce such ban with discipline.

 

[JoeMerchant]

You cannot legally establish a company policy which violates labor law. This is basic stuff. Otherwise they would just establish a company policy that Unions were not allowed and that would be that. There are numerous examples where companies including airlines tried to enact "uniform policies" that prohibited union insignia such as buttons and lanyards and those companies were generally rebuffed.

So if the union puts out laynards that say "FU USairways", the company has to allow them?

 

[PCL_128]

I don't think the company would win a NLRB challenge and they know it. The right to wear Union insignia is clearly established through decades of precedent and NLRB decisions. But in the meantime, they have clearly demonstrated their intention to take hostages and new rule is essentially a trap.

Airline pilots don't fall under the NLRA, so the NLRB has no jurisdiction to resolve our disputes, and their past rulings do not set precedent for us. We fall under the RLA, which has no restrictions on companies imposing uniform standards. Arbitrators have ruled that companies can impose these standards, provided it is not done in a discriminatory fashion. In other words, they can prohibit all lanyards except a company lanyard, but they can't allow an anti-union lanyard while prohibiting a union lanyard. What USAirways is doing is consistent with arbitral precedent. If you don't like it, you'll have to negotiate for the right to wear your lanyards, which is exactly what they want. Distract you from the big issues with lots of little issues like this.

 

[Rekks Inbound]

Actually, Box Office, I think the section that applies i this case is highlighted below:

Quote:
As noted in the Board’s 2007 decision of P.S.K. Supermarkets, Inc., absent “special circumstances,” you cannot prohibit your employees from wearing or displaying union paraphernalia, such as hats, t-shirts, buttons and stickers, at work. “Special circumstances” include situations where the display of union insignia might “jeopardize employee safety, damage machinery or products, exacerbate employee dissention or unreasonably interfere with a public image that [an] employer has established, as part of its business plan, through appearance rules for employees.” Employers that require uniforms, however, may enforce their uniform policy if there is a sound business justification for the requirement. Thus, an employee who interacts with customers may be required to wear the employer’s hat and shirt exclusively if a special circumstance exists as the Board held in a 1995 case, Meijer, Inc. But “customer exposure to union insignia, standing alone, is not a special circumstance which permits an employer to prohibit display of such insignia.” P.S.K. Supermarkets, Inc. Even in circumstances when a uniform appearance (i.e., hat, shirt) is justified, you cannot lawfully prohibit employees from wearing union buttons, stickers or lanyards unless the display is unreasonably large or the message is obscene or otherwise disparaging. An exception to this rule is that if it is employer property and the employer has a uniformly enforced rule against writing or placing stickers on company property, employees do not have the right to deface company property (such as a hard hat, file cabinet, locker, etc.) with union stickers. As is the case for other rules, you cannot enforce these rules in a discriminatory manner. Thus, for example, as the 2009 case of Cintas Corp noted, if you allow your technicians to visit customers wearing some non-company logo cap, you will not be able to prohibit an employee from wearing a union cap.

Not trying to stir the pot, just sayin'

Peace.

Rekks