Labor charges claim Disney retaliated against workers for wearing union buttons
Daniel Rodriguez fastened a union button on his custodial uniform during a recent shift at Disneyland in a display of solidarity with other co-workers fighting for a new contract.
As he recalled, two managers followed him through the theme park that day until he reached a “backstage†area off-limits to guests.
“I see you’re wearing your union button, but, unfortunately, it’s not ‘Disney Look,’†one manager said in reference to the company’s dress code.
“If I don’t take the button off, will this lead to a discipline?†Rodriguez asked.
Rodriguez recalled being told that if he didn’t unpin it from his uniform, his shift would end early.
He promptly took the button off, which showed a Mickey Mouse-styled white glove clenched in a fist, and was advised that he could only wear it during breaks and lunches.
A coalition of four major Disney labor unions kick off a campaign for higher wages at the company’s Anaheim theme parks.
Encounters like Rodriguez’s led the Master Services Council, which is comprised of four major Disney unions, to file an unfair labor practice charge on Monday with the National Labor Relations Board.
The union coalition, which represents 13,000 theme park ride operators, candy makers, custodians and cashiers, claimed that more than 500 workers have faced similar instances of unlawful intimidation, surveillance and disciplinary threats, all for wearing the same buttons to work as Rodriguez did.
“Disneyland Resort cast members may only wear buttons and pins that are a part of their costumes while at work so that the show is maintained for our guests,†said Jessica Good, a Disneyland Resort spokeswoman.
To date, only a handful of disciplinary actions have been taken against workers who have repeatedly worn union buttons after being told it’s in violation of the Disney Look dress code, according to the company.
Board agents will be tasked with investigating the charges.
The battle over buttons comes amid a pivotal contract campaign where wages remain a top concern, especially as inflation, while cooling off, continues to hit wallets hard at the grocery store and gas pump.
Rodriguez lives with his girlfriend, who is on disability, and his retired mother.
“I’m the only one in my household working at the moment,†he said. “Trying to help support my family, in that sense, I need to be paid a fairer wage than what I’m earning right now.â€
An internal union survey of Master Services Council workers showed that 64% are “rent burdened,†meaning they spend more than half of their paychecks on housing.
Roughly three out of 10 workers report experiencing either food or housing insecurity.
The campaign, which kicked off with an April rally just outside of Disney’s California Adventure, is also the first major union fight to follow Disney’s court loss in a case over an Anaheim minimum wage law passed in 2018.
Hourly wages for the lowest-paid Disney workers have already been adjusted to $19.90 an hour, but a looming court date in November will start the process of assessing how much back pay is owed dating back to 2019, when the wage law first took effect.
Workers at Disneyland are primed for a big bump in salary after winning a living-wage legal battle, a paycheck boost scheduled to start this week.
The current contract campaign also isn’t the first to push Disney’s buttons on union buttons.
Back in 1988, Disney imposed a dress code that forbade any “unauthorized insignia, pins and buttons.â€
Betty Findley, a Disneyland Hotel waitress and union shop steward, challenged the ban the following year by turning her union lapels into earrings. As reported by the Los Angeles Times, a company rep claimed her earrings were no loophole and still violated the dress code.
Like the current flap, the dispute went before the National Labor Relations Board.
This time around, the Master Services Council argues that case law is on their side.
The union coalition points to a U.S. Supreme Court ruling in 1945 that held workers have the right to display union insignia on the job.
More recently, companies can ban union insignia only if they prove “special circumstances,†a standard that includes safety concerns.
Last year, a federal appeals court overturned an NLRB ruling and said that Telsa could lawfully bar its factory workers from wearing union shirts, as the company otherwise allowed them to sport union stickers.
Disney’s dress code guidelines do allow for a U.S. flag pin or a pin of the flag in the shape of Mickey Mouse’s head to be worn.
Rodriguez hopes that the Disney Look will clearly include union buttons by way of an NLRB ruling upholding the right to wear them.
“We want to wear these buttons to show Disney that we are united when it comes to contract negotiations,†Rodriguez said. “It should be clear to them that we should be able to wear these buttons on the clock, especially to show our solidarity.â€
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