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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June 8
BLS releases May jobs reports; US Trade Representative proposes new tariffs.
June 7
SAG-AFTRA members ratify a four-year CBA and the International Trade Union Confederation releases its 2026 Global Rights Index.
June 4
Third Circuit tosses DOL’s $35.8 million healthcare wage award; Trump’s Republican NLRB nominee gets Senate hearing; Harvard graduate students end strike.
June 3
JOLTS data shows mixed labor market as personal income declines; New York Fed research links remote work to rising youth unemployment; Virginia Governor Spanberger signs sweeping employment reform package.
June 2
Illinois passes rideshare driver unionization bill; DOL issues new union financial reporting rule; unions push back against AI data center regulations.
June 1
Federal judge declines to block New Jersey cannabis labor peace requirements; EEOC issues proposed rescission of rule protection companies undertaking voluntary affirmative action plans; Connecticut governor signs AI law requiring employers to give notice about use of AI in employment decision-making.