AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Uniforms, Clothing and Equipment
See also: Hairstyle
and Appearance Regulations
NIJ issues a voluntary standard for Chemical,
Biological, Radiological and Nuclear (CBRN) Protective Ensemble for Law
Enforcement, Standard 0116.00, NCJ 221916 (2010).
U.S. Army allows a non-citizen service
member to wear a turban (dastaar), a beard and long hair, to accommodate
his Sikh religious preferences. Recruited under the Military Accessions
Vital to the National Interest Program, he is fluent in Punjabi and Hindi.
In re Simran Lamba, G-1 Human Resources Policy Directorate (8/30/2010).
Third Circuit panel splits 2-to-1, upholding
a regulation barring correctional employees from wearing non-uniform headwear.
The complaint was lodged by a Muslim woman who wanted to wear a khimar.
Equal Empl. Opp. Cmsn. v. GEO Group, #09-3093, 2010 U.S. App. Lexis 15973,
109 FEP Cases (BNA) 1633 (3rd Cir.).
Eighth Circuit upholds an employer's safety
policy that prohibits headwear and loose-fitting clothing for workers at
a printing plant. The EEOC represented a Muslim woman who refused to remove
her khimar. The employer had a "legitimate, nondiscriminatory ...
facially neutral, safety-driven dress policy prohibiting all employees
... from wearing loose clothing or headwear of any kind." EEOC v.
Kelly Services, #08-3880, 2010 U.S. App. Lexis 6173 (8th Cir.).
Federal court refuses to dismiss a suit brought
by a terminated female Pentecostal bus driver challenging a rule requiring
all drivers to wear pants had a disparate impact on her religion, which
requires women to wear skirts, where she alleged that she was terminated
for refusal to comply with policy and that there was no business justification
for it. The judge also rejected the claim that disparate impact claims
have no place in religious discrimination actions. Jenkins v. New York
City Transit Auth., #08 Civ. 6814, 2009 U.S. Dist. Lexis 56008 (S.D.N.Y.).
Third
Circuit upholds the Philadelphia Police Dept. ban on scarves and other
religious headgear. Prohibiting all religious symbols and attire, helps
prevent any divisiveness when officers encounter a diverse population.
Webb v. City of Philadelphia, #07-3081, 2009 U.S. App. Lexis 7169, 105
FEP Cases (BNA) 1665 (3rd Cir.).
Pennsylvania Labor Relations Board notes
that while a public employer is required to continue deducting union dues
after a bargaining agreement has expired, it is under no obligation to
do so if the employees have selected a new bargaining representative. Westmoreland
Co. Employees Assn. v. Westmoreland Co., #PERA-C-08-269-W (Pa. PLRB, 2008).
Federal court
upholds Philadelphia police rule that prohibits the wearing of a religious
scarf while in uniform. "Prohibiting religious symbols and attire
helps to prevent any divisiveness on the basis of religion both within
the force itself and when it encounters the diverse population of Philadelphia."
Webb v. City of Philadelphia, #05-5238, 2007 U.S. Dist. Lexis 42727 (E.D.
Pa. 2007).
U.S. Justice Dept. sues N.Y. DoC seeking
accommodation of Muslim Corrections officers to wear a Kufi (skullcap)
while in uniform. U.S. v. N.Y. State Dept. of Corr. Servs., #07-2243 (S.D.N.Y.).
The civil action parallels private litigation
filed by an Islamic corrections officer. Haqq v. N.Y. State Dep't of Corr.
Servs., #06-8156 (S.D.N.Y).
Lying during a disciplinary interview is
a separate offense from the one under investigation, and does not merge
with the underlying offense. Cal. Dept. of Corr. v. Cal. State Pers. Bd.,
#F048806, 147 Cal. App.4th 797, 54 Cal.Rptr.3d 665, 2007 Cal. App. Lexis
192 (5th App. Dist. 2007).
