Appeals Court Rules that NLRB Wrongly Silenced Musk - SHRM
The National Labor Relations Board (NLRB) in 2021 wrongfully ordered Tesla CEO Elon Musk to delete a 2018 tweet about negative possible consequences should Tesla workers unionize, the 5th U.S. Circuit Court of Appeals ruled Oct. 25. We’ve gathered articles on the news from SHRM and other outlets.
Tweet Deemed Free Speech
In a 9-8 vote, the 5th Circuit threw out an NLRB order that found the tweet was an unlawful threat. The tweet amounted to free speech protected by the U.S. Constitution’s First Amendment, the court concluded. Representatives for Tesla and the NLRB declined to comment.
(Reuters)
Decision Made by 5th Circuit Panel
The decision from an en banc panel of the 5th Circuit came after a three-judge 5th Circuit panel in 2023 upheld the NLRB’s decision. But a majority of active-status judges granted the company’s request for an en banc rehearing by the full 5th Circuit a few months later.
“The NLRB erred in ordering the deletion of Musk’s speech as a remedy for unfair labor practices,” the majority said. “That alone is enough to vacate its order, so we do not reach the merits of whether the tweet constituted an NLRA [National Labor Relations Act] violation.”
NLRB Targeted Former Starbucks CEO’s Comment
The NLRB has sought to clamp down on other CEO speech that it’s deemed threatening to union supporters. The NLRB recently ruled that former Starbucks interim CEO Howard Schultz violated the NLRA by telling a pro-union worker they could go work...
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