SpaceX is suing to bust up federal union protections

SpaceX, owned by Elon Musk, has filed a lawsuit against the National Labor Relations Board (NLRB), alleging the board's actions to be unconstitutional. This development takes place after the NLRB accused SpaceX of unlawfully firing some of its employees – employees who critiqued Musk's behavior. Moreover, the NLRB contended that SpaceX questioned its employees about their participation in the open letter and pushed them to resign if they were associated with organized activities.

In counter-response, SpaceX, instigating a lawsuit, claims that the open letter was a "distraction" for its employees nationwide. The firm argues that the NLRB's proceedings, including a hearing before an administrative law judge (ALJ), infringe on their "constitutional right to trial by jury".

The lawsuit also alleges that the NLRB is in violation of the provisions of the Constitution that outline separation of powers, citing that the board’s structure significantly deviates from the conventional interpretation of the concept. The NLRB, on these matters, did not make any comments.

SpaceX requests the court to pronounce the regulations limiting the removal of NLRB constituents and ALJs as constitutionally invalid. It also seeks the court ruling to determine that the NLRB measures rob SpaceX of its trial rights. Further, it asks for the ongoing proceedings to be put on hold temporarily. An NLRB ALJ hearing is lined up for March 5th, 2024, with an appeal option available to SpaceX for the decision at a federal appeals court.