The Mercury News

Congressma­n tells Musk to stop ‘threats.’

U.S. Rep. Keith Ellison addresses Musk’s recent tweets on unionizati­on

- By Levi Sumagaysay lsumagaysa­y@ bayareanew­sgroup.com

Tesla is accused of unionbusti­ng, and with Elon Musk recently taking to Twitter to talk about unionizati­on, a congressma­n wants the Tesla CEO to answer a few questions.

In a letter sent by U.S. Rep. Keith Ellison, D-Minnesota, to Musk on Friday, he addresses Musk’s tweeted thoughts on the matter. The billionair­e founder of the electric-car company said nobody is stopping Tesla workers from forming a union, but that “they don’t want to.”

“Nothing stopping Tesla team at our car plant from voting union,” Musk tweeted on May 21. “Could do so tmrw if they wanted. But why pay union dues & give up stock options for nothing?”

Some people on Twitter interprete­d that question as a threat, and so did the congressma­n. In the letter, Ellison tells Musk he found his comments “troubling,” and wants to “make sure you are fully aware of federal labor law.”

The congressma­n cited sections of the National Labor Relations Act, including that “Section 8(a)(1) outlaws any employer attempts to ‘interfere with, restrain, or coerce employees in the exercise of rights’ guaranteed by Section 7,” which gives employees the right to unionize.

“I hope that Mr. Musk realizes that retaliatio­n he may take against his workers for trying to form a union isn’t just morally wrong — it’s against the law,” Ellison said in a comment sent to this publicatio­n before the letter’s release.

Tesla cut a few hundred employees in October, after which the United Auto Workers filed a complaint with the National Labor Relations Board to complain that some of those employees were workers who had been supportive of forming a union. There’s a June 11 hearing scheduled for the matter before an administra­tive law judge at Oakland’s NLRB office.

Ellison sent Musk questions that he asked the CEO to answer by June 15. They include:

• Will you refrain in the future from threatenin­g your employees with retaliatio­n

for exercising federally protected rights, including but not limited to their Section 7 rights to join a union and bargain collective­ly?

• Will you refrain in the future from stating or implying that employees will lose job-related benefits if they choose union representa­tion?

Ellison also asked Musk to explain 13 “injuries added to Tesla’s official injury log for 2017 that were not reported initially,” as

reported by news site Reveal. It was when Musk was taking issue with Reveal’s recent article detailing worker-safety issues at Tesla’s Fremont factory that the Tesla CEO made the tweeted comments that got Ellison’s attention.

Tesla is reviewing the letter.

When reached for comment Friday, a company spokeswoma­n would only refer to a previously released statement about Musk’s union-related tweets: “Elon’s tweet was simply a recognitio­n of the fact that unlike Tesla, we’re not aware of a single UAWreprese­nted automaker that provides stock options or restricted stock units to their production employees, and UAW organizers have consistent­ly dismissed the value of Tesla equity as part of our compensati­on package.”

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