SpaceX sues US labor board

by Rebecca Klar and Julia Shapero - 01/05/24 4:56 PM ET

Technology

The Big Story

SpaceX sues US labor board after it alleged unlawful firings

The spacecraft and satellite communications company owned by billionaire Elon Musk has sued the National Labor Relations Board (NLRB), alleging the agency’s structure violates the Constitution.

The moves comes after the NLRB filed a complaint against SpaceX Wednesday, accusing the company of unlawfully firing eight employees who drafted and circulated an open letter detailing workplace concerns.

The SpaceX suit describes the NLRB complaint as “unlawful,” claiming the agency’s structure violates Article 2 of the Constitution and the Fifth and Seventh amendments, The Hill’s Nick Robertson reported.

The company argues that because only board members and administrative judges can be removed by the president — and not all employees — the agency’s structure is unconstitutional.

“The existence of unconstitutional removal protections inflicts twofold harm. It limits the President’s constitutional authority, of course,” the suit reads. “But it also produces an administrative bureaucracy that operates on regulated parties without the constitutionally required ‘degree of electoral accountability.’”

Read more in a full report at TheHill.com.

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