Bloomberg Law by Robert Iafolla 5/2/2024
• Injunction arises from constitutional challenge to NLRB
• SpaceX worked around order to transfer case to California
SpaceX secured a temporary reprieve from a National Labor Relations Board case alleging the Elon Musk-led company illegally fired workers.
The US Court of Appeals for the Fifth Circuit on Thursday granted SpaceX’s request to block the NLRB’s administrative case pending the company’s challenge to a lower court’s “effective denial” of its request for an injunction. The single-sentence order contained no legal reasoning and simply announced the granting of the company’s emergency motion.
The order stems from SpaceX’s lawsuit alleging that the NLRB’s structure and how it administers federal labor law violates the US Constitution.
The company’s underlying arguments go beyond just shielding it from an unfair labor practice case, as they threaten the existence of the only means to enforce the National Labor Relations Act.
SpaceX obtained an injunction halting the NLRB proceedings from the New Orleans-based Fifth Circuit—which has precedent favorable to the company’s legal position—despite a February order that called for the case to be transferred to a California federal court.
More:
https://news.bloomberglaw.com/daily-labor-report/spacex-secures-appeals-court-order-to-freeze-labor-board-case
