In Response to Labor Misconduct Complaint, SpaceX Claims Federal Agency Is Unconstitutional

SpaceX has displayed apparent intolerance for critique, in response to a complaint lodged by the National Labor Relations Board (NLRB) for reportedly terminating employees who criticized the conduct of Elon Musk. The spacce-seeking firm, owned by billionaire Musk, responded by launching a lawsuit against the NLRB on Thursday. In its suit, SpaceX alleged the NLRB's structure contravenes the U.S. Constitution. On Wednesday, the accusation was made involving the firing of eight employees who penned and shared an open letter terming Musk’s public conduct as “distraction and embarrassment” for the corporation. The allegation states the terminated employees engaged in actions that are safeguarded under the National Labor Relations Act, with a hearing set for March 5 before the NLRB's administrative law judge. Through its legal action, SpaceX is aiming to prevent the NLRB complaint from proceeding by asserting the NLRB trial infringes on their “constitutional right to trial by jury.”

In November 2023, the company defended against allegations related to refugees and asylum seekers, arguing that the administrative judges overseeing the anti-immigration bias cases at the Department Of Justice were unlawfully appointed. Now, SpaceX seems to be revisiting this strategy. In their recent lawsuit, the firm argues the open letter was a “distraction to SpaceX employees across the country.”

Several employees authored the open letter, labeling Elon Musk a "distraction" to the organization and calling for a clear demarcation line between their CEO’s personal brand and the corporate entity. They implored that their CEO's controversial communications do not mirror the company’s work ethos or its mission and urged conforming to its "zero tolerance" policies. They recommended establishing mechanisms for staff to report objectionable behavior, demanding that culprits responsible for creating poor working conditions be penalized, regardless of rank or tenure.

The NLRB complaint alleges that the tumultuous chain of events, starting from termination of those who distributed the letter to intimidation and threats against workers, happened immediately following the letter's circulation. Furthermore, the complaint maintains that SpaceX encouraged others to resign if they disagreed with Musk's conduct. In addition, the complaint also alleges that the company subjected its workers to interrogations, surveillance, and threats.