PERB Protects Public Employees’ Right to Display Union Magnets on Work Vehicles

Public employees in California have a right to display union insignia and slogans. In Teamsters Local 2010 v. Regents of the University of California, the Public Employment Relations Board (“PERB”) held this right encompasses the display of Union magnets and stickers on employees’ assigned vehicles. PERB also held that a public employer trying to defend its policy restricting employee rights, must present concrete evidence of the special circumstances it claims warrant the restriction. Mere speculation that the special circumstance the employer claims necessitates the restriction could exist is insufficient. 

In Regents, the employer maintained a policy prohibiting employees from placing non-university stickers, decals, or other signs, including dealer-identified license plate holders, on any university-issued vehicles. A Union member placed a Union magnet on his assigned vehicle, which his supervisor directed him to remove. 

PERB found that the employer’s enforcement of the policy constituted an interference with protected rights.   Under long-established precedent, the broad right to self-organize and bargain collectively includes the right to display Union insignia and slogans.  PERB found that there was no meaningful distinction between removable bumper magnets and buttons bearing Union slogans or insignia.  Consequently, the employer’s general policy prohibiting all external stickers and signs tended to result in at least some harm to protected rights. 

Once a case of interference has been established, the employer must show that the interference was justified by special circumstances or operational necessity.  Special circumstances may apply if the conduct at issue is likely, among other things, to pose a safety risk, distract from work demanding great concentration, or damage employer property.

PERB found that the employer failed to establish a showing of special circumstances or operational necessity for its policy. The employer argued that its policy was justified by the risk that the Union slogan would be misattributed to the university.  PERB rejected this argument, as the employer failed to present any evidence that such confusion had occurred or was likely to occur.  PERB reiterated that an employer’s defense cannot be based on mere speculation alone, but must rather be supported by concrete evidence.

While Regents was decided under the Higher Educational Employer-Employee Relations Act (“HEERA”), which governs college and university employees, it applies broadly to all statutes administered by PERB.  This decision reaffirms the high burden that employers must meet to justify interference with employees’ protected rights.  This decision further clarifies that the employees’ broad right to display union slogan or insignia extends to the display of removable signs on employer-issued vehicles.

For more information, contact your labor law counsel.