Take 5

Court Orders En Banc Rehearing in Tesla Labor Relations Case

The United States Court of Appeals for the Fifth Circuit has ordered an en banc rehearing in a case involving Tesla, Incorporated and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO, versus the National Labor Relations Board.

The case is a petition for review from an order of the National Labor Relations Board (NLRB Order No. 370 NLRB No. 101). A member of the court requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified voted in favor.

The court has vacated the panel opinion in this case dated March 31, 2023, and will rehear the case with oral argument on a date yet to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. The outcome of this rehearing could have significant implications for labor relations and union activities within Tesla and potentially other corporations.

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