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Court rules Musk doesn’t have to delete 2018 anti-union Tesla tweet

Credit: Tesla

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A federal appeals court this week sided with Elon Musk, ruling that the National Labor Relations Board (NLRB) overstepped its authority when requiring the Tesla CEO to delete a 2018 tweet regarding unionization and the potential for workers to lose their stock options.

On Friday, the fifth U.S. Circuit Court of Appeals in New Orleans ruled that Musk’s 2018 tweet is constitutionally protected speech, noting that the CEO will not be required to be deleted, as detailed in a report from Bloomberg. The appeals court ruling follows an order from a three-judge panel in the circuit court last year, originally ruling that Musk has to delete the tweet.

“We hold that Musk’s tweets are constitutionally protected speech and do not fall into the categories of unprotected communication like obscenity and perjury,” the court ruled.

“Deleting the speech of private citizens on topics of public concern is not a remedy traditionally countenanced by American law,” the court added.

In the original tweet, Musk writes that there is “nothing stopping Tesla team at our car plant from voting union,” noting that they could as soon as the following day if they wanted to. “But why pay union dues and give up stock options for nothing,” the CEO adds in the tweet.

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You can see the full tweet in question below.

Although the court did rule that the tweet does not have to be deleted, the court did not respond as to whether Musk illegally threatened Tesla workers in the tweet, as was initially claimed by the NLRB.

Many of the judges on the board dissented the ruling, claiming that it “says zip about whether the NLRB is entitled to enforcement of seven uncontested Tesla labor violations,” and ignoring “whether Musk’s tweet was an unfair labor practice.”

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The decision also calls into question the extent to which the NLRB and other federal agencies can challenge employer speech.

Musk has expressed multiple similar sentiments in the past, especially highlighting the multiple corruption scandals faced by the United Automotive Workers (UAW) in the past several years. In a follow-up to the original tweet, Musk also notes that the “UAW did nada for job security in last recession,” adding that the union “dropped Fremont like a hot potato to protect their core base in Detroit.”

In 2022, Musk encouraged the UAW to hold a unionization vote at its Fremont factory, though the union hasn’t yet held a vote at the companies’ factories.

“I’d like hereby to invite UAW to hold a union vote at their convenience,” Musk wrote. “Tesla will do nothing to stop them.”

Last November, the UAW officially launched a union drive at Tesla and 12 other automakers, following a historic, six-week strike against the Big Three, Ford, General Motors (GM), and Dodge-Chrysler parent company Stellantis that garnered record pay increases. During the same month, the same appeals court also ruled that Tesla could legally ban union shirts on the production line.

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Musk responds to UAW labor charges following call with Trump

What are your thoughts? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

Zach is a renewable energy reporter who has been covering electric vehicles since 2020. He grew up in Fremont, California, and he currently lives in Colorado. His work has appeared in the Chicago Tribune, KRON4 San Francisco, FOX31 Denver, InsideEVs, CleanTechnica, and many other publications. When he isn't covering Tesla or other EV companies, you can find him writing and performing music, drinking a good cup of coffee, or hanging out with his cats, Banks and Freddie. Reach out at zach@teslarati.com, find him on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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Tesla China delivery centers look packed as 2025 comes to a close

Needless to say, it appears that Tesla China seems intent on ending 2025 on a strong note.

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Credit: @Tslachan/X

Tesla’s delivery centers in China seem to be absolutely packed as the final days of 2025 wind down, with photos on social media showing delivery locations being filled wall-to-wall with vehicles waiting for their new owners. 

Needless to say, it appears that Tesla China seems intent on ending 2025 on a strong note.

Full delivery center hints at year-end demand surge

A recent image from a Chinese delivery center posted by industry watcher @Tslachan on X revealed rows upon rows of freshly prepared Model Y and Model 3 units, some of which were adorned with red bows and teddy bears. Some customers also seem to be looking over their vehicles with Tesla delivery staff. 

The images hint at a strong year-end push to clear inventory and deliver as many vehicles as possible. Interestingly enough, several Model Y L vehicles could be seen in the photos, hinting at the demand for the extended wheelbase-six seat variant of the best-selling all-electric crossover. 

Strong demand in China

Consumer demand for the Model Y and Model 3 in China seems to be quite notable. This could be inferred from the estimated delivery dates for the Model 3 and Model Y, which have been extended to February 2026 for several variants. Apart from this, the Model Y and Model 3 also continue to rank well in China’s premium EV segment

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From January to November alone, the Model Y took China’s number one spot in the RMB 200,000-RMB 300,000 segment for electric vehicles, selling 359,463 units. The Model 3 sedan took third place, selling 172,392. This is quite impressive considering that both the Model Y and Model 3 are still priced at a premium compared to some of their rivals, such as the Xiaomi SU7 and YU7. 

