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Tesla is allowed to ban union shirts on production line, says appeals court

(Credit: Tesla)

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A federal appeals court has ruled that Tesla is allowed to ban workers from wearing union shirts on the production line after the National Labor Relations Board (NLRB) claimed last year that the automaker broke labor laws in doing so.

The U.S. Court of Appeals for the Fifth Circuit ruled on Tuesday that Tesla’s ban of union shirts on production lines is not in violation of federal labor laws, which officially nullifies the NLRB decision from last year (via Bloomberg Law).

The court also said that Tesla’s “Team Wear” uniform policy was advancing a legitimate employer interest, adding that it didn’t hinder union communications, nor did it affect time spent away from the job. In addition, the court echoed Tesla’s claim that the NLRB’s initial ruling was “irrational,” saying that this particular case doesn’t go against the workers’ right to unionize under the National Labor Relations Act (NLRA).

“We agree with Tesla,” the appeals court writes in the ruling, regarding Tesla’s claim that the NLRB irrationally called the ban unlawful. “The NLRA does not give the NLRB the authority to make all company uniforms presumptively unlawful. We grant Tesla’s petition for review, deny the NLRB’s application for enforcement, and vacate the Board’s decision.”

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In the document, the court reiterates that Tesla argued team members wearing United Auto Workers (UAW) shirts in general assembly at the Fremont factory caused “mutilations” to produced vehicles, which was the initial cause of the uniform change in 2017. Although Tesla workers couldn’t wear non-uniform clothing that would risk mutilation, the company’s employees could wear approved clothes with smaller union stickers.

Additionally, the court noted that Tesla said its approved uniforms would encourage “visual management,” easily letting team leads identify and distinguish various employees, including those in general assembly.

The ruling comes after Tesla urged the court to review the UAW- and NLRB-led claims of violations in September and after a long history of vocal opposition to the union from CEO Elon Musk.

Tesla’s Elon Musk invites UAW to hold a union vote “at their convenience”

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What are your thoughts? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send your tips to us 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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SpaceX secures win as US labor board drops oversight case

The NLRB confirmed that it no longer has jurisdiction over SpaceX.

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Credit: SpaceX

SpaceX scored a legal victory after the National Labor Relations Board (NLRB) decided to dismiss a case which accused the company of terminating engineers who were involved in an open letter against founder Elon Musk. 

The NLRB confirmed that it no longer has jurisdiction over SpaceX. The update was initially shared by Bloomberg News, which cited a letter about the matter it reportedly reviewed.

In a letter to the former employees’ lawyers, the labor board stated that the affected employees were under the jurisdiction of the National Mediation Board (NMB), not the NLRB. As a result, the labor board stated that it was dismissing the case.

As per Danielle Pierce, a regional director of the agency, “the National Labor Relations Board lacks jurisdiction over the Employer and, therefore, I am dismissing your charge.”

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The NMB typically oversees airlines and railroads. The NLRB, on the other hand, covers most private-sector employers, as well as manufacturers such as Boeing. 

The former SpaceX engineers have argued that the private space company did not belong under the NMB’s jurisdiction because SpaceX only offers services to “hand-picked customers.” 

In an opinion, however, the NMB stated that SpaceX was under its jurisdiction because “space transport includes air travel” to get to outer space. The mediation board also noted that anyone can contact SpaceX to secure its services.

SpaceX had previously challenged the NLRB’s authority in court, arguing that the agency’s structure was unconstitutional. Jennifer Abruzzo, the NLRB general counsel under former United States President Joe Biden, rejected SpaceX’s claims. Following Abruzzo’s termination under the Trump administration, however, SpaceX asked the labor board to reconsider its arguments. 

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SpaceX is not the only company that has challenged the constitutionality of the NLRB. Since SpaceX filed its legal challenge against the agency in 2024, other high-profile companies have followed suit. These include Amazon, which has filed similar cases that are now pending.

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Tesla accuses IG Metall member of secretly recording Giga Berlin meeting

The union has denied the electric vehicle maker’s allegations.

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Credit: Tesla Manufacturing/X

Police seized the computer of an IG Metall member at Tesla Giga Berlin on Tuesday amid allegations that a works council meeting was secretly recorded. 

The union has denied the electric vehicle maker’s allegations.

In a post on X, Gigafactory Berlin plant manager André Thierig stated that an external union representative from IG Metall attended a works council meeting and allegedly recorded the session. Thierig described the event as “truly beyond words.”

“What has happened today at Giga Berlin is truly beyond words! An external union representative from IG Metall attended a works council meeting. For unknown reasons he recorded the internal meeting and was caught in action! We obviously called police and filed a criminal complaint!” Thierig wrote in his post on X.

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Police later confirmed to local news outlet rbb24 that officers did seize a computer belonging to an IG Metall member at the Giga Berlin site on Tuesday afternoon. Tesla stated that employees had contacted authorities after discovering the alleged recording.

IG Metall denied Tesla’s accusations, arguing that its representative did not record the meeting. The union alleged that Tesla’s claim was simply a tactic ahead of upcoming works council elections.

The next works council election at Giga Berlin is scheduled for March 2 to 4, 2026. The facility’s management had confirmed the dates to local news outlets. The official announcement marks the start of the election process and campaign period.

Approximately 11,000 employees are eligible to participate in the vote.

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The previous works council election at the plant took place in 2024, and it was triggered by a notable increase in workforce size. Under German labor law, regular works council elections must be held every four years between March 1 and May 31.

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Elon Musk’s xAI plants flag in Bellevue AI hotspot

The lease places xAI’s new office in one of the region’s fastest-growing tech hubs.

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UK Government, CC BY 2.0 , via Wikimedia Commons

Elon Musk’s artificial intelligence company xAI has leased a full floor at Lincoln Square South in downtown Bellevue, WA, as per city permit filings. 

The lease places xAI’s new office in one of the region’s fastest-growing tech hubs.

Public records indicate that xAI leased roughly 24,800 square feet in Lincoln Square South. The location was previously occupied by video game company Epic Games. Lincoln Square South is part of the Bellevue Collection, which is owned by Kemper Development Co.

The lease was first referenced in January by commercial real estate firm Broderick Group, which noted that an unnamed tenant had secured the space, as stated in a report from the Puget Sound Business Journal. Later filings identified xAI as the occupant for the space.

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xAI has not publicly commented on the lease.

xAI hinted at plans to open an office in the Seattle area back in September, when the startup posted job openings with salaries ranging from $180,000 to $440,000. At the time, the company had narrowed its location search to cities on the Eastside but had not finalized a lease.

xAI’s Bellevue expansion comes as Musk continues consolidating his businesses. Last week, SpaceX acquired xAI in a deal that valued the artificial intelligence startup at $250 billion. SpaceX itself is now valued at roughly $1.25 trillion and is expected to pursue an initial public offering (IPO) later this year.

Musk already has a significant presence in the region through SpaceX, which employs about 2,000 workers locally. That initiative, however, is focused largely on Starlink satellite development.

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Bellevue has increasingly become a center for artificial intelligence companies. OpenAI has expanded its local office footprint to nearly 300,000 square feet. Data infrastructure firms such as Crusoe and CoreWeave have also established offices downtown.

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