NEW ORLEANS — (AP) — A federal agency was wrong to order that Tesla CEO Elon Musk delete a 2018 social media post that union leaders saw as a threat to employee stock options, a sharply divided federal appeals court has ruled.
The case involved a post made on what was then known as Twitter during United Auto Workers organizing efforts at a Tesla facility in Fremont, California. The post was made years before Musk bought the platform, now known as X, in 2022.
On May 20, 2018, Musk tweeted: “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues and give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare.”
The National Labor Relations Board said it was an illegal threat. After Tesla appealed, three judges on the 5th U.S. Circuit Court of Appeals …