SpaceX lawsuit overview:
- Who: SpaceX is suing the National Labor Relations Board (NLRB) for injunctive relief against an investigation of the company.
- Why: The NLRB has an unconstitutional structure because the president cannot remove board members, the SpaceX lawsuit says.
- Where: The National Labor Relations Board lawsuit was filed in federal court in Texas.
SpaceX filed a lawsuit asking for injunctive relief against the National Labor Relations Board (NLRB), claiming the board should not be allowed to investigate SpaceX because its structure is unconstitutional.
SpaceX is being investigated after terminating employees after the employees sent a SpaceX worker protest open letter on the company’s network in June 2022 regarding employment complaints, along with a linked survey, to thousands of SpaceX employees.
Several employees filed charges against SpaceX with the NLRB in November 2022, SpaceX filed a position statement on the charges in April 2023, and the NLRB authorized a complaint on eight charges against SpaceX in December.
NLRB structure and denial of trial by jury are unconstitutional, lawsuit says
The structure of NLRB is unconstitutional because it does not allow the president to remove board members and the NLRB’s authority is therefore unchecked, the National Labor Relations Board lawsuit says.
“The existence of unconstitutional removal protections inflicts twofold harm,” the SpaceX lawsuit says. “It limits the president’s constitutional authority, of course. But it also produces an administrative bureaucracy that operates on regulated parties without the constitutionally required ‘degree of electoral accountability.’”
The NLRB’s proceeding structure is also unconstitutional because it does not allow for a trial by jury related to the SpaceX employee worker protest, the National Labor Relations Board lawsuit says.
“The right to trial by jury ‘is a “fundamental” component’ of the American legal system and ‘remains one of our most vital barriers to governmental arbitrariness,’” the SpaceX lawsuit says.
SpaceX allegedly pays women and minorities less than their white male counterparts, according to a SpaceX lawsuit filed Oct. 3 in California Superior Court.
Do you believe SpaceX should be subject to an NLRB investigation? Let us know in the comments.
The plaintiff is represented by Catherine L. Eschbach, Harry I. Johnson III, Michael E. Kenneally, Amanda L. Salz of Morgan Lewis and Bockius LLP.
The SpaceX lawsuit is Space Exploration Technologies Corp. v. National Labor Relations Board, et al., Case No. 1:24-cv-00001, in the U.S. District Court for the Southern District of Texas Brownsville Division.
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