United States | News & Politics

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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.

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.

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.

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.

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