Subject: LRI Ink: Dress Codes & Union Logos, Wearable Tech Risk, Teamsters Decertification Push

September 17, 2026

To visit the blog post, click on the link below the article.

Can Employer Dress Codes Limit Union Insignia

by Michael VanDervort

A federal court just rejected the Board’s strictest dress code test

This month, the Federal Appeals Court set aside the legal standard the National Labor Relations Board (NLRB) has used to address workplace dress codes.


The decision doesn't allow employers to ban union buttons and shirts altogether. Employees still retain a protected right to display union symbols. However, neutral rules on dress and uniforms will no longer face the near-automatic presumption of illegality created by the Board’s 2022 ruling on Tesla.

Starbucks wins at the Second Circuit

On September 2, the U.S. Court of Appeals for the Second Circuit declined to enforce the NLRB's decision, which had invalidated three of the dress-code rules at the Starbucks’ Reserve Roastery in Manhattan; the case is Siren Retail Corp. d/b/a Starbucks Reserve Roastery v. NLRB.


During its 2022 first-contract campaign, some of the employees wore Starbucks Workers United shirts over their approved aprons. Management ordered them to remove the shirts. The Roastery’s rules permitted one union pin of reasonable size, banned any pins that promoted political, religious or personal issues, and prohibited shirts which had unapproved logos or writing.


The Board regarded all three rules as unlawful under its 2022 Tesla standard, holding that any restriction on union insignia, including one that merely requires a uniform, is unlawful unless the employer proves special circumstances and shows the restriction is no wider than necessary.


The Second Circuit rejected that approach and ruled that the Roastery's one-pin rule was lawful considering an earlier decision by the same court in the Starbucks case. Even so, employees were able to demonstrate union support, while Starbucks could preserve the image it had built up for its customers.

The court rejected Tesla

The court did not rule Starbucks’ other two policies as being lawful; instead, it returned them to the Board for review using a more balanced standard.


The Board should now assess the extent to which the policy infringes upon Section 7 rights, such as the right to take part in union and other protected concerted activity. It also has to determine whether the policy is neutral and applied in a consistent manner and what the circumstances are that lead to the restriction. A total ban directed at union messages is different from a limited rule which applies to every logo or message.


That method is very similar to the standard set by the Board in 2019 regarding Wal-Mart, a standard which Tesla had rejected. In 2023, the Fifth Circuit dismissed Tesla's position, and the Second Circuit has now done the same. In her memorandum of August 26, NLRB General Counsel Crystal Carey states that she has already requested the Board to cease applying Tesla in another Starbucks case and to bring back the Wal-Mart standard.


The Board seems to be moving in the direction of bringing back Wal-Mart. It now has a judicial pathway and a General Counsel who is urging it to adopt a more flexible test. That said, Tesla will remain the Board's established precedent until the Board officially replaces it, and Carey has directed the regional offices to carry on with the current law in the meantime.

What employers should do now

The ruling gives employers greater scope to defend reasonable dress and uniform rules, especially in the Second Circuit.


Limit restrictions to a narrow scope, keep them neutral, and tie them to a legitimate business purpose. Apply them in the same way to both union and non-union messages. Do not impose total bans, and ensure enforcement is not made stricter once organizing has started.


Tesla remains Board precedent for now, so employers should review their policies but wait before making major changes.

Henry Ford Genesys Nurses Want To Boot The Teamsters After A Year Of Striking

by Kimberly Ricci

Late last week, a curious event took place involving nurses at Henry Ford Genesys Hospital in Grand Blanc, MI. There, a Teamsters strike reached the one-year mark on Sept. 1, but the long-winded nature of this strike isn’t the news here. The Teamsters notoriously love exerting maximum financial pressure upon employers, and last year, the union threw a barbecue to mark the one-year anniversary of a Bigfoot Beverages strike in Oregon, where union members were only guaranteed $200 per week strike pay.


That barbecue was a weird flex that makes one wonder if the Teamsters ever read the room and acknowledge when their members grow frustrated during indefinite strikes with no signs of ending. Well, that brings us to Henry Ford Genesys, where a group of 80 acute-care Registered Nurses (RNs) filed a decertification petition for an election to boot the Teamsters.

A petition without an explanation

These nurses haven’t made a statement to the press, so admittedly, we cannot know precisely why they want to remove the Teamsters as their bargaining representative. However, it’s not a stretch to say that they’re disappointed in Local 332’s handling of contract talks, which began in April 2025 and have since stalemated while the union sets its sights on other organizing targets. Back when the strike reached the six-month mark, Local 332 President Kevin Moore boasted to reporters, “You think we’re just done with Henry Ford? ... You think there’s not more hospitals in the State of Michigan that want Teamster help? We’re not backing up from any hospital.”

The Teamsters’ dirty ULP tactics came back to them

Naturally, the union has filed numerous ULPs, mainly alleging refusal to bargain, against Henry Ford Genesys since 2024, and they’ve openly bragged about these filings. What isn’t receiving attention, however, is that Genesys workers–although we don’t know how many of them hail from the decertification petition’s unit of 80–have filed just as many ULPs against the Teamsters since 2024. Those workers accused the union of coercion, harassment, and unfairness regarding dues and strike actions.