Arbitrator finds that a city violated the
bargaining agreement by declining to pay an officer a supplement for clothing
expense, even though he was on sick leave for more than ten months and
had no need to wear a uniform. City of Rocky River and Ohio PBA, AAA Case
#53-390-00725-05, 122 LA (BNA) 1072 (Cohen 2006). {N/R}
Federal court grants a summary judgment favoring
a uniformed employee who was fired for wearing a headscarf during the month
of Ramadan. EEOC v. Alamo Rent-A-Car, #2:02-cv-01908, 2006 WL 1464472,
2006 U.S. Dist. Lexis 34674, Pacer Doc. 62 (D. Ariz. 2006). [2006 FP Sep]
Federal appeals court affirms verdicts for
two women firefighters of $265,000 for not being issued protective clothing
designed for females, and another $70,000 for retaliation. Wedow v. City
of Kansas City, #04-1443, 2006 U.S. App. Lexis 7297 (8th Cir. 2006). [2006
FP May]
Arbitrator upholds a three-day suspension
for a city license officer who wore a revealing tank top to work on a "dress
down" day. City of Lake Worth and AFSCME L-1199, 121 LA (BNA) 228
(Almenoff, 2005). [2005 FP Nov]
Federal court upholds disciplinary action
against an Army service member who refused to wear a UN patch on international
duty. There is no difference between service under the flag of the United
States and service under the flag of an international organization. U.S.
ex rel. New v. Rumsfeld, #96-0033, 350 F. Supp.2d 80, 2004 U.S. Dist. Lexis
25605 (D.D.C. 2004). {N/R}
Massachusetts rules that, absent an actual
showing of harm, management cannot prohibit uniformed public employees
from wearing a union pin. Town of Oxford and Mass. Coalition of Police,
L-173 AFL-CIO, MUP-2659 (Mass. LRC 2004). A New York ruling holds that
off-duty troopers can wear police union pins when they attend a criminal
trial, while off-duty and in civilian clothes. PBA NY State Troopers and
Div. of State Police, #U-24165, 37 NYPER (LRP) 4533, 2004 NYPER (LRP) Lexis
111 (NY PERB 2004). [2004 FP Nov]
National Labor Relations Board affirms a
decision overturning an employer's ban on union stickers affixed to employee
lockers, where "hundreds of other stickers were permitted on the lockers."
The prohibition "interfered with, restrained and coerced its employees
in the exercise of their right to communicate with each other about the
benefits of union representation," in violation of §8(a)(1).
Mammoth Mountain Ski Area and Int. Union of Oper. Engineers, L-12, #32-CA-20513-1,
2004 NLRB Lexis 457, 342 NLRB No. 80 (2004). {N/R}
Massachusetts holds that management must
bargain with the union before ordering the removal of union buttons from
their uniforms, where officers have worn those buttons for many years with
adverse consequences. The bargaining requirement does not apply to non-union
pins or accoutrements. Sheriff of Worcester Co. v. Labor Relations Cmsn.,
#01-P-1628, 60 Mass. App. Ct. 632, 805 N.E.2d 46, 2004 Mass. App. Lexis
284 (2004). [2004 FP Jul]
Connecticut rules that management can unilaterally
adopt a rule against police officers using personal cellphones while on
duty. Town of Wallingford and AFSCME- L-1570, Case #MPP-21,187, Decision
#3902 (Conn. Bd. Lab. Rel. 2003). [2004 FP Feb]
FLRA upholds a Bureau of Prisons management
decision of not paying a uniform allowance to non-uniformed personnel that
are temporarily assigned to correctional officer posts, because they wear
civilian clothing when so assigned. AFGE L-33 and DoJ Fed. Bur. of Prisons,
#0-AR-3686, 2003 FLRA Lexis 174, 59 FLRA No. 54 (2003). {N/R}
Federal court holds that a county violated
an employee's rights by firing her for repeatedly wearing a cross pendant.
Daniels v. City of Arlington, #00-11191, 246 F.3d 500 (5th Cir.) not followed.
