Tesla ban on pro-union shirts violated staff’ rights, labor board rules


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

Josh Edelson | AFP | Getty Images

Tesla violated staff’ rights when it instructed staff they could not put on shirts with pro-union insignia on the manufacturing facility, The National Labor Relations Board ruled in a choice out Monday.

The NLRB is now mandating that Elon Musk‘s electrical automobile maker “stop and desist from sustaining and implementing the overly broad team-wear coverage that prohibits manufacturing associates from carrying black union shirts.”

Tesla will even be required to inform present staff that their “team-wear coverage” has been rescinded or revised, and supply a duplicate of any revised coverage.

The choice contradicts a 2019 ruling over gown code insurance policies at Walmart that allowed the retail titan to restrict (however not ban) staff from carrying pro-union insignia at work.

Two members of the labor board dissented on the Tesla ruling, whereas three moved to overrule the prior Walmart choice.

The majority wrote, “when an employer interferes in any manner with its staff’ proper to show union insignia, the employer should show particular circumstances that justify its interference.” Tesla didn’t reveal particular circumstances that justified its coverage, the NLRB determined.

Tesla had beforehand argued earlier than the NLRB that its gown code was meant to stop staff’ clothes from “inflicting mutilations” to the vehicles or automotive seats they had been constructing, and to assist managers “simply decide that staff are of their assigned work areas,” of the corporate’s manufacturing facility.

Former Tesla staff had testified earlier than the NLRB that administration at Tesla made them take away teeshirts with United Auto Workers union messages and logos on them, though they posed no threat of damaging vehicles or automotive seats.

The UAW and Tesla didn’t instantly reply to requests for remark on Monday.

Previously, the NLRB dominated that Tesla CEO Elon Musk violated labor laws when he recommended in a tweet that Tesla staff would want to surrender their inventory choices in the event that they unionized. They mandated that he take away the offending tweet, however Musk and Tesla moved to attraction that call.



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