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SMPC says unit to appeal ERC fines

SEM-CALACA Power Corp. (SCPC) will appeal the fines imposed by the Energy Regulatory Commission (ERC), its parent firm said on Thursday, after the regulator ruled that the power plant’s units breached the allowed unplanned outages.

“While SCPC has not received a copy of the official resolution, it intends to appeal this Decision by filing a Motion for Reconsideration with the ERC,” Semirara Mining and Power Corp. (SMPC) said in a disclosure to the exchange on Thursday.

SMPC said the ERC on Jan. 28 posted on its website a decision on two cases involving SCPC as respondent.

It said SCPC was fined P337,200 for allegedly exceeding the number of allowed unplanned outages by 5.24 days for its power plant’s first unit; and P3,975,600 for allegedly exceeding the number of allowed unplanned outages by 96.2 days for the second unit.

In its decision, the ERC said SCPC violated Article 5 of the commission’s Resolution No. 10, Series of 2020 after its power plant’s units 1 and 2 in Calaca, Batangas exceeded the allowable unplanned outages for a pulverized coal-fired power plant per generation unit per year.

The ERC decision also cited Resolution No. 21, series of 2016, which measures power reliability via frequency, duration, and magnitude of adverse effects on the electric supply.

Frequency served as the basis of the imposable penalty, while duration and magnitude are given the percentages of 40% and 60%, respectively, in consideration of their significance to reliability, the commission explained in its decision. — M.C. Lucenio

Whoopi Goldberg suspended from The View over Holocaust remarks

WHOOPI GOLDBERG is the moderator on ABC’s The View — ROBERT ASCROFT/ABCNEWS.GO.COM

WHOOPI Goldberg was suspended from ABC’s The View talk show on Tuesday for asserting a day earlier that the Holocaust was “not about race,” the network’s news division president said, addressing a furor over the comments.

The 66-year-old Ms. Goldberg apologized for her remarks later on Monday during an appearance on The Late Show, and again on the next broadcast of The View on Tuesday morning.

“Effective immediately, I am suspending Whoopi Goldberg for two weeks for her wrong and hurtful comments,” Kim Godwin, president of ABC News, said in a statement the network posted on Twitter.

“While Whoopi has apologized, I’ve asked her to take time and reflect and learn about the impact of her comments,” Godwin said. “The entire ABC News organization stands in solidarity with our Jewish colleagues, friends, family, and communities.”

Ms. Goldberg and her View co-hosts were discussing the Holocaust after a local school board in Tennessee voted to remove the graphic novel Maus, by Art Spiegelman, from its eighth-grade language arts curriculum. The McMinn County school officials cited profanity and nudity in the Pulitzer Prize-winning work.

“This is white people doing it to white people, so y’all going to fight amongst yourselves,” Ms. Goldberg said at one point.

Jewish groups and others were infuriated by Ms. Goldberg’s assertions, which they said contradicted the fact that the Nazis killed some 6 million Jews during World War II based on an anti-Semitic ideology fomented by Adolf Hitler’s that they were an inferior race.

“No Whoopi Goldberg, the Holocaust was about the Nazis’ systematic annihilation of the Jewish people — who they deemed to be an inferior race,” Jonathan Greenblatt, chief executive of the Anti-Defamation League, said on Twitter in response to the comments.

“They dehumanized them and used this racist propaganda to justify slaughtering 6 million Jews. Holocaust distortion is dangerous,” Mr. Greenblatt said.

The comedian and actress, born Caryn Johnson, won an Academy Award for her role in the film Ghost. — Reuters

Monica Vitti, 20th century Italian screen legend, 90

MONICA VITTI — © 1960 - CINO DEL DUCA/ IMDB.COM

ROME — Monica Vitti, one of the most beloved, versatile and accomplished stars of Italy’s golden years of cinema in the mid-20th century, died on Tuesday. She was 90.

Her death was announced on Twitter by Walter Veltroni, a filmmaker and former Rome mayor, who was given the news by Vitti’s husband, Roberto Russo.

Italian media said Ms. Vitti is believed to have died of complications from Alzheimer’s disease, from which she had been suffering for more than a decade.

Prime Minister Mario Draghi called her “a woman of great irony and extraordinary talent who conquered generations of Italians with her spirit, her talent and her beauty. She gave radiance to Italian cinema in the world.”

“A great actress has gone,” said fellow cinema diva Sophia Loren, 87. “Her death is a great loss not just for cinema but for all of us.”

