A National Labor Relations Board (NLRB) regional official recently dismissed claims that Tesla illegally fired employees at a Buffalo, N.Y., factory in order to stop union organizing.
In February, employees filed a complaint, alleging the carmaker terminated dozens of workers in retaliation for their union activity.
Tesla did not respond to a request for comment. We’ve collected a group of articles on the news from SHRM Online and other trusted sources.
Two Claims Remain
The labor union Workers United claimed that within days of announcing a union campaign earlier this year, Tesla fired dozens of workers from its Autopilot software department. Tesla said the firings were based on performance reviews and not tied to union activity.
The NLRB official found merit to two separate claims that Tesla maintained an unlawful rule on the acceptable use of technology in the workplace and solicited grievances from workers in an attempt to thwart support for the union.
(Reuters)
Allegations of Surveillance and Interrogations
The union alleged Tesla violated the National Labor Relations Act (NLRA) in other ways, including engaging in surveillance of employees and interrogating employees about the union, but those allegations were dismissed.
The union will appeal the dismissed charges to the NLRB general counsel's Office of Appeals in Washington, D.C., said Michael Dolce, an attorney for the union. An appeal must be filed by Dec. 8. If the parties don't settle, the NLRB will issue a complaint resulting in a hearing with an administrative law judge.
Tesla CEO Elon Musk has spoken out against unions, and unions have unsuccessfully attempted to organize workers at the company’s facilities. Employees at Ford, General Motors and Stellantis are represented by the United Auto Workers (UAW).
Other Practices Challenged
The latest dispute is part of a broader national movement to unionize Tesla facilities, a campaign that has seen multiple complaints filed against the company for alleged anti-union tactics. Despite the dismissal of this specific case, the NLRB found that Tesla had violated federal laws through other workplace practices, including a ban on audio recordings, according to Dolce.
(CBT News)
California Case
In March, the 5th U.S. Circuit Court of Appeals ruled that Tesla violated the NLRA when it fired a union supporter in California 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 the UAW became Tesla's union. Later, the full 5th U.S. Circuit Court of Appeals agreed to rehear a 5th Circuit panel's decision.
It’s illegal for companies to question employees about their union activities, threaten workers who unionize, or make false statements to workers about unionization. It’s also unlawful for businesses to discriminate or retaliate against individuals because of their union activities.
(SHRM Online and SHRM Online)
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