An NLRB administrative law judge has ruled that Atlanta-based UPS broke the law by banning union insignia from employee safety vests, in a case stemming from the firing of an Atlanta delivery driver who kept wearing her Teamsters gear on the job. UPS says it plans to appeal.
The case centers on Evette Avery Herrod, a UPS driver and Teamsters Local 728 steward who was discharged on January 2, 2024, in a dispute over her union safety vest, according to EgbertoWillies.com. She did not stay off the job long. The grievance process reduced the discipline to a warning, restored her lost pay, and returned her to work just two days later, on January 4.
Herrod's individual discipline dispute was resolved through the grievance process; the October 5 ruling addressed UPS's underlying policy. NLRB Administrative Law Judge Kimberly Sorg-Graves found that UPS unlawfully maintained and enforced overly broad rules restricting union insignia and collective workplace messages on approved safety vests, per the same account from EgbertoWillies.com.
Judge Rejects UPS's Safety Rationale
UPS had argued that limiting union logos and buttons on its yellow-and-green vests was a matter of workplace safety, not union-busting. According to Bloomberg Law, Sorg-Graves rejected that argument, finding that UPS failed to show a “legitimate business justification” for the restriction.
The judge went further, concluding that UPS failed to prove that obscuring a portion of the vest with insignia “unacceptably diminishes the safety function,” Bloomberg Law reports. In short, the company's enforcement of the dress code broke federal labor law by enforcing an overly broad work rule, the outlet notes.
What UPS Has to Fix
The recommended order does not stop at a finding of wrongdoing. It calls for UPS to rescind the unlawful policies, correct employee materials, and post a notice for 60 consecutive days at the Atlanta facility, according to EgbertoWillies.com's reporting on the decision. Atlanta is UPS's home turf; the shipping giant is headquartered in the city.
UPS officials maintain that company rules protect workers and help preserve a professional image. As reported by 95.5 WSB, UPS plans to appeal the ruling.
Broader Legal Backdrop
The ruling fits into a long-standing NLRB position on union apparel in the workplace. The board has previously stated that policies limiting employees' wearing of union insignia, including union apparel, are unlawful absent special circumstances, according to the National Labor Relations Board. NLRB decision summaries have likewise described Section 7 of federal labor law as protecting an employee's right to wear clothing bearing pro-union messages, citing the precedent set in Republic Aviation Corp. v. NLRB.
For now, the case stands as a recommended decision from an administrative law judge rather than a final board order. Herrod's reinstatement in January 2024 came through the grievance process well before this month's ruling, and UPS's planned appeal means the fight over its dress-code policy is not over.
