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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 25
Supreme Court grants petition to hear a case on the scope of ADA standing; Texas federal district court blocks DOL rule expanding wage requirements for construction contractors, and South Korean Hyundai workers authorize strike.
June 24
Workers across the country face extreme heat exposure with minimal government protections; Utility Workers Union of America Local 1-2 reaches a tentative agreement with Con Edison narrowly avoiding a strike; the Tenth Circuit grants a continuation of a freeze on a wage increase for some federal contractors
June 23
Teamsters president will speak at RNC; Supreme Court weighs in on overtime exemptions; Honda faces ULP allegations.
June 21
The Amazon Labor Union voted to affiliate with the Teamsters; a Pennsylvania jury was unable to decide Uber Black drivers are employees; a recent article questioned the legality of southern governors’ anti-union activities.
June 20
NLRB issues Cemex order requiring casinos to recognize union; Amazon fined nearly $6 million for violating California’s Warehouse Quotas law; Waffle House commits to raise wages after pressure from labor advocates.
June 18
EEOC regulations requiring abortion accommodations survive; Bird Union seeks first contract; NLRB applies standard for when misconduct loses protection of Section 7.