In a bold legal move, Amazon has filed arguments asserting that the 88-year-old National Labor Relations Board (NLRB) is unconstitutional. This echoes similar claims made by SpaceX and Trader Joe’s earlier this year in separate disputes regarding workers’ rights and organizing efforts.
Amazon’s filing, submitted on Thursday, is in response to a case overseen by an administrative law judge. The judge is reviewing a complaint from NLRB prosecutors, who allege that Amazon unlawfully retaliated against workers at a New York City warehouse that voted to unionize nearly two years ago.
While Amazon denies many of the charges and requests the dismissal of the complaint, the filing takes a more extensive stance. The company’s attorneys argue that the structure of the NLRB, including restrictions on the removal of administrative law judges and board members appointed by the president, infringes on the separation of powers and executive powers outlined in the Constitution.
Furthermore, Amazon contends that NLRB proceedings deny the company a trial by a jury and violate its due-process rights under the Fifth Amendment. As of now, both the NLRB and Amazon have not provided additional comments on the filing.
Seth Goldstein, an attorney representing the Amazon Labor Union and labor group Trader Joe’s United, expressed concern over the emerging trend, describing it as “very frightening.” He suggested that these companies, unable to thwart successful union organizing, seem intent on undermining the entire process.
This legal argument from Amazon, a company long resistant to organizing efforts, aligns with similar claims made by SpaceX and Trader Joe’s in separate legal proceedings. SpaceX, in a lawsuit filed in January, challenged the constitutionality of the NLRB’s structure, while Trader Joe’s argued the same during a labor board hearing in January related to allegations of retaliation against union activism. The outcome of these legal battles could have significant implications for the landscape of workers’ rights and union activities. Stay tuned for updates on this unfolding controversy.