Draper v. Logan County Library, #1:02CV-13 (W.D.Ky. 2003). [2003 FP Nov]
In a companion decision to Endres v. Indiana
State Police, (See Religious Discrimination), a three-judge panel upheld
a disparate treatment complaint filed by an Islamic female public employee
who was told she could not wear a geles (headwrap) at work. Holmes v. Marion
County, #02-1377, 2003 U.S. App. Lexis 13027 (7th Cir. 2003). {N/R}
Reacting to complaints from coworkers about offensive
tattoos, and from superior officers about bizarre body piercings and dental
ornamentation, the U.S. Navy has revised its grooming standards for uniformed
and civilian personnel. Ref: NAVADMIN 021-03 (Jan. 2003) and Army regulation
AR 670-1. [2003 FP May]
A transit authority's dress code requiring
all employees to wear pants as part of a uniform, is not an unconstitutional
infringement when applied to a woman employee who wants to wear a skirt.
Zalewska v. County of Sullivan, #02-7099, 2003 U.S. App. Lexis 393 (2nd
Cir. 2003). {N/R}
Arbitrator annuls a new dress code
for the Prison health service. A physician's assistant could continue to
wear "hospital scrubs" while on duty; this was a mandatory bargain
issue. Federal Bur. of Prisons and Council of Prison Locals, AFGE L-992,
FMCS Case #01/030L6, 117 LA (BNA) 515 (Neas, 2002). {N/R}
Cook County (Chicago) Sheriff modifies his
uniform headwear regulations to accommodate two deputies, a Jewish male
and a Muslim female. In re Crystal Clark and Larry Davidson (claimants)
and Michael Sheehan, Cook Co. Sheriff (respondent). Source: Chicago Sun-Times
(7/7/02). [2002 FP Sep]
Supreme Court rejects the appeal of Islamic
employee who was transferred because she refused to stop wearing a head
scarf. Appellate court held that an involuntary transfer was not an ``adverse
employment action.'' Ali v. Alamo Rent-A-Car, #00-1041, 2001 U.S. App.
Lexis 3389 (Unpub. 4th Cir. 2001); cert. den. #00-1813, 2001 U.S. Lexis
7353, 70 L.W. 3245 (2001). [2001 FP Oct]
Justices refuse to set aside the termination
of a police officer who insisted on wearing a cross on his uniform. Daniels
v. City of Arlington, #01-187, 2001 U.S. Lexis 9494 (Oct. 9, 2001) affirming
246 F.3d 500, 2001 U.S. App. Lexis 6018 (5th Cir.). [2001 FP 173]
NLRB sustains an arbitrator's ruling that
management could enforce its policy of requiring prison employees to wear
dress shirts, in spite of an employee's alleged skin irritation. The fact
that the arbitrator questioned the grievant's attitudes and sincerity,
and expressed doubt about his sanity was not grounds for reversal for bias.
AFGE L-4044 - Council of Prisons L-33 and Federal Corr. Inst., Three Rivers,
Tex., #0-AR-3314, 2001 FLRA Lexis 45, 57 FLRA No. 27, 39 (1914) G.E.R.R.
(BNA) 657 (4/30/01). [2001 FP 110]
Federal appeals court upholds a police rule
against wearing religious or other pins on uniforms. Daniels v. City of
Arlington, #00-11191, 246 F.3d 500, 2001 U.S. App. Lexis 6018 (5th Cir.).
Supreme Court denies review, ending the officer's career. Docket #01-187,
2001 U.S. Lexis 9494 (10/9/2001). [2001 FP 76-7]
Woman investigator who was disciplined for
refusing to wear a necktie settles her claim for $25,000. Moutry-Allen
v. Milwaukee Co. (Wisc. Equal Rts. Div. 2001). [2001 FP 46]
Arbitrator holds that management could establish
clothing requirements for detective rank and require officers to wear soft
body armor without bargaining. Ossining (Town of) and Ossining Police Assn.,
NY-PERB Case #A99-195, 114 LA (BNA) 1761, 39 (1895) G.E.R.R. (BNA) 122
(Henner, 2000). [2001 FP 29]
Federal panel rejects demand of corrections
union to allow officers to wear "utility" uniforms on duty in
place of their dress uniforms, because it might lessen respect from the
inmates. Fed. Bur. of Prisons, Lompoc, Cal. and L-4048 AFGE, Decis. #423,
99 FSIP 92, 1999 FSIP Lexis 28; Fed. Bur. of Prisons, Coleman, Fla. and
L-506 AFGE, Decis. #424, 99 FSIP 104, 1999 FSIP Lexis 33. [2000 FP 60-1]
Arbitrator finds that a new warden must honor
a past practice of allowing officers to wear jeans and sneakers. Fed. Bur.
