National Labor Relations Board issues complaint against SpaceX

The National Labor Relations Board (NLRB) filed a complaint Wednesday accusing SpaceX, Elon Musk’s rocket company, of unlawfully firing eight former employees who drafted and circulated an open letter detailing workplace concerns.

The letter, circulated in 2022, criticized Musk’s actions and the allegations of sexual harassment against him, claiming they were negatively contributing to the company’s reputation. The letter also said the company was failing to live up to its “No Asshole” policy and its policy against sexual harassment.

The letter, whose authorship was not known at the time it was first reported, called on SpaceX to “publicly address and condemn Elon’s harmful Twitter behavior,” to “hold all leadership equally accountable” for bad behavior, and to “clearly define what exactly is intended by SpaceX’s ‘no-asshole’ and ‘zero tolerance’ policies and enforce them consistently.”

The NLRB on Wednesday alleged an employer at SpaceX told other staff that the open letter was the reason the eight former employees were discharged from their positions. The NLRB also alleged the employer discouraged participation in the open letter and restricted distribution of the letter, even threatening discharge “if employees engaged in protected concerted activities.”

In the complaint, according to the NLRB press release, the agency claimed the employer at SpaceX “interrogated other employees” about the letter and told them not to discuss those interviews. The SpaceX employer also “created an impression of surveillance,” including by “reading and showing screenshots of communications between employees,” the NLRB said.

The NLRB is seeking a settlement ahead of a scheduled hearing on March 5 this year. The complaint comes at the end of an investigation and is not a decision from the board, the NLRB said.

The NLRB general counsel said it was seeking reinstatement and back pay for the employees.

Anne Shayer, an attorney who represented the eight former SpaceX employees in filing unfair labor practice charges against the company, praised the complaint, writing in a statement, “The NLRB has spoken: SpaceX violated our clients’ workplace rights. This kind of flagrant violation of the law cannot be allowed to go unchecked. We look forward to trial.”

“At SpaceX the rockets may be reusable but the people who build them are treated as expendable. I am hopeful these charges will hold SpaceX and its leadership accountable for their long history of mistreating workers and stifling discourse,” said Paige Holland-Thielen, one of the employees who brought the case.

Another charging party, Tom Moline, said, “I had no doubt that the NLRB would recognize SpaceX’s actions for what they were: feeble attempts to punish, intimidate, and silence me and hundreds of other workers who simply sought to improve workplace conditions and address the toxic culture set by Elon Musk, enforced by Gwynne Shotwell, and enabled by all levels of SpaceX leadership. We will not be silenced, and I am confident that SpaceX will be held accountable for their illegal actions.”

SpaceX did not respond to a request for comment.