UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 31

SPACE EXPLORATION TECHNOLOGIES

CORP.

And Cases 3l-CA—307446

31—CA—307532
31-CA—307539
31-CA—307546
31-CA—307551
31—CA—307555

................5,7(c)1

and Case 31—CA—307514

6,7(C) an Individual

and Case 31-CA-307525

6,7(C) , an Individual

ORDER CONSOLIDATING CASES, CONSOLIDATED COMPLAINT,

AND NOTICE OF HEARING

Pursuant to Section 102.33 of the Rules and Regulations of the National Labor Relations

Board (the Board) and to avoid unnecessary costs or delay, IT IS ORDERED THAT Cases

3 l-CA-307446, 3 l-CA-307532, 3 l-CA-307539, 3 l-CA-307546, 3l-CA-307551, and 3 l-CA-

....................................................

Technologies Corp. (Respondent) are consolidated.

This Order Consolidating Cases, Consolidated Complaint, and Notice of Hearing, Which

is based on these charges, is issued pursuant to Section 10(b) of the National Labor Relations Act

2024-N LFO-00686-OOOOO1
(the Act), 29 U.S.C. § 151 et seq., and Section 102.15 of the Board’s Rules and Regulations,

and alleges Respondent has violated the Act as described below.

1. The charges in the above cases were filed by the respective Charging Parties, as

set forth in the following table, and served upon Respondent on the dates indicated by US. mail:

Case Number Amended Charging Date Filed Date Served

Party
31—CA—307446 N/A November 16, 2022 November 18, 2022
31-CA-307446 First January 20, 2023 January 27, 2023
Amended
3l-CA-307446 Second December 15, 2023 December 20, 2023
Amended
31-CA-307514 N/A November 16, 2022 November 21, 2022
31—CA—307514 First January 20, 2023 January 27, 2023
Amended
31—CA—307525 N/A November 16, 2022 November 21 , 2022

31-CA-307525 First January 20, 2023 January 30, 2023

Amended
31-CA-307532 N/A C November 16, 2022 November 21, 2022
31—CA—307532 First ( ) Janua 20, 2023 Janua 27, 2023
Amended 6’7 ry ry
31—CA—307539 N/A November 16, 2022 November 21, 2022
3l-CA-307539 First January 20, 2023 January 30, 2023
Amended
31-CA-307546 N/A November 16, 2022 November 21, 2022
31-CA-307546 First January 20, 2023 January 30, 2023
Amended
31—CA—307551 N/A November 16, 2022 November 21 , 2022
31-CA-307551 First January 20, 2023 January 30, 2023
Amended
31-CA-307555 N/A November 16, 2022 November 21, 2022
31-CA-307555 First January 20, 2023 January 27, 2023
Amended

2024-N LFO-00686-000002
 2. (a) At all material times, Respondent has been a corporation with an office

and place of business at 1 Rocket Road, Hawthorne, California 90250 (Hawthorne facility).

(b) In conducting its operations during the 12-month period ending September

21, 2023, a representative period, Respondent has been engaged in the manufacture and

operation of rocket vehicles and satellites and has provided launch services to the United States

valued in excess of$1,000,000.

(c) Based on its operations described above in paragraph 2(b), Respondent

has a substantial impact on the national defense of the United States.

(d) In conducting its operations during the period described above in

paragraph 2(b), Respondent purchased and received at its Hawthorne facility goods valued

in excess of $5,000 directly from points outside of the State of Califomia.

3. At all material times, Respondent has been an employer engaged in commerce

within the meaning of Section 2(2), (6), and (7) of the Act.

4. At all material times, the following individuals held the positions set forth

opposite their respective names and have been supervisors of Respondent within the meaning

of Section 2(11) of the Act and/or agents of Respondent within the meaning of Section 2( 13)

of the Act:

6,7(0): 6,7(C)

2024-N LFO-00686-OOOOO3
 1'ifi:fii:fif3%}???{iiiiiiifi - We)
5. (a) About5,7(C), 2022, Respondent’s employees 6,7(C)

6,7(C) LL 6,7(C) 6,7(C) ;: 6,7(C) 6,7(C) L 6,7(C) L

and 6,7(C) engaged in concerted activities with other employees for the purposes of

mutual aid or protection by drafting and distributing an open letter that detailed workplace

concerns (Open Letter).

