Amazon Claims NLRB’s Constitutionality is Unconstitutional
Amazon, a global company employing more than 1.54 million individuals, has recently raised questions concerning the constitutionality of the National Labor Relations Board (NLRB). In a legal document filed on Thursday, Amazon put forward the claim as part of an ongoing case where prosecutors from the Board have accused the e-commerce giant of discriminating against workers who had voted to unionize at an Amazon warehouse in Staten Island, according to reputable sources.
Company Challenges to NLRB’s Constitutionality
It’s worth noting that Amazon is not the first corporation to question the constitutionality of the NLRB. Just last month, Elon Musk’s SpaceX initiated a lawsuit against the agency after being accused of unlawfully terminating eight employees. During the lawsuit, SpaceX referred to the NLRB as “unconstitutional.” Another notable company, Trader Joe’s, known for its grocery chain, also faced accusations from the NLRB regarding union-busting practices, and subsequently labeled the NLRB’s structure and organization as “unconstitutional,” as reported by reputable sources.
Similar Claims and Arguments
Amazon’s claim aligns closely with the arguments put forward by SpaceX and Trader Joe’s. In their legal proceedings, Amazon’s lawyers contend that “the structure of the N.L.R.B. violates the separation of powers” by potentially hindering the executive power accorded by Article II of the United States Constitution. Additionally, Amazon highlights that the hearings conducted by the NLRB can pursue legal remedies that exceed the limits of a trial by jury.
Implications and Potential Outcomes
Industry experts foresee that these challenges against the NLRB could eventually lead the issue to be addressed by the Supreme Court. Moreover, the heightened scrutiny of the NLRB may cause employers to refrain from engaging with unions, in the hopes that the courts will curtail the federal agency’s powers. Seth Goldstein, a lawyer representing unions involved in the cases of both Amazon and Trader Joe’s, stated that these challenges significantly increase the likelihood of the issue reaching the highest court. He believes that Amazon’s persistent conflicts with the NLRB, including previous breaches of federal labor laws, may carry weight in shaping the outcome of these legal battles.
