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UAW files federal labor charges against Donald Trump and Elon Musk after threatening workers on X interview

<i>Elizabeth Frantz/Reuters via CNN Newsource</i><br/>
Elizabeth Frantz/Reuters via CNN Newsource

By David Goldman, CNN

(CNN) — The United Auto Workers union on Tuesday filed federal labor charges against former President Donald Trump and Tesla CEO Elon Musk for threatening to intimidate workers who go on strike.

During Trump’s interview on X Monday night with Musk, who is also the principal owner of the social media platform, the pair discussed a potential role for Musk in Trump’s administration should he get reelected. Trump called Musk “the cutter,” and praised Musk for his anti-union stances.

“I look at what you do, you walk in and you just say, ‘You want to quit?’ They go on strike – I won’t mention the name of the company – but they go on strike, and you say, ‘That’s okay, you’re all gone. You’re all gone. Every one of you is gone,” Trump said.

Musk could be heard laughing and replying “yeah.”

The UAW, which recently endorsed Vice President Kamala Harris for president, filed separate charges against Trump and Musk Monday to the National Labor Relations Board.

The charges claim the former president and the Tesla CEO had “interfered with, restrained or coerced employees” who were exercising their right to organize against the company, “suggesting he would fire employees engaged in protected concerted activity, including striking.”

UAW president Shawn Fain, a harsh Trump critic, has previously called Trump a “scab.” He praised President Joe Biden for joining a picket line last year when the UAW struck General Motors, Ford and Stellantis all at once. And Fain has repeatedly singled out Tesla, the largest non-union American automaker, as a target for the union’s organizing efforts.

“When we say Donald Trump is a scab, this is what we mean,” Fain said in a statement. “Both Trump and Musk want working class people to sit down and shut up, and they laugh about it openly. It’s disgusting, illegal, and totally predictable from these two clowns.”

The UAW president continued to blast the men in an interview with CNN’s Kaitlan Collins Tuesday night.

““They thumb their nose at labor law and there has got to come a reckoning in this country where the billionaires and the corporate class and employers are held accountable when they break the law,” Fain said on “The Source.”

The Trump campaign called the UAW charges a political orchestration by “Democrat special interest bosses.”

“This frivolous lawsuit is a shameless political stunt intended to erode President Trump’s overwhelming support among America’s workers,” said Trump campaign Senior Advisor Brian Hughes in a statement. “President Trump strengthened our economy and delivered results on behalf of the forgotten men and women of America, and he will do it again when he is re-elected on November 5.”

The NLRB acknowledged receipt of the charges but did not provide further comment. Tesla did not respond to CNN’s request for comment.

It’s unlikely Musk or Trump would face significant penalties if they’re found to have violated labor laws, and any action could take a long time to resolve. First, the NLRB will investigate the UAW’s charges. If it believes Trump and Musk are in the wrong, the NLRB could attempt to help settle the case – but it could also sue Trump and Musk on behalf of the UAW. Even then, if a judge finds Trump and Musk violated the law, they would typically order Trump and Musk to stop their behavior and make any employees that were wrongfully terminated whole.

But it’s not clear that Trump was referencing any specific workers Musk fired for organizing against his company. Workers have attempted to organize at Tesla several times. But Musk and Tesla’s aggressive tactics and outspoken opposition to unionization – in addition to Tesla’s strategy of granting factory workers stock options – has kept unionizing efforts at bay.

This isn’t Musk’s first run-in with the NLRB. Earlier this year, the board accused Tesla of illegally restricting technology in the workplace to dissuade workers in a Buffalo, New York, factor from organizing.

Harris’ campaign circulated the clip of Trump and Musk, saying: “Trump praises billionaire Elon Musk for firing workers who were striking for better pay and working conditions.”

CNN’s Kristen Holmes and Tori B. Powell contributed to this report.

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