In a galaxy not so far away, the National Labor Relations Board (NLRB) strikes back. The independent federal agency, which safeguards the rights of employees and investigates violations of the National Labor Relations Act, is taking on a legion of billion-dollar corporations.
SpaceX, Starbucks, Amazon, and Trader Joes have all taken swipes at the NLRB as of late. SpaceX has led the charge with an I know you are but what am I approach to allegations of union-busting by claiming the agency is unconstitutional.
Jennifer Abruzzo, acting general counsel of the NLRB as appointed by President Joe Biden, isnt standing down to these corporate entities, and called out their legal tactics during a panel hosted by the Roosevelt Institute last week.
A growing number of deep-pocket, low-road employers are jumping on the bandwagon, seeking preliminary injunctions in courts, solely to slow [us] down or prevent us from engaging in our enforcement actions against them because they have the money to do so, she said.
These legal tactics are distractions to divert attention away from the fact that they are actually lawbreakers who need to be held accountable in a timely manner, she added.
Abruzzo described a back-and-forth thats not unlike a David and Goliath story, if Goliath was simply trying to run out the clock and leave David high and dry.
The NLRB isnt deterred, though, despite limited resources and a deluge of unfair labor practice filings amid heightened strike activity. There is no way were going to succumb, Abruzzo said, adding that the board will continue to call out companies where it sees fiteven among challenges to its very existence.
The main challenger of the NLRB, SpaceX, began its campaign against the federal branch earlier this year. Just one day after the NLRB issued a complaint against the astronautics company on Jan. 3, SpaceX sued the board in the Southern District of Texas, asserting that the institutions structure was unconstitutional. A judge subsequently opened the SpaceX hearing in March, with a case expected to be heard starting in May.
Amazon, Starbucks and Trader Joes followed suit in the companys crusade against the almost 90-year-old institution, Abruzzo said Friday. These esoteric legal arguments came about, why? Because we dared to issue a complaint against SpaceX after it unlawfully fired eight workers for speaking up about their workplace concerns, she said.
SpaceXs pushback and suing of the organization seems much more an ideological debate than how most employers handle it, Matthew Bodie, a labor law professor at the University of Minnesota who was a previous field attorney at the NLRB, told Fortunes Jessica Mathews this past March. It just seems like more of a crusade, almost, than a rational economic response to litigation.
While SpaceX is leading the charge, other large employers have eagerly taken up the same argument. Trader Joes argued that the board, in its current form, shouldnt exist during a hearing in January over alleged unfair treatment of workers at its Hadley, Mass., storeits first in the nation to unionize.
The National Labor Relations Act as interpreted and/or applied in this matter, including but not limited to the structure and organization of the the National Labor Relations Act Board and the Agencys administrative law judges is unconstitutional, Trader Joes attorney, Christopher Murphy, said in January, according to a transcript first obtained by HuffPost.
Im certainly not going to be ruling on my own constitutionality anytime soon, quipped Administrative Law Judge Charles Muhl. Youll have to take that up with the Board and with the federal courts.
Trader Joesanother of the companies taking aim at the NLRBtold Fortune the company has not filed or joined any lawsuit that challenges the constitutionality of the NLRBs administrative law judge system or seeks to dismantle any aspect of the NLRB. It added that its statement during the January hearing was an affirmative defense, which was not an argument; it was an opportunity to preserve all of our legal rights under the law.
Amazon raised a similar argument in a case regarding the only Amazon warehouse to successfully unionize, in Staten Island, N.Y. Starbucks did the same in a post-hearing brief about some of its stores. Starbucks, however, has now distanced itself from Elon Musks raging brainchild. Starbucks has not joined a lawsuit against the NLRB questioning its constitutionality or initiated similar litigation against the NLRB, the company told Fortune, linking to a statement. As of March, the coffee conglomerate has 741 open or settled NLRB cases, according to the Economic Policy Institutealthough the coffee chain recently reversed itself and pledged to negotiate with its unionized workers.
Amazon did not respond to Fortunes request for comment.
Legalese aside, these major employers have been part of the ranks of companies answering charges of labor complaints by pointing the finger back at the NLRB. Whether or not they have called the NLRB unconstitutional or simply implied it, these employers are joining the Republican-backed charge against one of the only federal safeguards of workers rights.
But these corporate titans crusade isnt meeting meek soldiers. We are not going to stop despite these challenges, said Abruzzo, noting that the NLRB is the only federal agency guarding the rights of workers to unionize. During a time of workers discontent, billion-dollar companies are seemingly attempting to make one of the few checks to their power go broke.
