
John Fry is a student at Harvard Law School.
SpaceX has filed a second lawsuit in Texas challenging the constitutionality of the National Labor Relations Board, after its first suit was transferred from Texas to California last month. The new complaint rehashes two arguments that SpaceX made in its initial suit: that the NLRB’s members and the agency’s administrative law judges are impermissibly shielded from removal by the President.
The new suit is likely a second attempt to have these constitutional claims heard in the Fifth Circuit, which is under increasing scrutiny for its zeal in curtailing federal agencies’ power. SpaceX’s first suit was transferred to California because the underlying unfair labor practice proceedings had a weak connection to the state of Texas, leading a judge in the Southern District of Texas to conclude that venue in Texas was improper. SpaceX’s new suit seeks to halt ongoing ULP proceedings in which the NLRB is challenging the company’s severance agreements and forced arbitration clauses. While these ULP charges were issued in Seattle, the challenged contractual terms apply to SpaceX employees across the country, leading the company to argue that Texas is an appropriate forum for its new suit. Labor law experts will continue to watch both SpaceX suits closely.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 25
Philadelphia municipal workers ratify new contract; Chocolate companies escape liability in trafficking suit; Missouri Republicans kill paid sick leave
July 24
Texas District Court dismisses case requesting a declaratory judgement authorizing agencies to end collective bargaining agreements for Texas workers; jury awards two firefighters $1 million after they were terminated for union activity; and Democratic lawmakers are boycotting venues that have not rehired food service workers.
July 23
A "lost year" for new NLRB precedent; work stoppage among court appointed lawyers continues in Massachusetts
July 22
In today’s news and commentary, Senate Republicans push back against Project Labor Agreements and two rulings compelling arbitration for workers. Senate Republicans are pushing back against President Trump’s decision to maintain a Biden-era rule requiring project labor agreements (PLAs) for federal construction contracts over $35 million. Supporters of PLAs argue that PLAs facilitate better wages […]
July 21
WNBA players stage protest; Minneapolis DFL Party endorses Omar Fateh.
July 20
A US District Court orders the Trump Administration to provide its plans for firing federal workers; the Massachusetts Legislature considers multiple labor bills; and waste-collection workers at Republic Services strike throughout the nation.