[fastball]

I guess I don't understand the bad behavior here. Tesla is allowed to not give anything they want to unionized workers.

If you want to force companies to capitulate to unions, cut out the middleman and just force companies to give things directly to workers.

[foerbert]

This isn't about any actual negotiation though. This is about a public statement aimed at discouraging even attempting to unionize. This is well before the point where the union and company would be negotiating.

I think it makes a lot of sense to regulate this kind of activity. It's not about forcing companies to 'give in' or not to unions, but about helping to protect the ability for the union to form in the first place.

We can argue forever about how much company statements might influence the ability for unions to form, but at the end of the day the actual regulation here is basically just stopping the company from setting up their own strawmen in hopes of influencing workers. Naturally, it's very easy to talk tough when you're just pretending to negotiate against yourself. Not doing this seems like a pretty mild restriction, so I don't think it's a particularly onerous regulation.

[URSpider94]

The workers aren’t unionized yet. What the law is clear about, is that you’re not allowed to threaten workers for the act of trying to unionize the workplace.

[sokoloff]

“We give our workers stock options now. We do not expect to do so under a union contract.”

I don’t see that as “threatening workers”, but as a reasonable communication between employer and employees and a proper counterbalance against union claims that the workers will be better off if they unionize.

“We give our workers stock options now. No other automaker working under a union contract does so.” is something that I don't think anyone could reasonably find as threatening (even I don't think the first one is either, some may).

As an employee, I benefit from more information from both sides of the issue rather than having the union organizers be able to communicate unfettered and the company communications be restricted from pointing out any possible or foreseeable downsides.

[foerbert]

That's real easy to say when there isn't a union yet. And the company has zero incentive to give any kind of realistic and useful information in this situation. They can say whatever they want, and it doesn't mean anything. They don't even know what the non-existent union will want or care about later, so how they can have any accurate expectations even if they are perfectly rational and honest. The only purpose these statements serve is to try to prevent unionization.

Part of why this is not a simple "both sides" issue is because we're talking about one side that exists and one side that might one day exist. The non-extant union can't weigh in on company statements or make any statements of their own.

So these rules exist to help ensure the workers are not unduly influenced by the company when they consider making that union finally exist. I don't see a problem with this.

[sokoloff]

I agree that they shouldn't be unduly influenced by the company when contemplating joining a union.

But if they're paying the workers part in cash and part in options, and the union organizers are pitching that they'll raise their wages, I think it's fair for the company to point out that that is likely to result in moving some of the comp from options into cash.

The UAW and representatives can certainly make statements today. Here's one: https://uaw.org/statement-uaw-vice-president-cindy-estrada-d...

[foerbert]

Even that is itself a weird quasi-bad-faith statement though. A potential union would not be unaware of stock options, nor how to value them. They could just as easily request higher cash pay and that stock options remain as they are. That's a valid position, and arguably a likely one.

On what possible basis could Musk be making a fully good-faith statement that he has good reason to believe it is impossible for a union to negotiate on such grounds? Obviously he is free to stick on that point in actual negotiations, but again he can't in any kind of good faith negotiate in public with an entity that doesn't exist yet.

As for UAW, that's kind of getting into the detailed specifics of this instance. Maybe there's more room to argue for looser regulations when there are extant industry unions? But that would also seem to push things more in favor of larger, more encompassing unions rather than smaller more specific ones, which I imagine most people in favor of less regulation wouldn't be fond of either.

[fastball]

Everything you're saying applies to union organizers though, which do exists before the union is formed.

And the entire point is that the union forming could be bad for workers in various ways, so if I was a worker I would want to be made aware of what could possibly go wrong before I joined the effort to unionize and no longer had a choice in the matter after the union is fully formed and going strong.

[Trombone12]

How could the organisers know what future members want then the company spend much effort on preventing workers from talking to each other?

[fastball]

How do companies spend so much effort preventing workers from talking to each other?

[URSpider94]

First of all, that’s not what Elon said. He said something to the effect of “why do you want to join a union and lose stock options?” Just like someone who approaches you on a dark street and says “nice car, wouldn’t want anything to happen to it.” Of course, when you call the police, he’s going to explain that he genuinely appreciates a fine automobile and was expressing his concern given the troubles in the neighborhood.

Musk has a significant say in whether employees continue to receive options, and I can’t see why the union would ask to take that away, given that options are presumably very popular with their members.

Saying that life will get worse with a union is one thing. Saying that it will get worse because I will make it worse is another.

[mola]

They're not allowed to threaten employees who want to unionize. They may refuse to give options.

[URSpider94]

Actually, they can’t. The judge ruled that saying so represented an illegal threat, and the NLRB concurred. It’s been decided by law.