In a legal maneuver, SpaceX has filed a lawsuit against the National Labor Relations Board (NLRB), challenging the constitutionality of the board’s structure. The NLRB had recently accused SpaceX of unlawfully terminating employees involved in drafting a letter critical of CEO Elon Musk. The lawsuit, filed in Brownsville, Texas federal court, contends that the NLRB’s configuration violates the U.S. Constitution.
The NLRB asserted that SpaceX violated federal labor law by dismissing eight workers in 2022 who had signed a letter describing Musk as “a distraction and embarrassment” and accused him of making sexist comments contrary to company policies. The case is slated to be heard by an administrative judge and later reviewed by a five-member board appointed by the U.S. president, with the possibility of appeals in federal court.
SpaceX’s legal challenge centers on the argument that the NLRB’s structure is unconstitutional, citing that federal law only permits removing board members and administrative judges for cause, not at will. The company’s lawsuit aims to halt the NLRB case from progressing.
Notably, SpaceX recently employed a similar tactic to forestall an administrative case initiated by the U.S. Department of Justice, which alleged that the company unlawfully refused to hire refugees and asylum recipients. In November, a federal judge in Brownsville temporarily paused the administrative case pending the resolution of SpaceX’s lawsuit. The judge contended that the U.S. Constitution mandates the president’s appointment of administrative judges at the Justice Department, not the attorney general as currently practiced.
The NLRB declined to comment on the lawsuit. The outcome of these legal battles may have broader implications for the regulatory landscape and the relationship between corporations and labor boards. As SpaceX takes legal action to contest the NLRB’s accusations, the tech and space exploration community is watching closely to discern the potential ramifications for the company and the broader issue of labor relations within high-profile corporations.