Ms. Vitti shot to international fame in 1960 when she was not yet 30 with a leading role in L’Avventura (The Adventure) by famed Italian director Michelangelo Antonioni.

Shot in black and white and with relatively little dialogue, long silences, and many close-ups of the blonde Vitti, it tells the story of love, jealousy, boredom, and betrayal among a group of rich friends on a boating trip around the Aeolian islands.

The first part of Antonioni’s trilogy on the theme of “modernity and its discontents,” L’Avventura won the jury prize at the Cannes festival in 1960 and Ms. Vitti won the Golden Globe for Best Breakthrough Actress the following year.

She went on to star with some of Italy’s most famous actors, including Marcello Mastroianni, Alberto Sordi, and Vittorio Gassman, as well as foreigners such as Michael Caine, Alain Delon, and Dirk Bogarde.

Born Maria Luisa Ceciarelli in Rome in 1931, she lived through World War II as an adolescent, graduated from the National Academy of Dramatic Arts and began getting bit roles.

Ms. Vitti did several comedy roles before meeting Antonioni and joining his Teatro Nuovo theater company in Milan before the making of L’Avventura.

In the 1970s, she made a series of highly successful romantic comedies with directors such as Ettore Scola.

With Mr. Sordi as both director and lead actor, she starred in Polvere di Stelle (Stardust), a comic song-and-dance film about a husband-and-wife team who stage shows to entertain US soldiers moving through the countryside during World War Two.

She won the David di Donatello award for best actress for that film in 1974.

In 1990 Ms. Vitti tried her hand at directing, starring with Elliott Gould in Scandalo Segreto, but the film was not successful.

She made numerous television appearances before she became ill and spent the last years of her life privately at home, taken care of by her husband. — Reuters

ICCP SBI Venture Partners secures $4.2-M capital for AI firm

ICCP SBI Venture Partners, Inc. (ISVP) raised $4.2 million after its “Series A” funding round for Singapore-based artificial intelligence (AI) powered hiring solutions firm, X0PA AI.

ISVP is a joint venture of two venture capital firms, ICCP Venture Partners, Inc. and Japan-based SBI Holdings, Inc.

“We are looking to change the game in equitable hiring and selections by reducing unconscious bias and subjectivity leading to more diverse workplaces and better selection outcomes,” X0PA Founder and Chief Executive Officer Nina Alag Suri said in a statement on Thursday. 

X0PA secured additional capital from government-backed Enterprise Singapore funding agency SEEDS Capital, US-based AI8 Ventures, Taiwan’s XCEL NEXT Ventures, and India-based SASV Investments.

“We are now at an inflection point in history where technology is advanced enough to understand humans and optimize recruitment in ways we never could,” ISVP Managing Director Miguel P. Encarnacion said.

“ISVP’s seasoned venture capital team from the Philippines, Japan and Silicon Valley see the need to invest in these revolutionary technology companies,” he added.

Growing tech companies ISVP is looking at are those in fintech, LogisticsTech, PropTech, and Future of Work businesses in markets such as the US, Canada, Europe, United Kingdom, and Southeast Asia.

X0PA plans to use the funds for its global expansion in other countries in Asia, the US, Latin America, and European markets.

“We want to continue to capitalize on our sophisticated algorithms and intelligent automation to make the entire process efficient hence saving considerable costs and time while ensuring the ideal match between the employers and candidates,” Ms. Suri said. — Keren Concepcion G. Valmonte

Asa Miller to get house and lot in Tagaytay if he wins a medal

FIL-AM ALPINE SKIER ASA MILLER — ASA MILLER FB PAGE

PHILIPPINE Olympic Committee (POC) President Abraham Tolentino promised Fil-Am alpine skier Asa Miller a house and lot in Tagaytay should he snare a medal in the Beijing Winter Olympics set on Feb. 4-20.

Although the congressman from Tagaytay knows the field is ultra-competitive, he is not discounting the possibility of the 21-year-old Mr. Miller, the country’s lone bet to the quadrennial event, pulling off a surprise.

“Remember what I gave our Olympic medalists — the gold, the silver and the bronze? I gave them a house and lot each in Tagaytay. Get one,” Mr. Tolentino told Mr. Miller during a meeting with Mr. Miller at the National Alpine Skiing Centre atop Xiaohaituo Mountain on Wednesday.

The PhilCycling chief was referring to the ones he gave weightlifter Hidilyn F. Diaz, who delivered the country’s historic Olympic gold in the Tokyo Games last year, and boxers Nesthy A. Petecio, Carlo Paalam and Eumir Felix D. Marcial, who copped a silver, silver and bronze, respectively.

