Lawyers for Amazon and SpaceX continued their legal fight against the National Labor Relations Board this week, arguing in federal appeals court that the agency’s structure is unconstitutional.
A panel of three judges at New Orleans’ 5th Circuit Court of Appeals heard oral arguments Monday from the companies’ attorneys. The retail and space giants filed lawsuits against the NLRB after the board issued complaints against them, alleging workplace intimidation and discrimination.
During arguments Monday, the three-judge panel raised questions concerning the timeline for Amazon and SpaceX’s legal complaints. In Amazon’s case, it asked for a ruling the same day the complaint was issued, which one judge said seemed unreasonable.
Similarly, SpaceX filed its appeal with the judges before the NLRB convened a hearing.
Lawyers for the NLRB echoed the judge’s concerns and affirmed that SpaceX and Amazon filed their complaints after lower courts failed to meet unreasonable deadlines set by the company.
Amazon’s battle against the NLRB dates back to a union election held at one of the company’s New York warehouses in 2022. At the time, the board accused Amazon of illegally interfering with a union election by firing a labor organizer. The NLRB sued Amazon to reinstate the employee. Lawyers for Amazon argued the suit was interference in the election, saying NLRB board members acted like judges and ignored Amazon’s complaints.
SpaceX is handling a similar lawsuit against the labor board after the NLRB sued the company in January. The agency accused SpaceX of firing employees in retaliation for co-signing a letter critical of CEO Elon Musk. SpaceX then joined Amazon’s legal battle against the board, claiming its structure is unconstitutional and should be altered.
Both companies argue that the NLRB’s structure is unconstitutional because its board members are protected from removal by the president, violating the Constitution’s separation of powers principle. Additionally, the companies say the board’s structure denies them their right to a trial by jury.
While the court’s decision remains unclear, the direction of the NLRB might turn in SpaceX and Amazon’s favor with the election of President-elect Donald Trump. Soon after his victory, Mr. Trump announced he would create a new government efficiency commission, headed by Elon Musk and former Republican presidential candidate Vivek Ramaswamy. Mr. Musk, head of SpaceX and Tesla, has promised to cut government spending and bureaucracy, which could affect the NLRB.
• Vaughn Cockayne can be reached at vcockayne@washingtontimes.com.
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