Amazon, which employs more than 1.54 million people, has argued that the National Labor Relations Board (NLRB), the federal agency responsible for protecting workers’ rights, is unconstitutional. Amazon made the allegation in a legal filing Thursday in a legal filing filed by Council prosecutors as part of a case accusing the e-commerce giant of discriminating against union-voting workers at an Amazon warehouse in Staten Island. according to for The New York Times.
Amazon is not the first company to challenge the constitution of the Board of Directors. Last month, Elon Musk’s SpaceX sued the NLRB, accusing the agency of wrongfully firing eight workers and calling the agency “unconstitutional” in the lawsuit. A few weeks later, the grocery chain Trader Joe’s, which the NLRB accused of union busting, said the NLRB’s structure and organization were “unconstitutional.” Bloomberg informed. And in separate lawsuits, two Starbucks baristas independently challenged the agency’s structure because they wanted to eliminate their union.
Amazon’s lawsuit is similar to existing lawsuits filed by SpaceX and Trader Joe’s. In the lawsuit, the company’s attorneys argued that the structure of the NLRB violated the separation of powers by “obstructing the executive power provided for in Article II of the United States Constitution.” In addition, Amazon argued that NLRB hearings “may seek remedies beyond those permitted without a jury trial.”
Seth Goldstein, attorney representing unions in Amazon and Trader Joe’s cases he said Reuters These challenges to the NLRB increase the chances of the case reaching the Supreme Court. Goldstein could cause employers to stop bargaining with unions in the hope that the courts will eventually strip the federal agency of its powers. Amazon has a contentious history with the NLRB, which one said the company violated federal labor laws last year.
