• Home
  • News
  • Fortune 500
  • Tech
  • Finance
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
TechAmazon

Amazon joins Trader Joe’s and Elon Musk’s SpaceX in calling the National Labor Relations Board unconstitutional

By
Haleluya HaderoHaleluya Hadero
Haleluya HaderoHaleluya Hadero
and
The Associated PressThe Associated Press
The Associated PressThe Associated Press
By
Haleluya HaderoHaleluya Hadero
Haleluya HaderoHaleluya Hadero
and
The Associated PressThe Associated Press
The Associated PressThe Associated Press
February 17, 2024 at 3:09 PM UTC
Amazon has argued in a legal filing that the 88-year-old National Labor Relations Board is unconstitutional.P Photo/Michael Sohn, File

Amazon is arguing in a legal filing that the 88-year-old National Labor Relations Board is unconstitutional, echoing similar arguments made this year by Elon Musk’s SpaceX and the grocery store chain Trader Joe’s in disputes about workers’ rights and organizing.

The Amazon filing, made Thursday, came in response to a case before an administrative law judge overseeing a complaint from agency prosecutors who allege the company unlawfully retaliated against workers at a New York City warehouse who voted to unionize nearly two years ago.

In its filing, Amazon denies many of the charges and asks for the complaint to be dismissed. The company’s attorneys then go further, arguing that the structure of the agency — particularly limits on the removal of administrative law judges and five board members appointed by the president — violates the separation of powers and infringes on executive powers stipulated in the Constitution.

The attorneys also argue that NLRB proceedings deny the company a trial by a jury and violate its due-process rights under the Fifth Amendment.

An NLRB spokesperson declined to comment on the filing. Amazon did not immediately respond to requests for comment.

Seth Goldstein, an attorney who represents both the Amazon Labor Union and the labor group Trader Joe’s United, said the trend was “very frightening.”

“Since they can’t defeat successful union organizing, they now want to just destroy the whole process,” he said.

The legal argument from Seattle-based Amazon, which has long resisted organizing efforts and is seeking to redo the sole union win at its U.S. warehouses, follows similar claims made by SpaceX and Trader Joe’s in a separate lawsuit and an agency hearing last month.

SpaceX sued the NLRB in early January, arguing the structure of the agency is unconstitutional. The lawsuit came a day after the labor agency accused the company of unlawfully firing employees who wrote an open letter critical of Musk and of creating the impression worker activities were being surveilled.

At a January labor board hearing over allegations Trader Joe’s retaliated against union activism, an attorney for the grocery chain said the NLRB and its panel of administrative law judges are structured unconstitutionally.

Fortune Global Forum returns Oct. 26–27, 2025 in Riyadh. CEOs and global leaders will gather for a dynamic, invitation-only event shaping the future of business. Apply for an invitation.

About the Authors

By Haleluya Hadero
See full bioRight Arrow Button Icon
By The Associated Press
See full bioRight Arrow Button Icon
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • Future 50
  • World’s Most Admired Companies
  • See All Rankings
Sections
  • Finance
  • Leadership
  • Success
  • Tech
  • Asia
  • Europe
  • Environment
  • Fortune Crypto
  • Health
  • Retail
  • Lifestyle
  • Politics
  • Newsletters
  • Magazine
  • Features
  • Commentary
  • Mpw
  • Ceo Initiative
  • Conferences
  • Personal Finance
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
About Us
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map

© 2025 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.