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Tesla factory workers intensify unionization efforts, file charges with National Labor Board

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Tesla has dismissed charges filed by the Unfair Labor Practice with the National Labor Relations Board by two employees as “entirely without merit,” stating that it will respond to the allegations as part of the NLRB process.

In the latest chapter of the fight to unionize the Tesla Fremont factory, the United Autoworkers Union is again attempting to sway employees to the cause by filing an unfair labor practice charge, alleging illegal surveillance, coercion, intimidation and prevention of worker communications by Tesla in an effort to prevent or otherwise hinder unionization of the Fremont factory.

In response to past attempts by the UAW to influence workers at the Fremont factory to form a union, Tesla CEO Elon Musk made his pitch to employees against unionization in a letter to employees where he extolled the benefits Tesla was already providing without a union. The basis behind his argument hinged largely on the valuation of Tesla stock issued to employees and the subsequent increase in price of that stock.

Tesla was called to task in the charges for what is being characterized as an overly broad confidentiality agreement. Tesla has always operated more like a Silicon Valley technology company than a car manufacturer, and its company policy on confidentiality reflects that of technology companies that produce highly competitive, industry shifting tech that are often bound by strict deadlines.

In the midst of leading the disruption of several industries, while making headlines for every move the company makes, it comes as no surprise that Tesla opted for an overly broad confidentiality agreement. However, the confidentiality agreement was deemed to be so broad that the company was contacted by five members of the California legislature and a number of organizations in the Bay Area in a request to loosen up wording of the agreement and ensure it did not infringe upon employee rights. According to a report by Capital and Main, the statement currently includes language requiring confidentiality in relation to “everything that you work on, learn about or observe in your work about Tesla.”

The new charges also call out Tesla for alleged violations in several specific areas, one of which was preventing the distribution of flyers by employees at shift change on company property. After several workers handed out literature about unionization at the factory in February, Tesla fired back with a new policy stating that workers “were not allowed to pass out any literature unless it was pre-approved by the Employer.” The charges make a plea that employees should have the right to bring up issues and to talk about them amongst themselves as a means of driving towards resolution.

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The charges will be reviewed by the NLRB which will make a determination after gathering input from all parties involved.

These charges highlight the challenge Tesla faces as it seeks to ramp up factory operations as part of the Model 3 production ramp. With all hands on deck to deliver Model 3, Tesla has its work cut out for it as it seeks to balance the rights, needs and morale of its employees with the needs of the business.

Here’s the full text of Musk’s company wide email that was published by TechCrunch in February that discusses unionization efforts taking place at the factory. We’ve also obtained a copy of Tesla’s confidentiality agreement to employees which we’ve embedded below.

For Tesla to become and remain one of the great companies of the 21st century, we must have an environment that is as safe, fair and fun as possible. It is incredibly important to me that you look forward to coming to work every day. For that, we must be a fair and just company – the only kind worth creating.

This is vital to succeed in our mission to accelerate the advent of a clean, sustainable energy future. The forces arrayed against us are many and incredibly powerful. This is David vs Goliath if David were six inches tall! Only by being smarter, faster and working well as a tightly integrated team do we have any chance of success. We should never forget the history of car startups originating in the United States: dozens have gone bankrupt and only two, Tesla and Ford, have not. Despite the odds being strongly against us, my faith in you is why I am confident that we will succeed.

That is why I was so distraught when I read the recent blog post promoting the UAW, which does not share our mission and whose true allegiance is to the giant car companies, where the money they take from employees in dues is vastly more than they could ever make from Tesla.

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The tactics they have resorted to are disingenuous or outright false. I will address their underhanded attacks below. While this discussion focuses on Fremont, these same principles apply to every Tesla facility worldwide.

Safety First

The workplace issue that comes before any other is safety. If you do not have your health, then nothing else matters. Simply due to size and bad luck, there will always be some injuries in a company with over 30,000 employees, but our goal is simple: to have as close to zero injuries as possible and be the safest factory in the auto industry by far. The Tesla executive team and I are absolutely committed to this goal.

That is why I was particularly troubled by the safety claim in last week’s blog post, which said: “A few months ago, six out of eight people in my work team were out on medical leave at the same time due to various work-related injuries. I hear the ergonomics are even more severe in other areas of the factory.”

