🗣️ Please pay attention
Amazon argues that national labor board is unconstitutional, joining SpaceX and Trader Joe’s
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. (source)
ICYMI, this is a case of corporations going, “7th Amendment Protections for me, but not for thee.”
It is strongly worth noting that in 2018 the John Roberts Court ruled 5-4 that companies can use forced arbitration clauses to stop people from joining together to fight workplace abuses - in effect denying individuals their 7th Amendment protections.
Subsequently, binding arbitration clauses used by corporations has proliferated; sneaking into all manner of common legal documents: personal banking applications, ordinary car loan applications, furniture purchases, and more. This is, unsurprisingly, a direct violation of the 7th Amendment that guarantees HUMAN BEINGS AND PEOPLE the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact. Republicans and SCOTUS are perfectly okay with corporations having more rights than workers and using forced arbitration to block people from having access to jury trials—but God forbid if corporations don’t have their right to a jury trial.
This legislative push to bestow corporations with more rights than people, while simultaneously taking away rights from human beings, has been nothing if not thoroughly and methodically done. At this rate, no corporation will ever need to fear a class action lawsuit again.
Amazon, SpaceX and Trader Joe’s are union busting.
But this latest case against the NLRB isn’t just an attack on labor and worker’s rights, it’s a fascistic attack on the very heart of fairness and democracy itself.
