NLRB Extends Time for Filing Briefs Regarding Employers’ Uniform Policies

Washington, DC – In an order issued today, the National Labor Relations Board has extended the time for submitting briefs in response to the notice and invitation to file briefs that it issued on February 12, 2021 in Tesla, Inc., 32-CA-197020 et al.  In the notice and invitation to file briefs, the Board invited the parties and interested amici to address the following questions: (1) does Stabilus specify the correct standard to apply when an employer maintains and consistently enforces a nondiscriminatory uniform policy that implicitly allows employees to wear union insignia (buttons, pins, stickers, etc.) on their uniforms, and (2) if Stabilus does not specify the correct standard to apply in those circumstances, what standard should the Board apply? 

Under the extension, parties and interested amici may file briefs, not to exceed 25 pages in length, with the Board in Washington, D.C. on or before March 22, 2021.  The parties are permitted to file responsive briefs, not to exceed 15 pages in length, on or before April 6, 2021. 

The case is Tesla, Inc., 32-CA-197020 et al.  Click here to read the notice and invitation to file briefs.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions.  The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.