(b) Abouti 6,7(C) i2022, Respondent discharged; 6,7(C) L

5,7(c) 6,7(C) Land: 6,7(C)

(c) About; 6,7(C) @2022, Respondent placedLL 6,7(C) on

administrative leave.

((1) About 6,7(C) 2022, Respondent placed 6,7(C) on

administrative leave.

and 5,7(C)

5,7(C) ,i
....................................
5,7(C) 5,7(C) andE 6,7(C) Eengaged in the conduct

described above in paragraph 5(a), and to discourage employees from engaging in these or

other concerted activities.

///

///

2024-N LFO-00686-OOOOO4
 9. AboutL .........................................
6,7(C) L2022, Respondent, byLL ............................
6,7(C) , in a conference roomL 6,7(C) L

6,7(C) Lof the Hawthorne facility, interrogated an employee about

the Open Letter.

10. AboutL 6,7(C) 2022, Respondent, by 6,7(C) and/orL 5,7(C) in

the following locations, told employees that they were being discharged for their participation

in the Open Letter:

(a) A conference room at the Hawthorne facility, and

(b) Via telephone.

11. AboutL...............................................................
6,7(C) L2022, Respondent, byL 6,7(C) Lin an email to all

employees announced that employees had been discharged for their involvement in the Open

Letter.

12. About 6,7(C) 2022, Respondent, byL 6,7(C) at the Hawthorne facility,

made coercive statements concerning employees’ protected concerted activities by disparaging

the Open Letter and those employees who had participated in drafting it and by inviting

employees to quit if they disagreed with the behavior of Chief Executive Officer Elon Musk.

2024-N LFO-00686-OOOOO5
 13. AboutL 6,7(C) L 2022, Respondent, byL 5,7(C) L at the Hawthorne facility,

told employees at a meeting that the terminated employees were discharged for their

involvement with the Open Letter.

14. AboutL 5,7(C) L2022, Respondent, by-L 6,7(C) outside of the Hawthorne

facility, impliedly invited employees to quit if they wished to engage in protected concerted

activities.

15. AboutL 6,7(C) L 2022, Respondent, by 5,7(C) outside of the Hawthorne

facility, impliedly invited employees to quit if they wished to engage in protected concerted

activities.

___________________ outside of the Hawthorne

17. AboutL_ 5,7(C) L 2022, Respondent, by 5,7(C) impliedly threatened

employees with discharge if they continued discussion of the issues contained in the Open Letter.

18. About 6,7(C) 2022, Respondent, by 6,7(C) told employees during a

meeting that employees were discharged for their participation in creating and distributing the

Open Letter.

19. About 5,7(C) 2022, Respondent, byL 6,7(C) in a small conference

room on the first floor of the main building of the Hawthorne facility, interrogated employees

about their involvement in the Open Letter and other employees” protected concerted activities.

20. About 5,7(C) 2022, Respondent, by 5,7(C) in a small conference

room on the first floor of the main building of the Hawthorne facility, during an investigatory

interview instructed an employee not to discuss the interview with anyone.

2024-N LFO-00686-000006
 21. About 6,7(C) 2022, Respondent, by 6,7(C) Lat Respondent’s facility

in Redmond, Washington, interrogated employees about their protected concerted activities.

22. About 5,7(C) 2022, Respondent, byL 6,7(C) L at Respondent’s facility

in Redmond, Washington, by showing employees screen shots of communications between

employees concerning the Open Letter created an impression among its employees that their

protected concerted activities were under surveillance by Respondent.

23. AboutL 6,7(C) L2022, Respondent, byL 6,7(C) L at Respondent’s facility

in Redmond, Washington, during an investigatory interview instructed an employee to not

discuss the interview with anyone.

24. About 6,7(C) 2022, Respondent, byL 6,7(C) L in a small conference

room on the first floor of the main building of Respondent’s Hawthorne facility, interrogated

employees about their involvement with the Open Letter and other protected concerted activities.

25. AboutL 6,7(C) L2022, Respondent, byL 6,7(C) Lin a small conference

room on the first floor of the main building of Respondent’s Hawthorne facility, by reading

aloud to employees communications between employees concerning the Open Letter, created an

impression among its employees that their protected concerted activities were under surveillance

by Respondent.

26. AboutL 6,7(C) L2022, Respondent, by 5,7(C) at the Hawthorne

facility, interrogated employees about their participation in group chats and involvement with

the Open Letter.

27. AboutL 6,7(C) 2022, Respondent, byL 6,7(C) at the Hawthorne

facility, by showing employees screen shots of communications between employees concerning

2024-N LFO-00686-OOOOO7
the Open Letter, created an impression among its employees that their protected concerted

activities were under surveillance by Respondent.

28. About 6,7(C) 2022, Respondent, byL 6,7(C) at the Hawthorne

facility, during an investigatory interview instructed an employee to not discuss the interview

with anyone.

29. By the conduct described above in paragraphs 5(b) through (g) and 6 through 28,

Respondent has been interfering with, restraining, and coercing employees in the exercise of

the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act.

30. The unfair labor practices of Respondent described above affect commerce within

the meaning of Section 2(6) and (7) of the Act.

WHEREFORE, as part of the remedy for the unfair labor practices alleged above in

paragraphs 5 through 28, the General Counsel seeks an Order requiring Respondent to:

i. Post the notice for 120 days, including electronically posting the notice on

platforms where Respondent regularly communicates with employees;

ii. Hold a meeting or meetings scheduled to ensure the widest possible

the notice to the employees on worktime in the presence of a Board agent.

Alternatively, the General Counsel seeks an order requiring that Respondent

promptly have a Board agent read the notice to employees during worktime

in the presence of Respondent’s supervisors and/or agents identified above

in paragraph 4. Each employee present at the meeting at which the Notice

is to be read shall be provided a copy of the Notice before it is read aloud;

2024-N LFO-00686-OOOOO8
 iii. Post the Board’s Explanation of Employee Rights poster for one year

to ensure that employees fully understand their rights under the Act;

iv. Within 60 days of the issuance of a Board Order, permit a Board Agent to

conduct a training on the National Labor Relations Act and unfair labor

practices for all management officials and supervisors employed by

Respondent. This training will take place either in person or via a

videoconference platform, at the General Counsel’s discretion. The date,

time, and manner of the training must be approved by the General Counsel.

The General Counsel will determine the curriculum for the training; and

Draft and send letters to each of the discriminatees named in paragraph 5

apologizing to them for their discharge and/or discipline, any hardship or

distress this caused, and requiring Respondent to provide a copy of each

letter to the Regional Director within 14 days of distribution.

The General Counsel further seeks all other relief as may be just and proper to remedy

the unfair labor practices alleged.

ANSWER REQUIREMENT

Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board’s Rules

and Regulations, it must file an answer to the complaint. The answer must be received by this

office on or before Januarv 17, 2024, or postmarked on or before January 16, 2024.

Respondent also must serve a copy of the answer on each of the other parties.

The answer must be filed electronically through the Agency’s website. To file

electronically, go to rwwvnlrbgov, click on E-File Documents, enter the NLRB Case Number,

and follow the detailed instructions. Responsibility for the receipt and usability of the answer

rests exclusively upon the sender. Unless notification on the Agency’s website informs users that

-9-

2024-N LFO-00686-000009
the Agency’s E-Filing system is officially determined to be in technical failure because it is

unable to receive documents for a continuous period of more than 2 hours after 12:00 noon

(Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused

on the basis that the transmission could not be accomplished because the Agency’s website was

off—line or unavailable for some other reason. The Board’s Rules and Regulations require that

an answer be signed by counsel or non-attorney representative for represented parties or by the

party if not represented. See Section 102.21. If the answer being filed electronically is a pdf

document containing the required signature, no paper copies of the answer need to be transmitted

to the Regional Office. However, if the electronic version of an answer to a complaint is not

a pdf file containing the required signature, then the E-filing rules require that such answer

containing the required signature continue to be submitted to the Regional Office by traditional

means within three (3) business days after the date of electronic filing. Service of the answer on

each of the other parties must still be accomplished by means allowed under the Board’s Rules

and Regulations. The answer may not be filed by facsimile transmission. If no answer is filed,

or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment,

that the allegations in the complaint are true.

NOTICE OF HEARING

PLEASE TAKE NOTICE THAT on Tuesdav, March 05, 2024, 9:00 a.m. at Region 31

of the National Labor Relations Board, 11500 West Olympic Blvd, Suite 600, Los Angeles,

CA 90064, and on consecutive days thereafter until concluded, a hearing will be conducted

before an administrative law judge of the National Labor Relations Board. At the hearing,

Respondent and any other party to this proceeding have the right to appear and present testimony

regarding the allegations in this complaint. The procedures to be followed at the hearing are

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2024-N LFO-00686-OOOO1O
described in the attached Form NLRB-4668. The procedure to request a postponement of the

hearing is described in the attached Form NLRB—4338.

Dated: January 3, 2024

(WWW
MORI RILBIN, REGIONAL DIRECTOR
NATIONAL LABOR RELATIONS BOARD
REGION 31
11500 WEST OLYMPIC BLVD, SUITE 600
LOS ANGELES, CA 90064—1753

Attachments

-11-

2024-NLFO-00686-00001 1
FORNI NLRB 4338
(6-90)
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD

Cases 3 l-CA-307446, et al.

The issuance of the notice of formal hearing in this case does not mean that the matter
cannot be disposed of by agreement of the parties. On the contrary, it is the policy of this office
to encourage voluntary adjustments. The examiner or attorney assigned to the case will be
pleased to receive and to act promptly upon your suggestions or comments to this end.

An agreement between the parties, approved by the Regional Director, would serve to
cancel the hearing. However, unless otherwise specifically ordered, the hearing will be held at
the date, hour, and place indicated. Postponements will not be granted unless good and
sufficient grounds are shown and the following requirements are met:

(1) The request must be in writing. An original and two copies must be filed with the
Regional Director when appropriate under 29 CFR 102.16(a) or with the Division of
Judges when appropriate under 29 CFR 102.16(b).
(2) Grounds must be set forth in detail;
(3) Alternative dates for any rescheduled hearing must be given;
(4) The positions of all other parties must be ascertained in advance by the requesting
party and set forth in the request; and
(5) Copies must be simultaneously served on all other parties (listed below), and that fact
must be noted on the request.

Except under the most extreme conditions, no request for postponement will be granted during
the three days immediately preceding the date of hearing.

Harry I. Johnson I”, Attorney

Space Exploration Technologies Corporation Morgan, Lewis & Bockius LLP
One Rocket Road 2049 Century Park East, Suite 700
Hawthorne, CA 90250 Los Angeles, CA 90067-3109

Lauren M. Emery, Attorney

Morgan, Lewis 8: Bockius, LLP
1030 15th Street, NW 110 North Wacker Drive, Suite 4800
Washington, DC 20005 Chicago, IL 60606—1511

Matthew A. Harper, Attorney Laurie M. Burgess, Attorney

Morgan Lewis & Bockius LLP Burgess Law Offices PC
1000 Louisiana St Ste 4000 498 Utah Street
Houston, TX 77002—5048 San Francisco, CA 94110-1435

Anne Shaver, Attorney at Law

Lieff Cabraser Heimann 81 Bernstein LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111

2024-N LFO-00686-000012
Form NLRB—4668
(6—20 14)

Procedures in NLRB Unfair Labor Practice Hearings

The attached complaint has scheduled a hearing that will be conducted by an administrative law judge (ALJ) of the
National Labor Relations Board who will be an independent, impartial finder of facts and applicable law. You may
be represented at this hearing by an attorney or other representative. If you are not currently represented by an
attorney, and wish to have one represent you at the hearing, you should make such arrangements as soon as possible.
A more complete description of the hearing process and the ALJ’s role may be found at Sections 102.34, 102.35,
and 102.45 of the Board’s Rules and Regulations. The Board’s Rules and regulations are available at the following
link: wwwnlrb. gov/sites/default/files/attachments/basicpage/node—il 71 7/rules and regs part 102.pdf.

The NLRB allows you to file certain documents electronically and you are encouraged to do so because it ensures
that your government resources are used efficiently. To e—file go to the NLRB’s website at www.nlrb. gov, click on
“e—file documents,” enter the 10—digit case number on the complaint (the first number if there is more than one), and
follow the prompts. You will receive a confirmation number and an e—mail notification that the documents were
successfully filed.

Although this matter is set for trial, this does not mean that this matter cannot be resolved through a
settlement agreement. The NLRB recognizes that adjustments or settlements consistent with the policies of the
National Labor Relations Act reduce government expenditures and promote amity in labor relations and encourages
the parties to engage in settlement efforts.

I. BEFORE THE HEARING

The rules pertaining to the Board’s pre—hearing procedures, including rules concerning filing an answer, requesting a
postponement, filing other motions, and obtaining subpoenas to compel the attendance of witnesses and production
of documents from other paIties, may be found at Sections 102.20 through 102.32 Of the Board’s Rules and
Regulations. In addition, you should be aware of the following:

0 Special Needs: If you or any of the witnesses you wish to have testify at the hearing have special needs
and require auxiliary aids to participate in the hearing, you should notify the Regional Director as soon as
possible and request the necessary assistance. Assistance will be provided to persons who have handicaps
falling within the provisions of Section 504 Of the Rehabilitation Act of 1973, as amended, and 29 C.F.R.
100.603.

0 Pre—hearing Conference: One or more weeks before the hearing, the ALJ may conduct a telephonic
prehearing conference with the parties. During the conference, the ALJ will explore whether the case may
be settled, discuss the issues to be litigated and any logistical issues related to the hearing, and attempt to
resolve or narrow outstanding issues, such as disputes relating to subpoenaed witnesses and documents.
This conference is usually not recorded, but during the hearing the ALJ or the parties sometimes refer to
discussions at the pre—hearing conference. You do not have to wait until the prehearing conference to meet
with the other paIties to discuss settling this case or any other issues.

I]. DURING THE HEARING

The rules pertaining to the Board’s hearing procedures are found at Sections 102.34 through 102.43 of the Board’s
Rules and Regulations. Please note in particular the following:

0 Witnesses and Evidence: At the hearing, you will have the right to call, examine, and cross—examine
witnesses and to introduce into the record documents and other evidence.

0 Exhibits: Each exhibit offered in evidence must be provided in duplicate to the court reporter and a
copy of each of each exhibit should be supplied to the ALJ and each party when the exhibit is offered
in evidence. If a copy of any exhibit is not available when the original is received, it will be the
responsibility Of the party offering such exhibit to submit the copy to the ALJ before the close of hearing.

(OVER)

2024-N LFO-00686-000013
Form NLRB—4668
(6—20 14)

If a copy is not submitted, and the filing has not been waived by the ALJ, any luling receiving the exhibit
may be rescinded and the exhibit rejected.

0 Transcripts: An Official court reporter will make the only Official transcript of the proceedings, and all
citations in briefs and arguments must refer to the Official record. The Board will not certify any transcript
other than the Official transcript for use in any court litigation. Proposed corrections of the transcript
should be submitted, either by way of stipulation or motion, to the ALJ for approval. Everything said at the
hearing while the hearing is in session will be recorded by the Official reporter unless the ALJ specifically
directs Off—the—record discussion. If any party wishes to make Off—the—record statements, a request to go Off
the record should be directed to the ALJ.

0 Oral Argument: You are entitled, on request, to a reasonable period of time at the close of the hearing for
oral argument, which shall be included in the transcript Of the hearing. Alternatively, the ALJ may ask for
oral argument if, at the close of the hearing, if it is believed that such argument would be beneficial to the
understanding of the contentions of the parties and the factual issues involved.

0 Date for Filin0 Post—Hearing Brief: Before the hearing closes, you may request to file a written brief or
proposed findings and conclusions, or both, with the ALJ. The ALJ has the discretion to grant this request
and to will set a deadline for filing, up to 35 days.

III. AFTER THE HEARING

The Rules pertaining to filing post—hearing briefs and the procedures after the ALJ issues a decision are found at
Sections 102.42 through 102.48 of the Board’s Rules and Regulations. Please note in particular the following:

0 Extension of Time for Filing Brief with the ALJ: If you need an extension of time to file a post—hearing
brief, you must follow Section 102.42 Of the Board’s Rules and Regulations, which requires you to file a
request with the appropriate chief or associate chief administrative law judge, depending on where the trial
occurred. You must immediately serve a copy of any request for an extension of time on all other
parties and furnish proof of that service with your request. You are encouraged to seek the agreement
of the other parties and state their positions in your request.

I ALJ’s Decision: In due course, the ALJ will prepare and file with the Board a decision in this matter.
Upon receipt of this decision, the Board will enter an order transferring the case to the Board and
specifying when exceptions are due to the ALJ’s decision. The Board will serve copies Of that order and
the ALJ ”s decision on all parties.

I Exceptions to the ALJ’s Decision: The procedure to be followed with respect to appealing all or any part
of the ALJ’s decision (by filing exceptions with the Board), submitting briefs, requests for oral argument
before the Board, and related matters is set forth in the Board's Rules and Regulations, particularly in
Section 102.46 and following sections. A summary of the more pertinent of these provisions will be
provided to the parties with the order transferring the matter to the Board.

2024-N LFO-00686-OOOO14