SpaceX in new lawsuit claims NLRB structure violates Constitution

SpaceX sued the National Labor Relations Board (NLRB) on Thursday, alleging that the agency's structure violates the Constitution.

The move comes after the NLRB filed a complaint against SpaceX on Wednesday, alleging the company illegally fired eight employees who drafted and distributed an open letter detailing workplace concerns.

of space x suit calls the charges “unlawful” and claims the NLRB organization violates the Second Article of the Constitution and the Fifth and Seventh Amendments. The company argues that the agency's structure is unconstitutional because the president can only dismiss directors and administrative judges, not all employees.

“The existence of unconstitutional removal protections is doubly harmful. Of course, it limits the President's constitutional authority,” the complaint says. “But it would also create an administrative bureaucracy that manipulates regulated political parties without the “some degree of electoral accountability'' required by the Constitution.''

The company is also requesting a jury trial and asking for the charges to be dismissed.

The case, an unusual response to an NLRB complaint, is scheduled to be heard by a panel of five administrative judges and could later be appealed to federal court.

space x won a similar appeal In November, the Department of Justice filed an administrative complaint alleging that the company refused to hire certain immigrants.