- Amazon and SpaceX are quietly challenging the constitutionality of the National Labor Relations Board (NLRB), alleging violations of the separation of powers.
- This move threatens longstanding worker protections and extends beyond the companies’ own workforce, potentially impacting labor laws established over decades.
- Legal experts refute Amazon’s claims, asserting the necessity of judicial independence and questioning the validity of the companies’ arguments against the NLRB’s structure and authority.
Amazon and SpaceX are surreptitiously challenging national labor laws, alleging that the National Labor Relations Board (NLRB) is unconstitutional. In a legal filing released on Friday, Amazon argued against the constitutionality of the NLRB, echoing similar sentiments recently expressed by SpaceX and Trader Joe’s. These companies, all of which have faced scrutiny from the federal agency for labor law violations, are posing a threat to the longstanding protections afforded to workers nationwide.
For Amazon, this move is part of a continuing effort to thwart unionization efforts within its fulfillment centers. However, the implications extend beyond their own workforce. If these challenges to the NLRB persist, it could undermine workplace protections that have been in place for nearly a century.
Seth Goldstein, legal counsel for Trader Joe’s United and the Amazon Labor Union, dismissed Amazon’s claims, calling them “a crock of s–t” and suggesting they are merely a pretext to undermine unions. Amazon’s argument revolves around the alleged lack of presidential oversight over administrative law judges within the NLRB, which they claim violates the separation of powers. Additionally, the company opposes the NLRB’s structure and its authority to penalize companies for unfair labor practices without a full jury trial.
Goldstein countered these arguments, asserting the necessity of judges’ independence and pointing out that courts have jurisdiction over the NLRB’s decisions. He also questioned the validity of Amazon’s concerns regarding the absence of jury trials for companies facing NLRB rulings.
The composition and direction of the NLRB often reflect the stance of the sitting president. Under President Joe Biden, who champions pro-worker policies, the NLRB has shown favor toward workers’ causes. However, with the approaching 2024 election, a change in administration to a Republican one could drastically alter the NLRB’s approach, potentially making it easier for corporations to challenge established labor laws.
