https://apnews.com/article/amazon-nlrb-unconstitutional-union-labor-459331e9b77f5be0e5202c147654993e Amazon has argued in a legal filing that the 88-year-old National Labor Relations Board is unconstitutional, echoing similar arguments made this year by Elon Musk’s SpaceX and the grocery store chain Trader Joe’s in disputes about workers’ rights and organizing. The Amazon filing, made Thursday, Feb. 15, 2024 BY HALELUYA HADERO Amazon is arguing in a legal filing that the 88-year-old National Labor Relations Board is unconstitutional, echoing similar arguments made this year by Elon Musk’s SpaceX and the grocery store chain Trader Joe’s in disputes about workers’ rights and organizing. The Amazon filing, made Thursday, came in response to a case before an administrative law judge overseeing a complaint from agency prosecutors who allege the company unlawfully retaliated against workers at a New York City warehouse who voted to unionize nearly two years ago. In its filing, Amazon denies many of the charges and asks for the complaint to be dismissed. The company’s attorneys then go further, arguing that the structure of the agency — particularly limits on the removal of administrative law judges and five board members appointed by the president — violates the separation of powers and infringes on executive powers stipulated in the Constitution. The attorneys also argue that NLRB proceedings deny the company a trial by a jury and violate its due-process rights under the Fifth Amendment. An NLRB spokesperson declined to comment on the filing. Amazon did not immediately respond to requests for comment. Seth Goldstein, an attorney who represents both the Amazon Labor Union and the labor group Trader Joe’s United, said the trend was “very frightening.” “Since they can’t defeat successful union organizing, they now want to just destroy the whole process,” he said. The legal argument from Seattle-based Amazon, which has long resisted organizing efforts and is seeking to redo the sole union win at its U.S. warehouses, follows similar claims made by SpaceX and Trader Joe’s in a separate lawsuit and an agency hearing last month. SpaceX sued the NLRB in early January, arguing the structure of the agency is unconstitutional. The lawsuit came a day after the labor agency accused the company of unlawfully firing employees who wrote an open letter critical of Musk and of creating the impression worker activities were being surveilled. At a January labor board hearing over allegations Trader Joe’s retaliated against union activism, an attorney for the grocery chain said the NLRB and its panel of administrative law judges are structured unconstitutionally.
I wouldn't want a union in my company either Before that happens, I rather would close the shit... and so, as a revenge & punishment, help increase unemployment in that shithole city/county/district...
Been thinking about this... I think the NLRB should exist, but not as what it is. It should be an apolitical government body (the Labor Dept?) whose job is to ensure companies abide by labor laws in all employment, private and public. The NLRB would replace unions which, from my experience working with them, are akin to a cancer for businesses. Based on size, a business would have to abide by sets of increasingly detailed labor laws (as is the case today), and both employers and employees would be able to consult an AI driven database meant to clarify expectations from both sides in their very specific industry. Grey areas not covered would be subject to lawsuits and reviews meant to fill the void, thus strengthening and clarifying operational rules with time. The challenge is from the legislative side, politicians' ability to severely affect the workings of the "new" NLRB, from its funding, its rules and its enforcement capabilities. The disagreements can be healthy as the assumption is that people elect those who can affect the changes they want to see. A politician could include their reform goals, if any, in their political sales pitch. The point is, this new NLRB should be protected from sudden politically motivated changes but not to the point of being totally insulated from the will of the people.