of Prisons and AFGE L-1298, FMCS Case #99/07979, 113 LA (BNA) 715 (Moore,
1999). [2000 FP 61]
The NLRB upholds a lower ruling that overturned
a management rule which prohibited employees from wearing union insignia
on their clothing. Flamingo Hilton and Hotel Empl. L-86, #32-CA15627, 1999
NLRB Lexis 856, 330 NLRB No. 34. {N/R}
A reprimand of a deputy sheriff for appearing
on TV in uniform without the sheriff's approval did not violate the First
Amendment. Belch v. Jefferson Co., 108 F.Supp.2d 143. {N/R}
Federal court rejects the religious claims
of women corrections officers who demanded the right to wear skirts on
duty; emergency response vests could not be properly secured unless they
wore pants. Seabrook v. City of N.Y., #99 Civ. 9134, 80 FEP Cases 1452,
1999 U.S. Dist. Lexis 13729 (S.D.N.Y.). [1999 FP 173]
Federal court sustains the termination of
a public employee who refused to wear a protective helmet for religious
reasons. Kalsi v. N.Y. Transit Auth., 1998 U.S. Dist. Lexis 20062 (E.D.N.Y.).
[1999 FP 44]
Arbitrator upholds disciplinary action against
employee who wore a Hooter's T-shirt. Management could punish workers who
wore "indecent" clothing. Clarion and IAMAW L-2448, 110 LA (BNA)
770 (Cohen, 1998). [1999 FP 12-13]
Federal appeals court holds that a NYC Transit
Auth. rule prohibiting employees from wearing badges or buttons on their
uniforms without management permission violates their rights of free speech
rights. Scott v. Myers, 191 F.3d 82, 1999 U.S. App. Lexis 20098, 162 LRRM
(BNA) 2077 (2d Cir. 1999). {N/R}
Fact that a police officer was a recovering
alcoholic does not excuse the fact he lost his weapon while sleeping on
a subway train. Brennan v. NYC Police Dept., #97-7779, 1998 U.S. App. Lexis
1923 (Unpub. 2nd Cir.). {N/R}
Arbitrator rescinds chief's order to remove
union logo stickers from fire trucks. Dept. tolerated the logos for 25
years, and abruptly banned them two days prior to a national conference
of fire union officials. IAFF L-1365 and City of Orlando, 82 (4) Intern.
Fire Fghtr. 14. (Arbitr. 1999). {N/R}
Federal court sustains the termination of
a nontenured employee who refused to wear less "provocative"
clothing to work. Her employer's "prudish" dress code did not
constitute sexual harassment. Her failure to comply, not the fact she had
complained about the dress code, was the basis for her dismissal. Schmitz
v. ING, #96C5754, 67 LW (BNA) 1057, 1998 U.S. Dist. Lexis 10236, 77 FEP
Cases (BNA) 481 (N.D.Ill.). [1998 FP 157-8]
Federal appeals court upholds termination
of employee who repeatedly failed to wear protective clothing, as required
by his employer. Taylor v. St. Vincent's Med. Ctr., 1998 U.S. App. Lexis
7991 (6th Cir.). [1998 FP 126]
OSHA review panel overturns DOL effort to
force employers to pay for mandated clothing of a "personal"
nature; case involved safety shoes and gloves. Secretary of Labor v. Union
Tank Car, #96-0563, 1997 OSAHRC Lexis 104, citing 29 C.F.R. 1910.132(a).
