NLRB ruling comes during a wave of unionization throughout the U.S.
Tesla can’t impose clothing on their workers if it prevents them from displaying a union insignia, according to the National Labor Relations Board (NLRB).
“The board reaffirms that any attempt to restrict the wearing of union clothing or insignia is presumptively unlawful and – consistent with Supreme Court precedent – an employer has a heightened burden to justify attempts to limit this important right.”
It was unlawful for Tesla to maintain a policy requiring employees to wear a plain black t-shirt or one imprinted with the employer’s logo which thus prohibits employees from substituting a shirt bearing union insignia because, found a board majority that included NLRB chairman Lauren McFerran.
The decision was consistent with Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), which states that when an employer interferes in any way with employees’ right under Section 7 of the National Labor Relations Act to display union insignia, that interference is presumptively unlawful, and the employer has the burden to establish special circumstances that make the rule necessary to maintain production or discipline, according to NLRB.
Tesla failed to establish special circumstances in this case, they found.
“Wearing union insignia, whether a button or a t-shirt, is a critical form of protected communication. For many decades, employees have used insignia to advocate for their workplace interests – from...
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