Tesla’s Union Shirt Ban Gets Warm Fifth Circuit Reception (1)

A federal appeals court appeared to support Tesla Inc.’s ban on union shirts on its electric car production line, signaling the court will overturn the National Labor Relations Board’s decision against the company’s uniform policy.

Judge Stephen Higginson, an Obama appointee, dominated questioning during oral argument Wednesday at the US Court of Appeals for the Fifth Circuit. He drew a distinction between dress codes that prohibit all expression of union support, and those like Tesla’s that permit workers to wear union stickers or other forms of insignia on their company shirt.

“It seems like the big accommodation is, if ...