Photo: Google Creative Commons / Tesla.com Screenshot / autoevolution edit
Tesla released a concise response for everyone who thought that the EV maker fired unionizing employees because they attempted to obtain a better negotiating position by joining forces. The company says it did not target these workers and labels them as non-performing employees in an unusual response published on its website.
What may appear as the work of a PR department is actually a very well-structured message that most likely came from Legal. Still, for investors and the relevant authorities, this communication is important. It sheds some much-needed light on a delicate situation.
Just three days ago, dozens of Tesla employees in Buffalo, New York, announced on Twitter that they were ready to form a union with Workers United Upstate New York. In their encouraging message published on the social media network owned by Tesla’s CEO, employees argued that they “will further the mission of sustainability and foster a progressive environment” by unionizing.
But in statements made to the media, workers added that Tesla is keen on excessive monitoring that, at times, may lead to employees not wanting to go to the bathroom because they might risk poor performance reviews. Besides that, they wanted to be able to negotiate raises and create more security for their jobs which could have translated into stricter firing policies. Plus, some said there was no way left to talk about internal issues after the company removed internal communication channels.
The union’s slogan “Take the wheel Buffalo,” however, was about to be short-lived.
The automaker terminated the contracts of those who attempted to form a union only a day after the news broke out. It’s important, however, to underline that not all the fired employees were involved in asking for a union. In a complaint submitted to the National Labor Relations Board (NLRB), the Buffalo group accused Tesla of “collective retaliation” and said this was an “attempt to cull the herd.” They ended their complaint with a call for a federal court injunction and argued Tesla engaged in unlawful conduct in this matter.
In an unusual display of care for the public perception, the EV maker published a very short message on its website and explained the situation from their point of view. Essentially, Tesla argued that it periodically runs performance reviews. Two times a year, workers get a rating from 1 to 5 and are expected to improve their results if they get a low score. According to the automaker, employees will be let go if they fail to do so, but only “in the worst case.”
Furthermore, Tesla argues that managers were informed in December of last year of who they will have to depart with starting February 12, 2023. The company identified 4% of the Buffalo team to have “low performers,” who would have to eventually be exited this month. Tesla said these workers were informed about their scores and did not improve in due time.
“The impacted employees were identified on February 3, 2023, which was well before the union campaign was announced. We became aware of organizing activities approximately 10 days later. We learned in hindsight that one out of the 27 impacted employees officially identified as part of the union campaign. This exercise pre-dated any union campaign,” says Tesla.
The world's most valuable carmaker also underlined that it would gain nothing from delaying bathroom breaks as the monitoring system is used to "improve the ease of use of the labeling software."
If the case reaches the court, the automaker will most likely be asked to provide proofs that validate its recent statement. If Tesla did not lie, then it will be very easy for the company to score a win. Official communications are time-stamped, and the entire biannual review process can be brought forward to be analyzed and traced properly.
What Tesla is saying here in “legalese” is that many of the underperforming employees might have known that they were being scheduled for termination and launched the union plans only to avoid being let go.
Finally, the EV maker argues that the Buffalo Autopilot labeling team continues to grow despite the recent employment terminations.
Just three days ago, dozens of Tesla employees in Buffalo, New York, announced on Twitter that they were ready to form a union with Workers United Upstate New York. In their encouraging message published on the social media network owned by Tesla’s CEO, employees argued that they “will further the mission of sustainability and foster a progressive environment” by unionizing.
But in statements made to the media, workers added that Tesla is keen on excessive monitoring that, at times, may lead to employees not wanting to go to the bathroom because they might risk poor performance reviews. Besides that, they wanted to be able to negotiate raises and create more security for their jobs which could have translated into stricter firing policies. Plus, some said there was no way left to talk about internal issues after the company removed internal communication channels.
The union’s slogan “Take the wheel Buffalo,” however, was about to be short-lived.
The automaker terminated the contracts of those who attempted to form a union only a day after the news broke out. It’s important, however, to underline that not all the fired employees were involved in asking for a union. In a complaint submitted to the National Labor Relations Board (NLRB), the Buffalo group accused Tesla of “collective retaliation” and said this was an “attempt to cull the herd.” They ended their complaint with a call for a federal court injunction and argued Tesla engaged in unlawful conduct in this matter.
In an unusual display of care for the public perception, the EV maker published a very short message on its website and explained the situation from their point of view. Essentially, Tesla argued that it periodically runs performance reviews. Two times a year, workers get a rating from 1 to 5 and are expected to improve their results if they get a low score. According to the automaker, employees will be let go if they fail to do so, but only “in the worst case.”
Furthermore, Tesla argues that managers were informed in December of last year of who they will have to depart with starting February 12, 2023. The company identified 4% of the Buffalo team to have “low performers,” who would have to eventually be exited this month. Tesla said these workers were informed about their scores and did not improve in due time.
“The impacted employees were identified on February 3, 2023, which was well before the union campaign was announced. We became aware of organizing activities approximately 10 days later. We learned in hindsight that one out of the 27 impacted employees officially identified as part of the union campaign. This exercise pre-dated any union campaign,” says Tesla.
The world's most valuable carmaker also underlined that it would gain nothing from delaying bathroom breaks as the monitoring system is used to "improve the ease of use of the labeling software."
If the case reaches the court, the automaker will most likely be asked to provide proofs that validate its recent statement. If Tesla did not lie, then it will be very easy for the company to score a win. Official communications are time-stamped, and the entire biannual review process can be brought forward to be analyzed and traced properly.
What Tesla is saying here in “legalese” is that many of the underperforming employees might have known that they were being scheduled for termination and launched the union plans only to avoid being let go.
Finally, the EV maker argues that the Buffalo Autopilot labeling team continues to grow despite the recent employment terminations.
— TeslaWorkersUnited (@united_tesla) February 14, 2023
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