Dive Brief:
- The United Automobile Workers (UAW) has filed a complaint against Tesla, the luxury electric car maker, alleging that it violated the National Labor Relations Act (NLRA) by firing employees for supporting unionization, SFGate reports.
- The union says Tesla fired workers for wearing items with the union's logo, but the automaker argues that the firings were related to performance problems.
- Tesla is already involved in a case pending before the NLRB. That complaint focuses on safety issue and unfair labor practices.
Dive Insight:
Ellen's Stardust Diner, a Manhattan eatery, settled a lawsuit with the NLRB over an unfair labor charge last week. The Board had alleged that the diner fired pro-union workers in violation of federal law. The settlement involved reinstating workers.
Earlier this month, the U.S. Supreme Court heard arguments about the use of mandatory arbitration agreements in workplace conflicts. One issue involves workers' right to organize or participate in concerted activity without fear of retaliation. The justices reportedly leaned in favor of the agreements, which, would represent a win for employers.
Although there's a clear shift toward pro-business policies coming from several federal enforcement agencies, the National Labor Relations Act is still the law. And, despite an expected shift to the right at the NLRB, it remains an independent government agency tasked with enforcing that law. Employers must still comply with the NLRA and avoid taking any adverse action against workers attempting to engage in concerted activity.
