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Tesla says Buffalo layoffs part of performance review, not over union campaign

Tesla said the recently fired workers at its Buffalo plant was in response to a performance review cycle. Organizers claimed workers were fired because of their efforts to unionize.

Tesla refuted claims that it fired workers at its upstate New York plant for trying to unionize. 

Rather, the electric vehicle manufacturer said the layoffs were part of a performance review cycle, according to Barron's. About 4% of the employees that worked on the Autopilot labeling team at the plant were cut, the automaker told the outlet. 

However, on Thursday, the Tesla Workers Union, the group seeking to organize at the Buffalo plant, filed a complaint with the National Labor Relations Board (NLRB) claiming the company let go of dozens of workers immediately after their union drive went public this week.

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Tesla did not immediately respond to FOX Business' request for comment. 

The Rochester Regional Join Board of Workers United, which helped workers at Tesla's Gigafactory in Buffalo form the group, is trying to make the factory Tesla's first union shop. Their efforts to unionize went public on Tuesday. 

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The Rochester Regional Join Board of Workers United said Tesla issued pink slips to several workers the next day claiming it was in "retaliation for union activity and to discourage union activity."

In doing so, the group is arguing that Tesla committed unfair labor practices by firing the workers, and is asking the NLRB for injunctive relief. 

An unfair labor practice charge is filed by individuals, unions or employers who believe their National Labor Relations rights have been violated. 

This prompts an investigation by regional field examiners and attorneys, according to the labor board. The labor board receives about 20,000 to 30,000 chargers each year. However, officials said that more than half of all charges filed are either withdrawn or dismissed. 

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It takes between one and two weeks to decide the merits of the charge. In a case where there is probably merit, "the majority settle by agreements between the parties," according to the labor board. 

If a settlement isn't reached, the Regional Director will issue a complaint detailing the alleged violations. 

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