In 2021, the National Labor Relations Board found that Tesla and CEO Elon Musk had violated labor laws. …
At the center of the case were tweets made by Musk, threatening to remove stock options from employees who joined a labor union. …
One employee, Richard Ortiz, was fired from the company for organizing union activity and collective bargaining efforts on behalf of Tesla employees.
Ortiz was found to have been wrongfully fired from Tesla by the National Labor Relations Board and was ordered to be re-hired, with back pay.
Tesla appealed the decision to the Fifth Circuit Court of Appeals, which upheld the original recommendations of the NLRB.
Here’s more on the story:
Elon Musk broke law with threat to Tesla workers’ stock options if they join union
Appeal judges uphold previous ruling, citing ‘implied threat’ in CEO’s tweet directed at Fremont employees who wanted to join union
Read opinion by Fifth Cir.https://t.co/72OVzeMuld
— lawsinusa (@lawsinusa) April 1, 2023
https://twitter.com/newsoneplace/status/1642213606367297536
According to The Hill:
Ortiz was involved in unionizing efforts at Tesla’s manufacturing plant in Fremont, Calif. After three Tesla employees testified before the California state legislature in opposition to pro-union legislation at the behest of the company, Ortiz shared information about those employees in a private union Facebook group.
Tesla has just lost this appeal. I will link the case soonish. https://t.co/lD3Hzzesrc
— Raffi Melkonian (@RMFifthCircuit) March 31, 2023
The Guardian confirmed:
In Friday’s case, Tesla had argued that the tweet about unionising was not a threat and merely reflected the fact that union workers at other auto companies did not receive stock options.
But a three-judge panel disagreed.
“Substantial evidence supports the NLRB’s conclusion that the tweet is an implied threat to end stock options as retaliation for unionization,” the panel wrote.
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