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