Chris Bray has been following the legal sideshow of the United Auto Workers union filing charges with the US National Labour Relations Board (NLRB), alleging that Trump and Musk made threats against organized labour during the recent livestreamed event:
The UAW complaints against Tesla and Trump for President 2024 have been listed on the NLRB website. They really did it, and I got it wrong. The delay in listing the complaints, and the lunacy of the charges, led me to the wrong conclusion. The complaints are real: there are forms with vague and obviously ridiculous complaints on them, and they filed the things.
But they’re still functionally fake, and they’ll die quickly. Anti-Trump organizations have been doing this for years, without success; this is the third complaint filed with the NLRB against Trump campaign organizations.
In the first of those previous cases, the NLRB raised the obvious question about jurisdiction, expressing doubt (“without deciding”) that they can police presidential campaigns using labor law:
The NLRB has previously declined to pursue labor complaints against Trump for President, and the UAW has filed a labor complaint against Trump for President. We can make educated guesses about what happens next. I’ve emailed professors who teach labor law to ask them if the National Labor Relations Act governs the political speech of presidential candidates, but they haven’t responded.
As for the complaint against Tesla, Elon Musk had a livestreamed discussion with Donald Trump in which Trump said that striking workers should be fired; Musk laughed, but didn’t say anything in response. This news report includes audio of that exchange. The complaint alleges that Musk therefore made coercive statements
