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Article

26 Mar 2021

Author:
Kris LaGrange, Ucomm Blog

USA: NLRB finds Tesla guilty of violating federal labour law following dismissal of worker for union organising & Elon Musk tweet threatening to remove benefits from unionised workers

“Tesla Found Guilty of Unionbusting”, 26 March 2021

In 2018, Tesla CEO Elon Musk wrote on Twitter “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues & give up stock options for nothing?”…

… [The NLRB] has found that Musk not only violated federal labor law with that tweet but that he also illegally fired an employee, Richard Ortiz for protected union activity…

In their decision, the NLRB found that Musk’s tweet went above a typical statement that the company wants to stay union-free and was seen as threatening… It is illegal to threaten to take away pay or benefits from workers if they are found to be organizing a union.

In their decision, the NLRB ordered Tesla to offer Ortiz his job back and compensate him for lost earnings, benefits, and any adverse tax consequences that resulted from his firing…

The NLRB is also requiring Tesla to post notices nationwide and hold meetings at their main US car plant in Freemont to inform workers of their protected rights. At these meetings, Musk or a “board agent” in the presence of Musk, will have to read the notice to workers, including security guards, managers, and supervisors.

“This is a great victory for workers who have the courage to stand up and organize in a system that is currently stacked heavily in favor of employers like Tesla who have no qualms about violating the law,” said UAW Vice President Cindy Estrada, Director of the UAW Organizing Department…