The National Labor Relations Board (NLRB or Board), now under the majority control of Biden appointees and over the strong dissent of its two minority Republican members, has reversed a Trump-era ruling that made it easier for employers to restrict the apparel an employee can wear on the job, including the wearing of items that contain union logos or messaging, without violating federal labor law.
The NLRB’s split decision in Tesla, Inc., affirms a decision by an administrative law judge (ALJ) finding that that a “team wear” policy allowing only the display of Tesla’s logo violated the rights of employees who wanted to wear similar garb but with the logo of the United Automobile, Aerospace and Agricultural Implement Workers of America, (UAW) union instead of that of the company.
According to the Board majority, long-standing U.S. Supreme Court and Board precedent dictates that limitations on the display of union insignia are presumptively unlawful and that an employer must show “special circumstances” to justify a ban. The Board concluded that Tesla failed to do so in this case.
Members of the Center for Workplace Compliance (CWC) can read more here.