Amazon.com has joined rocket maker SpaceX and grocery chain Trader Joe's in claiming that a U.S. labor agency's internal enforcement process violates the U.S. Constitution, as the retail giant faces numerous cases alleging it was involved in the Workers' right to freedom of association was interfered with.
In a filing Thursday with the National Labor Relations Board (NLRB), Amazon said it plans to argue that the agency's unique structure violates the company's right to a jury trial.
The company also said restrictions on the removal of administrative law judges and the five board members appointed by the president were unconstitutional.
The filing came as part of a pending lawsuit accusing Amazon of illegally retaliating against workers at a warehouse in New York's Staten Island, where employees voted to unionize in 2022. Amazon has faced more than 250 NLRB complaints alleging unlawful labor practices. The country has denied wrongdoing in recent years.
SpaceX is making similar claims against the board in a lawsuit filed last month, a day after the labor board accused the company of firing eight engineers for criticizing CEO Elon Musk in a letter to company executives.
Trader Joe's made the arguments later in January at a hearing in an NLRB case, and two Starbucks baristas seeking to dissolve their unions have challenged the board's structure in separate lawsuits.
An NLRB spokeswoman declined to comment.
The panel's general counsel files complaints against employers for alleged violations of federal labor law. These cases are heard first by administrative law judges and then by the five-judge panel, whose decisions can be appealed to federal court.
The increasing number of lawsuits against the labor board makes it more likely that the issue will reach the U.S. Supreme Court, whose conservative majority has expressed skepticism about the internal procedures of other U.S. agencies, said Seth Goldstein, a lawyer representing the unions in the United States represents the cases of Amazon and Trader Joe.
Goldstein said the pending cases could also encourage other employers to refuse to negotiate with unions because they assume the courts will strip the NLRB of its enforcement powers.
“I am very concerned that this will create real problems in collective bargaining for both new and established unions,” said Goldstein, a partner at the law firm Julien Mirer Singla and Goldstein in New York.
In a filing Thursday with the National Labor Relations Board (NLRB), Amazon said it plans to argue that the agency's unique structure violates the company's right to a jury trial.
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The company also said restrictions on the removal of administrative law judges and the five board members appointed by the president were unconstitutional.
The filing came as part of a pending lawsuit accusing Amazon of illegally retaliating against workers at a warehouse in New York's Staten Island, where employees voted to unionize in 2022. Amazon has faced more than 250 NLRB complaints alleging unlawful labor practices. The country has denied wrongdoing in recent years.
SpaceX is making similar claims against the board in a lawsuit filed last month, a day after the labor board accused the company of firing eight engineers for criticizing CEO Elon Musk in a letter to company executives.
Trader Joe's made the arguments later in January at a hearing in an NLRB case, and two Starbucks baristas seeking to dissolve their unions have challenged the board's structure in separate lawsuits.
An NLRB spokeswoman declined to comment.
Expand
The increasing number of lawsuits against the labor board makes it more likely that the issue will reach the U.S. Supreme Court, whose conservative majority has expressed skepticism about the internal procedures of other U.S. agencies, said Seth Goldstein, a lawyer representing the unions in the United States represents the cases of Amazon and Trader Joe.
Goldstein said the pending cases could also encourage other employers to refuse to negotiate with unions because they assume the courts will strip the NLRB of its enforcement powers.
“I am very concerned that this will create real problems in collective bargaining for both new and established unions,” said Goldstein, a partner at the law firm Julien Mirer Singla and Goldstein in New York.
