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

The National Labor Relations Board has filed a complaint against Tesla for allegedly preventing unionization among employees in Buffalo, New York.

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

CNBC received a copy of the complaint using a Freedom of Information Act request.

The policy prohibited Tesla employees from “recording, unauthorized soliciting, or promoting,” as well as “creating channels and distribution lists,” according to the complaint.

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 designed to make solar panels, but it has recently been utilized to construct electric vehicle charging equipment and housing a staff of AI software data labelers.

Last month, a number of job losses were implemented at the Buffalo facility as part of the electric vehicle company’s overall restructuring. According to a WARN notice filed with the state, Tesla is cutting off 285 employees in New York, the majority of whom work at the Buffalo factory. Following a drop in EV sales in the first quarter, the business is laying off thousands of employees worldwide.

Tesla and CEO Elon Musk have been at odds with union supporters for years, and they were found to have violated labor laws. In 2021, the NLRB ruled that Tesla violated labor regulations when it fired a union activist and when Musk declared on Twitter in 2018: “Nothing stops the Tesla team at our car plant from voting union.” They could do it tomorrow, if they wanted. But why pay union dues and forfeit stock options for nothing?

An administrative court ordered the CEO to remove the post. Tesla appealed the order, but its motion for review was denied. The post in question remains on Musk’s X account, which has 182.7 million listed followers.

Tesla has also faced labor rights challenges in Europe. Last year, Swedish service technicians went on strike, which continues to this day, with the labor group allowing for some permitted work to be done on occasion. Employees in Sweden, where unions represent the bulk of the workforce, are seeking a collective bargaining deal with Tesla.

Tesla did not immediately respond to a request for comment.