SpaceX is suing the National Labor Relations Board (NLRB) after the agency accused Elon Musk's company of unlawfully firing employees. In a lawsuit filed Thursday in federal court, SpaceX claimed the NLRB's actions were unconstitutional.
On Wednesday, the NLRB filed a lawsuit accusing SpaceX of illegally firing a group of employees who drafted an open letter criticizing Musk's behavior. The NLRB also claimed that SpaceX interrogated employees about their involvement in the letter and encouraged employees to resign if they participated in organized activities.
Now, SpaceX is responding with a lawsuit, saying the open letter "distracts the attention of SpaceX employees across the country." The company claims that the NLRB proceedings, which involve a hearing before an NLRB Administrative Judge (ALJ), violate SpaceX's "constitutional right to a trial by jury."
The company also accused the NLRB of violating the Constitution's provisions on the separation of powers, saying the agency's structure is "far removed from the traditional understanding of the concept of separation of powers."
The NLRB declined to comment.
SpaceX asked the court to find provisions limiting the removal of NLRB members and ALJs unconstitutional and to declare that the NLRB proceedings deprived SpaceX of its right to trial. The company also asked the court to stay current proceedings. A hearing will be held before the NLRBALJ on March 5, 2024, but SpaceX can still appeal the decision to the commission and then to a federal appeals court.
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