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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July 15
U.S. labor productivity climbs at its fastest pace in decades; a federal judge grants a preliminary injunction to anti-abortion groups challenging Michigan’s civil rights law; and Jackson, Mississippi’s bus workers walk off the job.
July 14
DOJ opens investigation of UAW president; LIUNA protests Pfizer building collapse; national park workers unionize
July 13
New York Times files retaliation suit against the EEOC; US government pushes back TPS designation termination for Haiti; federal judge grants preliminary injunction to federal workers seeking reasonable telework accommodations.
July 12
Postal workers demand investigation into Atlanta distribution center conditions following deaths; University of Chicago Press Workers vote to unionize.
July 10
Brigham and Women’s Hospital locks out 4,000 nurses after one-day strike; appeal filed challenging agency-shop agreements.
July 9
The Second Circuit declines to vacate an arbitration award over a nursing union dispute; federal workers sue the Department of Defense for termination of union contracts; New York City announces settlement with companies for violating New York work laws.