SpaceX is suing to bust up federal union protections

[Elderberry]

The Verge  By Emma Roth 1/4/2024
SpaceX is suing the NLRB after it accused the rocket company of illegally firing a group of employees.

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.

https://s3.documentcloud.org/documents/24253902/af9c7a67-6777-4a7f-9a13-e1e36248c2c3.pdf

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

[Elderberry]

NLRB accuses SpaceX of forum shopping in Texas lawsuit over agency's structure

Reuters by Daniel Wiessner 1/11/2024

•   Board wants to move case to Los Angeles, near SpaceX headquarters

•   Company sued after board accused it of unlawful firings

•   Judge ruled for SpaceX in spat with Justice Department

Jan 11 (Reuters) - The National Labor Relations Board on Thursday said rocket and satellite maker SpaceX improperly filed a lawsuit in Texas claiming the agency's structure is unconstitutional because the company believed it would be more likely to win a favorable ruling there.

The board in its first filing since SpaceX sued the agency last week told a federal judge in Brownsville, Texas, that the case has no connection to the state and should be transferred to Los Angeles, near SpaceX's headquarters where the board has accused the company of illegally firing engineers critical of CEO Elon Musk.

SpaceX's lawyers at Morgan, Lewis & Bockius, including former NLRB Member Harry Johnson, did not immediately respond to a request for comment.

In its lawsuit, SpaceX alleged the board's structure violates the U.S. Constitution because the agency's administrative law judges and its five members, who hear cases in house, are insulated from at-will removal by the U.S. president. The NLRB has not responded to those claims.

More: https://www.reuters.com/legal/government/nlrb-accuses-spacex-forum-shopping-texas-lawsuit-over-agencys-structure-2024-01-11/