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In a 3-2 decision, the NLRB said that when companies interfere with employees’ rights to display union insignia the employer “has the burden to establish special circumstances that make the rule necessary to maintain production or discipline. The majority then found that Tesla failed to establish special circumstances in this case.”
The NLRB said some Tesla employees assembling EVs at its Fremont, California, plant wore shirts with union logos during a 2017 union organizing campaign.