[1998 FP 12]
Arbitrator orders reinstatement and back
pay to a Muslim hospital worker who wore a skull cap and shirt hanging
over his trousers, in defiance of the facility's dress code. The employer
failed to accommodate his religious beliefs concerning clothing. Liberty
Medical Center, 109 LA (BNA) 609 (Gentile, 1997). {N/R}
Arbitrator strikes down employer's unilateral
imposition of a semi-uniform dress code for members of a bargaining unit.
Macy's and L-1, RWDSW Union, AAA 13-300-01642-96, 106 LA (BNA) 489 (Gregory,
1997). [1997 FP 108-9]
Law review articles on dress codes: "Secondhand
codes: an analysis of the constitutionality of dress codes in the public
schools," 80 Minn. L. Rev. 715 (1996); "Restricting gang clothing
in public schools: does a dress code violate a student's right of free
expression?" 64 S. Cal. L. Rev. 1321 (1991); "Soul rebels: the
Rastafarians and the 'Free exercise clause'," 72 Geo. L.J. 1605 (1984).
Also see the topic, "Hairstyle and Appearance Regulations, above.
Federal trial court upholds a public employee's
"freedom of expression" suit that challenged a work rule that
banned clothing that displayed "slogans." Walker v. Elbert, #CIV-93-1705-A
(W.D. Okla. 1996; aff'd other grds., #94-6395, 75 F.3d 592, 1996 U.S. App.
Lexis 1332 (10th Cir.). {N/R}
Rhode Island Supreme Court rejects suit by
injured sergeant that his department made him a target by wearing a supervisor's
white shirt, and failing to provide him with riot gear. Kaya v. Partington,
681 A.2d 256 (R.I. 1996). [1997 FP 94]
Appellate panel rejects suit for injunction
against a flag patch on correction officer uniforms. Troster v. Pa. Dept.
Corr., #94-3162, 65 F.3d 1086, 1995 U.S. App. Lexis 25852, 10 IER Cases
(BNA) 1714 (3rd Cir. 1995). [1996 FP 14]
Federal tribunal holds that limited duty
police officers do not have a right to retain their badges or police ID
cards while off duty. Lucas v. Dept. of the Navy, 1994 MSPB Lexis 917 (1994).
[1995 FP 13-14]
OSHA exempts Sikhs and persons who refuse
to wear hard-hats for religious reasons, pursuant to the Religious Freedom
Restoration Act of 1993; the exemption reinstates a 1978 exception (withdrawn
in 1990) for the Old Order Amish and Dharma Brotherhood, and extends it
to "any employee" who objects for religious reasons. OSHA Instruction
STD 1-6.5 (June 20, 1994) summarized in 1994 FEP Summary (BNA) 83 (7/18/94).
Federal court allows a civilian employee
to wear an anti-abortion button at work, but affirms the employer's right
to require her to conceal the fetus on the button. Wilson v. U.S. West
Comm., 65 FEP Cases (BNA) 200 (D.Neb. 1994); affirmed, #94-2752, 58 F.3d
1337, 1995 U.S. App. Lexis 16605, 68 FEP Cases (BNA) 341 (8th Cir.). [1994
FP 168-9]
Ohio appellate court reinstates woman city
employee who refused to wear trousers for reasons of religious conviction.
Decision was based on arbitrary nature of the rule, rather than religious
discrimination. Cincinnati v. Dixon, 78 Ohio App., 604 N.E.2d 193 1992).
Also see Goldman v. Weinberger, 106 S.Ct. 1310 (1986). [1993 FP 109]
Religious Freedom Act of 1993 prompts the
Dept. of Labor to exempt workers who have a religious objection from OSHA
hard-hat requirements. Law also applies to regulations adopted by state
and local government employers. Religious Freedom Restoration Act of 1993,
42 U.S. Code Sec. 2000bb, P.L. 103-141, 107 STAT. 1488-9. [1994 FP 154-5]
NY Legislature holds hearings on bill which
would require NYPD to carry 9-mm semiautomatic pistols. [1992 FP 110]
Mississippi Supreme Court upholds right of
non-uniformed public employees to wear religion-inspired headgear at work.