With delivery centers in December being quite busy, it does seem like Tesla China will end the year on a strong note once more. 

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Tesla Giga Berlin draws “red line” over IG Metall union’s 35-hour week demands

Factory manager André Thierig has drawn a “red line” against reducing Giga Berlin’s workweek to 35 hours, while highlighting that Tesla has actually increased its workers’ salaries more substantially than other carmakers in the country.

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(Credit: Tesla)

Tesla Giga Berlin has found itself in a new labor dispute in Germany, where union IG Metall is pushing for adoption of a collective agreement to boost wages and implement changes, such as a 35-hour workweek. 

In a comment, Giga Berlin manager André Thierig drew a “red line” against reducing Giga Berlin’s workweek to 35 hours, while highlighting that Tesla has actually increased its workers’ salaries more substantially than other carmakers in the country.

Tesla factory manager’s “red line”

Tesla Germany is expected to hold a works council election in 2026, which André Thierig considers very important. As per the Giga Berlin plant manager, Giga Berlin’s plant expansion plans might be put on hold if the election favors the union. He also spoke against some of the changes that IG Metall is seeking to implement in the factory, like a 35-hour week, as noted in an rbb24 report. 

“The discussion about a 35-hour week is a red line for me. We will not cross it,” Theirig said.  

“(The election) will determine whether we can continue our successful path in the future in an independent, flexible, and unbureaucratic manner. Personally, I cannot imagine that the decision-makers in the USA will continue to push ahead with the factory expansion if the election results favor IG Metall.”

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Giga Berlin’s wage increase

IG Metall district manager Jan Otto told the German news agency DPA that without a collective agreement, Tesla’s wages remain significantly below levels at other German car factories. He noted the company excuses this by referencing its lowest pay grade, but added: “The two lowest pay grades are not even used in car factories.”

In response, Tesla noted that it has raised the wages of Gigafactory Berlin’s workers more than their German competitors. Thierig noted that with a collective agreement, Giga Berlin’s workers would have seen a 2% wage increase this year. But thanks to Tesla not being unionized, Gigafactory Berlin workers were able to receive a 4% increase, as noted in a CarUp report. 

“There was a wage increase of 2% this year in the current collective agreement. Because we are in a different economic situation than the industry as a whole, we were able to double the wages – by 4%. Since production started, this corresponds to a wage increase of more than 25% in less than four years,” Thierig stated. 

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Tesla is seeing a lot of momentum from young Koreans in their 20s-30s: report

From January to November, young buyers purchased over 21,000 Teslas, putting it far ahead of fellow imported rivals like BMW and Mercedes-Benz.

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Tesla has captured the hearts of South Korea’s 20s-30s demographic, emerging as the group’s top-selling imported car brand in 2025. From January to November, young buyers purchased over 21,000 Teslas, putting it far ahead of fellow imported rivals like BMW and Mercedes-Benz. 

Industry experts cited by The Economist attributed this “Tesla frenzy” to fandom culture, where buyers prioritize the brand over traditional car attributes, similar to snapping up the latest iPhone.

Model Y dominates among young buyers

Data from the Korea Imported Automobile Association showed that Tesla sold 21,757 vehicles to the 20s-30s demographic through November, compared to BMW’s 13,666 and Mercedes-Benz’s 6,983. The Model Y led the list overwhelmingly, with variants like the standard and Long Range models topping purchases for both young men and women.

Young men bought around 16,000 Teslas, mostly Model Y (over 15,000 units), followed by Model 3. Young women followed a similar pattern, favoring Model Y (3,888 units) and Model 3 (1,083 units). The Cybertruck saw minimal sales in this group.

The Model Y’s appeal lies in its family-friendly SUV design, 400-500 km range, quick acceleration, and spacious cargo, which is ideal for commuting and leisure. The Model 3, on the other hand, serves as an accessible entry point with lower pricing, which is valuable considering the country’s EV subsidies.

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The Tesla boom

Experts described Tesla’s popularity as “fandom culture,” where young buyers embrace the brand despite criticisms from skeptics. Professor Lee Ho-geun called Tesla a “typical early adopter brand,” comparing purchases to iPhones.

Professor Kim Pil-soo noted that young people view Tesla more as a gadget than a car, and they are likely drawn by marketing, subsidies, and perceived value. They also tend to overlook news of numerous recalls, which are mostly over-the-air software updates, and controversies tied to the company.

Tesla’s position as Korea’s top import for 2025 seems secured. As noted by the publication, Tesla’s December sales figures have not been reported yet, but market analysts have suggested that Tesla has all but secured the top spot among the country’s imported cars this year. 

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