The New York Times reports this morning that “in the latest sign of a growing backlash within corporate America” against the authority exercised by the National Labor Relations Board (NLRB), Amazon is arguing that the 88-year-old federal agency is unconstitutional.
The position, taken in a legal filing made yesterday, echoes a similar position taken in recent weeks by Elon Musk’s SpaceX and Trader Joe’s.
The Times writes that the NLRB “consists of a prosecutorial arm, which issues complaints against employers or unions deemed to have violated federally protected labor rights; administrative judges, who hear complaints; and a five-member board in Washington, to which decisions can be appealed.
“Amazon’s filing was part of a case before an administrative judge in which labor board prosecutors have accused Amazon of illegally retaliating against workers at a Staten Island warehouse known as JFK8, which unionized two years ago.”
Amazon’s consistent position in these labor-related cases has been that it has not violated the law; now it is adding the constitutionality of the NLRB to its argument.
The Times writes that “the arguments appear to align with a broader conservative effort to question the constitutionality of a variety of regulatory actions, some of which have resulted in cases before the Supreme Court.
“In January, the Supreme Court also agreed to hear a case brought by Starbucks, which is challenging a federal judge’s order reinstating employees who were fired during a union campaign. The outcome of the case could rein in the labor board’s longstanding practice of seeking reinstatement for workers while their cases are litigated, a process that can take years.”
The Times story quotes Wilma Liebman, a chairwoman of the NLRB during the Obama administration, as saying that the arguments by Amazon and SpaceX are “radical,” and that “the constitutionality of the NLRB was settled nearly 90 years ago by the Supreme Court.”
KC’s View:
I said it the other day, and I’ll say it again. These arguments are just a precursor to someone trying to make the case that the US Constitution is unconstitutional. It seems pretty clear to me that this is where we are headed.
I’m not saying that the NLRB always gets it right. Nobody always gets it right. (I’ve been a pundit for more than 22 years. Trust me. I know all about getting it wrong.) But I do think it seems entirely appropriate for American workers to have an institutionalized regulatory agency designed to look out for their interests. After all, the companies with which they often find themselves in conflict hire lobbyists and contribute to political figures to make sure that their interests are prioritized.
Wilma Liebman may say that the the constitutionality of the NLRB was settled by the Supreme Court almost 90 years ago, but that may not matter – the current Court seems to have little regard for stare decisis, the doctrine that says courts should adhere to precedent in making their decisions.
Finally, if I were Trader Joe’s and Amazon, I’d worry a little bit about getting onto the same soapbox as Elon Musk, who may be one of the most innovative people on the planet, but there also have been reports (like in the January 6, 2024 Wall Street Journal) concluding that he is a ketamine-fueled nutcase who thinks laws and rules don’t apply to him.
The post Amazon Takes Up Argument That NLRB Is Unconstitutional appeared first on MNB.
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