Monday, July 14, 2025
HomeEconomyAmazon Argues Labor Board Is Unconstitutional

Amazon Argues Labor Board Is Unconstitutional


In the latest sign of a growing backlash within corporate America to the 88-year-old federal agency that enforces labor rights, Amazon argued in a legal filing on Thursday that the National Labor Relations Board was unconstitutional.

The move followed a similar argument by SpaceX, the rocket company founded and run by Elon Musk, in a legal complaint in January, and by Trader Joe’s during a labor board hearing a few weeks later.

The labor board consists of a prosecutorial arm, which issues complaints against employers or unions deemed to have violated federally protected labor rights; administrative judges, who hear complaints; and a five-member board in Washington, to which decisions can be appealed.

Amazon’s filing was part of a case before an administrative judge in which labor board prosecutors have accused Amazon of illegally retaliating against workers at a Staten Island warehouse known as JFK8, which unionized two years ago.

The company’s lawyers repeatedly denied in their filing that Amazon had broken the law. Then, under a section titled β€œOther Defenses,” they argued that β€œthe structure of the N.L.R.B. violates the separation of powers” by β€œimpeding the executive power provided for in Article II of the United States Constitution.”

The company also argued that the board or its actions or proceedings violated Articles I and III of the Constitution, as well as the Fifth and Seventh Amendments β€” in the last case because, the filing said, board hearings can seek legal remedies beyond what’s allowed without a trial by jury.

Amazon declined to comment.

The claims it made in the filing echo arguments that lawyers for SpaceX made in a federal lawsuit last month, after the labor board issued a complaint accusing the company of illegally firing eight employees for criticizing Mr. Musk. SpaceX sued in Texas, but a federal judge there on Thursday granted the board’s motion to transfer the case to California, where the company’s headquarters are located.

In a statement, the board’s general counsel, Jennifer A. Abruzzo, said, β€œI am pleased that SpaceX’s blatant forum-shopping efforts in Texas attempting to enjoin the agency’s litigation against it have failed.”

Wilma Liebman, a chairwoman of the labor board under President Barack Obama, called the arguments by Amazon and SpaceX β€œradical,” adding that β€œthe constitutionality of the N.L.R.B. was settled nearly 90 years ago by the Supreme Court.”

The arguments appear to align with a broader conservative effort to question the constitutionality of a variety of regulatory actions, some of which have resulted in cases before the Supreme Court.

In January, the Supreme Court also agreed to hear a case brought by Starbucks, which is challenging a federal judge’s order reinstating employees who were fired during a union campaign. The outcome of the case could rein in the labor board’s longstanding practice of seeking reinstatement for workers while their cases are litigated, a process that can take years.



Source link

RELATED ARTICLES

Most Popular

Recent Comments