Union busting or poor performance: Tesla job cuts spur NLRB complaint

Tesla is under scrutiny for its labour practices yet again. The timing couldn't be worse. The OEM is currently struggling to meet production targets for its most important model yet. It has also been forced to delay the launch of its new electric heavy truck and is reportedly deep in discussions with China for a local production plant. Now, on top of that it will soon face a hearing with the National Labour Relations Board (NLRB). The UAW has filed charges of unfair labour practices (ULB) against Tesla, specifying six infringements of guaranteed rights. Specifically, it claims that the manufacturer has sacked and in some cases disciplined employees for participating in pro-union activities or encouraging others to participate. Apparently, some workers have even found themselves in trouble for wearing something with the union logo. The sackings, which reportedly number 'in the hundreds', cover the spectrum of positions at the Fremont facility, from engineers to production workers and managers. Tesla maintains that the redundancies followed poor performance reviews. "At Tesla, we strive to be a fair and just company, the only kind worth being. Performance reviews result in promotions and occasionally in employee departures," the company told Automotive World."No one at Tesla has ever or will ever have any action taken against them based on their feelings on unionisation. It’s worth remembering that each year, roughly 20,000 ULPs are filed with the NLRB by unions like the UAW as an organising tactic." The UAW, however, counters that there were no indications of poor performance, noting: "Several pro-union employees have come forward with copies of their performance reports, which show no areas of concern." Protestors held a rally at Fremont on 24 October, joined by religious leaders, elected officials and community groups and more. The pro-union Facebook page A Fair Future at Tesla has been pushing for representation. "Over the last couple weeks Tesla has fired hundreds of workers. We need to form a union so we can hold Tesla accountable for actions like these, and it's really important right now to show that we have each other's backs," it states. The UAW has been stepping up efforts to organise at the Fremont plant, where labour practices came under the spotlight earlier this year when one worker, Jose Moran, began blogging about unfair treatment, poor pay and health and safety concerns. Chief Executive Elon Musk had previously accused the UAW of planting Moran in the facility as a mole to stir up trouble. UAW President Dennis Williams denied the charge, which he described as "bizarre" and uncharacteristic of Musk. "My first thoughts upon seeing the news Tesla fired hundreds of employees in Fremont was union busting. Tesla has a history of being very anti-union and the idea it could fire hundreds of people to slow down or try to avoid an organising drive is very possible," commented Art Wheaton, Director of labour and environmental programmes at Cornell University School of Industrial and Labor Relation. "The Unfair Labor Practice charge against Tesla has a reasonable chance of being confirmed by the NLRB. If the UAW can associate significant numbers of pro-union employees were targeted to be fired it certainly supports the ULP claim." The stress of trying to go from a luxury car producer of niche products to a mass production fully utilised plant is difficult in the best of times. Doing it while firing hundreds of people during an organising drive seems fishy The loss of hundreds of plant workers at this particular time raises some concerns. Tesla is far behind is production schedule with the ramp up of Model 3 production and Musk has referred to the struggle as 'production hell' more than once. "The stress of trying to go from a luxury car producer of niche products to a mass production fully utilised plant is difficult in the best of times. Doing it while firing hundreds of people during an organising drive seems fishy," Wheaton told Automotive World. He notes that the manufacturer has used anti-union tactics at its solar panel plant in Buffalo, New York, as well. "There is a pattern of anti-union activity and the stress of getting the Model 3 out the door has put a strain on Tesla in many areas. Hundreds - or more - are trying to get their deposits back due to production delays, health and safety concerns are well known," he added. It is now down to the NLRB to review the UAW's charge and determine whether an investigation is required. The results of that investigation could lead to an administrative hearing before a law judge, unless a settlement is agreed.

Union busting or poor performance: Tesla job cuts spur NLRB complaint

Tesla has terminated hundreds of employees - the question is whether the move was motivated by poor performance reviews or their participation in pro-union activities. By Megan Lampinen

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