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 22
SCOTUS declines Wilcox appeal; Penn State research assistants win bargaining rights; SEIU sued over military leave firing.
October 21
DOL withdraws tipped-worker rule; Instacart settles hiring-bias claims; Phillips 66 locks out New Jersey refinery workers.
October 20
Korean unions oppose labor exemption bill; Portland city workers prepare for strike; UPenn grad student union looks to dismiss university filing
October 19
FDA reverses course on policy prohibiting off-duty union activity; FAA and NATCA reach deal to secure pay increase for air traffic controllers.
October 18
Federal judge again halts cancellation of the Bureau of Prisons’ CBA; tabletop gaming workers face roadblocks in union recognition.
October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.