(Washington Insider Magazine)—Amazon, in a recent legal filing, contends that the 88-year-old National Labor Relations Board (NLRB) is unconstitutional, aligning itself with similar arguments put forth this year by Elon Musk’s SpaceX and grocery chain Trader Joe’s in disputes related to workers’ rights and organizing.
This legal response from Amazon is part of a case before an administrative law judge, addressing a complaint from agency prosecutors who allege that the company unlawfully retaliated against workers in a New York City warehouse who voted to unionize almost two years ago.
In its filing, Amazon not only denies several charges but also challenges the structure of the NLRB, arguing that it violates the separation of powers and infringes on executive powers outlined in the Constitution. The company’s attorneys specifically point to limits on the removal of administrative law judges and the five board members appointed by the president as problematic.
Furthermore, Amazon’s legal team contends that NLRB proceedings deny the company a trial by jury and violate its due-process rights under the Fifth Amendment. The NLRB declined to comment on the filing, and Amazon has not immediately responded to requests for comment.
Seth Goldstein, an attorney representing both the Amazon Labor Union and the labor group Trader Joe’s United, expressed concern over the trend, describing it as “very frightening.” Goldstein suggested that, unable to thwart successful union organizing, companies are now attempting to undermine the entire process.
Amazon’s legal stance is in line with similar arguments made by SpaceX and Trader Joe’s in a separate lawsuit and an agency hearing last month. SpaceX filed a lawsuit against the NLRB in January, asserting that the agency’s structure is unconstitutional. This came after the labor agency accused SpaceX of unlawfully firing employees critical of Musk and creating the impression that worker activities were being surveilled.
In a January labor board hearing focusing on allegations of Trader Joe’s retaliating against union activism, an attorney for the grocery chain also claimed that the NLRB and its panel of administrative law judges are structured unconstitutionally.