Amazon and SpaceX are quietly trying to abolish national labor laws

Photo credit: Lisa Werner/Getty Images

Amazon claimed in a lawsuit released Friday morning that the National Labor Relations Board (NLRB) is unconstitutional. SpaceX and Trader Joe's — companies that, like Amazon, have faced repeated federal labor law violations — have recently carried out similar attacks that threaten national worker protections.

This is just Amazon's latest attempt to block unionization at its fulfillment centers. But this time these companies are not just restricting the rights of their own employees. If these threats against the NLRB continue, American workers could lose the workplace protections they have had for nearly a century.

“It's a load of crap,” said Seth Goldstein, legal counsel for Trader Joe's United and the Amazon Labor Union. “I don’t believe any of it and I think it’s just an excuse to bust unions.”

Amazon claims that the NLRB's structure is unconstitutional because administrative law judges are “insulated from presidential oversight” and thus violate the separation of powers. The company also argues against the structure of the NLRB itself, as well as its ability to punish a company for unfair labor practices after a hearing rather than a full jury trial.

Amazon did not respond to requests for comment.

“Judges need protection to remain independent, just like federal judges. “You can’t remove federal judges,” Goldstein told TechCrunch. The complaint about a lack of jury trials for corporations may seem less dubious, but Goldstein still believes it is overblown. “Ultimately, the courts are responsible for the committee’s decisions. What are they complaining about?”

Like other federal agencies, the NLRB is largely shaped by the current president. Under President Joe Biden, who describes himself as pro-worker, the NLRB has been friendly to workers' concerns. But as the 2024 election approaches, a Republican administration could significantly change that, making it more likely for companies to succeed in their attempts to repeal longstanding labor laws.

“I believe this poses a real threat to workers, especially if Donald Trump is elected,” Goldstein said.