Amazon Joins Other Companies in Contending US Labor Board’s Constitutionality

Amazon, along with SpaceX and Trader Joe’s, contends that the National Labor Relations Board’s (NLRB) internal enforcement processes violate the United States Constitution. Amazon filed a document with the NLRB asserting that the agency’s unique setup infringes on its right to a trial by jury. The company also argues that restrictions on the removal of administrative judges and the appointment process for the board’s members are unconstitutional.

This filing is part of an ongoing case accusing Amazon of unlawfully retaliating against workers at a Staten Island warehouse who voted to unionize in 2022. Amazon, facing over 250 NLRB complaints regarding alleged labor violations nationwide, denies any wrongdoing.

SpaceX has initiated similar claims against the board in a lawsuit filed recently after the NLRB accused the company of terminating eight engineers for criticizing CEO Elon Musk. Trader Joe’s also raised similar arguments in January during an NLRB hearing, while two Starbucks baristas seeking to dissolve their unions have challenged the board’s structure in separate lawsuits.

The NLRB’s general counsel brings forth complaints against employers for alleged violations of federal labor law. These cases undergo review by administrative judges before reaching the five-member board, whose decisions are subject to appeal in federal court.

The increasing number of challenges to the NLRB raises the possibility of the matter reaching the US Supreme Court. Legal experts believe that the conservative majority on the Supreme Court may express skepticism toward the internal proceedings of various US agencies. This situation could potentially embolden employers to resist bargaining with unions under the assumption that courts will curtail the NLRB’s enforcement authority, leading to complications in collective bargaining for both new and established unions.