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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.”

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.

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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”

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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Investor's Corner

Elon Musk drops a Thanksgiving hint about Starship’s biggest test yet

Elon Musk says Starship Flight 15 will try to catch the ship itself, a first.

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Elon Musk says SpaceX’s next Starship flight will try something nobody has done before, by catching the ship itself. Speaking to roughly 2,000 people at the X Takeover event at Giga Texas on Saturday, Musk said Flight 15 is about four to six weeks away and “probably launches a little bit before Thanksgiving, is my guess.”

That is a slip from earlier reporting, which had pointed to a launch as early as October 19. Musk explained why the date keeps moving. “We’re making a bunch of improvements to the rocket between every flight,” he said, adding that there are often hundreds, sometimes thousands, of small changes. This time the list is short, “but some of them take a fair bit of work and we’ve got to go inside the tank to make some of these changes.”

“We’re going to try to catch the ship, which is a super big deal,” Musk said. “If we do so, that’ll be the first time that there’s been full recovery of an orbital class rocket.” SpaceX has already caught the Super Heavy booster with the tower’s mechanical arms, and has talked about catching the ship since late 2025, but the upper stage has never been caught.

Musk also laid out what comes after. “The next big milestone would be to refly both the booster and the ship,” he said, describing a Flight 16 where “all parts of an orbital rocket are reflown.”

The reason SpaceX wants this comes down to cost and cadence. Every Starship ship so far has ended its flight in the ocean, and SpaceX expects most of those water landings to end in fireballs. A ship that returns to Starbase intact can be inspected and flown again. SpaceX’s IPO filing, says Starship V3 is designed to deliver 100 metric tons to orbit in a fully reusable configuration, that SpaceX aims to cut the cost to reach orbit by 99% or more versus the historical average, and that tower catches should allow “multiple launches per day.”

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The payoff goes beyond cheaper launches. The next generation Starlink V3 satellites are too large for Falcon 9 and can only fly on Starship, which can carry up to 60 per flight. Flight 14 on September 28 deployed the first 26 of them after Starship reached orbit despite an early engine shutdown, as Teslarati reported. Musk blamed engine computer software, and said the heat shield “was extremely robust,” which he claimed in August had solved Starship’s biggest challenge.

NASA’s Moon plans depend on the same capability. NASA’s inspector general has described a lander mission that needs a propellant depot in low Earth orbit and more than 10 tanker flights, with SpaceX targeting one tanker launch every six days. That schedule only works if ships and boosters come back fast and fly again. Also, ship to ship propellant transfer has not been attempted yet.

One interesting hurdle yet to be explored is bringing the ship back to the launch site, with reentry over land, which will undoubtedly come with a lot of aviation safety reviews.

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Lifestyle

Tesla’s mirrorless Cybercab will give riders a visibility upgrade

Tesla engineer confirms Cybercab update letting riders pull up rear and repeater cameras on demand.

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Tesla Cybercab camera visibility for passengers (Credit: Dan Burkland via X)
Tesla Cybercab camera visibility for passengers (Credit: Dan Burkland via X)

Tesla is working on a Cybercab update that would let passengers pull up the vehicle’s rear and side cameras on demand, and the request came straight from a rider.

The exchange played out on X late Friday. Cybercab rider Dan Burkland shared photos of the two-seater’s cabin screen after an evening ride, praised the UI team’s work, and left one request: let riders open the rear and repeater cameras whenever they want, “especially for peace of mind.” Tesla UI software engineer Evan (@CarCoder) answered with two words: “In development.”

The idea fits a pattern Teslarati has tracked since public rides began. Days after paid Cybercab service opened in Austin, Tesla sent riders a survey that asked them to rate the touchscreen, the app and the cabin, and to pick the features they wanted most. We reported on that survey in September, and a camera view is the kind of small software change Tesla can push quickly if riders keep asking.

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It also speaks to something unique about the vehicle. With no steering wheel, no pedals and no driver, passengers have no mirror to check and no way to see behind them. The hardware is clearly built for camera awareness, from the repeater cameras to the rear camera. Letting a passenger look through those same cameras would give a nervous first time rider a way to confirm what is around the car.

The timing matters because the fleet is growing fast. Tesla’s Robotaxi account said on Saturday that more than 300 Cybercabs are now serving Austin, an eightfold increase in 30 days, and Tesla AI chief Ashok Elluswamy named Dallas as the next city. More cars and more cities mean more people riding in a driverless vehicle for the first time, which is exactly when small trust features carry weight.

For now, the feature is confirmed only as in development. If Tesla follows its usual pattern with Cybercab software, riders could see it appear in a point release without any announcement, and Teslarati will watch for it.

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Tesla’s Cybercab fleet jumped 8x in a month, with Dallas up next

Tesla confirms its first official Cybercab fleet number as Austin scales fast and Dallas looms.

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Tesla says more than 300 Cybercabs are now serving Austin, the first time the company has put an official number on its active Cybercab fleet. The figure came from the Robotaxi account on X on Saturday, which wrote that one month after launch the service had “scaled to 300+ Cybercabs serving Austin – an 8x increase in 30 days.”

Ashok Elluswamy, Tesla’s head of AI software, quoted the post with a line that carried the bigger news. “Two years since the 10/10 Cybercab WeRobot event, the cabs are everywhere in Austin now. Dallas soon,” he wrote. It is the first time Tesla has named the next city for public Cybercab rides.

Tesla opened Cybercab rides to the public in Austin on September 4, as Teslarati reported, a day after an invite only launch event. The ramp since then has been steep. Our September 28 report had the fleet at well over 100 units after availability jumped from 58 to 125 in a single week. On Thursday, Tesla added 150 Cybercabs to the Texas automated vehicle registry, lifting its registered count to 319 from 169. The first seven appeared on the registry on August 31.

RobotaxiTracker, a community site that counts vehicles from sightings and state records, listed 275 vehicles in unsupervised service in Austin on Saturday, 105 of them Cybercabs, which is well below Tesla’s figure. Tracker counts can lag official numbers, though Sawyer Merritt noted that Cybercab wait times in Austin stayed short on Saturday evening even with more than 2,000 fans in town for X Takeover.

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Regulators are watching the rollout. NHTSA opened an audit query into Tesla’s certification that the Cybercab meets federal safety standards, and sworn answers are due October 30. Tesla reports third quarter earnings on October 21, which gives the company a natural venue to define its fleet numbers and put a date on Dallas.

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