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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October 27
GM and Rivian announce layoffs; Boeing workers reject contract offer.
October 26
California labor unions back Proposition 50; Harvard University officials challenge a union rally; and workers at Boeing prepare to vote on the company’s fifth contract proposal.
October 24
Amazon Labor Union intervenes in NYS PERB lawsuit; a union engages in shareholder activism; and Meta lays off hundreds of risk auditing workers.
October 23
Ninth Circuit reaffirms Thryv remedies; unions oppose Elon Musk pay package; more federal workers protected from shutdown-related layoffs.
October 22
Broadway actors and producers reach a tentative labor agreement; workers at four major concert venues in Washington D.C. launch efforts to unionize; and Walmart pauses offers to job candidates requiring H-1B visas.
October 21
Some workers are exempt from Trump’s new $100,000 H1-B visa fee; Amazon driver alleges the EEOC violated mandate by dropping a disparate-impact investigation; Eighth Circuit revived bank employee’s First Amendment retaliation claims over school mask-mandate.