Elon Musk is the newest member of the world. been accused of unlawfully threatening his Tesla employees. The facts date back to 2018, when the CEO had communicated on Twitter that if the workers had joined the union they would have lost their stock options. The Court of Appeal of the 5th circuit of the United States has done nothing but confirm the sentence that in the past had been issued by the National Labor Relations Board (NLRB).
This is the content of the offending tweet:
Nothing prevents the Tesla team in our car plant from having a union. […] But why? pay union dues and give up stock options for nothing? Our safety record is outstanding. twice as good as when the plant was under the UAW [United Automobile Workers, ed] and everyone already gets paid. health care.
THE DEFENSE AND THE ACCUSATION
The dispute is lasted five years: Tesla has always responded by stating that there was no threat in the tweet, as it clearly said that there were no bans on union membership. In the absence of the prohibition, in short, there could not even be a threat. The Court of Appeal has a completely different opinion:
Given that stock options are part of Tesla employee compensation and nothing in the tweet suggested that Tesla would be forced to end stock options or that the UAW would be the cause of the relinquishment of stock options, substantial evidence supports the ’ #39;NLRB that the tweet was “advertised”. an implied threat to end stock options in retaliation for unionization.
The court also ordered Tesla to reinstate a fired worker after he staged a union rally in Fremont at the Tesla plant. #39;company. Is not serious; the first time that a tweet costs Elon Musk legal problems: think, for example, of the message announcing Tesla's exit from the Wall Street Stock Exchange, costing him the charge of fraud by the Securities and Exchange Commission.
Opening image credits: Pixabay
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