Those were apart from the monetary rewards the Olympic medalists received from government and the private sector.

“The gold medalist [Diaz] got was more than a million dollars (P51 million),” said Mr. Tolentino, who was the first POC president in memory to attend the Winter Games since the country started qualifying athletes to the meet in Sapporo, Japan, in 1972.

Mr. Miller, whose giant slalom event is unfurling on Feb. 13, vowed to give it all.

“I’ll do my best… there are lots of best skiers out there. It takes time, I have to build and take the process,” said Mr. Miller, who thanked Mr. Tolentino and the Philippine Sports Commission for bankrolling his campaign.   

POC chief legal counsel Billy Sumagui accompanied Mr. Tolentino in the trip.

BANK OF CHINA AND SM LINK UP TO SUPPORT ASA MILLER
With the Beijing 2022 Winter Olympics happening this month, Bank of China and SM Supermalls have partnered to celebrate and support the Philippines lone entry in the Winter Games, Alpine skier Asa Bisquera Miller. He will be competing in the men’s slalom and the giant slalom.

With support from the Philippine Sports Commission (PSC), the Philippine Skating Union (PHSU), the Philippine Olympic Committee, and the Chinese Embassy, Bank of China Manila and SM recently showcased some of the country’s best ice skaters in the newly iced SM Mall of Asia Ice Skating Rink. Entitled “Together on Ice,” the campaign seeks to bring more visibility towards winter and ice sports, a rarity in a tropical country like the Philippines.

According to PSC Commissioner Celia Kiram, these initiatives are especially important in today’s current context. “Despite the limitations of the pandemic, we need to continue and support our Filipino athletes, as well as promote the moral values that come with sports. Because sports promote community — something that has been missing for a lot of people during this difficult time.”

“We’re thankful for organizations and activities that actively promote winter and ice sports in the Philippines, especially since we have no winter,” said Jim Palomar Apelar, president of the Philippine Ski and Snowboard Federation. “This is an important step towards attracting more Filipino athletes to the fold.”— Joey Villar

Central bank proposes model for digital financial marketplace

BW FILE PHOTO

THE BANGKO SENTRAL ng Pilipinas (BSP) is proposing a model for a digital financial marketplace, where various financial institutions can offer services through a one-stop platform.

A draft circular posted on the BSP’s website said banks and other financial service providers can partner for a digital financial marketplace where they can offer their products and services. The platform-based model will be operated by a bank or an electronic money issuer with fees and commissions.

The platform can be done by universal, commercial, digital banks, or electronic money issuers (EMI) and other financial service providers, the central bank said.

“Underpinning the adoption of a digital financial marketplace model are sound governance and risk management system, including an effective information sharing arrangement to ensure that attendant risks are adequately managed, and consumer interests are protected,” the BSP said in the proposed circular.

Interested financial service providers that will partner together for the digital finance marketplace shall have a combined capital of at least P1 billion in order to operate. They should also hold an Advanced Electronic Payments and Financial Services license for the digital financial marketplace platform, the central bank said in the draft.

Financial institutions that will take part in a digital financial marketplace should be licensed by regulators like the BSP, the Securities and Exchange Commission or the Insurance Commission.

Banks and EMIs looking to establish a one-stop platform will be required to submit to the central bank documents on their profile, audited financial statements for the last three years, registration or accreditation from concerned regulators, contracts between financial service providers, and marketing materials, among others.

Upon compliance with prudential and due diligence measures, financial institutions should send a notification letter to the BSP’s Technology Risk and Innovations Supervision Department and other appropriate central bank departments at least 30 days before launching their platform, according to the draft circular.

“Non-compliance with BSP regulations on consumer protection, data privacy and data protection and other consumer protection and data protection laws and regulations, shall be considered grounds for termination or non-renewal of digital financial marketplace agreements entered into with partner financial service providers,” the BSP said.

ACCREDITATION RULES NEEDED
Banks and EMIs that will establish their digital financial marketplace are expected to craft their own policies and criteria in accrediting financial service providers by looking into their reputation, financial performance, operations and internal control, consumer assistance mechanism, anti-money laundering and counter-terrorism financing measures, and compliance to applicable laws and supervisory expectations.

Concerned stakeholders can send their feedback on the proposal to the BSP until Feb. 16.