Obviously, this cannot be true: if three quarters of his team suddenly went on medical leave, we would not be able to operate that part of the factory. Furthermore, if things were really even worse in other departments, that would mean something like 80% or more of the factory would be out on injury, production would drop to virtually nothing and the parking lot would be almost empty. As you know firsthand, we have the *opposite* problem – there is never enough room to park! In fact, we are working at top speed to build more parking. Also, hopefully our darn BART train station will open before all hell freezes over!

After looking into this claim, not only was it untrue for this individual’s team, it was untrue for any of the hundreds of teams in the factory.

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That said, reducing excess overtime and improving safety are extremely important. This is why we hired thousands of additional team members to create a third shift, which has reduced the burden on everyone. Moreover, since the beginning of Tesla production at Fremont five years ago, there have been dedicated health and safety experts covering the factory and we hold regular safety meetings with operations leaders. Since the majority of the injuries in the factory are ergonomic in nature, we have an ergonomics department focused exclusively on this issue.

The net result is that since January 1st, our total recordable incident rate (TRIR) is under 3.3, which is less than half the industry average of 6.7.

Of course, the goal is to have as close to zero injuries as humanly possible, so we need to keep improving. If you have a safety concern or an idea on how to make things better, please let your manager, safety representative or HR partner know. You can also send an anonymous note through the Integrity Hotline (this applies broadly to any problems you notice at our company) or you can email safety@tesla.com.

Compensation

At Tesla, we believe it is important for everyone to be an owner of the company. This is your company. That is why, unlike other car companies, everyone is awarded shares and you get to buy stock at a discount compared to the public through the employee stock purchase program. Last year, stock equity grants were increased significantly and it will happen again later this year once Model 3 achieves high volume.

The chart below contrasts the total comp received by a Tesla production team member who started on January 1, 2013 against the total comp received over the same period at GM, Ford, and Fiat Chrysler. A four year period is used because that’s the vesting length of a new hire equity grant. I believe the equity gain over the next four years will be similar. As shown below, a Tesla team member earned between $70,000 and $100,000 more in total compensation than the employees at other US auto companies!

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Work Hours

Another issue raised in the UAW blog was hours worked. First, I want to recognize how hard you worked to make our company successful. Those hours mattered to you, to your family and to our company, and I can’t tell you how much I appreciate them.

However, the pace needs to be sustainable. This is why the third shift was established and why we created alternate work schedules based on feedback from various teams in the factory.

These changes have had a big impact. The average amount of hours worked by production team members this year is about 43 hours per week. The percentage of overtime hours has declined by almost 50% since the super tough time we had last year achieving rate on the Model X, which is probably the hardest car to build in history. What an amazing accomplishment! It is also a lesson learned, which is why Model 3 is designed to be dramatically easier to manufacture.

Fun

As we get closer to being a profitable company, we will be able to afford more and more fun things. For example, as I mentioned at the last company talk, we are going to hold a really amazing party once Model 3 reaches volume production later this year. There will also be little things that come along like free frozen yogurt stands scattered around the factory and my personal favorite: a Tesla electric pod car roller coaster (with an optional loop the loop route, of course!) that will allow fast and fun travel throughout our Fremont campus, dipping in and out of the factory and connecting all the parking lots. It’s going to get crazy good ?

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Thanks again for all your effort and I look forward to working alongside you to create an amazing future!

Elon

[pdf-embedder url=”http://www.teslarati.com/wp-content/uploads/2017/04/Tesla-Employee-Confidentiality-Agreement.pdf”]

I'm passionate about clean technology, sustainability and life. I've worked in manufacturing, IT, project management and environmental...and enjoy unpacking complex topics in layman's terms. TSLA investor. Find more of my words on my website or follow me on Twitter for all the latest. Tesla Referral link: http://ts.la/kyle623

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FCC green lights SpaceX’s move to a showdown with Verizon and AT&T

The FCC advanced plans opening 482 MHz to satellite phone service, boosting SpaceX’s Starlink Mobile.

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A hand holds a smartphone displaying the Starlink Mobile app interface showing a strong “Connected – Direct to Cell” signal, with a Starlink satellite beaming connectivity signals down to Earth from orbit. The background features the planet’s night side glowing with city lights against the curve of the atmosphere, set above a scenic twilight landscape.

