Close Menu
Human Resources Mag
  • Home
  • News
  • Management
  • Guides
  • Law
  • Talents
  • Benfits
  • Technology
  • More
    • Web Stories
    • Editor’s Picks
    • Press Release
What's On

Why empathy drives this leader’s talent development strategy

July 29, 2025

ATS Implementation: 10 Steps for Success in 2025

July 29, 2025

Job Posts with AI Skills Listed Are Willing to Offer 28% Higher Salaries

July 29, 2025
Facebook X (Twitter) Instagram
Facebook X (Twitter) Instagram
Human Resources Mag
Subscribe
  • Home
  • News
  • Management
  • Guides
  • Law
  • Talents
  • Benfits
  • Technology
  • More
    • Web Stories
    • Editor’s Picks
    • Press Release
Human Resources Mag
Home » 5th Circuit Weighs Amazon and SpaceX Challenges to NLRB’s Labor Authority
Law

5th Circuit Weighs Amazon and SpaceX Challenges to NLRB’s Labor Authority

staffBy staffNovember 21, 20244 Mins Read
Share Facebook Twitter Pinterest Copy Link LinkedIn Tumblr Email Telegram WhatsApp
Follow Us
Google News Flipboard
Share
Facebook Twitter LinkedIn Pinterest Email Copy Link

Judges for the 5th U.S. Circuit Court of Appeals questioned the two Texas district courts effectively denied Amazon and SpaceX their requests for preliminary injunctions in a pair of ongoing labor disputes with the National Labor Relations Board.

5th Circuit Weighs Amazon and SpaceX Challenges to NLRB's Labor Authority

During the arguments that happened on November 18, the three-judge panel seemed to have reservations on Amazon’s claim that the district judge’s failure to issue a stay and preliminary injunction by September 27 constituted a denial of its request altogether.

Amazon legal dispute

Judge James Graves Jr. noted that the district judge had asked the parties to file supplemental briefing in the case by  September 27. “You wanted him to receive the briefing on the 27th, read it, review it, vet it and rule all on the 27th,” Graves said in a brief back-and-forth with Trevor Cox, counsel for Amazon. “That just doesn’t seem reasonable to me.”

Cox countered that the court had “plenty of time” to consider the request and was aware of the need for a decision. When asked by other members of the court whether the NLRB had given Amazon advance notice of whether it actually intended to issue a decision by Sept. 27, Cox said that the agency had not done so.

Amazon challenges NLRB labor dispute

Julie Gutman Dickinson, counsel for the intervenor Teamsters union, which seeks to represent Amazon fulfillment center workers, said that NLRB typically takes months or longer from the date of a supplemental opposition filing deadline to issue a decision on an unfair labor practice charge.

But that possibility is “sort of a hollow assurance,” Cox said, “and in order to protect our interests we had to assume that as soon as our brief was filed, the NLRB could take action.”

Administrative stay on Amazon case

The district court eventually granted an administrative stay of proceedings in the Amazon case on Sept. 30, a few days after the Sept. 27 deadline, and it ordered that the company’s appeal be expedited.

SpaceX legal dispute

SpaceX faced a similar situation in which the NLRB scheduled a March 5 administrative hearing date for an unfair labor practice charge against the company. It asked a Texas district court for preliminary and injunctive relief to be decided prior to the hearing date, but the case fell to a dispute between the parties regarding a transfer of venues. The March 5 hearing opened without a decision on SpaceX’s request for relief.

SpaceX injunction

SpaceX asked the court to grant relief prior to a May 2 discovery hearing before an NLRB administrative law judge, but it did not receive any indication by April 30. It asked the 5th Circuit for an injunction pending appeal on May 1, which was granted.

SpaceX alleged that the district court effectively denied the company’s request for relief, but during oral arguments, the 5th Circuit seemed similarly skeptical.

“I’m having a hard time seeing why you couldn’t have waited even after the [administrative law judge] issued a discovery order,” Judge Priscilla Richman said in an exchange with counsel for SpaceX. “It’s not like that would’ve been the end of your administrative preceding.”

SpaceX and Amazon concern on case

Amazon and SpaceX raised several claims regarding NLRB’s constitutionality. They have concerns over board’s structure, which Cox said is unlike that of other federal agencies in that it does not require that presidents appoint a certain number of members who are not part of their own political parties. The lack of such a requirement “creates excessive insulation of the NLRB,” differentiating it from other federal agencies.

The two companies also claimed that NLRB’s adjudication of private rights violated their Seventh Amendment right to a trial by jury.

Follow on Google News Follow on Flipboard
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email Copy Link

Related Articles

Job Posts with AI Skills Listed Are Willing to Offer 28% Higher Salaries

July 29, 2025 Law

4,000 Employees Exit Via NASA Buyouts Following Agency Uncertainties

July 29, 2025 Law

Olipop’s PTO Policy Recommits to Employee Well-Being

July 25, 2025 Law

A cultural overhaul or a risky reset?

July 25, 2025 Law

Amazon Ring Staff Promotions Will Now Hinge on AI Usage

July 24, 2025 Law

Nissan Plant Shutdown in Japan to Result in 2,400 Job Cuts

July 23, 2025 Law
Top Articles

Accused of fraud, murder, fired exec awarded $500,000, 24 months’ notice

January 9, 202499 Views

5 Best Learning Management Systems in 2025

February 11, 202592 Views

Canadian Tire store under investigation for alleged exploitation of temporary foreign workers

October 2, 202492 Views
Stay In Touch
  • Facebook
  • YouTube
  • TikTok
  • WhatsApp
  • Twitter
  • Instagram
Latest News

AI-powered tools think your employees should be making more money

staffJuly 29, 2025

What Is a People First Culture? 13 Steps to Creating Culture in Your Org

staffJuly 28, 2025

Pay equity: Disputes, requests for guidance surge as employers adjust to new rules, says report

staffJuly 28, 2025
Most Popular

Why empathy drives this leader’s talent development strategy

July 29, 20250 Views

ATS Implementation: 10 Steps for Success in 2025

July 29, 20250 Views

Job Posts with AI Skills Listed Are Willing to Offer 28% Higher Salaries

July 29, 20250 Views
Our Picks

AI-powered tools think your employees should be making more money

July 29, 2025

What Is a People First Culture? 13 Steps to Creating Culture in Your Org

July 28, 2025

Pay equity: Disputes, requests for guidance surge as employers adjust to new rules, says report

July 28, 2025

Subscribe to Updates

Get the latest human resources news and updates directly to your inbox.

Facebook X (Twitter) Instagram Pinterest
  • Privacy Policy
  • Terms of use
  • Advertise
  • Contact Us
© 2025 Human Resources Mag. All Rights Reserved.

Type above and press Enter to search. Press Esc to cancel.