Tesla didn't squelch United Auto Workers message when it cracked down on T-shirts, court says
A federal appeals court in New Orleans says automaker Tesla did not infringe on its workers’ rights to unionize when it ordered employees at a California assembly plant to stop wearing T-shirts emblazoned with the United Auto Workers logo
NEW ORLEANS — Automaker Tesla did not infringe on its workers’ rights to unionize when it ordered employees at a California assembly plant to stop wearing T-shirts emblazoned with the United Auto Workers logo, a federal appeals court has ruled.
The 5th U.S. Circuit Court of Appeals threw out a 3-2 decision issued last year by the National Labor Relations Board, which had said Tesla couldn’t prohibit union attire. The court opinion noted that Tesla allowed workers to affix “any number or size” of pro-union stickers to company-issued clothing.
“We may have concluded differently had Tesla prohibited union insignia," read the opinion issued Tuesday by a unanimous panel of three 5th Circuit judges.
The Associated Press sent emails requesting comment to Tesla and the UAW.
According to the court record, Tesla issued special black clothing with the company name and logo, dubbed “Team Wear,” to employees who worked on autos that had been recently painted. The clothing is issued to help prevent workers from inadvertently causing damage to paint that hasn't completely cured.
Some employees began wearing UAW shirts as an alternative in 2017, a practice the company cracked down on after several months, according to the opinion.
The NLRB ruled in August 2022 that the practice was an “overly broad” uniform policy and ordered it stopped.
But the appeals panel said the company policy didn't keep the union from getting its message across to employees.
“The Team Wear policy — or any hypothetical
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