Tesla is defending Elon Musk’s anti-union tweet all the way to the Fifth Circuit
Tesla is taking up a fight to defend Elon Musk’s tweet that threatened to remove employee stock options if they decide to unionize all the way to the Fifth Circuit court of appeal.
This is coming out of an old fight dating back to the UAW’s last unsuccessful push to unionize workers at Tesla’s Fremont factory and other locations.
Amid that push in 2017-2019, Tesla fought back the effort with what the union considered to be illegal tactics.
They filed a complaint with the National Labor Relation Board (NLRB), which eventually sided with the union and found that Tesla violated labor laws.
The violations included preventing the distribution of union materials, terminating employees due to union support, and, finally, a specific tweet posted by Tesla CEO Elon Musk.
The tweet in question stated that Musk is fine with Tesla workers unionizing, but he believes that they wouldn’t because they would have to “pay union dues and give stock options for nothing”:
This has been perceived as a threat that Tesla would remove employee stock options if employees unionize.
The NLRB doesn’t have any authority to impose punitive damages on Tesla or executives, but it ordered a cease and desist of those activities, which included the removal of that tweet.
The ruling was upheld by the court, but now the Fifth Circuit court has granted a reconsideration and will be hearing from both sides.
Bloomberg Law summarized Tesla’s case, which seems to rely on the fact that Musk wasn’t directly threatening Tesla employees and only responding to a non-employee on Twitter.
The company also appears to argue that the ruling was “politically motivated”:
“It would be backwards, under the Constitution’s separation of powers, to afford more deference to the findings of politically motivated executive branch officials than courts afford to findings by judges and juries,”
Going all the way to the Fifth Circuit Court of Appeals seems like a lot to defend a single tweet, but some see the issue as much bigger.
Kara Rollins, an attorney with the New Civil Liberties Alliance, which is backing Tesla, said this about the case:
“This is really about fundamental First Amendment interests in relation to the National Labor Relations Act, which has some limited speech controls. This case looks at that provision of the NLRA and the First Amendment through the lens of social media.”
The case is currently being considered by the court, but it could be a while before we get a ruling.
The new look at the case comes amid Tesla’s preparation to fight back against another unionization effort from UAW after their big win against the Big Three in Michigan. UAW has made it clear that it is now setting its sights on non-unionized automakers in the US and there’s none bigger than Tesla.
Electrek’s Take
At the fear of stating the obvious: I am not a First Amendment lawyer. So, take my comments with a grain of salt.
But to me, the tweet is more than Elon exercising his right to comment on unions. He is stating that employees would forfeit their stock options if they decide to unionize. He is saying that as if it’s obvious that it’s either union or stock options, while there’s no reason why it couldn’t be both.
It does sound like a threat, which could affect how Tesla employees approach the possibility of unionizing.
I don’t know if unionization is the right path for Tesla. I think the right of workers to bargain collectively is of the utmost importance, but I also think that employers have the capacity to treat their employees fairly in the first place, which wouldn’t require unionization.
Comments like that from Elon don’t seem to contribute to a positive outcome either way though.
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In a discussion on the increase in crime committed by individuals riding electric motorbikes, the Hampshire Police and Crime Commissioner, Donna Jones, has claimed that a certain style of bike is being used “almost exclusively” for criminal actions.
Jones, a British Conservative Party politician, made the claim in reference to Sur Ron-style electric motorbikes, which resemble something fitting between a small dirt bike and a large electric bicycle.
These vehicles, which can often reach around 50 mph (80 km/h), are technically not electric bicycles but rather small electric motorcycles. They are designed primarily for use on off-road trails and other non-street uses, meaning they are rarely street-legal. However, young riders often use them on streets anyway.
According to the Daily Mail, “The Police and Crime Commissioner claimed the majority of people using these type of e-bikes are ‘doing something wrong’ as she voiced her concerns over the spate of crime gripping Britain.”
Jones says that these electric motorbikes have been used extensively in street crime, usually in the form of phone snatching. Social media is full of videos of pedestrians walking down the street while using their phones and having them grabbed by a rider of a Sur Ron-style electric motorbike.
Scotland Yard has reportedly been in contact with the Chinese company Sur Ron, the manufacturer of many of these electric motorbikes, and the company has apparently vowed to cooperate with police.
Sur-Ron-style electric motorbikes have surged in popularity among young riders in Britain, particularly in urban areas where their lightweight frames, high torque, and near-silent operation make them appealing for both recreation and practical commuting. However, we’ve also seen them become a praised getaway vehicle for criminals, even if Jones’ claim that they are used “almost exclusively” for crime is quite likely an exaggeration based on confirmation bias.
Unlike traditional combustion engine motorcycles, these e-motorbikes can be more easily obtained to be ridden without a license, even if that is not permitted by local laws. Additionally, many are easily modified to exceed UK regulations with higher speed and power than is traditionally permitted.
Their ability to accelerate quickly and maneuver through traffic with ease has also made them a tool of choice for criminal activity, particularly in these types of phone-snatching and ride-by thefts, where offenders use the bikes to evade police and disappear into narrow streets or pedestrian areas.
With police enforcement struggling to keep pace with their widespread, often unregistered use, authorities continue to debate whether tougher restrictions or alternative solutions are needed to curb both their illegal modifications and criminal misuse.
