“We, like the Fifth Circuit, reject the test set forth in the NLRB’s Tesla decision.”
The NLRB erred in finding that Starbucks Reserve Roastery unlawfully maintained dress code policies that prohibited employees from wearing, while at work, more than one union button; buttons or pins that advocate for political, religious, or personal issues; and shirts with writings that were not pre-approved by Starbucks, the Second Circuit held. The Board’s conclusion regarding the one-pin policy was foreclosed by the appeals court’s 2012 precedent in NLRB v. Starbucks Corp (Starbucks I), 679 F.3d 70 (2d Cir. 2012). Additionally finding that the Supreme Court’s decision in Republic Aviation does not support the rule adopted by the Board in Tesla, Inc., 371 NLRB No. 131 (Aug. 29, 2022), that all employer-mandated dress codes that limit employees’ right to display union insignia are presumptively unlawful, the appeals court denied enforcement of the Board’s order as to the other two dress code policies as well (Siren Retail Corp. v. NLRB , Nos. 24-3168 (Lead) and 24-3298 (XAP) (2d Cir. Sept. 2, 2026)).
Starbucks Workers United. On September 19, 2022, according to the court, during a national campaign to negotiate the first union contract for Starbucks employees, five to seven employees at Starbucks Reserve Roastery’s main coffee bar in New York City wore black t-shirts bearing the name and logo of the Starbucks Workers United union atop their Starbucks-approved aprons.
Violation of dress...
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