Amazon, SpaceX, and Trader Joe’s Argue NLRB Structure Violates Constitution
Amazon.com, SpaceX, and Trader Joe’s challenge NLRB constitutionality
FILE PHOTO: The logo of Amazon is seen at a logistics centre in Lauwin-Planque, northern France, November 15, 2022. REUTERS/Pascal Rossignol/File Photo
Amazon.com has filed a document asserting the unconstitutionality of the National Labor Relations Board (NLRB). The company claims that the enforcement proceedings by NLRB violate its right to a jury trial, hence challenging the structure of the organization. In addition, Amazon alleges that the limitations on the removal of administrative judges, along with the five members appointed by the President, violate the separation of powers and breach the constitution.
SPACEX ILLEGALLY FIRED WORKERS CRITICAL OF ELON MUSK, US LABOR AGENCY SAYS
SpaceX founder Elon Musk walks on stage during a T-Mobile and SpaceX joint event on August 25, 2022 in Boca Chica Beach, Texas. (Photo by Michael Gonzalez/Getty Images / Getty Images)
Joining a growing list, SpaceX and Trader Joe’s have also raised concerns about the constitutionality of the NLRB’s structure. SpaceX’s allegations came as a retaliation against the board’s accusation of firing employees unlawfully for circulating a letter that criticized the founder and CEO, Elon Musk. Trader Joe’s, on the other hand, disputed the board’s structure during a hearing where the company faced accusations of retaliating against union activities. As a result, limited powers and internal proceedings of the NLRB have faced scrutiny from various entities, indicating potential implications on collective bargaining for established and new unions.
Companies present their cases
Amazon’s rebuttal arose in response to a pending case, which accused the company of illegally retaliating against workers at a warehouse in the New York City borough of Staten Island. Despite more than 250 complaints alleging unlawful labor practices against Amazon nationwide, the company has consistently denied any wrongdoing.
Similar to Amazon, SpaceX’s case against the NLRB was prompted by accusations of firing employees for circulating a letter that criticized Elon Musk and branded him as a distraction.
Trader Joe’s contested the NLRB’s structure during a hearing on their alleged retaliation against union activities but did not specify any individual incidents in their claim.
Potential legal implications and concerns
The constitutionality challenges raised by these major companies against the NLRB might ultimately reach the Supreme Court, as prominent attorney Seth Goldstein suggests. Prevailing skepticism towards in-house proceedings of U.S. agencies within the conservative majority of the Supreme Court could impact the NLRB’s enforcement powers. The outcome of the cases could have far-reaching consequences for collective bargaining rights, with potential implications for both new and established unions.
Reuters contributed to this report.
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