The Teamsters’ attendance contract clause backfired

As we’ve previously discussed, the union’s fact vs. fiction game included making false claims about nurse-to-patient ratios while Henry Ford countered that they’ve stayed fully staffed before and during the strike. In fact, says Henry Ford, the Teamsters themselves encouraged staffing shortages by directing nurses to “take turns calling off scheduled shifts.” This resulted in union members staying home “5,872 times between January and August 2025, averaging 25 absences per day at Genesys compared to just 4 at Henry Ford Rochester and 11 at West Bloomfield.”


These shenanigans were part of the Teamsters’ manipulation of a contract clause that “incentivize[d] coordinated call-outs” by boosting pay for nurses who come to work during heightened absenteeism. This tactic was waged so aggressively, according to the hospital, that 25 nurse call outs per day is “the equivalent of an entire unit of staff.”

Fighting words on the picket line

While putting in face time during the Henry Ford Genesys strike, Sean O’Brien complained, “Management needs to prioritize the experience of Teamsters nurses over temporary workers.” Since then, picket lines involving around 750 nurses and case workers have been ongoing at the addresses provided in the decertification petition. Also, a Henry Ford spokesperson called the union's agenda “simply an economic strike.”


Henry Ford has also clarified that they must use temporary nurses to fill staffing gaps to properly serve the hospital’s community. That sounds like common sense, but unfortunately, Henry Ford found itself in the position of needing to counter union fiction by pointing out how temporary workers are, by nature, temporary, and that if the Teamsters ended their strike, then striking nurses would return to their jobs.

Wages and more on the bargaining table

Henry Ford has already implemented their most current offer by increasing RN wages by up to 13%, which bumps up the hospital systems’ annual RN salaries to around $100,000. That’s higher than the Michigan statistics of RNs with 5+ years experience falling into the “$85,000 – $95,000” range. Henry Ford raised these wages despite Genesys' financial hardship with “average annual losses of about $50 million.” Meanwhile, the Teamsters haven’t publicly disclosed what salaries they’re pushing for, but they appear to erroneously believe that hospitals have an unlimited supply of money.

Where the process goes from here

Sadly, the Henry Ford Genesys strike is a PR tactic by the Teamsters as part of their plan to mass-organize Michigan nurses despite the union’s questionable expertise in this industry. This is, after all, a union traditionally representing freight, logistics, and Hollywood workers.


At least some Henry Ford Genesys nurses have seen through the Teamsters’ tactics, and we’ll be watching to see when the decertification petition leads to a scheduled election by the NLRB. At that point, 80 RNs will decide whether they’re done with the Teamsters, and we’ll be watching to see whether the rest of the striking nurses follow suit. Until then, this strike isn’t good for workers, patients, or the community served.

In the News | Michael VanDervort Takes on Wearable Tech in New SHRM Column

by Michael VanDervort

Michael VanDervort's Latest SHRM Column Tackles Wearable Tech at Work

In a recent SHRM article titled Wearable Tech Is Already in Your Workplace. Is Your Policy Ready?; Michael VanDervort broke down issues employers need to get ahead of before smart glasses and other wearables outpace their policies:

The Recording Risk Hiding in Plain Sight

  • You can't spot the recording device anymore: Smart glasses look like ordinary eyewear, and employees may already own a pair, request one as a disability accommodation, or be issued one for work. A fixed security camera is disclosed and recognized for what it is; a pair of glasses that happens to record isn't.

Why a Blanket Ban Runs Into NLRB Trouble

  • A blanket no-recording rule has its own risk: The National Labor Relations Board's (NLRB's) current Stericycle standard presumes overly broad recording bans chill protected activity, and NLRB General Counsel Memo 25-07 treats surreptitious recordings of bargaining sessions as a violation of the duty to bargain in good faith. Bargaining and grievance meetings need to be treated as no-recording zones, with wearables on the same checklist as phones and laptops.

The ADA Twist Employers Miss

  • The Americans with Disabilities Act (ADA) angle catches employers off guard: An employee who shows up with a prescription for smart glasses and asks to wear them at work can't be turned down on recording concerns alone. That requires an individualized accommodation analysis instead of a reflexive no.

New Tech on the Horizon

Neurotech is already showing up in U.S. workplaces too, in fatigue-tracking headbands and brain-computer interfaces that translate neural signals into digital commands. States are moving to regulate the neural data these devices collect, and the questions it raises make smart glasses look manageable by comparison.

Read the full article on SHRM:

Wearable Tech Is Already in Your Workplace. Is Your Policy Ready?