It seems to me they would rather spend their money initiating court litigation rather than improving their workers lives and their own workplace operations, said Abruzzo. She added the main goal is to divert our scarce resources away from protecting workers rights to organize and to fight for recognition and respect for the value that they add to their employers operations. And that is not going to happen.
The NLRB isnt just twiddling its thumbs until it gets its day in court; rather, it appears to be fueled more than ever to tackle these companies and workplace violations.But Abruzzo conceded the companies efforts to draw attention to the NLRB are having an effect.
Frankly, that strategy is working, she said. Theres a lot of public reporting about the challenges as opposed to the law breaking.
Continue reading here:
SpaceX leads the crusade against the NLRB as its head calls major employers 'lawbreakers' - Fortune
- NASA's Guardian Angels: Pararescuemen and the SpaceX launch - SOFREP [Last Updated On: July 10th, 2020] [Originally Added On: July 10th, 2020]
- SpaceX Vs Blue Origin: Who Wins The Space Race - Analytics India Magazine [Last Updated On: July 10th, 2020] [Originally Added On: July 10th, 2020]
- SpaceX delays launch of latest batch of Starlink satellites, with two hitchhiking spacecraft - The Verge [Last Updated On: July 10th, 2020] [Originally Added On: July 10th, 2020]
- SpaceX's next batch of Starlink satellites back on the launch pad - Spaceflight Now [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- SpaceX launch postponed due to bad weather - Gruntstuff [Last Updated On: July 16th, 2020] [Originally Added On: July 16th, 2020]
- Astronauts to tackle another spacewalk on extended SpaceX mission - UPI News [Last Updated On: July 16th, 2020] [Originally Added On: July 16th, 2020]
- Edinburgh scientists to blast asteroid-eating bacteria into orbit on a SpaceX rocket - Edinburgh Live [Last Updated On: July 17th, 2020] [Originally Added On: July 17th, 2020]
- Need to Get Away? Heres Every Space Tourism Vacation You Can Book Right Now - Observer [Last Updated On: July 18th, 2020] [Originally Added On: July 18th, 2020]
- SpaceX stacks Starship nose section for the first time in months - Teslarati [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- Science News Roundup: SpaceX capsule carrying NASA astronauts slated for August 2 return; Mexican cave artifacts show earlier arrival of humans in... [Last Updated On: July 24th, 2020] [Originally Added On: July 24th, 2020]
- Tesla is like a SpaceX rocket to stock investors, but the car makers bond holders are down to earth - MarketWatch [Last Updated On: July 24th, 2020] [Originally Added On: July 24th, 2020]
- WATCH: SpaceX Falcon 9 Booster Drone Ship 'Just Read the Instructions' Returns to Port Canaveral - SpaceCoastDaily.com [Last Updated On: July 26th, 2020] [Originally Added On: July 26th, 2020]
- SpaceX Astronauts Preparing To Leave ISS To Return To Earth - International Business Times [Last Updated On: July 27th, 2020] [Originally Added On: July 27th, 2020]
- Elon Musk says SpaceX will try launching a full-size Starship prototype 'later this week,' and the rocket may fly 150 meters high - MSN Money [Last Updated On: July 27th, 2020] [Originally Added On: July 27th, 2020]
- Watch The SpaceX Crew Dragon's Return To Earth LIVE This Sunday On 'Space Launch Live: Splashdown' - Science Fiction [Last Updated On: July 27th, 2020] [Originally Added On: July 27th, 2020]
- How Much Is SpaceX Worth and How Does It Make Money? - Barron's [Last Updated On: July 27th, 2020] [Originally Added On: July 27th, 2020]
- Elon Musk's SpaceX is raising up to $1 billion at $44 billion valuation - CNBC [Last Updated On: July 27th, 2020] [Originally Added On: July 27th, 2020]
- How SpaceX, social media and the 'worm' helped NASA become cool again - CNBC [Last Updated On: July 27th, 2020] [Originally Added On: July 27th, 2020]
- SpaceX Starship factory and rocket prototypes weather Texas hurricane - Teslarati [Last Updated On: July 29th, 2020] [Originally Added On: July 29th, 2020]
- SpaceX, NASA watch weather for historic astronaut splashdown on Sunday - Space.com [Last Updated On: July 30th, 2020] [Originally Added On: July 30th, 2020]
- Taking on SpaceX, Amazon to invest $10 billion in satellite broadband plan - Economic Times [Last Updated On: July 31st, 2020] [Originally Added On: July 31st, 2020]
- SpaceX Crew Dragon Departs, Carrying NASA Astronauts Toward Home - The New York Times [Last Updated On: August 2nd, 2020] [Originally Added On: August 2nd, 2020]
