Amazon Challenges Constitutionality of National Labor Relations Board amid Ongoing Investigation
ICARO Media Group
In a recent court filing, e-commerce giant Amazon has argued that the National Labor Relations Board (NLRB) is "unconstitutional," claiming that the agency has violated its rights. The NLRB, established in 1935 to protect workers from corporate abuse and enforce labor laws, is currently investigating Amazon for multiple labor violations.
Amazon's argument against the NLRB centers around its alleged violation of the company's Fifth Amendment right to due process. The Fifth Amendment safeguards individuals from being denied certain protections when accused of a crime. Amazon contends that it has experienced a constitutional injustice during the investigation into its treatment of workers.
Furthermore, Amazon argues that the NLRB's structure itself breaches the Constitution, stating that the agency's Administrative Law Judges are shielded from presidential oversight by multiple layers of "for case" removal protection. According to the filing, this hampers the executive power outlined in Article II of the United States Constitution.
Notably, Amazon is not the only company to challenge the NLRB's constitutionality. Other corporations that have made similar arguments include Trader Joe's and SpaceX, headed by Elon Musk.
While some view these arguments as frivolous, individuals close to the labor movement express concern. Seth Goldstein, an attorney representing Amazon workers who were terminated due to their unionizing efforts, warns of the ramifications. He points out that in December, the NLRB ruled that Amazon had violated federal labor laws when it threatened and interrogated workers attempting to form a union at a New York warehouse.
Among the infringements cited in the ruling were the company's confiscation of organizing pamphlets and surveillance of employees' organizing activities. Reuters notes that Amazon has faced over 250 complaints lodged with the NLRB regarding violations of labor laws.
As Amazon continues to clash with the NLRB, the debate intensifies regarding the role and authority of governmental agencies in protecting workers' rights and regulating corporate behavior. The outcome of this legal battle could potentially have far-reaching implications for both worker rights and corporate accountability in the United States.