NLRB Invites Briefs Regarding Employers’ Uniform Policies

 Washington, DC – In an order issued today, the National Labor Relations Board invited parties and amici to submit briefs in Tesla, Inc., 370 NLRB No.88 (2021). A majority of the Board asked for briefing on 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?

2.  If Stabilus does not specify the correct standard to apply in those circumstances, what standard should the Board apply? 

Members Kaplan, Emanuel, and Ring joined in issuing the notice and invitation; Chairman McFerran dissented.

Briefs not exceeding 25 pages in length shall be filed with the Board in Washington, D.C., on or before March 15, 2021. The parties may file responsive briefs on or before March 30, 2021, which shall not exceed 15 pages in length. No other responsive briefs will be accepted. The parties and amici shall file briefs electronically by going to www.nlrb.gov and clicking on “eFiling.” If assistance is needed in E-filing on the Agency’s website, please contact the Office of Executive Secretary at 202-273-1940.

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 and 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.