This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump praised Musk for presumably firing Tesla employees who would go on strike. The next day, the United Automobile Workers filed Unfair Labor Practice charges against Trump and Musk before the National Labor Relations Board.

The charges allege that the comments were intended to threaten, coerce, and intimidate Tesla workers in violation of the NLRA’s Section 7 rights to engage in concerted labor activity. Tesla has been the subject of organizing efforts by the UAW. Threatening to fire workers who engage in union organizing efforts, or who participate in a lawful strike would violate Section 7. The NLRB will investigate the charges and could seek penalties in the event it finds the allegations to be meritorious.

This incident illustrates the importance for employers of exercising caution when making public comments about unions or organizing activities. Comments made in the context of an interview or public discussion can result in claims that the speaker is using the platform to illegally influence worker behavior. Even though Trump raised this issue during the interview, Musk’s responses and failure to contradict the comments opened the door for the NLRB complaints.

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