Takeaway: Regarding Musk's post, the court found that, while Musk later tried to explain his statement by saying the United Auto Workers' bargaining would likely cause a loss of stock options, he did not clarify this at the time. The statement, standing alone, could be objectively read as a threat to withdraw stock options if the union were elected.
The United Auto Workers (UAW) established that Tesla violated the National Labor Relations Act (NLRA) when it fired a union supporter for making a disparaging posting about a nonunion coworker, and when CEO Elon Musk tweeted that employees might not continue to have stock options if UAW became Tesla's union, the 5th U.S. Circuit Court of Appeals recently held.
Tesla Inc. is a technology and design corporation with a car manufacturing facility in Fremont, Calif. In the summer of 2016, a Tesla employee reached out to UAW to unionize Tesla employees. As part of the unionization effort, the UAW created a voluntary organizing committee of employees who acted as union organizers. As part of the UAW campaign at Tesla, employees who supported unionization leafleted, distributed union paraphernalia, and brought union jackets and shirts into work. In February 2017, an employee posted an online article describing safety conditions and wages of Tesla and advocating unionization.
In September 2017, three Tesla employees, including one who was not a union supporter, went to the California legislature at the behest of Tesla to testify in a...
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