A 2018 Twitter put up by Tesla CEO Elon Musk unlawfully threatened Tesla workers with the lack of inventory choices in the event that they determined to be represented by a union, a federal appeals courtroom dominated Friday.
The ruling by a three-judge panel of the fifth U.S. Circuit Courtroom of Appeals upheld a March 2021 order by the Nationwide Labor Relations Board, which ordered that the tweet be deleted. The case arose from United Auto Employees’ organizing efforts at a Tesla facility in Fremont, California.
Additionally upheld was the board’s order that Tesla reinstate and supply again pay to an worker who was fired for union-organizing exercise.
Musk tweeted on Might 20, 2018: “Nothing stopping Tesla workforce at our automobile plant from voting union. Might achieve this tmrw in the event that they needed. However why pay union dues and quit inventory choices for nothing? Our security document is 2X higher than when plant was UAW & everyone already will get healthcare.”
The ruling mentioned that “as a result of inventory choices are a part of Tesla’s workers’ compensation, and nothing within the tweet advised that Tesla could be pressured to finish inventory choices or that the UAW could be the reason for giving up inventory choices, substantial proof helps the NLRB’s conclusion that the tweet is as an implied risk to finish inventory choices as retaliation for unionization.”
Neither Tesla nor the UAW has responded to emailed requests for remark Friday afternoon.
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