United States Fifth Circuit

A judgment for plaintiffs in a workplace First Amendment case is reversed where, under the balancing test of Pickering v. Bd. of Educ., the interest of defendant-hospital in promoting the efficiency of the public service it performs by means of its uniform non-adornment policy outweighs the interest of its Integrated Services employees such as plaintiff in wearing a "Union Yes" button on their uniforms while on duty at the hospital.

Appellate Information

• Decided 10/05/2006
• Published 10/06/2006

Judges

• GARWOOD, Circuit Judge:, Before JONES, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• David A. Van Os (argued), Matthew G. Holder, David Van Os & Associates, San Antonio, TX, for Plaintiffs-Appellees., Miles Robert Nelson (argued), Robert Eugene Motsenbocker, William Stacy Trotter, William Everett Berry, Jr. (argued), Shafer, Davis, Ashley, O'Leary & Stoker, Odessa, TX, for Defendant-Appellant.