Tesla ban on pro-union shirts violated workers’ rights: NLRB

An aerial view shows the Tesla Fremont Factory in Fremont, California on February 10, 2022.

Josh Edelson | AFP | Getty Photographs

Tesla violated workers’ rights when it told employees they couldn’t don shirts with pro-union insignia at the factory, The Countrywide Labor Relations Board ruled in a decision out Monday.

The NLRB is now mandating that Elon Musk’s electric car maker “stop and desist from sustaining and enforcing the extremely broad staff-use policy that prohibits generation associates from donning black union shirts.”

Tesla will also be required to notify latest workforce that its “group-don coverage” has been rescinded or revised, and supply a copy of any revised plan.

The final decision contradicts a 2019 ruling over gown code guidelines at Walmart that authorized the retail titan to restrict (but not ban) personnel from carrying pro-union insignia at get the job done.

Two associates of the labor board dissented on the Tesla ruling, though a few moved to overrule the prior Walmart determination.

The majority wrote, “when an employer interferes in any way with its employees’ correct to show union insignia, the employer ought to confirm exclusive situations that justify its interference.” Tesla did not show particular situations that justified its coverage, the NLRB resolved.

Tesla experienced previously argued just before the NLRB that its dress code was meant to stop workers’ apparel from “causing mutilations” to the automobiles or car or truck seats they ended up setting up, and to support supervisors “simply ascertain that workers are in their assigned do the job places,” of the company’s manufacturing facility.

Former Tesla personnel experienced testified ahead of the NLRB that management at Tesla made them clear away T-shirts with United Car Employees union messages and logos on them, even while they posed no risk of harmful automobiles or motor vehicle seats.

The UAW and Tesla did not straight away reply to requests for remark on Monday.

Previously, the NLRB dominated that Tesla CEO Elon Musk violated labor laws when he proposed in a tweet that Tesla workers would require to give up their stock solutions if they unionized. They mandated that he take out the offending tweet, but Musk and Tesla moved to attraction that determination.