The Federal Communications Commission voted Thursday to move forward with a proposal that would open an additional 482 MHz of spectrum to satellite service beamed directly to ordinary phones, a step that could widen the road for SpaceX’s Starlink Mobile to compete with the country’s largest wireless carriers.

The commission adopted the notice of proposed rulemaking at its October open meeting in Washington, Reuters reported. The proposal would raise the number of bands eligible for Supplemental Coverage from Space from five to 13, according to the FCC fact sheet. Commissioners also advanced a companion item proposing an auction of 25 MHz in the 1675 to 1695 MHz and 2020 to 2025 MHz bands, which could be used for terrestrial service, direct to device service or both.

Thursday’s vote does not hand any spectrum to SpaceX. It opens a public comment period, and final rules will come later. Under the draft, comments would be due 60 days after the notice is published in the Federal Register. The FCC had not released the adopted text at the time of writing, so it is not yet clear whether any bands were changed before the vote.

That question is where the fight now moves. AT&T, Verizon and T-Mobile, through industry group CTIA, asked the FCC to drop the 2.5 GHz and 3.45 GHz bands, which make up 290 MHz of the 482 MHz on the table, as Teslarati reported ahead of the vote. T-Mobile argued satellite interference could wipe out up to 96% of a cell site’s uplink coverage area. SpaceX asked the commission to go the other way and add the 902 to 928 MHz band.

The rule change that matters most to SpaceX may be a structural one. Today, a satellite operator must lease spectrum from every carrier holding co-channel licenses across an entire region such as the contiguous United States. The proposal would replace that with a certification that the operator has coexistence agreements covering only the areas it plans to serve, or that it holds the terrestrial licenses itself.

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SpaceX has spent this year building that second path. It bought EchoStar’s AWS-4 and H-block licenses in a deal worth roughly $17 billion, and earlier this month agreed to acquire Grain Management’s nationwide 800 MHz portfolio, which the company said would pave the way for Starlink to become a major US mobile carrier. The FCC approved SpaceX’s purchase of three unused AWS-3 licenses from Tristar on October 21, and cleared its plan for 15,000 next generation direct to cell satellites on October 6.

The regulator has not always sided with SpaceX. In April, the FCC dismissed a SpaceX petition seeking access to Mobile Satellite Service spectrum held by incumbents, and it rejected 2.5 GHz for satellite coverage when it first adopted the framework in 2024.

The carriers are also building their own defenses. In May, the three companies agreed in principle to form a joint venture pooling spectrum for satellite service, and T-Mobile remains SpaceX’s US launch partner for Starlink Mobile even as it leads the push to keep satellites out of 2.5 GHz. SpaceX President Gwynne Shotwell has said service on SpaceX’s own airwaves is targeted for early 2028.

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Tesla’s Roadster appearance at SpaceX has merger watchers talking

Tesla’s next generation Roadster was spotted at SpaceX’s Hawthorne headquarters, two weeks after its unveiling.

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The Roadster’s rear wing, one of the aerodynamic elements Tesla pairs with a fan-based downforce system. (Image: Tesla)

Tesla’s next generation Roadster turned up at SpaceX’s headquarters in Hawthorne, California on Wednesday, less than two weeks after the car flew off a ramp at its unveiling in Texas.

Photos shared on X by SpaceX Engineer (@DeannaRiceSPCX) show the new Roadster parked outdoors beside the famed Falcon 9 that stands outside company headquarters at the corner of Crenshaw Boulevard and Jack Northrop Avenue. Rocket B1019 was the first orbital-class booster ever to land after a launch on December 21, 2015 after it sent 11 Orbcomm satellites to orbit and then flew back to Landing Zone 1 at Cape Canaveral, which would be the first landing in what became SpaceX’s reusable rocket program. SpaceX chose not to fly it again. After a test fire in Florida, the booster was shipped to Hawthorne and raised upright as a permanent monument in August 2016, as Teslarati reported at the time. Putting the Roadster, which flies on SpaceX cold gas thrusters, next to the rocket that started SpaceX’s landings is symbolic in itself.

