Tesla lawyers want court to reconsider Musk tweet deemed 'threat' amid labor dispute

 NEW ORLEANS (AP) — Lawyers for Tesla have asked a federal appeals court to reconsider its ruling that CEO Elon Musk unlawfully threatened employees with a loss of stock options in a 2018 Twitter post amid a union organizing effort.  

The case arose from United Auto Workers’ organizing efforts at a Tesla facility in Fremont, California. 

Tesla attorneys want the full 17-member court to rehear the case. The panel ruling, they argue in a Monday evening filing, conflicts with Supreme Court and appellate court precedents regarding First Amendment free speech protections. And they said the employee in the case was properly fired for giving false information during an investigation of employee harassment.  

Musk tweeted on May 20, 2018: “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.”