- r/SpaceX, the premier SpaceX discussion community [Last Updated On: August 3rd, 2020] [Originally Added On: August 3rd, 2020]
- Whats on TV Sunday: Connected and the SpaceX Landing - The New York Times [Last Updated On: August 3rd, 2020] [Originally Added On: August 3rd, 2020]
- SpaceX crew returned to Earth and other space news you missed - Winston-Salem Journal [Last Updated On: August 3rd, 2020] [Originally Added On: August 3rd, 2020]
- 'I prayed for this one - Space.com [Last Updated On: August 3rd, 2020] [Originally Added On: August 3rd, 2020]
- You Can't Buy SpaceX Stock Right Now, but Here's How You ... [Last Updated On: August 3rd, 2020] [Originally Added On: August 3rd, 2020]
- SpaceX Launch Schedule [Last Updated On: August 3rd, 2020] [Originally Added On: August 3rd, 2020]
- SpaceX's toasted Crew Dragon returns home after historic NASA astronaut splashdown - Space.com [Last Updated On: August 9th, 2020] [Originally Added On: August 9th, 2020]
- Explained: What is SpaceXs SN5 Starship prototype that completed its first test flight? - The Indian Express [Last Updated On: August 10th, 2020] [Originally Added On: August 10th, 2020]
- SpaceX launches and lands prototype of its Mars rocket Starship in key short flight test - CNBC [Last Updated On: August 10th, 2020] [Originally Added On: August 10th, 2020]
- Virgin Galactic Updates: Whats Happening With SpaceX Rival - Forbes [Last Updated On: August 14th, 2020] [Originally Added On: August 14th, 2020]
- SpaceX Increases Latest Funding Round to $2 Billion - Bloomberg [Last Updated On: August 14th, 2020] [Originally Added On: August 14th, 2020]
- SpaceX ramping up Starship prototype tests in Texas (and looking for a resort manager) - Space.com [Last Updated On: August 14th, 2020] [Originally Added On: August 14th, 2020]
- SpaceX hopes to 'hop' another Starship prototype this weekend - CNET [Last Updated On: September 2nd, 2020] [Originally Added On: September 2nd, 2020]
- Three launches this weekend? SpaceX to try back-to-back launches this Sunday - Florida Today [Last Updated On: September 2nd, 2020] [Originally Added On: September 2nd, 2020]
- SpaceX & NASA To Explore Gold-Filled Asteroid: Where Do Investors Flee If The Main Safe Haven Becomes Worthless? - The Punch [Last Updated On: September 2nd, 2020] [Originally Added On: September 2nd, 2020]
- Elon Musks SpaceX vs Jeff Bezoss Blue Origin: Which Space Project Will Dominate the Cosmos? - Robb Report [Last Updated On: September 2nd, 2020] [Originally Added On: September 2nd, 2020]
- SpaceX Just Launched Its 100th Rocket In A Major Milestone For The Company - Forbes [Last Updated On: September 2nd, 2020] [Originally Added On: September 2nd, 2020]
- What's Up in the Sky: Here's what to expect in 2021 - Akron Beacon Journal [Last Updated On: December 28th, 2020] [Originally Added On: December 28th, 2020]
- SpaceX among Perry broadband project awards - pennlive.com [Last Updated On: December 28th, 2020] [Originally Added On: December 28th, 2020]
- Lockheed Martin buys Aerojet Rocketdyne to better compete with Musk's SpaceX, Bezos' Blue Origin - CNBC [Last Updated On: December 28th, 2020] [Originally Added On: December 28th, 2020]
- Watch every SpaceX launch from 2020 and say Auld Lang Syne with fire - CNET [Last Updated On: December 28th, 2020] [Originally Added On: December 28th, 2020]
- Relive SpaceX's Starship SN8 test launch with this epic recap video - Space.com [Last Updated On: December 28th, 2020] [Originally Added On: December 28th, 2020]
- SpaceX cargo mission to carry water bears, baby squids to space station - UPI News [Last Updated On: May 29th, 2021] [Originally Added On: May 29th, 2021]
- Squid, cotton and 'water bears' among cargo headed to the International Space Station - WTSP.com [Last Updated On: May 29th, 2021] [Originally Added On: May 29th, 2021]
- Close Up Photo Shows the SpaceX Resilience Capsule Still Tied to the ISS - autoevolution [Last Updated On: May 29th, 2021] [Originally Added On: May 29th, 2021]
- Starlink snag forces users to build idiotic contraptions to access Elon Musks space internet - The Independent [Last Updated On: May 29th, 2021] [Originally Added On: May 29th, 2021]
- SpaceX Rival OneWeb Plans Next-Gen Constellation Thats Better Than Starlink - Observer [Last Updated On: May 29th, 2021] [Originally Added On: May 29th, 2021]
- What is that?! SpaceX's Starlink satellites explained - EarthSky [Last Updated On: May 29th, 2021] [Originally Added On: May 29th, 2021]