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After dominating in China, BYD is making an aggressive push into Europe. With another EV plant reportedly coming soon, this time in Germany, BYD is taking direct aim at Volkswagen, BMW, and other domestic OEMs.
BYD wants a third EV plant in Europe, likely in Germany
BYD is already quickly expanding its European footprint with two manufacturing plants under construction. One is in Hungary, and the other is in Turkey.
According to a new report, a third could be coming soon. BYD’s executive vice president, Stella Li, recently told German newspaper Automobilwoche that the Chinese EV maker is eyeing another plant, and this time, it could be in Germany, the heart of Europe’s auto industry.
Although Li didn’t offer any other details, a source familiar with the matter told Reuters that Germany is likely BYD’s best option.
Germany is home to Volkswagen, BMW, Mercedes-Benz, Porsche, and several others, which could lead to a major market shakeup.
BYD has been gaining momentum, with overseas sales surging in the first two months of 2025. In January, the company sold a record 66,336 NEVs overseas. Last month, BYD topped that with just over 67,000 vehicles shipped to overseas markets.
Chinese brands continued gaining traction despite new vehicle registrations falling 2% in Europe in January. With over 37,100 vehicles registered, Chinese brands accounted for 3.7% of the market, up from 2.4% in January 2023.
BYD wants to grow the brand in Europe and connect with local buyers. Although Germany would likely be the best place to do so, high energy costs could be a challenge.
Last Summer, BYD bought out its German distributor, Heden Electric Mobility, giving it more control over pricing and out.put
With the EU imposing new tariffs on EV imports from China, BYD could offset some of the costs through local production. Meanwhile, China has also warned domestic companies not to invest in countries applying additional tariffs.
BYD’s plant in Hungary is scheduled to open in October. The second in Turkey will come online in 2026, and both plants are expected to have a combined annual production capacity of 500,000.
Although BYD is best known for its low-cost electric cars, like the Dolphin and Atto 3, the company is expanding with luxury EVs, pickups, smart SUVs, and supercars now hitting the market.
BYD is aggressively ramping up in the region. According to S&P Global Mobility, BYD’s sales are expected to double in 2025 to 186,000. By 2029, the company is expected to sell around 400,000 vehicles with a full lineup.
No final decision has been made yet, but Li said the third plant could come within the next two years. After overtaking Volkswagen as China’s largest automaker, BYD could set up shop on its home turf. Check back soon for more. We’ll keep you updated with the latest.
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We EV enthusiasts have heard it all from the haters before. “What are you gonna do with all those batteries?” “There’s just not enough range,” and, of course, “Charging takes so much longer than a gas station visit.” As previously teased, Chinese auto conglomerate BYD has introduced a new 1,000-volt EV platform that can enable charging rates as fast (or perhaps faster) than a trip to the gas station. We’re talking five minutes.
We got official confirmation from BYD this morning (evening in Shenzen, China) following a report we followed last Friday. On its Weibo page last week, Build Your Dreams (BYD) teased some capabilities of a new EV architecture it calls the “Super E-Platform,” sharing that it will enable charging parity with gas station visits.
To achieve that, BYD promised 1,000 kW charge speeds—double the current industry leaders, including Tesla. In reality, it’s tripling the standard as most fast chargers on the market can only reach about 350 kW, and many of them (in the US, at least) are usually more in the 200s.
While there are some ultra-luxe EV models powered by higher voltage platforms, 800V has been the ceiling for a while, and to be honest, most models today cannot even hit 350 kW. BYD plans to change that with its new “Super E-Platform,” which has officially been unveiled and offers 1,000V and charge rates up to 1,000 kW.
BYD delivers charging speeds similar to gas station visits
As promised last Friday, BYD held a livestream event at its headquarters in Shenzen, China, where it officially unveiled its new 1,000V Super E-Platform, capable of charging 1MW+ (1,000 kW) rates. Per its Weibo post (translated from Chinese):
BYD officially releases flash charging battery with ultra-high voltage of 1000V, ultra-large current of 1000A and ultra-large power of 1000kW, achieving global mass production of megawatt flash charging with the highest peak charging speed of 1 second and 2 kilometers, completely solving users’ charging anxiety when traveling.
As you can see from the images detailing the new platform’s specs above, this is a 1,000-volt, 1,000-amp platform that enables charging up to 400km (249 miles) of range in a mere five minutes. As we pointed out last week, today’s event also marked the launch of BYD’s new Han L and Tang L models in China, which will utilize the new fast-charging platform.
To support future models capable of these industry-leading charging speeds, BYD plans to implement over 4,000 ultra-fast charging stations around China. However, the timeline of that rollout remains unknown to the public. You can watch BYD’s complete live stream, debuting the technology and its capabilities here.
Electrek’s take
While this technology is designed in China, for China (at least for now), BYD’s debut of the Super E-Platform is a momentous day for the EV industry. BYD has developed and delivered platform architecture that is the best in the world on paper and has proven that it is possible to deliver charging speeds that are on par with a trip to the gas station.
Charging times remain a huge hurdle for larger EV adoption, so news like this breaks a ceiling for the current industry and offers a glimpse into the future to a day when more and more electric vehicles can recharge quickly, taking one more argument away from naysayers. Bravo BYD.
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