Claims of Unconstitutionality
Amazon has recently filed a legal document asserting that the 88-year-old National Labor Relations Board (NLRB) is unconstitutional. This move by the tech giant echoes similar arguments put forth by Elon Musk’s SpaceX and Trader Joe’s. The dispute revolves around workers’ rights and organizing efforts within the companies.
Amazon’s Legal Filing
In response to a case concerning alleged unlawful retaliation against workers at a New York City warehouse, Amazon made its filing on Thursday. The company denies several charges and requests the dismissal of the complaint. Amazon’s attorneys have taken it a step further by contending that the NLRB’s structure violates the separation of powers outlined in the Constitution. They argue that the agency’s proceedings lack the fairness of a trial by jury and impinge on the company’s Fifth Amendment due-process rights.
Legal Community Reactions
Seth Goldstein, representing both the Amazon Labor Union and Trader Joe’s United, expressed concern over the trend of challenging labor organizing processes. He described the situation as “very frightening,” suggesting that companies are now aiming to dismantle the entire unionization process due to their inability to thwart successful organizing efforts.
Industry Trends
Amazon’s legal stance is part of a broader pattern, with SpaceX and Trader Joe’s also recently challenging the NLRB’s constitutionality in separate disputes. SpaceX filed a lawsuit in January, a day after being accused by the labor agency of firing employees critical of Elon Musk and engaging in surveillance of worker activities. Similarly, Trader Joe’s faced allegations of retaliating against union activism during a recent NLRB hearing.
Amazon, known for its resistance to unionization, is currently trying to overturn the sole union victory at its U.S. warehouses. The company’s legal maneuvers reflect a larger industry struggle over labor rights and organizing efforts.
