Tesla, Inc.

Issue

The National Labor Relations Board is reviewing an administrative law judge’s 2019 ruling that Tesla violated labor law by prohibiting production associates from wearing union shirts.

March 22, 2021

The Restaurant Law Center, U.S. Chamber of Commerce and others filed a brief of amici curiae, arguing that where an employer maintains a facially neutral rule that limits—but does not ban—union insignia, the Board should balance an employer’s legitimate right to maintain a dress code with an employee’s right to display union insignia in the workplace under the National Labor Relations Act.