Amazon joins SpaceX and Trader Joe’s as the latest company to claim that the structure of the National Labor Relations Board (NLRB) violates the U.S. Constitution.
The e-commerce giant said in a recent filing that a labor board lawsuit accusing the company of illegally retaliating against unionization has been dismissed because the labor board itself violated the constitution. argued that it should.
Amazon argues that the NLRB’s structure “violates the separation of powers” because administrative law judges and board members are largely insulated from presidential oversight and removal, “preventing executive authority” as provided for in Article II of the Constitution. “I do,” he claimed.
The filing also suggested that the board’s composition and proceedings violated Articles I and III of the Constitution, as well as the Fifth and Seventh Amendments.
SpaceX and Trader Joe’s made similar claims with the NLRB last month in the face of allegations of labor law violations.
SpaceX, the spacecraft and satellite communications company owned by Elon Musk, accused the NLRB of unfairly firing eight employees who drafted and distributed an open letter about workplace concerns. He suggested that it was illegal.
Attorneys for grocery chain Trader Joe’s also argued at a hearing in mid-January that the agency’s structure and administrative law judge were unconstitutional. bloomberg report.
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