Posts tagged insignias
Court case gives edge to employers over displays of union insignia
December 6, 2023 // Tesla appealed the decision to the 5th Circuit, which considered what the employer’s rule is for the restriction and whether it is lawful. The court found that unions can take issue with employer restrictions to some extent but that employers do not have carte blanche in establishing policies. “But [unions] can’t come out of the gate and say that any kind of restriction is unlawful,” the lawyer explained. “So I would say, the bottom line on the 5th Circuit’s opinion is that as long as you’re [the employer] not outright banning all union insignia of any kind, you’re probably going to be OK as long as you can articulate a reason why you’re restricting [buttons],” Cannon said. “So it’s going to really be more of a balancing test versus what the Labor Board has said, that we think all restrictions are illegal.”