- Weekly Bytes | SpaceXs floating spaceport, Ransomware attack on Fujifilm, and more - The Hindu [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- SpaceX Dragon delivers solar arrays to the International Space Station - Electrek.co [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- USAF wants to deliver cargo around the world with reusable rockets - Aerospace Manufacturing [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- Is the Space Force about to acquire SpaceX Starships? | TheHill - The Hill [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- It's Launch Day! Here's what you need to know for today's SpaceX launch - Florida Today [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- See the citizen astronauts of Inspiration4 learn how to fly a SpaceX Dragon (photos) - Space.com [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- Everything You Need to Know About the Rise of SpaceX - Analytics Insight [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- The Pentagon wants to use private rockets like SpaceX's Starship to deliver cargo around the world - CNBC [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- SpaceX sends cargo to the space station, with the company on a record launch pace for 2021 - CNBC [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- Marc Benioff reveals investment in SpaceX, but says he'd need 'a couple of Ativans' to leave Earth - CNBC [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- Relativity Space raises $650 million from Fidelity and others to build 3D-printed SpaceX competitor - CNBC [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- SpaceX Converts Oil Rig Into a Launch Pad for Starship in ... [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- SpaceX Tests Experimental Starlink Terminal That Uses 2 ... [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- SpaceX Dragon docks at space station to deliver new solar ... [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- SpaceXs Starlink is in talks with several airlines for in-flight Wi-Fi - The Verge [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- Relativity Space raises $650 million for 3D-printed SpaceX ... [Last Updated On: June 10th, 2021] [Originally Added On: June 10th, 2021]
- Ex-SpaceX engineers are working on portable nuclear reactors that can power over 1,000 homes - Business Insider India [Last Updated On: October 20th, 2021] [Originally Added On: October 20th, 2021]
- Cathie Wood Piled Up Another $994K In This Company Linked With Elon Musk's SpaceX On Friday - Benzinga - Benzinga [Last Updated On: October 20th, 2021] [Originally Added On: October 20th, 2021]
- Supporters and opponents of SpaceX launch site air their concerns - Ars Technica [Last Updated On: October 20th, 2021] [Originally Added On: October 20th, 2021]
- Its not the heat, its the humidity that grounded Boeings Starliner - Ars Technica [Last Updated On: October 20th, 2021] [Originally Added On: October 20th, 2021]
- Morgan Stanley says SpaceX's Starship may 'transform investor expectations' about space - CNBC [Last Updated On: October 20th, 2021] [Originally Added On: October 20th, 2021]
- Updates: Watch as SpaceX launches a South Korean mission to the moon from Florida - Florida Today [Last Updated On: August 5th, 2022] [Originally Added On: August 5th, 2022]
- SpaceX's Starlink has soared, but a course correction may be on the horizon - Fast Company [Last Updated On: August 5th, 2022] [Originally Added On: August 5th, 2022]
- Musk Tries a New Way Out of Twitter - Bloomberg [Last Updated On: August 30th, 2022] [Originally Added On: August 30th, 2022]
- Elon Musk reveals hidden meaning behind the swooping 'X' in SpaceX - TweakTown [Last Updated On: August 30th, 2022] [Originally Added On: August 30th, 2022]
- SpaceX's Falcon Heavy rocket, world's most powerful rocket, launches after three-year hiatus - CNN [Last Updated On: November 4th, 2022] [Originally Added On: November 4th, 2022]
- Experts Excoriate NASA Report Claiming James Webb Wasn't Homophobic [Last Updated On: November 20th, 2022] [Originally Added On: November 20th, 2022]
- Elon Musk Locks Twitter Employees Out Office, Then Asks Them to Meet Him on the 10th Floor [Last Updated On: November 20th, 2022] [Originally Added On: November 20th, 2022]
- So Many People Are Using a Diabetes Drug for Weight Loss That Actual Diabetics Are Having Trouble Getting It [Last Updated On: November 20th, 2022] [Originally Added On: November 20th, 2022]
- NASA Tells Astronauts That Tweeting Isn't As Important as Staying Alive [Last Updated On: November 20th, 2022] [Originally Added On: November 20th, 2022]