In today’s news and commentary, the 5th Circuit overturned a ruling ordering Elon Musk to delete a tweet threatening workers stock options if they unionized, and transportation workers vote to authorize a strike of SEPTA.

Last Friday, the 5th Circuit overturned an NLRB ruling ordering Elon Musk to remove a tweet threatening workers with loss of stock options if they opted to unionize. The 2018 tweet read: “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues & give up stock options for nothing?” The federal appeals court held that the tweet was protected speech and that the Labor Board overstepped its authority in ordering it removed. Though the court announced that the NLRB is “powerless to delete protected speech,” it did not determine whether the tweet was a violation of the NLRA. Friday’s ruling is yet another in a line of recent 5th Circuit decisions undermining Agency power to police employer speech for anti-union threats and coercion.

Transport Workers Union Local 234, representing over 5,300 Southeastern Pennsylvania Transportation Authority (SEPTA) employees, voted Sunday to authorize a strike if the parties cannot agree to a new contract by November 7. The Union is working under a one-year contract and has been negotiating a new contract with SEPTA since July of this year. Members are fighting for higher pay and increased safety and security. Last year, a SEPTA bus driver was killed by a passenger after being shot 6 times. In the year since, the Union has called for supplying safety equipment, increased law enforcement in the subway, more cameras, and better functioning radios for their members. In response to the strike authorization, SEPTA management said that it is working with the Union to negotiate a new agreement, but the Authority’s ongoing funding crisis has been a “major factor” in the negotiations. The Union informed members that SEPTA is currently offering a 0% wage increase and has yet to commit to the safety measures requested. Union members unanimously voted to authorize the strike if a new deal is not reached by expiry of the current contract.