Already a subscriber? Make sure to log into your account before viewing this content. You can access your account by hitting the “login” button on the top right corner. Still unable to see the content after signing in? Make sure your card on file is up-to-date.

Amazon has recently argued that the National Labor Relations Board (NLRB)’s structure infringes upon the US Constitution, echoing arguments previously made by SpaceX and Trader Joe’s.

The company argues in a legal filing that the NLRB’s ongoing case accusing Amazon of retaliating against employees for union activities lacks validity due to the board’s allegedly unconstitutional structure. Amazon’s primary argument is that the NLRB’s framework disrupts the separation of powers principle by limiting presidential control over administrative law judges and board members, thereby violating Article II of the Constitution.

Amazon’s filing also raises concerns about the constitutionality of the NLRB’s operations, suggesting they also breach Articles I and III, in addition to the Fifth and Seventh Amendments. This argument follows similar claims by SpaceX and Trader Joe’s, both of which have faced NLRB accusations of labor law violations. SpaceX’s dispute arose from allegations of wrongful termination of employees involved in drafting a letter about workplace issues, while Trader Joe’s challenged the constitutionality of the NLRB’s structure and its judges in a January hearing.

If successful in challenging the NLRB’s structure, it could have significant implications for labor relations and regulatory oversight in the United States, potentially setting precedents for how administrative agencies are structured and how they exercise their authority.