On Monday, the National Labor Relation Board announced a ruling that stops Tesla from banning its workers from wearing pro-union clothing.
Tesla’s policy for employees was to wear plain black t-shirts, or one showing the company’s logo, and therefore banning any other clothing items that would sport a logo, including those that favored unions.
“Today’s decision declares that all such dress codes are presumptively unlawful. As such, employees will be free to disregard them by wearing noncomplying union apparel except in “narrow” circumstances that exist in theory but will rarely be found in fact,” read the decision by the NLRB.
“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,” said Chairman Lauren McFerran in a statement.
“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,” added McFerran.
Tesla will need to post an obey notice to employees saying it “violated Federal labor law”, detailing how it is unlawful to ban black union t-shirts.
