Labor Union Insignia in California

California’s Labor Code, in Division 2, Part 3, Chapter 3, provides for labor union insignia. Labor Code Section 1010 defines the term “label.” Section 1011 provides that a person engaged in the production, manufacture, or sale of any article of merchandise in this state is prohibited from misrepresenting or falsely stating any of the following regarding the production of the article:

• The kind, character, or nature of the labor employed.

• The extent of the labor employed.

• The number or kind of persons exclusively employed.

• That a particular or distinctive class or character of laborers was wholly and exclusively employed.

Violation of any provision of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment for not less than 20 nor more than 90 days, or both.

Section 1012 specifies that any person engaged in the production, manufacture, or sale of any article of merchandise in this state, or any person engaged in the performance of any acts or services of a private, public, or quasi-public nature for profit, who willfully misrepresents or falsely states that members of trades unions, labor associations, or labor organizations were engaged or employed in the manufacture, production, or sale of such article or in the performance of such acts or services, is guilty of a misdemeanor punishable by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 90 days, or both.

Section 1013 defines the term “forge.” Section 1014 provides that any trade union, labor association, or labor organization, organized and existing in this state, which has adopted and registered a label or trademark in accordance with the law of this state, has the exclusive right to the ownership, use, and control of the label or trademark.

Section 1015 specifies that any person who, without having an unrevoked written authority from the trade union, labor association or labor organization, willfully forges or procures to be forged the label or trademark, with intent to sell or assist other persons to sell, as having been made, manufactured, or produced in whole or in part by labor, laborers, or employees who are members of, or allied or associated with, the trade union, labor association, or labor organization, is guilty of a misdemeanor, punishable by a fine not more than $1,00 or imprisonment for not more than 90 days, or both.

Section 1016 states that any person who willfully uses or displays the genuine label, trademark, insignia, seal, device, or form of advertisement of any association or labor union, in any manner not authorized by the association or labor organization or not in conformity with the bylaws, is guilty of a misdemeanor punishable by a fine not exceeding $200 or imprisonment for not more than three months, or both.

Section 1017 provides that any person who willfully uses the card of any labor union to obtain aid, assistance, or employment, unless entitled to use the card under the rules and regulations of a labor union within this state is guilty of a misdemeanor.

Section 1018 states that any person who willfully wears the button of any labor union of this state, unless entitled to wear the button under the rules of the union, is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than 20 days or by a fine of not more than $40, or by both fine and imprisonment.