Amazon alleged in a legal filing published Friday morning that the National Labor Relations Board (NLRB) is unconstitutional. SpaceX and Trader Joe’s — companies that, like Amazon, have repeatedly faced labor law violations from the federal agency — have recently made similar attacks that threaten national worker protections, TechCrunch reported.
This is just Amazon’s latest attempt to block union organizing in its fulfillment centers. But this time, these companies aren’t just limiting the rights of their own workers. If these threats against the NLRB keep moving forward, American workers could lose workplace protections that they’ve had for almost a century.
Amazon claims that the NLRB’s structure is unconstitutional because administrative law judges are “insulated from presidential oversight,” thus violating separation of powers. The company also argues against the structure of NLRB itself, as well as its ability to fine a company for unfair labor practices after a hearing, rather than a full jury trial.
According to TechCrunch, like other federal agencies, the NLRB is largely shaped by the current president. Under President Joe Biden, who refers to himself as pro-worker, the NLRB has been friendly to workers’ causes. But as the 2024 election looms, a Republican administration could significantly change that, making it more likely for corporations to be successful in attempts to strike down long-standing labor law.
Reuters reported that Amazon.com has joined rocket maker SpaceX and grocery chain Trader Joe’s in claiming that a U.S. labor agency’s in-house enforcement proceedings violate the U.S. Constitution, as the retail giant faces scores of cases claiming it interfered with workers’ rights to organize.
The company also said that limits on the removal of administrative judges and the board’s five members, who are appointed by the president, are unconstitutional.
According to Reuters, the filing came in a pending case accusing Amazon of illegally retaliating against workers in the New York City of Staten Island, where employees voted to unionize in 2022. Amazon, which has faced more than 250 NLRB complaints alleging unlawful labor practices across the country in recent years, has denied wrongdoing.
Reuters also wrote that SpaceX is making similar claims against the board in a lawsuit filed last month, one day after the labor board accused the company of firing eight engineers for criticizing CEO Elon Musk in a letter to company executives.
Trader Joe’s raised the arguments later in January at a hearing in an NLRB case, and two Starbucks baristas seeking to dissolve their unions have challenged the board’s structure in separate lawsuits.
In my opinion, it is wrong for gigantic corporations, that have tons of money, to actively try to separate their workers from the union the workers voted for. If these big companies win, it will likely cause an even worse workplace environment for their labor force. I’m hoping that Amazon, SpaceX, and Trader Joe’s are told “no, you can’t do that.”