No, Tesla workers, you can't wear that wacky T-shirt you just picked up at a yard sale

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So you’re a fashionista. And you work on the assembly line at Tesla’s TSLA 0.00%↑flagship factory in Fremont, Calif. And, hey, that tie-dye shirt you just saw looks mighty appealing and is sure to wow your co-workers.

But, no, you can’t wear it. Instead, you must don one of the black shirts imprinted with the Tesla logo handed out by the company. And that policy, which has been in place since 2017 amid organizing effort by the United Auto Workers union (UAW), also applies to pro-union T-shirts — also verboten.

Which led to the rule being the center of a court case just decided by the New Orleans-based Fifth U.S. Circuit Court of Appeals, which on Tuesday said that the company shirt policy, known as “Team Wear,” is OK because union stickers are allowed, a ruling that reversed an edict from the National Labor Relations Board (NLRB).

“We agree with Tesla,” the appeals court judges wrote in the verdict. “The [National Labor Relations Act] does not give the NLRB the authority to make all company uniforms presumptively unlawful. We grant Tesla’s petition for review, deny the NLRB’s application for enforcement, and vacate the Board’s decision.”

The ruling reversed a 2022 edict by the National Labor Relations Board (NLRB), which had said that any attempt to ban union insignia, including pro-UAW clothing, was unlawful unless an employer could show “special circumstances” such as safety concerns.

Additionally, the Fifth Circuit noted that Tesla said its approved uniforms would encourage “visual management,” easily letting team leads identify and distinguish various employees, including those in general assembly.

The court also said that Tesla’s uniform policy was advancing a legitimate employer interest, adding that it didn’t hinder union communications, nor did it affect time spent away from the job. In addition, the court echoed Tesla’s claim that the NLRB’s initial ruling was “irrational,” saying that this particular case doesn’t go against the workers’ right to unionize under the National Labor Relations Act (NLRA).

Intriguingly, the company had said the uniform policy was necessary to ensure that vehicles were not damaged during assembly, alleging that the union shirts caused “mutilations” to vehicles.

Guess those union T-shirts came with some spikes attached.