Friday Five: NYC's Union Love, DOL's Dirty Laundry Report, And Hotel Strikes

by Kimberly Ricci

New York City Mayor’s Labor Day gift to unions:

On Monday, NYC Mayor Zohran Mamdani signed an executive order to create the Mayor’s Office of Worker Power, which will be aimed toward helping private sector workers unionize. The office will be led by Tony Perlstein, a long-time organizer for the International Longshoremen’s Association (ILA) who also worked with the Teamsters and United Farm Workers. Perlstein will report to a familiar face, ex-Biden Acting Labor Secretary Julie Su, who’s now the NYC Deputy Mayor for Economic Justice. Su insists that this office won’t directly organize workers but instead will be facilitating connections between workers and unions.


Regardless of whether what Su is saying is true, Big Apple employers haven’t had great news lately on the union lobbying front. After all, NYC City Council’s bill Int. No. 757 is moving through legislative channels after aggressive Teamsters efforts. If that bill passes, Mamdani made it clear that he'll sign it, and the city’s minimum wage will reach $30 by 2030. The city’s small business leaders believe that this massive wage jump will create an unsustainable barrier to entrepreneurship in NYC.

Washington’s longest hotel strike could influence others:

Also on Labor Day, at least 117 Seattle Embassy Suites hotel workers received media attention for their continuing strike that began on June 18. UNITE HERE and the hotel have deadlocked on several issues including wages and staffing levels, and activists from several other unions (including United Food and Commercial Workers, Service Employees International Union, and Seattle Education Association) joined the holiday picket line.


One news report claims that a long-term Embassy Suites client has pulled its business in Seattle to the tune of $18,500 per week.


UNITE HERE is also threatening to make this strike contagious in Chicago, where the union wants to put thousands of workers on strike. The union claims to represent 15,000 workers at over 40 Windy City locations and has posted a list of hotels where around 7,000 union members are reportedly working under expired contracts.

The DOL’s Lori Chavez-DeRemer report hit the airwaves:

Labor Secretary Keith Sonderling took over his role after an awkward era involving tabloid reports about his predecessor, Lori Chavez-DeRemer. Those accusations--about travel fraud, drinking alcohol during work hours, and an "'inappropriate' relationship with a subordinate"--led to a months-long investigation that has produced a 38-page report from the DOL’s Office of Inspector General.


Naturally, the report includes findings on the above subjects and more:

  • Page 15 shows time-stamped security screenshots of a male staffer entering Chavez-DeRemer’s Washington, D.C. residence and leaving 14 hours later wearing the same outfit as when he entered.

  • Page 18 details suspicions from Chavez-DeRemer and Chief of Staff Jihun Han, who both believed "that they could no longer trust Sonderling and his staff and suspected them of contributing to the media reporting." That led to Han questioning "the necessity of providing [security] protection for Sonderling." Oh boy.

The Supreme Court shut down another employer request on bargaining:

We recently told you about Las Vegas’ Red Rock Casino Resort and Spa’s bid to pause a Gissel bargaining order issued by the D.C. Circuit. This week, the Supreme Court declined that request, so Red Rock must negotiate with the Culinary Union while awaiting potential Supreme Court review of its case.


Previously, the Supreme Court denied a similar request in Cemex Construction Materials Pacific, LLC v. NLRB after the Ninth Circuit affirmed a Gissel order issued by the Board.


Both of those cases involved courts sidestepping the Board’s Cemex standard in favor of enforcing Gissel orders, and it’s too soon to say how those cases will end for these employers.


In the broader picture, it’s safe to say that the Abruzzo Board’s aggressive Cemex decision will fall when a relevant case reaches the NLRB. General Counsel Crystal Carey’s most recent guidance memo made clear that she wants to see that happen, and James Macy’s confirmation as the third GOP vote gave the Board the necessary votes to overturn that precedent.

Meanwhile, the Board’s backlog got an update:

Although that Carey memo specifically listed the Board decisions that the GC wants to be overturned, the NLRB’s massive backlog remains her top priority. To that end, the agency has appointed five new administrative law judges (David Goldman, Lisa Dunn, Stephanie Cotilla Eitzen, Zuzana Murarova, and Steven Wyllie) to process those aged cases.


NLRB Chair James Murphy declared that these new ALJs’ “experience and commitment to fair and impartial adjudication will strengthen the Board’s ability to address our case backlog and ensure that cases are resolved efficiently and consistent with the National Labor Relations Act.” These new hires bring the total number of NLRB judges to 30, as opposed to the 36 working for the agency in 2023. Still, let the backlog-clearing times roll!


About Labor Relations INK

Labor Relations INK is published weekly and is edited by LRI Consulting Services, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


If you use content from this newsletter, please attribute it to LRI Consulting Services, Inc. and include our website: http://www.LRIonline.com 


Contributing editors for this issue: Greg Kittinger, Michael VanDervort, and Kimberly Ricci.


You are receiving this email because you subscribed to receive our labor relations newsletters and updates. You can manage your email preferences by clicking the link at the bottom of any of our email communications.


About LRI Consulting Services, Inc.

LRI Consulting Services, Inc. exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 40 years, LRI Consulting Services, Inc. has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

 

Share