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Elon Musk tweet ruled illegal by appeals court

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A Tweet from Tesla CEO Elon Musk has been ruled illegal by the 5th U.S. Circuit Court of Appeals.

Of all the current Tesla Gigafactories, perhaps none have been surrounded by as much controversy as the Fremont plant. Most recently, the plant has been investigated for racial bias, originally stemming from a claim made by an African American employee at the facility. Now, only adding controversy to the California facility, Tesla CEO Elon Musk’s comments regarding its unionization efforts have been deemed illegal by a second court.

The ruling, initially reported by Reuters, upholds the previous ruling from the U.S. National Labor Relations Board, stating that Elon Musk’s comments regarding stock options for unionized employees were illegal.

Specifically, before being deleted as part of the initial ruling, Musk’s 2018 Tweet read:

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“Nothing stopping Tesla team at our car plant from voting union … But why pay union dues & give up stock options for nothing?”

The tweet was issued in response to a UAW-sponsored unionization effort at the Fremont facility, though the Tesla facility has remained un-unionized since then.

In defense of the Tweet, Elon Musk argued that he was sharing an observation of other automakers, seeing as workers at other unionized locations do not receive stock options. Nonetheless, the court viewed the tweet as a valid threat. It noted, “Substantial evidence supports the NLRB’s conclusion that the tweet is an implied threat to end stock options as retaliation for unionization.”

Ironically, this is not the only anti-unionization case that Tesla is currently appealing, though the results of the second lawsuit have not yet been finalized. Last year, Tesla allegedly prevented workers from wearing shirts supporting a unionization effort at the Fremont plant. An initial ruling ruled against the automaker; Tesla is appealing the decision.

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More recently, Elon Musk has called the UAW to hold a second unionization effort at the facility, with Elon Musk saying in 2022 that Tesla would not interfere with the action.

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As Tesla grows its production capacity and workforce, it will likely face an increasing unionization effort, especially outside the United States, where union sentiments are typically stronger. Nonetheless, it remains unclear how Tesla will face unionization efforts in the future, but hopefully, workers and Tesla leadership can come to a peaceful settlement.

What do you think of the article? Do you have any comments, questions, or concerns? Shoot me an email at william@teslarati.com. You can also reach me on Twitter @WilliamWritin. If you have news tips, email us at tips@teslarati.com!

Will is an auto enthusiast, a gear head, and an EV enthusiast above all. From racing, to industry data, to the most advanced EV tech on earth, he now covers it at Teslarati.

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Elon Musk

Elon Musk estimates Tesla Semi could reach Europe next year

“We’ve got the Tesla Semi coming out, the heavy truck, and that’ll be going to Europe hopefully next year,” Musk said.

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Credit: Tesla

Tesla is preparing to expand its all-electric Semi truck program to Europe, with CEO Elon Musk indicating that the Class 8 vehicle could arrive in the region 2027.

Musk shared his update during an interview about Giga Berlin with plant manager André Thierig, which was posted on X by the official Tesla Manufacturing account.

“We’ve got the Tesla Semi coming out, the heavy truck, and that’ll be going to Europe hopefully next year,” he said.

Tesla has already begun limited production and customer deployments of the Tesla Semi in the United States, with the company working to scale output through the Semi factory near Giga Nevada. Considering Musk’s comments, it appears that a European rollout would be the next phase of the vehicle’s expansion beyond North America.

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Musk’s use of the word “hopefully” leaves room for flexibility, but the remark signals that Europe is next in Tesla’s commercial expansion plans.

Musk has consistently argued that electrification should extend beyond passenger vehicles. During the same interview, he reiterated his view that “all ground transport should be electric,” adding that ships, and eventually aircraft, would follow.

The Semi plays a central role in that strategy. Heavy-duty freight remains one of the most emissions-intensive segments of road transport, and European regulators have increasingly pushed for lower-emission commercial fleets. 

Tesla recently refreshed the Semi lineup on its official website, listing two variants: Standard and Long Range. The Standard trim offers up to 325 miles of range with an energy consumption rating of 1.7 kWh per mile, while the Long Range version provides up to 500 miles, which should be more than ample for European routes.

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Elon Musk

Tesla Cybercab coming next to Giga Berlin, Optimus possibly after

“From a next major product standpoint, I think most likely is the Tesla Cybercab,” Musk said.

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Credit: Cybercab

Tesla could add the Cybercab and Optimus humanoid robot to the production lineup at Giga Berlin, as per recent comments from CEO Elon Musk. 

During a recent interview with Giga Berlin plant manager André Thierig, Musk identified the Cybercab as the most likely next major product for the German factory, with Optimus potentially following after.

“From a next major product standpoint, I think most likely is the Tesla Cybercab,” Musk said. He added that there are also “possibilities of Tesla Optimus” being produced in the facility.

Tesla has already begun production of the Cybercab in Giga Texas, with volume production expected to ramp this year. Based on Musk’s comments, it appears that if conditions align in Europe, Giga Berlin could eventually join that effort.

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The CEO’s comments about Optimus coming to Gigafactory Berlin are quite unsurprising too considering that Musk has mentioned in the past that the humanoid robot will likely be Tesla’s highest volume product in the long run. 

Giga Berlin will likely be able to produce mass volumes of Optimus, as the Model S and Model X lines being converted to an Optimus line in the Fremont Factory are already expected to produce 1 million units of the humanoid robot annually. 

Apart from his comments about the Cybercab and Optimus, Elon Musk also confirmed that Giga Berlin has started ramping battery cell production and will continue expanding Model Y output, particularly as supervised Full Self-Driving (FSD) gains regulatory approvals in Europe.

Taken together, the remarks suggest Berlin’s role could evolve beyond vehicle assembly into a broader multi-product manufacturing hub, not just a regional Model Y plant.

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Tesla Powerwall distribution expands in Australia

Inventory is expected to arrive in late February and official sales are expected to start mid-March 2026.

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Credit: Tesla

Supply Partners Group has secured a distribution agreement for the Tesla Powerwall in Australia, with inventory expected to arrive in late February and official sales beginning in mid-March 2026.

Under the new agreement, Supply Partners will distribute Tesla Powerwall units and related accessories across its national footprint, as noted in an ecogeneration report. The company said the addition strengthens its position as a distributor focused on premium, established brands.

“We are proud to officially welcome Tesla Powerwall into the Supply Partners portfolio,” Lliam Ricketts, Co-Founder and Director of Innovation at Supply Partners Group, stated.

“Tesla sets a high bar, and we’ve worked hard to earn the opportunity to represent a brand that customers actively ask for. This partnership reflects the strength of our logistics, technical services and customer experience, and it’s a win for installers who want premium options they can trust.”

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Supply Partners noted that initial Tesla Powerwall stock will be warehoused locally before full commercial rollout in March. The distributor stated that the timing aligns with renewed growth momentum for the Powerwall, supported by competitive installer pricing, consumer rebates, and continued product and software updates.

“Powerwall is already a category-defining product, and what’s ahead makes it even more compelling,” Ricketts stated. “As pricing sharpens and capability expands, we see a clear runway for installers to confidently spec Powerwall for premium residential installs, backed by Supply Partners’ national distribution footprint and service model.”

Supply Partners noted that a joint go-to-market launch is planned, including Tesla-led training for its sales and technical teams to support installers during the home battery system’s domestic rollout.

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