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Communication Workers of America v. Ector County Hospital District

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Appellee Urbano Herrera, a carpenter employed by the Ector County Hospital District (the “Hospital”), was disciplined by the Hospital after he wore a “Union Yes” lapel button in violation of the Hospital’s dress code. Herrera brought suit under � 1983, claiming that the anti-adornment provision of the dress code policy violated his First Amendment rights. The district court granted a motion for judgment as a matter of law (“JMOL”) filed jointly by intervening plaintiff Communication Workers of America (“CWA”, or the “Union”) and Herrera (collectively, “Plaintiffs”), awarding monetary damages and injunctive relief. The Hospital now appeals, advancing numerous errors by the district court, including its ruling that Herrera’s wearing of the union button was speech on a matter of public concern, its refusing to submit specified factual questions to the jury, and its awarding of attorneys’ fees and litigation costs to Plaintiffs. We affirm.

I. Facts and Proceedings

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