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A court of appeal will review Elon Musk’s union tweet. The latest ruling—that the tweet violated federal labor law—is being questioned.

A federal appeals court on Friday said it would review its recent ruling that Tesla CEO Elon Musk violated federal labor law. Musk posted a tweet on May 20, 2018, as United Auto Workers sought to organize employees at Tesla’s Fremont factory in California. In it, he stated the fact that Tesla employees who are not unionized should not pay union dues, and receive options on the company’s shares. He emphasized that, in fact, any of the employees could vote for joining a union, but they do not see the need for this, since they receive great benefits directly from the company.

“Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues & give up stock options for nothing?” Musk wrote.

The Fifth US Circuit Court of Appeals in New Orleans said it would hear the case in its entirety, according to Reuters. This means that all current judges will take part in it. A solution is unlikely before 2024.

A three-judge panel of the same court upheld the decision of the National Labor Relations Board in March. The decision ruled that Musk’s tweet, posted on his personal account, constituted an illegal threat that could prevent unionization. The court ordered Musk to remove it.

Article edited by @SmokeyShorts; follow him on Twitter

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