Bloomberg Law
March 23, 2021, 8:42 PM

Keep Union Insignia Rule in Tesla Case, Top NLRB Lawyer Says

Robert Iafolla
Robert Iafolla
Reporter
Ian Kullgren
Ian Kullgren
Reporter

The National Labor Relations Board’s top lawyer urged the board to retain its legal framework for wearing union insignia in a case involving Tesla Inc., instead of expanding employer power to bar workers from wearing symbols of organized labor.

Acting General Counsel Peter Sung Ohr’s views generally line up with those of several unions that also submitted briefs in the Tesla case on Monday. The NLRB should keep the Obama-era test requiring employers to identify “special circumstances” that justify prohibiting workers from wearing union insignia—even when a workplace rule doesn’t specifically ban union symbols, they said.

The U.S. Chamber ...

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