Tesla’s ban on pro-union shirts is illegal and must be rescinded, NLRB rules
Tesla ordered to scrap shirt ban and notify workers that it violated US labor law.
https://arstechnica.com/tech-policy/...ed-nlrb-rules/
Tesla violated US labor law by implicitly banning employees from wearing shirts with union insignias, the National Labor Relations Board ruled yesterday. In addition to ruling that Tesla broke the law, the NLRB overturned a Trump-era decision in a similar case involving Walmart.
The NLRB's 3-2 decision went along party lines, with Republicans dissenting. The Democratic majority said it "found that 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, thus prohibiting employees from substituting a shirt bearing union insignia." Tesla's strict enforcement of the policy began in 2017, shortly after employees started wearing union shirts in a Fremont, California, factory.
Such "interference is presumptively unlawful, and the employer has the burden to establish special circumstances that make the rule necessary to maintain production or discipline," the NLRB said. The majority further ruled "that Tesla failed to establish special circumstances in this case."
The NLRB ordered Tesla to rescind its team-wear policy or revise it "to make clear that it does not prohibit production associates from wearing black union shirts." Tesla must also notify all current employees of the change and post copies of an NLRB notice at its Fremont facility. The required notice to employees says the NLRB found that Tesla violated federal labor law and advises employees of their rights.
NLRB Chairman Lauren McFerran issued a statement:
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 supporting organizing campaigns, to protesting unfair conditions in the workplace—and the law has always protected them. With today's decision, 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.