In a 2-1 decision, the National Labor Relations Board found Long Beach (Calif.) Medical Center's policies requiring direct patient care providers to wear hospital-approved pins and hospital-branded badge reels violated the National Labor Relations Act, according to JDSupra.
Long Beach Medical Center, a subsidiary of Fountain Valley, Calif.-based MemorialCare Health System, maintained two policies addressing the wearing of pins and badge reels as part of its dress code policy. The pin policy, which applied to all employees, specified employees could only wear "MHS approved pins, badges and professional certifications." The badge reel policy applied only to direct patient care providers, and specified employees may only wear badge reels "branded with MemorialCare approved logos or text."
According to the NLRB, both of LBMC's policies violated the National Labor Relations Act. Officials said the pin policy violated the law because it was not limited to direct patient care areas and LBMC failed to identify special circumstances warranting the restriction, the report states.
The board also held the hospital's badge reel policy violated the act because although the policy applied only to direct patient care providers, the rule did not specify it only applied in immediate patient care areas. The hospital's failure to have the language of the rule adequately address both of those aspects created an "ambiguity about the scope of the policy," the board said. The NLRB also noted the hospital did not provide evidence demonstrating employees disturbed patients or disrupted care operations by wearing badge reels with union insignia.
The board noted it maintains special rules regarding the wearing of union insignia at work for employees at healthcare facilities. While employees in other fields generally have a right to wear union insignia at work under the National Labor Relations Act, the board created special rules for employees at healthcare facilities due to concerns about the potential disruption to patient care.
"Healthcare employers should ensure that their policies regarding dress code and grooming strictly comply with the Act and that any restrictions only apply to immediate patient care areas," the board said.
To access the NLRB's ruling, click here.