The case arose amid UAW organizing efforts at aOn May 20, 2018, Musk tweeted: “Nothing stoppingteam at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues and give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare.”
The 5th Circuit panel ruled in March that “substantial evidence supports the NLRB’s conclusion that the tweet is as an implied threat to end stock options as retaliation for unionization.” The panel also said there was evidence that the terminated employee “was fired for lying about protected union activity and not related to his job performance orThe 5th Circuit currently has 16 full-time judges and one vacancy, pending Senate confirmation of a judge nominated by President Joe Biden.by former President Bill Clinton and now has part-time senior status; Leslie Southwick, nominated by former President George H.W. Bush; and Cory Wilson, nominated by former President Donald Trump.