Amazon, SpaceX Challenge NLRB, Declaring It As Unconstitutional

Amazon, SpaceX, and other corporate giants are mounting a quiet but significant challenge to national labor laws. In a bold move, Amazon has declared the National Labor Relations Board (NLRB) unconstitutional in a legal filing.

This picture, taken on October 22, 2019, shows a new Amazon warehouse, part of mobile robotic fulfillment systems also known as 'Amazon robotics', in Bretigny-sur-Orge, some 30 km south of Paris.

Declaring NLRB Unconstitutional

As a company known for its frequent violations of federal labor laws and its reputation as a challenging employer, Amazon has recently taken a notable step by joining other corporations in questioning the constitutionality of the National Labor Relations Board (NLRB).

Gizmodo reported that the NLRB, established in 1935 amid the economic turmoil of the Great Depression, serves as a crucial government agency responsible for protecting workers' rights and enforcing labor laws across various industries.

Given Amazon's track record of disregarding these laws, its opposition to the NLRB's authority is not entirely surprising. In a recent legal filing, Amazon argued that the NLRB, currently investigating the company for multiple labor violations, had infringed upon its rights.

Specifically, Amazon contended that its Fifth Amendment right to due process had been violated, suggesting that the agency's investigation constituted a violation of its constitutional protections.

Moreover, Amazon raised concerns about the constitutionality of the NLRB's organizational structure, further challenging the agency's authority.

Joining Other Companies

Amid recent debates, there appears to be ambiguity surrounding the motives behind Amazon's challenge against the NLRB, alongside similar moves by Trader Joe's and Elon Musk's SpaceX.

While some perceive this as a mere disapproval of the federal agency's scrutiny of corporate conduct, TechCrunch reported that labor movement insiders express deeper concerns.

Seth Goldstein, an attorney representing numerous Amazon employees dismissed for their involvement in unionization efforts, voiced apprehension regarding the broader implications of these challenges.

He suggests that if successful, they could undermine the NLRB's ability to enforce labor laws and issue rulings, posing significant threats to workers' rights.

These developments highlight ongoing tensions between corporate interests and labor advocates, setting the stage for potential legal battles and discussions regarding workers' protections in the future.

NLRB issued a ruling in December, finding Amazon culpable for violating federal labor laws in 2022. The violation pertained to allegations of intimidation and interrogation of workers attempting to unionize at the company's New York warehouse.

According to CNBC, Amazon was accused of unlawfully confiscating organizing materials from employees and engaging in surveillance of their unionization efforts within on-site breakrooms.

Reuters highlights that this ruling adds to Amazon's extensive history of facing over 250 complaints filed with the NLRB regarding labor law infringements.

Similar to other federal bodies, the composition and direction of the NLRB often reflect the policies of the incumbent president. During President Joe Biden's tenure, the NLRB has demonstrated a favorable disposition toward issues concerning workers' rights.

However, with the approaching 2024 election, a shift to a Republican administration could substantially alter this trajectory. Such a change in leadership could potentially create an environment conducive to corporate interests, increasing the likelihood of successful endeavors to challenge established labor laws.