Tesla Fails in Challenge to NLRB Ruling on Musk Union Tweet

March 31, 2023, 7:20 PM UTC

Tesla Inc. lost its legal challenge to an NLRB decision that company CEO Elon Musk’s tweet saying workers would lose stock options if they unionized was a threat that violated federal labor law.

The per curiam decision from the US Court of Appeals for the Fifth Circuit Friday gives a boost to the National Labor Relations Board’s efforts to police anti-union comments from high-profile figures opining on social media.

By contrast, the Third Circuit in May struck down a board ruling against the publisher of conservative online magazine the Federalist for tweeting that he’d send workers “back to the salt ...

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