Tesla accused by NLRB of creating policies to chill workers’ unionizing efforts in Buffalo

Tesla
is
being
accused
of
taking
steps
to
keep
employees
in
Buffalo,
New
York,
from
unionizing,
according
to
a
complaint
from
the
National
Labor
Relations
Board.

On
Tuesday,
the
NLRB’s
regional
director
for
Buffalo,
Linda
Leslie,
filed
the
complaint.
In
it,
she
said
Tesla “promulgated
and
maintained,”
an
acceptable
use
policy
for
workplace
technology
in
2023
that
was
meant
to “discourage
its
employees
from
forming,
joining,
or
assisting
the
Union
or
engaging
in
other
concerted
activities,”
after
allegations
were
raised
by
members
of
Workers
United.

CNBC
obtained
a
copy
of
the
complaint
through
a
Freedom
of
Information
Act
request.

The
policy
restricted
Tesla
workers
from “recording,
unauthorized
solicitating
[sic]
or
promoting,”
and “creating
channels
and
distribution
lists,”
among
other
things,
the
complaint
said.

The
NLRB
also
claims
the
policy
had
the
effect
of “interfering
with,
restraining,
and
coercing
employees
in
the
exercise
of
rights
guaranteed”
under
the
National
Labor
Relations
Act,
which
generally
protects
workers’
rights
to
discuss
organizing,
join
a
union,
and
collectively
negotiate
for
better
pay
and
working
conditions.

The
Tesla
Buffalo
plant
was
supposed
to
manufacture
solar
panels,
but
has
been
used
more
recently
to
assemble
electric
vehicle
charging
equipment,
and
to
house
a
team
of
AI
software
data
labelers.

Last
month,
the
Buffalo
plant
was
home
to
a

number
of
job
cuts
put
in
place
as
part
of
a
broader
restructuring
at
the
electric
vehicle
company.
According
to
a WARN
notice
filed in
the
state,
Tesla
is
laying
off
285
employees
in
the
state
of
New
York,
mostly
at
the
Buffalo
factory.
The
company
is
eliminating
thousands
of
jobs
worldwide
after
declining
EV
sales
in
the
first
quarter.

Tesla
and
CEO

Elon
Musk
have
clashed
with
union
proponents
for
years
and
were
found
to
have
engaged
in
union-busting.
In
2021,
the
NLRB
decided
that Tesla violated
labor
laws
when
it
fired
a
union
activist,
and
when
Musk wrote
on
Twitter in
2018: “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?”

An
administrative
court
ordered
the
CEO
to
remove
the
post.
Tesla
challenged
the
order
but
its
petition
for
review
was
denied.
The
post
in
question

remains
on
Musk’s
X
account,
where
he
has
182.7
million
listed
followers.

Tesla
has
also
faced
workers’
rights
challenges
in
Europe.
Last
year,
Swedish
service
technicians

began
a
strike
that
continues
today,
with
the
labor
group
allowing
for
some
authorized
work
to
take
place
at
times.
The
employees
in
Sweden,
where
a
majority
of
the
workplace
is
involved
in
unions,
are
seeking
a
collective
bargaining
agreement
with
Tesla.

Tesla
didn’t
immediately
respond
to
a
request
for
comment.

Read
the
complaint

here: