The controversial works council election at Tesla’s Gigafactory on the outskirts of Berlin had already caused a stir in the run-up. Tesla CEO Elon Musk stated in a video interview with plant manager André Thierig that the further expansion of the German electric vehicle factory would depend on the outcome of the election. Musk referred to “external organisations pushing Tesla in the wrong direction”—most likely meaning IG Metall.

Following an incident during a meeting of the existing works council, in which an external IG Metall representative was allegedly recording audio on his laptop, Tesla plant manager André Thierig and IG Metall Berlin Brandenburg Sachsen publicly traded accusations. The dispute was eventually settled in a court agreement before the Labour Court in Frankfurt (Oder).

When the votes for the works council election were counted in early March, the result was a bitter defeat for IG Metall. The trade union, traditionally strong in the automotive sector, secured only 31% of the votes with its allied list, Tesla Workers GFBB, while the list led by incumbent works council chair Michaela Schmitz, called Giga United, achieved nearly 41%. Schmitz has long been accused of being close to management and is considered employer-friendly.

From IG Metall’s perspective, however, this result was achieved illegally, specifically through ‘numerous attempts at intimidation and unequal treatment of the individual lists and candidates,’ according to the union. As a result, IG Metall has now filed a motion with the Labour Court in Frankfurt (Oder) to declare the works council election invalid under § 19 of the Works Constitution Act. A successful challenge would mean the existing works council would be dissolved, and a new election would be held.

The lawsuit in the Tesla Grünheide case is being handled at the highest level within the union.

Christiane Benner, First Chair of IG Metall, commented: “The impression that the election at Tesla was influenced by threats is too serious to leave unchallenged in court. The colleagues at the plant, as well as the candidates for the works council, deserve fair elections without the fear of being punished for their decisions afterwards. In Germany’s rule of law, this must not only be possible but should be a matter of course—and, in our view, this was not the case during the previous works council elections at Tesla. Democratic principles must apply to these important democratic elections in this country.”

The union further stated that for months, Tesla employees had been led to believe that voting for IG Metall was a decision against Tesla and would have consequences for the future of the plant and their jobs. However, the Works Constitution Act prohibits obstructing elections, particularly through threats of disadvantages.

In IG Metall’s view, Tesla violated these rules and clearly took sides: supervisors distributed badges reading ‘Giga Yes, Union No’ and claimed that wages would be lower with IG Metall. Additionally, illuminated advertising on the Tesla plant’s façade was permitted only for the employer-friendly list, while the same action by the IG Metall list was immediately stopped. The union also highlighted that plant manager André Thierig and CEO Elon Musk had positioned themselves as described above to unduly influence the election.

Behind the struggle for the works council lies IG Metall’s strategic goal of securing a collective bargaining agreement for the Tesla Gigafactory in Grünheide, which plant manager André Thierig firmly rejects. IG Metall’s position is that standards common in the German automotive industry must finally apply there, such as the 35-hour week, shift allowances, and binding pay scales that determine which job falls into which pay grade. In Grünheide, however, wages for each employee are negotiated individually with Tesla. Additionally, the union criticises, among other things, a strict system for monitoring sick leave.

igmetall.de, spiegel.de (both in German)