Elon Musk is using SpaceX to try to throw to simantle the NLRB’s tribunal system.
“Lawyers for Elon Musk’s SpaceX alleged in a lawsuit Thursday that the National Labor Relations Board’s in-house courts are unconstitutional and the agency should be prohibited from taking enforcement actions against it.
The company has been embroiled in employment-related complaints with the NLRB and other federal agencies. If successful, the suit would immediately throw the NLRB’s authority to police the workplace into chaos and create a thorny political issue in an area that for decades has divided Congress.
The complaint, filed in the southern district of Texas, relies heavily on a case currently pending before the Supreme Court, Jarkesy v. SEC. The plaintiff in that case alleges agency tribunals infringe on the constitutional right to a jury trial in civil cases and if administrative law judges — as utilized by the NLRB and many other federal agencies — violate the constitution’s separation of powers.
‘The NLRB’s current way of functioning is miles away from the traditional understanding of the separation of powers,’ the filing states.
Citing a Federalist Paper written by James Madison, it compares the NLRB’s structure to ‘the very definition of tyranny.'”
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