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John Fry is a student at Harvard Law School.
SpaceX has filed a second lawsuit in Texas challenging the constitutionality of the National Labor Relations Board, after its first suit was transferred from Texas to California last month. The new complaint rehashes two arguments that SpaceX made in its initial suit: that the NLRB’s members and the agency’s administrative law judges are impermissibly shielded from removal by the President.
The new suit is likely a second attempt to have these constitutional claims heard in the Fifth Circuit, which is under increasing scrutiny for its zeal in curtailing federal agencies’ power. SpaceX’s first suit was transferred to California because the underlying unfair labor practice proceedings had a weak connection to the state of Texas, leading a judge in the Southern District of Texas to conclude that venue in Texas was improper. SpaceX’s new suit seeks to halt ongoing ULP proceedings in which the NLRB is challenging the company’s severance agreements and forced arbitration clauses. While these ULP charges were issued in Seattle, the challenged contractual terms apply to SpaceX employees across the country, leading the company to argue that Texas is an appropriate forum for its new suit. Labor law experts will continue to watch both SpaceX suits closely.
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June 16
The political role of public sector unions; Apple sued for gender discrimination; unions ask the NLRB to not issue joint employer rule
June 14
The Supreme Court sides with Starbucks over the NLRB; fired SpaceX engineers sue Elon Musk for sexual harassment and retaliation; flight attendants picket in 30 cities.
June 12
Second Circuit tosses order restricting Amazon firings; Delivery drivers file arbitration claims against Amazon; OSHA heat standard under review at OIRA
June 11
Uber loses Ninth Circuit challenge to AB 5, UAW reaches agreement with an electric vehicle company, and Virginia teachers vote to unionize.
June 10
Former President Trump attempts to win over voters with a pledge to eliminate taxation of tips; the Major League Baseball Players Association accuses Bad Bunny’s sports agency of providing clients and prospective clients with improper inducements
June 9
Judge halts UC workers' strike; Samsung employees stage first-ever walkout.