Circuit Court of Appeals threw out a 3-2 decision issued last year by the National Labor Relations Board, which had said Tesla couldn’t prohibit union attire.
The court opinion noted that Tesla allowed workers to affix “any number or size” of pro-union stickers to company-issued clothing.
“We may have concluded differently had Tesla prohibited union insignia," read the opinion issued Tuesday by a unanimous panel of three 5th Circuit judges.
The opinion comes as the 5th Circuit prepares for arguments in another union-related matter involving Tesla, NLRB and the assembly plant in Fremont, California.
But that order was vacated after the full 5th Circuit, currently with 16 full-time judges, voted to hear the matter.
Persons:
Tesla, didn't, ”, Jerry Smith, Elon Musk, Musk, Smith, Ronald Reagan, Leslie Southwick, George W ., Stephen Higginson, Barack Obama
Organizations:
ORLEANS, United Auto Workers, U.S, Circuit, National Labor Relations Board, Associated Press, UAW, NLRB, Twitter
Locations:
California, Fremont , California