Tesla violated federal labor laws when it banned workers from wearing shirts with union insignia at its California warehouse as workers waged a union drive.
, for instance, that union employees in customer-facing positions needed to maintain a professional appearance and that union insignia may distract from the shopping experience.
McFerran had dissented from the Republican-majority opinion in 2019, arguing that it not only ignored NLRB precedent but also Supreme Court precedent establishing workers’ rights to wear union insignia.
Tesla and its CEO Elon Musk have broken federal labor laws several times in quashing workers’ attempts to form a union. Last year, the boardthat Tesla had unlawfully fired a pro-union worker and illegally threatened and interrogated pro-union workers. The board also previously ordered the deletion of a 2018 tweet from Musk discouraging his workers from unionizing, reiterating an order“Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted,” Musk had written. “But why pay union dues & give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare.
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