Miss. Emp. Sec. Cmsn. v. McGlothin, 556 So.2d 324, 1990 Miss. Lexis 5,
51 FEP Cases (BNA) 1491 (1990).
Chicago suburb agrees to reinstate a uniformed
police officer who, against orders, wore a fingerless black glove on duty.
[Florene] Williams v. Vil. of Hoffman Estates, 1991 U.S. Dist. Lexis 7079
(N.D. Ill. 1991) and Cir. Ct. Cook Co. IL (1991).
Oregon allows uniformed public employees
to wear union buttons on their lapels. IAFF L-1817 v. Jackson Co. Fire
Dist. 3, Emp. Rel. Bd. #UP-64-90, 29 (1400) G.E.R.R. (BNA) 139 (12/17/90).
Arbitrator rules that the police chief had
a right to reissue all officers a permanently assigned badge number, and
to abolish a badge number by-seniority system. City of Pontiac and Mich.
PPOA, 96 LA (BNA) 284, FMCS 90/17021, Griev. #23-89-89MY-215 (Roumell,
1990). {N/R}
Federal appeals court holds that INS had
no duty to bargain with border patrol union over clothing rules; management
refused to negotiate the wearing of jean style trousers while on "rough
duty." U.S. DoJ v. FLRA, 881 F.2d 636, 1989 U.S. App. Lexis 10862
(9th Cir. 1989).
Federal court upholds employer's rule that
women employees wear trousers; dresses would risk injury to employees.
EEOC v. Heil Quaker, 55 FEP Cases (BNA) 1895 (M.D.Tenn. 1990). {N/R}
While state occupational health and safety
code might require law enforcement agencies to furnish officers with rain
gear, union must exhaust their administrative remedies before a California
court will intervene. Sacramento Co. Deputy Sheriff's Assn. v. Co. of Sacramento,
90 DAR 4955 (App. 1990).
Correctional officers could be required to
wear neckties without resort to the bargaining process. AFGE Local 2441
v. FLRA, 864 F.2d 178 (D.C. Cir. 1988).
Arbitrator rules that county employer could
not unilaterally require male investigators to wear ties with their jackets
during the life of a contract. A dress code is a term and condition of
employment. County of Riverside and Public Employees Assn. Inc., 27 G.E.R.R.
(BNA) 1245 (Gentile, 1989).
Federal court of appeals rules that correctional
officers could be required to wear neckties, and management did not have
to submit to the bargaining process. A.F.G.E. L-441 v. F.L.R.A., 864 F.2d
178, 1988 U.S. App. Lexis 17677, 130 LRRM (BNA) 2243 (D.C. Cir. 1988).
Public employer may prohibit the wearing
of religious garb while on duty. Cooper v. Eugene School Dist. 4J, 301
Ore. 358, 723 P.2d 298, 1986 Ore. Lexis 1458, 53 FEP Cases (BNA) 1012;
appeal dismissed, 480 U.S. 942, 107 S. Ct. 1597 (1987).
Fire dept. must bargain with union over its
proposal that firefighters be allowed to wear tee shirts and ball caps.
AFGE Local 1625 and Dept. of Navy, Naval Air Sta., Case #O-NG-1290, 25
FLRA No. 85 (2/27/87).
Chief had right to select type of gun holster
allowed; officers lose suit which alleged safety considerations. City of
Houston v. Houston Police Officers, 715 S.W.2d 145 (Tex.App. 1986).
Duty to bargain: a union "safety"
proposal specifying equipment to be maintained in police patrol vehicles
was mandatorily negotiable, respecting: (1) armored vest; (2) helmet with
detachable face shield; (3) head restraints; (4) lap and shoulder belts;
(5) flares; (6) cable cutters; (7) fire extinguishers; and (8) clip board.
Management does not have to bargain over the types of guns, other weapons,
and quantities of ammunition to be provided. Twp. of So. Brunswick and
P.B.A. L-166, NJ-PERC #86-115 (1986), 12 NJPER (LRP) ¶ 17,138 [Lexis].
