The National Council of Labor Relations also determined that Tesla violated labor laws when it fired a union activist.
The order came as part of Tesla’s appeal of a 2019 ruling by an administrative judge in a years-long legal battle between the company and the United Auto Workers Union.
And theWrote CEO via Twitter in 2018: Nothing prevents the Tesla team at our auto plant from voting, and they can do it tomorrow if they want to, but why pay Etihad dues and give up stock options for nothing.
Tesla should also post a notice at its nationwide factories addressing the illegal tweet, and hold a meeting at Fremont’s main auto plant to inform workers of their protected rights.
At the meeting, Musk himself or a board representative in Musk’s presence must read this notice to workers, along with security guards, managers, and supervisors.
Among other things, the federal agency directed Tesla to offer a job to the employee who was fired, Richard Ortiz, and it must compensate him for the loss of profits, benefits and negative tax consequences that resulted from his dismissal.
The employee was part of an organized campaign, “Tesla’s Just Future,” and Tesla said at the time of the campaign: its business must remain free of unions.
But Musk’s public comments through his Twitter account, where he has tens of millions of followers, were considered a threat, and Tesla considers Musk’s tweets an official contact for the company, as shown in its financial files.
Tesla should also review its employee confidentiality agreement, as the company previously informed employees that they are not permitted to speak to the media without express written permission.
However, the National Labor Law protects employees when they speak to the media about working conditions, labor disputes, or other terms and conditions of employment, as noted by the National Council on Labor Relations.