The Thrust and Rocket versions of the Roadster use cold gas thrusters fed by composite overwrapped pressure vessels, the same type of tank SpaceX flies on Falcon 9, and Elon Musk described the car as the work of Tesla and SpaceX engineers working together. Tesla lists 0 to 60 mph in under 0.9 seconds for Thrust and under 0.59 seconds for Rocket, while the base Performance model relies on a fan and ground sealing system for grip, as Teslarati detailed in its breakdown of the three Roadster configurations.

Tesla has kept the car in the spotlight since the October 15 event near Waco. Last week, the company posted a video of the Roadster’s fighter jet inspired cockpit, including a Track Mode screen with a “Thruster · 5,500 PSI” readout, which we covered in our look at the Roadster’s center display. Musk also said owners will be able to ask the car to perform the stunts autonomously, and promised a looping track at Tesla’s Texas headquarters.

The visit comes as special committees at Tesla and SpaceX weigh a possible merger, a step Musk confirmed on SpaceX’s third quarter earnings call. The Roadster, built on SpaceX hardware, has become one of the clearest examples of the two companies already building products together.

Musk said at the unveiling that Roadster production will begin in 2028. Reservations are open with a $50,000 payment, Thrust is listed as a limited release and Rocket is invite only. Tesla says the car is not approved for public road use.

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Verizon, AT&T and T-Mobile are trying to shut Starlink out before FCC vote

AT&T, Verizon and T-Mobile want 290 MHz cut from an FCC satellite plan before Thursday.

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Starlink D2D direct to device vs Verizon, AT&T (Concept render by Grok)

AT&T, Verizon and T-Mobile are asking the Federal Communications Commission to pull nearly 300 MHz of spectrum out of a proposal that would let satellite companies like SpaceX offer cell service directly to ordinary phones. The request lands one day before the agency votes on it.

The FCC will vote Thursday, October 29, on a notice of proposed rulemaking that would make an additional 482 MHz available for direct to device service, expanding the number of eligible bands from five to 13, according to the FCC fact sheet. It would also scrap the rule requiring a satellite operator to lease spectrum from carriers, replacing it with a certification that the operator has coexistence agreements in place or holds the terrestrial license itself.

That second path matters for SpaceX. As Teslarati reported earlier this month, SpaceX agreed to buy Grain Management’s nationwide 800 MHz portfolio to turn Starlink Mobile into a full US carrier, adding to the spectrum it already bought from EchoStar.

The carriers want two bands removed, 2.5 GHz and 3.45 GHz, which make up 290 MHz of the 482 MHz on the table. Through industry group CTIA, they argued that about 300 million users depend on those bands and that satellite operations in them are not technically feasible. T-Mobile, which calls 2.5 GHz the foundation of its Ultra Capacity 5G network, said in its own filing that satellite interference could wipe out up to 96% of a cell site’s uplink coverage area and cut uplink speeds by 88% to 99%.

Executives from all three carriers met with FCC staff on October 20, and T-Mobile CEO Srini Gopalan met separately with FCC Chairman Brendan Carr. T-Mobile’s role stands out because it is still SpaceX’s US launch partner for Starlink Mobile. The three carriers have also teamed up on their own satellite joint venture to pool spectrum, a move widely seen as a response to Starlink.

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SpaceX is asking for the opposite. In an October 23 filing after meetings with FCC staff and commissioners’ offices, the company asked regulators to add the 902 to 928 MHz band to the proposal. “Doing so now saves time later,” SpaceX wrote. The company also asked the FCC to modernize interference rules and align satellite deployment requirements with those for terrestrial cell networks, saying the goal is to let satellite and ground networks work together so Americans stay connected wherever they are.

The carriers have not been shy about how they view SpaceX as a competitor. On Verizon’s third quarter earnings call Monday, its chief executive said Starlink Mobile “just can’t compete with a terrestrial network” and estimated SpaceX would need four to six years and $300 billion to $500 billion to build a full US carrier network.

Thursday’s vote will not settle which bands survive. Adopting the notice opens a public comment period, with final rules to come later in the proceeding. The FCC already considered and rejected 2.5 GHz for satellite coverage once, in 2024. SpaceX also is not the only satellite player watching: the FCC approved Amazon’s $11.6 billion acquisition of Globalstar on October 27, giving its planned direct to device fleet its own mobile satellite spectrum.

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