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Tag: labor

  • Elon Musk wins court victory in a dispute over a 2018 post during a labor dispute

    Elon Musk wins court victory in a dispute over a 2018 post during a labor dispute

    NEW ORLEANS — A federal agency was wrong to order that Tesla CEO Elon Musk delete a 2018 social media post that union leaders saw as a threat to employee stock options, a sharply divided federal appeals court has ruled.

    The case involved a post made on what was then known as Twitter during United Auto Workers organizing efforts at a Tesla facility in Fremont, California. The post was made years before Musk bought the platform, now known as X, in 2022.

    On May 20, 2018, Musk tweeted: “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues and give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare.”

    The National Labor Relations Board said it was an illegal threat. After Tesla appealed, three judges on the 5th U.S. Circuit Court of Appeals in New Orleans upheld that decision, as well as a related NLRB order that Tesla rehire a fired employee, with back pay.

    But Tesla sought a rehearing, and the full 5th Circuit later threw out the earlier decision and voted to hear the matter again. In an opinion dated Friday, the judges split 9-8 in favor of Tesla and Musk.

    “We hold that Musk’s tweets are constitutionally protected speech and do not fall into the categories of unprotected communication like obscenity and perjury,” the unsigned opinion said.

    The majority also found the NLRB must reconsider its order that the fired employee be reinstated, saying there was no proof that the person who fired the worker acted out of ill will toward the union.

    The 11-page opinion was followed by a 30-page dissent on behalf of eight judges, written by Judge James Dennis.

    “Relevant here, the Supreme Court has consistently held that the First Amendment does not protect threatening, coercive employer speech to employees in the labor organization election context— the precise category of speech Musk disseminated via Twitter,” Dennis wrote.

    He also argued that the attitude of the supervisor who fired the worker was not relevant to whether he should be reinstated. The worker, Dennis wrote, “was fired for declining to divulge information about protected union activities during an interrogation.”

    The ruling sent the case back to the NLRB for further action. It was not immediately clear if there would be an appeal to the U.S. Supreme Court. The Associated Press sent an email to the UAW Tuesday seeking information on the union’s next move.

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  • Robot waiters in Kenya create a buzz. But there are concerns about what it means for human labor

    Robot waiters in Kenya create a buzz. But there are concerns about what it means for human labor

    NAIROBI, Kenya — Children giggle as young people flash their smartphones to film robots carrying plates of freshly prepared meals on their inbuilt trays to deliver to diners in a busy eatery in Kenya’s capital.

    Nairobi has a vibrant tech industry with various startups and innovations in operation and has positioned itself as a tech hub in the East African region bearing the nickname The Silicone Savanna.

    This is the Robot Cafe, believed to be the first of its kind in Nairobi and East Africa, where three robots glide among human waiters serving food to mesmerized customers.

    These preprogrammed robots were acquired for entertainment. Cafe owner Mohammed Abbas says he experienced robot service in Asian and European countries and decided to invest in them.

    “It was very expensive to import the robots,” he says, but adds that the investment has borne fruit, because the restaurant is “often busy with curious customers” who come to experience robot service.

    One customer, Packson Chege, picks up a plate of fries from the robot tray as his friend films the experience across the table.

    “I can say it is something unique because here in our country Kenya, I have never seen a restaurant like this one so I think for me, it is a good idea from the owner of this restaurant,” he said.

    The three robots, which are named Claire, R24 and Nadia, aren’t programmed to have a full conversation with customers, but they can say “Your order is ready, Welcome” and then people have to press an exit button after picking up their food from the tray.

    They are commanded by waiters through an application on an iPad.

    Human waiters are still important in the operations of the cafe, because they take orders from customers who don’t use the online ordering option. The waiters then place the food on the robot tray when it’s ready and deliver drinks in person.

    The technology is predicted to disrupt the future workforce globally, and especially in Africa, where there is a youthful population with a median age of 19 years.

    But the cafe’s manager says the robots aren’t a replacement for human waiters as they can’t offer all services.

    “At no point are the robots able to fully function in all the services that are supposed to be ongoing in the restaurant without the human touch,” John Kariuki said. “The robots are actually way too expensive for us to acquire, so if you are trying to save money, it is not going to work if you choose to go the robotic way.”

    A hospitality industry expert, Edith Ojwang, said that there’s room for robotic and human service to coexist in the industry.

    “The hospitality industry is very diverse. We have clients who will prefer robotic service and full automation, while we also have clients who will prefer human service, the human touch and warmth that comes with human service so it is not entirely a threat to human labor because of the diverse nature of the hospitality client base,” she said.

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