John Fry is a student at Harvard Law School.
Two sets of unfair labor practice proceedings against SpaceX are on hold, as two Fifth Circuit courts have issued preliminary injunctions against the NLRB pending the outcome of the company’s constitutional challenges to the agency.
As of late April, it appeared that SpaceX’s first challenge, filed in the Southern District of Texas, was being transferred to California after a protracted venue battle in which the Fifth Circuit narrowly declined to override the trial judge’s transfer order. However, over two months later, the trial judge has still not finalized the transfer. Furthermore, amid the venue dispute, the trial judge did not rule swiftly on SpaceX’s motion for a preliminary injunction against the NLRB, so the company appealed the matter to the Fifth Circuit, calling the trial judge’s delay an “effective denial” of the injunction. In a one-sentence order, the Fifth Circuit granted the injunction, despite the NLRB’s argument that the appeal lacked jurisdiction because the case was (ostensibly) bound for California.
On Wednesday, SpaceX also secured a similar injunction in the Western District of Texas, where it has filed a second, substantially identical constitutional suit against the NLRB. Wednesday’s preliminary injunction was also granted without a written decision explaining the court’s reasoning (although one may be forthcoming). SpaceX’s success in halting the ULP proceedings against it shows that regardless of the ultimate merits of the company’s constitutional arguments, its lawsuits have proven to be an effective delay tactic. Labor advocates—still making sense of what the recent Supreme Court term will mean for workers’ rights—will continue to watch both SpaceX cases closely.
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April 26
Screenwriters in the Writers Guild of America vote to ratify a four-year agreement with the Alliance of Motion Picture and Television Producers, and teachers in Los Angeles vote to ratify a two-year agreement with the Los Angeles Unified School District.
April 24
NYC unions urge Mamdani to veto anti-protest “buffer zones” bill; 40,000 unionized Samsung workers rally for higher pay; and Labubu Dolls found to contain cotton made by forced labor.
April 23
Trump administration wins in 11th Circuit defending a Biden-era project labor agreement rule; NABTU convenes its annual legislative conference; Meta reported to cut over 10% of its workforce this year.
April 22
Congress introduces a labor rights notification bill; New York's ban on credit checks in hiring takes effect; Harvard's graduate student workers go on strike.
April 21
Trump's labor secretary resigns; NYC doormen avoid a strike; UNITE HERE files complaint over ICE concerns at FIFA World Cup
April 20
Immigrant truckers file federal lawsuit; NLRB rejects UFCW request to preserve victory; NTEU asks federal judge to review CFPB plan to slash staff.