{N/R}
Federal labor board allows immigration inspector
to wear union pin on his uniform, contrary to INS regulations. Immigration
and Nat. Service, San Ysidro, Cal. and I.N.S. Serv. Council AFGE, L-2805,
AFL-CIO, #8-CA-50544, 25 F.L.R.A. 447, 1987 FLRA Lexis 711, 25 FLRA No.
30 (1987).
Monetary allowance in lieu of free uniforms
was arbitrable; appeals court affirms award. Law Enforcement Labor Services
v. City of Roseville, 393 N.W.2d 670 (Minn. App. 1986).
Police officer properly suspended for failure
to conform to uniform requirements. DeBois v. Rozzi, 494 N.Y.S.2d 755 (A.D.
1985).
Supreme court upholds right of government
to regulate clothing of uniformed personnel; Air Force rabbi could not
wear a yarmulke. Goldman v. Weinberger, 475 U.S. 503, 106 S.Ct. 1310, 1986
U.S. Lexis 34 (1986).
Federal appeals court upholds damages and
reinstatement claims of black officers who were fired for removing U.S.
flag from their uniforms and picketing; 12 years of backpay for 6 appellants.
Leonard v. City of Columbus, 705 F.2d 1299, reh. en banc denied, 716 F.2d
914 (11th Cir. 1983).
Louisiana appellate court enjoins Baton Rouge
police from wearing uniforms similar to state police. Louisiana Troopers
Assn. v. City of Baton Rouge, 475 So.2d 376 (La. App. 1985).
Change of uniform regulations during period
of contract negotiation was a bad-faith, unfair labor practice. Burlington
Fire Fighters Assn. v. City of Burlington, 457 A.2d 642 (Vt. 1983).
Firefighters not entitled to wear uniforms
off-duty to publicize political views. Detroit Fire Fighters Assn. v. Dixon,
572 F 2d 557 (6th Cir. 1978); see also: Tinker v. Des Moines, 393 U.S.
503, 89 S.Ct. 733 (1969); Detroit Fire Fighters Assn. v. City of Detroit,
508 F.Supp. 172 (E.D. Mich. 1981).
Federal court enjoins postal service from
disciplining two workers, who in a non public area, wore unpatriotic buttons
and Tee shirts to provoke their coworkers. Kelley v. U.S. Postal Service,
492 F. Supp. 121, 1980 U.S. Dist. Lexis 13776 (S.D. Ohio). {N/R}
Appellate court in N.Y. overturns an arbitration
award which would have allowed a police officer to wear a neck chain. Arbitrators
may not substitute their judgment for that of the police chief, where safety
of the officer and the public are involved. In re Arb. of Malverne and
Malverne PBA, 72 A.D.2d 795, 421 N.Y.S.2d 624, 1979 N.Y. App.Div. Lexis
14047.
Union shop purchasing requirement invalidated.
Image Carrier Corp. v. Beame, 45 U.S. Law Week 2499, U.S. Dist. Ct. (S.D.N.Y.
1977).
Federal appeals panel upholds the firing
of a school teacher for wearing short skirts. Tardif v. Quinn, 545 F.2d
761 (1st Cir. 1976). {N/R}
Federal appeals court, in an 10-to-2 en banc
decision, rejects a public schoolteacher’s challenge, on free speech grounds,
a rule requiring him to wear a necktie. He could have verbalized his social
views to students without being insubordinate. E. Hartford Educ. Assn.
v. Bd. of Educ., 562 F.2d 838, 1977 U.S. App. Lexis 11916 (2d Cir.), citing
Miller v. School Dist., 495 F.2d 658, 664 (7th Cir. 1974). {N/R}
Dept. was legally obligated to furnish firearms
to police officers at no expense to the officers. Calif. State Labor Code
(similar laws in most states) required employers to furnish "safety
equipment" to employees at employer's expense. Oakland Police Officers
Assn. v. City of Oakland, 30 Cal.App.3d 96, 1973 Cal.App. Lexis 1140, 106
Cal.Rptr. 134 (App. 1973). {N/R}
See also: Body Armor;
Defamation; Hairstyle
& Appearance Regulations; Homosexual and
Transgender Employee Rights.