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No, I think he wants to ban a slogan on a work uniform. Much more limited scope. Twitter is a product that is seen as a digital town square.
by chickin 4y ago
No, I think he wants to ban a slogan on a work uniform. Much more limited scope.
Twitter is a product that is seen as a digital town square.
- SilverBirch 4y agoSo Twitter, a private company with a well established and legally enshrined moderation policy is a public forum, but Tesla, run by a free speech activist and with no established dress code, isn’t. I look forward to see Elon clocking in and out and wearing appropriate work attire.
- darawk 4y agoNo, what was at issue was precisely their creation of a dress code: > The NLRB's 3-2 decision went along party lines, with Republicans dissenting. The Democratic majority said it "found that it was unlawful for Tesla to maintain a policy requiring employees to wear a plain black T-shirt or one imprinted with the employer's logo, thus prohibiting employees from substituting a shirt bearing union insignia." Tesla's strict enforcement of the policy began in 2017, shortly after employees started wearing union shirts in a Fremont, California, factory. They did not explicitly ban union insignia, they instituted a dress code.
- M3L0NM4N 4y agoThis ^ Not choosing a side here, but the headline is super misleading.
- NationalPark 4y agoThe NLRB found that the dress code was a de facto ban on pro union shirts. The way the law is written (and decided), the dress code change is assumed to be an illegal de facto ban on pro-union shirts unless Tesla presents evidence that it was necessary for other reasons, which they were given an opportunity to do but failed to satisfy the majority-Democrat NLRB. I guess you only get so many characters in a headline.
- deleted 4y ago[deleted]
- dmitriid 4y agoWas the dress code instituted before or after people started wearing pro-union insignia?
- josephcsible 4y agoWhy does this matter? If your employees ever wanted to unionize, should that forbid you from ever instituting a new uniform requirement?
- IshKebab 4y agoIt matters because it gives an indication of whether the dress code is necessary for some reasonable reason (e.g. they want their employees to look nice) or because they were just suppressing unionisation.
- spoonjim 4y agoThe reason for doing something almost always has implications on the legality of you doing that thing. Since we don't have mindreading devices or truthtelling serum, judges use patterns and heuristics to make their best guess as to the reasons for actions.
- benplant 4y ago“Tesla's strict enforcement of the policy began in 2017, shortly after employees started wearing union shirts in a Fremont, California, factory.”
- oneplane 4y agoI don't see Twitter as a digital town square. I also don't see town squares as being a shouting arena.
- fomine3 4y agoMetaphors considered harmful.
- Karunamon 4y agoIt is enough of a digital town square that politicians from local all the way to federal make proclamations on it, as well as there being legal precedent prohibiting politicians from blocking their constituents.
- bjustin 4y agoTo add more details, the legal precedent on this only says government accounts' posts and account pages are their own public-square-type place, not the entire Twitter service. Personal accounts when used for government-like purposes by government officials count too.
- oneplane 4y agoFederal what? The Russian federation? Also, why are people constantly attempting to compare a website to a square in a town? (for those not reading between the lines: most of the world doesn't live in the US, and most of the world also doesn't assign special privilege to town squares, digital or otherwise)
- Karunamon 4y agoThe last bit of the second paragraph would of been a fine comment on its own without the snark. That aside; this is an American website discussing an article about an American company having a ruling made against them by an American organization based on actions they took in America. I don't think the rest of the world is relevant to this discussion, and I don't think you do either.
- 4y ago
- SrslyJosh 4y agoHe's pro-free speech so long as the speech isn't workers exercising their legal rights. =)
- romwell 4y agoWhich work uniform? Last I've heard, the employment contract of the workers in question specified no such thing. Care to elaborate?
- Rebelgecko 4y agoDoes Tesla even do actual employment contracts for factory workers? They're pretty rare for non-execs
- romwell 4y agoTerms of work are outlined in the job offer. In any case, we don't seem to be talking about a workplace with official uniforms. That was a red herring by the OP.