[HN Gopher] SpaceX is suing to bust up federal union protections
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       SpaceX is suing to bust up federal union protections
        
       Author : cdme
       Score  : 35 points
       Date   : 2024-01-04 22:11 UTC (50 minutes ago)
        
 (HTM) web link (www.theverge.com)
 (TXT) w3m dump (www.theverge.com)
        
       | el-dude-arino wrote:
       | Just when you think there's no end to Musk's dip-shittery, he
       | goes and dives head first into a pile of nonsense and butt-
       | hurtedness.
        
         | PM_me_your_math wrote:
         | Unions are cancer. This isn't the late 19th century anymore.
         | Unions do very little but enrich themselves and exert political
         | power.
        
           | kibwen wrote:
           | I'll happily get rid of unions once we also get rid of
           | corporations ruled by wannabe-dictators. Until then, unions
           | are a necessary counterbalancing force to keep executive
           | behavior in check.
        
             | unshavedyak wrote:
             | Exactly. And, just like governments, they themselves need
             | checks and balances more than anything. However groups of
             | people organizing for collective power is difficult to
             | argue with, imo.
        
           | BudaDude wrote:
           | Sounds like those Walmart propaganda training videos got to
           | you. I suggest doing your research on what unions are doing
           | in the 21st century to protect employees.
        
           | standardUser wrote:
           | > This isn't the late 19th century anymore.
           | 
           | Nope, it's the early 21st century, and inequality in the
           | country is higher than it's been since the Gilded Age. Not
           | exactly a comparison we should want to be making. And the
           | trajectory is still moving primarily in the wrong direction.
        
         | legitster wrote:
         | It's not actually clear that Musk was involved in this at all.
         | 
         | By all accounts, he has not really been present at the day-to-
         | day operations of SpaceX in years.
        
       | JaceLightning wrote:
       | Title is misleading. Has nothing to do with union protections.
       | 
       | Sounds like a strong case. Why should companies be forced to
       | employ people who actively work to harm the reputation of said
       | company?
        
         | standardUser wrote:
         | Some people think it's ok for employers to be mini-dictators.
         | Most people, for example those who need to work for a living,
         | do not.
         | 
         | But however you slice it, is is absolutely one-hundred percent
         | a labor rights issue.
        
         | kibwen wrote:
         | _> Why should companies be forced to employ people who actively
         | work to harm the reputation of said company?_
         | 
         | The irony being that the content of the letter is in regards to
         | Elon Musk's work to actively harm the reputation of said
         | company. By this token, why should employees be forced to work
         | under petulant, capricious, myopic executives who undermine the
         | efforts of the people with boots on the ground who do all the
         | actual work?
        
         | polygamous_bat wrote:
         | Because unlike what "Fountainhead" by Ayn Rand says, checks and
         | balances on positions of power is usually a socially good
         | thing.
        
         | yuliyp wrote:
         | > Has nothing to do with union protections.
         | 
         | Preventing employer retaliation for discussing the conditions
         | of employment are a pretty significant part of the protections
         | around unions. An open letter discussing the conduct of the CEO
         | falls under discussion of the conditions of employment.
         | 
         | There are limits to what companies can do to try and prevent
         | unions from forming. SpaceX is claiming that those restrictions
         | and the way in which they're enforced by the NLRB are
         | unconstitutional. Seems pretty fair to characterize that as
         | something which would bust up some federal union protections.
        
         | pdabbadabba wrote:
         | You're right about the outcome SpaceX is seeking. But the
         | critical thing you're missing is the _argument_ they are making
         | against NLRB. The legal arguments aren 't really about the
         | specific facts of the case but, rather, about constitutional
         | issues that go to the heart of how NLRB adjudicates labor
         | disputes. From the article:
         | 
         | > 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.
        
       | flerchin wrote:
       | It's not clear to me why the open letter authors are protected
       | under the NRLB at all. They seemed to be criticizing the boss,
       | which is not illegal, but not really a labor action either?
        
         | kevingadd wrote:
         | How is collectively criticizing your boss and requesting a
         | better work environment not a labor action?
        
       | legitster wrote:
       | > 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.
       | 
       | This is the same argument going against the FTC, SEC, and several
       | other regulatory agencies. If you get charged of a crime by a
       | public prosecutor, you get the ability to argue the facts in
       | front of a court of law. If you get charged of a crime by a
       | regulatory agency - you don't even get to argue the facts.
       | 
       | I... might kinda side with SpaceX on this one? I am not trying to
       | die on a corporate rights hill, and not that I think SpaceX is
       | innocent of the charges, but it does seem like they should at
       | least be able to argue the factualness of the crime they are
       | being charged with? This does seem like something that should be
       | done by the justice department.
       | 
       | Still, it's almost surely going to get thrown out. They are
       | trying to turn a NLRB infraction into a Constitutional law case
       | in a hail-Mary attempt that it would get escalated to the Supreme
       | Court.
        
         | kevingadd wrote:
         | Feels like it's really just an attempt to drag out the
         | proceedings further so that any labor law dispute turns into 8
         | years worth of trials and appeals and is ineffective at
         | remedying problems
        
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       (page generated 2024-01-04 23:02 UTC)