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Fremont

Tesla Workers File Charges with National Labor Board as Battle with Elon Musk Intensifies

By David Dayen - American Prospect, April 20, 2017 (article copublished by Capital & Main)

Workers at Tesla’s Fremont, California, electric car factory have filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the company of illegal surveillance, coercion, intimidation, and prevention of worker communications. The employees, who have been attempting to organize the approximately 7,000 workers at the plant through the United Auto Workers, claim that Tesla violated multiple sections of the National Labor Relations Act, which protects the right to unionize.

“I know my rights, and I know that we acted within them,” said Jonathan Galescu, a body repair technician. Galescu and his colleagues have previously cited low pay, hazardous work conditions, and a culture of intimidation as motivations to unionize the plant.

On February 10, several Tesla employees passed out flyers to their colleagues during a shift change. The literature featured a blog post from Medium written by Jose Moran, a Tesla production associate on the body-line. Moran’s post was the first public acknowledgment that some workers at Tesla were interested in organizing a union.

According to the NLRB complaint obtained by Capital & Main, managers at Tesla “conduct[ed] surveillance” on the workers who passed out the literature, and those who received the flyers. A month later, on March 23, Tesla management held a meeting, telling workers “they were not allowed to pass out any literature unless it was pre-approved by the Employer,” the complaint reads.

“We should have the right to distribute information to our co-workers without intimidation,” said Michael Sanchez, who works on door panels at the factory and has joined the unionizing effort. “You can’t fix problems if you’re not allowed to talk about them.”

Employees also object in the complaint to a confidentiality agreement presented last November, which vowed consequences (including “loss of employment” and “possible criminal prosecution”) for speaking publicly or to the media regarding “everything that you work on, learn about, or observe in your work about Tesla”—including wages and working conditions. Confidentiality agreements are common in auto factories to protect trade secrets, but Tesla’s was so far-reaching that five members of the California legislature wrote to the company, warning that the agreement violated protected employee activity.

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