Date: September 29, 2004

This past summer, the Public Employment Relations Board (PERB) addressed, for the first time, under what circumstances the right to wear union insignia is activity that is protected by the Taylor Law.

Facts

IIn State of New York (Division of State Police), the president and vice-president of the New York State Troopers Police Benevolent Association (PBA), as well as several other PBA officials, attended the trial of a fellow trooper charged with a misdemeanor arising out of an incident in which she shot a dog. All PBA members who attended the trial were off-duty, dressed in civilian attire, and wore PBA pins on their lapels. Throughout the trial, PBA executive board members consulted with defense counsel. There was even a time when the PBA's vice-president sat at the defense table during the cross-examination of a witness. After receiving complaints from the District Attorney, State Police Chief Counsel notified the PBA that there would be disciplinary action if, in the future, any representatives of the PBA sat at the defense table during a criminal trial while wearing any PBA "insignia connoting membership or affiliation with the New York State Police" because such insignia could mislead a jury.

Decision

In March 2004, a PERB Administrative Law Judge concluded that wearing union membership pins and other such insignia was "an open declaration of one's support, affiliation and solidarity with" a union. Therefore, the ALJ concluded that wearing these items while off duty, in civilian attire, and on union business is a protected right. This past summer, the Board upheld this decision and explained that the State, as employer, has no interest in courtroom procedure "that outweighs the protected right of public employees to participate in their union." As such, the Board found that the State violated the Taylor Law when it unilaterally implemented a ban on such activity, a violation of which carried the threat of discipline.

Effect of Decision

The right to wear union pins and similar insignia is now officially recognized as a reasonable and legitimate form of union activity. Through PERB's decision, New York has finally joined several other states in providing its public employees, including uniformed and law enforcement personnel, the right to wear union insignia while off-duty and out of uniform.