Amazon Challenges National Labor Relations Board’s Constitutionality
Amazon, a company with 1.54 million employees, has filed a legal document claiming the National Labor Relations Board (NLRB) is unconstitutional. The NLRB, a federal agency protecting workers’ rights, is involved in a case where prosecutors have accused Amazon of discriminating against workers at a Staten Island warehouse who voted to unionize. The New York Times reported on the case.
Previous Challenges to NLRB’s Constitutionality
Amazon isn’t the only company challenging the NLRB’s constitutionality. SpaceX and Trader Joe’s have also taken legal action against the agency in separate cases. SpaceX filed a lawsuit after the NLRB accused the company of wrongfully firing eight employees. Trader Joe’s, accused of union-busting, also claimed the NLRB’s structure is unconstitutional. Additionally, two Starbucks baristas challenged the agency’s structure in their separate lawsuits.
Amazon’s Legal Argument
In the lawsuit, Amazon’s lawyers argued that the NLRB’s structure violates the separation of powers in the United States Constitution, impeding the executive power defined in Article II. They also claimed the NLRB’s hearings seek legal remedies that exceed what’s allowed without a trial by jury.
Potential Impact and Controversy
Seth Goldstein, a lawyer representing unions in the Amazon and Trader Joe’s cases, believes these challenges could lead to the Supreme Court. He also notes that these legal actions might cause employers to stop negotiating with unions in hopes that the courts will strip the federal agency of its powers. Amazon has a history of conflict with the NLRB, which found the company violated federal labor laws last year.