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.
Considering that the literal modern social contract is predicated on, at least, the formal right to organize, which in turn is underpinned by the NLRB, if the fascist supreme court overturns it, that means workers will be footloose and fancy-free in terms of national allegiance, huh?