https://www.theverge.com/2024/1/4/24025712/spacex-nlrb-lawsuit-constitutional-violations-elon-musk

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SpaceX is suing to bust up federal union protections

SpaceX is suing to bust up federal union protections

/

SpaceX is suing the NLRB after it accused the rocket company of
illegally firing a group of employees.

By Emma Roth, a news writer who covers the streaming wars, consumer
tech, crypto, social media, and much more. Previously, she was a
writer and editor at MUO.

Jan 4, 2024, 9:51 PM UTC|

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Illustration of Elon Musk standing with a purple background covered
in yellow stars.
Illustration by Laura Normand / The Verge

SpaceX is suing the National Labor Relations Board (NLRB) after the
agency accused the Elon Musk-owned company of illegally firing
employees. In a lawsuit filed in federal court on Thursday, SpaceX
claims the NLRB's actions are unconstitutional.

On Wednesday, the NLRB filed a complaint alleging SpaceX illegally
fired a group of employees for drafting an open letter that
criticized Musk's behavior. The NLRB also claims SpaceX interrogated
employees about their involvement with the letter and encouraged
employees to quit if they participated in organized activities.

Now, SpaceX is responding with a lawsuit that says the open letter
was a "distraction to SpaceX employees around the country." It claims
the NLRB's proceedings, which involve a hearing in front of an NLRB
administrative law judge (ALJ), violate SpaceX's "constitutional
right to trial by jury." The company also accuses NLRB of violating
the Constitution's rules on the separation of powers, stating the
agency's structure "is miles away from the traditional understanding"
of the concept. The NLRB declined to comment.

SpaceX is asking the court to deem the provisions restricting the
removal of NLRB members and ALJs unconstitutional, as well as declare
that the NLRB's proceedings deprive SpaceX of its right to trial.
It's also asking the court to pause the current proceedings. A
hearing is scheduled in front of an NLRB ALJ on March 5th, 2024, but
there's an option to appeal the decision to the board and then a
federal appeals court.

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