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Come As You Are? Tesla Cannot Prohibit Factory Workers From Wearing Union Clothing


In recent weeks, that National Labor Relations Board (“NLRB”) issued a 3 - 2 decision in which it held that Tesla cannot prohibit its factory workers from wearing clothing with union insignia while in the workplace.

Tesla had sought to bar its factory workers from doing so, in reliance upon a 2019 NLRB decision.  However, the NLRB reversed its 2019 ruling in Wal-Mart Stores, Inc. and held that is presumptively unlawful for an employer to restrict union clothing without a special circumstance that would justify the ban, even if the employer’s policy is neutral on its face.  In this instance, the NLRB found that Tesla had failed to show any special circumstance to support its ban.  Consequently, the NLRB’s decision stipulated that workers have a protected right to display union insignia under Section 7 of the National Labor Relations Act (“NLRA”).

What does this mean for employers going forward?  In short, when an employer interferes in any way with its employees’ choice to wear union insignia in the workplace, the employer must establish a special circumstance to justify its policy.

With that being said, I remind readers that with the NLRB having majority control among Democratic appointed members, these sort of labor friendly decisions should be expected.


For additional information:  https://apnews.com/article/united-auto-workers-national-labor-relations-board-6fff9b2316c1e68b9f9752e48f823ea7

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