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Second Circuit Overturns NLRB, Upholds Starbucks' One-Button Rule for Union Insignia

Employers were handed a victory by the Second Circuit last week after the court refused to enforce an NLRB order finding that Starbucks Corp. violated the NLRA by refusing to allow organizing employees to wear more than one union button. The general rule is that employees have the right to wear union insignia at work unless the employer can show special circumstances that would justify restricting that right. In this case, although Starbucks had a policy that encouraged employees to wear multiple buttons promoting its products, the court found that a one-button limit on union buttons was a justifiable limitation necessary to prevent “dilution” of Starbucks message on its corporate buttons. The entire decision is available on the Second Circuit’s website here.


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