The BSP said the digital financial marketplace model complements the earlier released open finance framework, which allows for customer-consented data sharing among financial institutions in bringing services to consumers. — Luz Wendy T. Noble

Jollibee’s West Malaysia store to open doors next week

JOLLIBEE Foods Corp.’s (JFC) first restaurant in West Malaysia is set to open next week, the company said in a statement on Thursday.

The company said the first branch will open on Feb. 8, which will be located at Sunway Pyramid, Klang Valley. West Malaysia covers Malaysian capital city Kuala Lumpur.

Jollibee West Malaysia’s restaurant design will feature “bright and bold wall murals,” showing the company’s food offerings, business history, and wide store network.

Jollibee said the branch can accommodate 62 people while complying with physical distancing guidelines.

The company previously said it plans to open at least 120 Jollibee stores in West Malaysia in the next 10 years through a joint venture between Singapore-based JFC unit Golden Plate Pte. Ltd. and Beeworks Investment Pte. Ltd.

JFC operates across 34 countries through over 5,800 stores. It has eight wholly owned brands, namely: Jollibee, Chowking, Greenwich, Red Ribbon, Mang Inasal, Yonghe King, Hong Zhuang Yuan, and Smashburger.

Meanwhile, the company also has six franchised names including Burger King, Panda Express, PHO24, and Yoshinoya in the Philippines as well as Dunkin’ and Tim Ho Wan in certain territories in China. It also has an 80% stake in The Coffee Bean and Tea Leaf and a 60% share in the SuperFoods Group.

JFC shares at the stock market declined 3.85% or P9.40 on Thursday to close at P235 each. — Keren Concepcion G. Valmonte

Managed assets of BankCom hit P63B last year

BANK of Commerce (BankCom) recorded assets under management (AUMs) worth P63 billion in 2021, boosted by its unit investment trust funds (UITF) and investment management accounts (IMA).

This is higher by 63% from a year earlier and also exceeded the P60-billion target for the year, the San Miguel Corp. (SMC) affiliate bank said in a statement.

“We saw a 126% increase year on year in AUM for UITFs. Likewise, IMAs (IMAs), which cater to clients with substantial funds looking for higher yields such as through bonds, common or preferred shares, grew 65% year on year,” Bank of Commerce President Michelangelo R. Aguilar said.

The lender’s AUMs have risen by 103% from 2018 to 2021. This beat the industry compounded annual growth rate of 13%.

Meanwhile, the bank’s other fiduciary activities business, which taps the investing public for corporate capital, increased 49% from 2020.

This year, Mr. Aguilar said they expect Filipinos will opt for safer securities like government securities and instruments issued by companies that have consistent and strong cashflows.

“Attuned to the current risk appetite of our clients, we will continue to grow our AUM by providing them with quality short- or long-term investment opportunities through products and services catering to their financial goals,” he said.

Last month, the Bangko Sentral ng Pilipinas upgraded the status of BankCom to a universal bank from commercial bank. This will allow the lender to offer more services like debt and equity securities and give them the authority to expand the bank’s portfolio through more product alliances with third-party institutions.

“Banking and financial services are an important area of focus for us, that is why we’re leaning more heavily on Bank of Commerce to provide smart financial solutions, whether for ordinary Filipinos or larger corporate clients,” SMC President and Chief Executive Officer Ramon S. Ang said.

BankCom is targeting an initial public offering this March where it is eyeing to raise as much as P4.03 billion.

Central bank data showed BankCom’s assets stood at P195.356 billion as of September 2021, making it the 16th biggest in the country. — Luz Wendy T. Noble

Stuff to do (02/04/22)

An online fundraising concert for music scholars

IN THE last two years of lockdown, the Friends for Cultural Concerns of the Philippines (FCCP) has been working hard to raise funds to continue supporting its 28 student-artist-scholars. This time it will hold an online recital featuring its scholars, including tenor Radnel Ofalza, and pianist Dr. Raul Sunico, who also chairs the Scholarship Committee, on Feb. 5, 8 p.m. (Philippine time), via Zoom. Radnel, who has been an FCCP scholar since he was a college student at the University of Santo Tomas, is now taking his Masters in voice at the Mannes School of Music in New York City. Other FCCP scholars who will participate in this online production are sopranos Athena Marsha Macatangay and Donna Klariz Baluyut. A donation of P1,000 corresponds to one link on Zoom. The amount can be deposited to the FCCP’s Metrobank account # 292 3 29280045 3. To get the Zoom link, e-mail a copy of the proof of payment to: fccpoffice@yahoo.com.ph. Unfortunately, due to the ongoing COVID-19 pandemic the FCCP has not been able to hold its traditional annual fundraisers, preventing the acceptance of new scholars. The FCCP’s main objective for now is to ensure the continuity of support to the existing 28 scholars until they graduate. To date, we have scholars in prestigious institutions like the University of Sto. Tomas, the University of the Philippines, St. Paul University Manila, Centro Escolar University, and the Mannes College of New York, USA.

