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
February 11
Hollywood begins negotiations for a new labor agreement with writers and actors; the EEOC launches an investigation into Nike’s DEI programs and potential discrimination against white workers; and Mayor Mamdani circulates a memo regarding the city’s Economic Development Corporation.
February 10
San Francisco teachers walk out; NLRB reverses course on SpaceX; NYC nurses secure tentative agreements.
February 9
FTC argues DEI is anticompetitive collusion, Supreme Court may decide scope of exception to forced arbitration, NJ pauses ABC test rule.
February 8
The Second Circuit rejects a constitutional challenge to the NLRB, pharmacy and lab technicians join a California healthcare strike, and the EEOC defends a single better-paid worker standard in Equal Pay Act suits.
February 6
The California Supreme Court rules on an arbitration agreement, Trump administration announces new rule on civil service protections, and states modify affirmative action requirements
February 5
Minnesota schools and teachers sue to limit ICE presence near schools; labor leaders call on Newsom to protect workers from AI; UAW and Volkswagen reach a tentative agreement.