EMPLOYERS CANNOT SEND TEXTS IN AN ELECTION THAT INTERROGATE OR THREATEN EMPLOYEES
November 11, 2024
Tesla, Inc., Board Case No. 32-CA-197020, reported at 370 NLRB No. 101 (5th Cir. decided October 25, 2024
1. Employers should note that the weekly emails that are being sent from H. Sanford Rudnick & Associates are current cases at the NLRB.
2. Since the passage of Cemex at the NLRB in December 2023, the NLRB has become more aggressive in finding Employers have violated the NLRB Act during elections. For example, at Telsa during an election, the UAW is trying to get the NLRB to order Tesla to bargain with their Union when Tesla used texts that threatened and interrogated it’s Employees.
3.The NLRB had found that Tesla committed a litany of unfair labor practices when it unlawfully responded to its employees’ organizing efforts by repeatedly coercing, threatening, and discriminating against them.
4. Among other violations, the Board found that Tesla violated Section 8(a)(1) by coercively interrogating employees on five occasions, threatening them in a “tweet” issued by its CEO with the loss of stock options if they unionized, and maintaining a confidentiality agreement that employees would reasonably interpret to interfere with protected activity, and restricting their use of the company’s messaging-and-data program in response to protected activity.
5.The Board also found that Tesla violated Section 8(a)(3) and (1) by discharging one key employee organizer, and warning another.
6. The Board adopted the Administrative Law Judge’s findings that Tesla violated Section 8(a)(1) by twice interfering with its employees’ distribution of union leaflets, prohibiting employees from distributing union materials, and threatening them with discharge if they did, and threatening that unionization would be futile.
7.If your company needs assistance in an Election not to violate the Act and be ordered to bargain with a union, by using texts to threaten or interrogate its employees, please contact H. Sanford Rudnick & Associates at 1-800-326-3046.
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
Sanford Rudnick has gotten this book into many law schools around the country such as Harvard and USC Law School.
Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
Sanford Rudnick uses these principles in these books to win elections and to resolve charge at the NLRB. Call H. Sanford
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IF YOU NEED ASSISTANCE IN CONDUCTING AN ELECTION MEETING, PLEASE CALL:
H. Sanford Rudnick JD: 1 800-326-3046

H. Sanford Rudnick & Associates is a full-service Labor Relations firm with 40 years of experience in negotiating union contracts, NLRB matters and all human resource matters. In fact, Mr. Rudnick has written a book called "Fundamentals of Labor Law Regarding Unions" which includes a summary on the National Labor Relations Board and Unions which is at Harvard Law School Library and other law schools around the country. Call to purchase your copy at for $29.95 800.326.3046.
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