Crimson Hotel holds special bar night

THE ALIBI Lounge and Bar of the Crimson Hotel in Filinvest City will be holding an evening of signature cocktails on Feb. 4, 6 p.m., with guest bartender Larry Guevara. For inquiries, contact 0998-961-3401 or e-mail dining@crimsonhotel.com.

Gavel&Block’s Art & Design auction

SALCEDO Auctions’ upcoming sale, Art & Design, conducted via its subsidiary Gavel&Block, will be held online via salcedoauctions.com on Feb. 5, 11 a.m. onwards. The auction house’s first sale of the year, co-presented by Exclusive Banking Partner HSBC Premier, boasts of a diverse lot, with various art, antique and vintage furniture, and other objects. To cater to different decor styles, items were divided into four themes: Orient Express, Femme Fatale, Master’s Series, A Man’s World, and Pop Phenomenon. To preview the lots at the gallery, contact Kristine Sanders (0905-464-2802) to set a schedule. The online catalog can be viewed at salcedoauctions.com, where interested bidders can also register. Salcedo Auctions is located at the NEX Tower, 6786 Ayala Avenue, Makati City.   

Film screenings at MCAD

THE MUSEUM of Contemporary Art and Design (MCAD) is offering free film screenings in February. The films to be shown are Submarine (Feb. 9), Your Name (Feb. 16), and Chungking Express (Feb. 23). All screenings are at noon. MCAD is located at G/F De La Salle-College of Saint Benilde, Dominga St. Malate, Manila. To register, visit https://bit.ly/MCADFebScrn2022. For inquiries, contact 8230-5100 loc. 3897. For more information, visit https://www.facebook.com/MCADManila/.

On the Job: The Missing 8 screening at the CCP

THE THIRD film to be shown in WAGI! Celebration of Filipino Excellence, a series of film screenings at the Cultural Center of the Philippines (CCP), is Erik Matti’s On the Job: The Missing 8. The film’s Philippine premiere will be held on Feb. 18, 5 p.m., at the CCP’s Tanghalang Nicanor Abelardo. The film stars John Arcilla, who won the Coppa Volpi for Best Actor at the 78th Venice Film Festival for his work in this film. The movie is about a corrupt reporter who is forced to start an investigation following the disappearance of his colleagues and which pits him against his personal interests. Meanwhile, an inmate who is routinely released from prison to carry out assassinations, is sentenced to life in prison for a crime he did not commit, and, not wanting to spend the rest of his life as a hitman, begins to plan ways to regain his freedom. Tickets to the screening cost P300. To arrange for tickets, call TicketWorld at 0917-550-6997 or 0999-954-5922, or visit www.ticketworld.com.ph or contact the CCP Box Office at 8832-3704 or 8832-1125 local 1409. The screening will be followed by a short program that includes the formal presentation of the Volpi Cup to Mr. Arcilla, and a post-screening discussion with special guests which will be livestreamed on the CCP Facebook page. The CCP’s main theater will open at 30% capacity, excluding Balcony II. Read CCP’s new normal health protocol at bit.ly/CCPNewNormalProtocol beforehand.

Eala exits single and double in third leg of W25 Manacor

FILIPINO TENNIS ACE ALEX EALA — BW FILE PHOTO

ALEX M. Eala continued to struggle in her first foray this year with another exit in both the singles and double events of the W25 Manacor third leg at the Rafael Nadal Academy in Spain.

Ms. Eala and her partner Elsa Jacquemot of France bowed to home bet Olga Parres Azcoitia and Aurora Zantedeschi of Italy in the doubles quarterfinals early on Thursday, 6-2, 4-6, 3-10 after suffering an early exit in the singles.

The Filipina ace, who made the main draw as a junior exempt entry, on Wednesday absorbed a 6-2, 6-1 defeat at the hands of No. 5 seed Giulia Gatto-Monticone in the first round of the singles play.

Ms. Eala, 16, last week withdrew in the second leg of the $25,000 tilt due to illness.

