Tesla workers win the right to wear union attire

Electric vehicle giant Tesla has made it clear that it does not support workers’ unionization efforts. Despite cases of racism, sexism, and workplace misconduct, CEO Elon Musk has publicly dismissed the notion of unions helping workers protect their human rights within his company.

Musk’s opinions are not confined to social media; in 2017 Tesla made its uniform mandatory to avoid the display of union iconography. This meant that workers were only permitted to wear pre-approved black t-shirts.

The justification for the policy within Tesla has been that black clothing prevents damage to its vehicles.

After five years of this policy, the National Labor Relations Board (NLRB) has ruled it unlawful. In a statement, the agency noted: “Today, the NLRB issued a decision in which the Board held that employer attempts to restrict the wearing of union insignia, including clothing and buttons, are presumptively unlawful, absent special circumstances.”

In support of the decision, the chairman of the NLRB, Lauren McFerran wrote: “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.

“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.”

The NLRB noted that this ruling sets a precedent for all workers and that union iconography would be lawful unless an employer can provide evidence that it “limits production or discipline”.

Reaction to the announcement

Numerous people have shown their support for the ruling, commenting on Twitter “Great news! Thank you for supporting USA workers” and “Loving this precedent!”.

Others have criticized Musk’s policies on free speech and accused him of being self-serving in his pursuit of the notion. There are also people who are concerned about how the right to wear union attire can be protected, and how impactful it will be in an age where zero-hour contract workers are used.

Time will tell how impactful this ruling is, and whether it has a correlation with union efforts within Tesla.

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