Tesla Fails in Challenge to NLRB Ruling on Musk Union Tweet

Tesla Inc. lost its legal challenge to an NLRB decision that company CEO Elon Musk’s tweet saying workers would lose stock options if they unionized was a threat that violated federal labor law.

The per curiam decision from the US Court of Appeals for the Fifth Circuit Friday gives a boost to the National Labor Relations Board’s efforts to police anti-union comments from high-profile figures opining on social media.

By contrast, the Third Circuit in May struck down a board ruling against the publisher of conservative online magazine the Federalist for tweeting that he’d send workers “back to the salt ...