In the first leg last month, she missed a main draw berth after losing in the finals of the qualifying round against Alice Rame of France, 6-2, 6-4.

She was gunning for her second professional title after capturing her maiden trophy in the same event and venue last year.

Ms. Eala’s quiet season outing so far has dragged her down in the ITF junior rankings from No. 8 to No. 12 and the WTA list from No. 526 to No. 574. — John Bryan Ulanday

Cebu Pacific: 19 local destinations open for travelers

BUDGET carrier Cebu Pacific announced on Thursday that 19 domestic destinations in its network are now open for leisure travelers and no longer require a swab test for fully vaccinated passengers.

“Destinations include Bohol, Boracay, Butuan, Camiguin, Cagayan de Oro, Cebu (Cebu City and Mandaue City), Clark, Maguindanao Province, Davao, Dumaguete, General Santos, Iloilo, Legazpi, Manila, Naga, Ozamiz, San Jose, Tacloban, and Tuguegarao,” Cebu Pacific said in an e-mailed statement.

“Other requirements may include vaccination certificate, vaccination card, government-issued ID, travel permits from S-Pass, confirmed accommodations, and registration to specific contact tracing applications,” it added.

Passengers going to Butuan and Cagayan de Oro are required to upload their vaccination status via S-Pass, a travel management system developed by the Department of Science and Technology.

Fully vaccinated individuals flying to the Legazpi airport are required to report to their local government units for symptoms screening and profiling. They should download the Traze app.

Meanwhile, in Clark, travelers will need to present a valid ID and any travel document required by the local government.

“Cebu Province, Lapu-Lapu City, and Davao do not require arriving fully vaccinated guests to present any travel documents for entry,” the budget carrier noted.

Xander Lao, chief commercial officer at Cebu Pacific, said this development will jump-start the return of tourists and help the local tourism industry recover.

“We are also ready to support with a ramp-up in flight frequencies as needed,” he added. — Arjay L. Balinbin

Musk faces reckoning over old tweet in labor violation dispute

ELON MUSK — REUTERS

ONE of Elon Musk’s freewheeling tweets from the past came back to haunt him as a three-judge panel questioned whether the Tesla, Inc. chief threatened workers with the loss of stock options if they formed a union.

Tesla in March appealed an order by the National Labor Relations Board (NLRB) that Musk delete his May 2018 tweet that said: “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues and give up stock options for nothing?”

It’s not Musk’s first court fight over whether he crossed a line on social media. A showdown with the US Securities and Exchange Commission following other controversial tweets in 2018 got him and Tesla socked with $40 million in fines and led to an agreement that Musk wouldn’t communicate about specific topics without advance approval from a Tesla lawyer.

One judge said during a hearing Wednesday in a New Orleans-based federal appeals court that the Labor board wasn’t “completely out of line,” as Musk’s tweet could be interpreted as a message that “the price you will have to pay if you unionize, is you’ll give up your stock options.”

Tesla attorney David Salmons argued that the constitutional right to free speech under the First Amendment “protects an employer’s robust speech about the downsides to unionization.” Taken in context, the tweet is really a “statement about what the union, not the company, will or will not do,” Salmons said.

There was also debate about Musk’s response on May 22, 2018, two days after his original post, when a Twitter user asked if he was threatening to take away stock options.

Salmons said Musk’s follow-up tweet “disclaimed any unilateral company actions that could constitute a threat.”

But another judge suggested that Musk’s later tweet may have been too slow to walk back his original message. “That one tweet is out there on its own, it went out instantly, right?”

Musk’s tweet was “a threat of retaliation, not a lawful expression of opinion,” Daniel Curry, a lawyer representing United Auto Workers, argued to the panel. The CEO’s subsequent message only sowed further confusion, Curry said. “The idea they’re putting out there that a union could take away an employee’s stock options just doesn’t fit with reality,” he said.

Micah Jost, who represents the NLRB, said the board “reasonably found” Musk’s tweet was unlawful. Tesla “tries to get around that by conflating all the statements together,” he told the judges.

The board’s ruling, issued by two Republican members and one Democratic member of the agency, addressed more than just Musk’s tweet.

The agency also ordered the company to offer to reinstate a union activist who was fired, and concluded Tesla broke the law by retaliating against another union activist, “coercively interrogating” union supporters and restricting employees from talking to reporters.

Tesla has denied wrongdoing and is also appealing those decisions.

The judges didn’t say when they’ll issue a ruling. Two of the three judges were appointed by Republican presidents. — Bloomberg

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