IG Metall challenges Tesla works council election over intimidation and threats

The motion is based on Section 19 of Germany's Works Constitution Act, which prohibits obstruction of elections through threats or adverse consequences.

A pattern of intimidation

IG Metall points to a sustained campaign of intimidation against workers and candidates who supported the union list. For months, workers were told that voting for IG Metall was tantamount to voting against Tesla and would have consequences for the future of the plant and their jobs.

The intimidation came predominantly from supervisors and plant managers, who hold a special position within the company, which they have used to influence the election in an improper manner. Illuminated advertising on the factory façade was permitted for the pro-management list but immediately blocked for the IG Metall list. Managers distributed badges bearing the slogan "Giga Yes, Trade Union No," warned workers that voting for IG Metall would mean lower pay and, in some cases, issued direct instructions such as: "I can only advise you not to vote for the red list."

IG Metall general secretary and IndustriALL president Christiane Benner said:

"The impression that the election at Tesla was influenced by threats is too serious not to be resolved in court. Our colleagues at the plant, as well as the candidates for the works council, deserve fair elections without the feeling that they might subsequently be punished for their decisions. In a German constitutional state, this must not only be possible but a matter of course - and, in our view, this was not the case in the recent works council elections at Tesla. Democratic principles must apply to these vitally important democratic elections in this country."

Jan Otto, IG Metall regional director for Berlin-Brandenburg-Saxony, described the situation as unprecedented:

"As a trade unionist, I have never experienced such an attack on democratic co-determination as at Tesla. Elon Musk and the German Tesla management have used all their power to steer this works council election in their favour. We will defend ourselves against this by every means necessary. But legal disputes are not our priority, we are focusing all our efforts on working with our members to secure better working conditions at Grünheide."

If the challenge succeeds, the current works council would be dissolved and a new election held.

The case has broader implications for German labour law. The German Trade Union Confederation (DGB) has long called for a strict duty of employer neutrality in works council elections, arguing the Tesla case demonstrates the urgent need for stronger legal protections.