In a legal filing on Thursday, Jeff Bezos‘ Amazon.com, Inc. AMZN has argued that the National Labor Relations Board or NLRB is unconstitutional, echoing the statements of Elon Musk-led Space Exploration Technologies Corp. or SpaceX and Trader Joe‘s.
What Happened: Amazon’s filing was in response to a case before an administrative law judge, who has been overseeing a complaint from NLRB prosecutors.
NLRB has alleged that the e-commerce giant unlawfully retaliated against workers at a New York City warehouse who voted to unionize nearly two years ago, reported the Associated Press.
Amazon did not immediately respond to Benzinga's request for comment.
The company denies many of the charges and requests the complaint to be dismissed in the filing. Amazon’s attorneys argue that the structure of the NLRB violates the separation of powers and infringes on executive powers stipulated in the Constitution.
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They also contend that NLRB proceedings deny the company a trial by a jury and violate its due-process rights under the Fifth Amendment.
Reacting to Amazon’s legal filing, Seth Goldstein, an attorney representing both the Amazon Labor Union and the labor organization Trader Joe's United, expressed deep concern, labeling the trend as extremely “frightening."
"Since they can't defeat successful union organizing, they now want to just destroy the whole process," he said.
Why It Matters: Amazon’s legal argument follows similar claims made by SpaceX and Trader Joe’s in a separate lawsuit and an agency hearing last month.
SpaceX filed a lawsuit against the NLRB in January, alleging the agency’s structure violates the constitution.
This action followed the NLRB’s accusation against the company for wrongful termination of employees who penned a critical open letter about Musk, and for creating an atmosphere suggesting surveillance of worker activities.
Similarly, during a labor board hearing in January regarding accusations of retaliation against union activism at Trader Joe's, a legal representative for the grocery chain contended that the NLRB and its administrative law judges’ panel are structured unconstitutionally.
Last year, the NLRB filed a complaint against Amazon for refusing to bargain with a New York workers’ union. The NLRB general counsel sought remedies, including an order for Amazon to bargain in good faith with the union representing more than 8,300 workers at its JFK8 fulfillment center.
Similarly, Apple was accused by the federal labor board of not extending a benefits increase to unionized retail employees last year. A regional director of the NLRB filed a complaint, alleging that the technology company breached federal labor regulations.
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Disclaimer: This content was partially produced with the help of Benzinga Neuro and was reviewed and published by Benzinga editors.
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