In a formal document, Amazon is making the claim that the National Labor Relations Board, which has been in existence for 88 years, is not constitutional. This is similar to the arguments made by SpaceX, owned by Elon Musk, and the grocery store Trader Joe’s, in recent debates regarding workers’ rights and unionization.

On Thursday, Amazon submitted a response to a complaint made by agency prosecutors accusing the company of retaliating against workers at a New York City warehouse who voted to unionize almost two years ago. The complaint is being overseen by an administrative law judge.

Amazon has submitted a response to the accusations made against them and is requesting that the complaint be dropped. The legal team for the company also contends that the organization of the agency, specifically the restrictions on removing administrative law judges and five board members who were chosen by the president, goes against the division of powers and encroaches on executive authority outlined in the Constitution.

The lawyers are also claiming that the NLRB hearings deprive the company of a trial by jury and infringe upon its Fifth Amendment right to due process.

A representative from the NLRB chose not to provide a statement regarding the submission. Amazon has not yet responded to inquiries for comment.

Attorney Seth Goldstein, who advocates for the Amazon Labor Union and the labor organization Trader Joe’s United, expressed concern about the alarming trend.

He stated that instead of trying to overcome effective union organizing, they are now aiming to completely dismantle the process.

Amazon, based in Seattle, has been against unionization for a while and is now trying to overturn the only union victory at its American warehouses. This is in line with similar accusations made by SpaceX and Trader Joe’s in another legal case and a hearing held by an agency last month.

In January, SpaceX filed a lawsuit against the NLRB, claiming that the organization’s setup is in violation of the Constitution. This legal action was taken one day after the labor agency accused SpaceX of unjustly terminating employees who had written a public letter criticizing Musk and of giving the impression that worker actions were being monitored.

During a labor board hearing in January regarding claims of retaliation against union involvement, a lawyer representing Trader Joe’s argued that the NLRB and its panel of judges are organized in a manner that violates the constitution.

Source: wral.com