SpaceX responds to unfair dismissal claims, says regulator is unconstitutional

The U.S. National Labor Relations Board (NLRB) filed a lawsuit against SpaceX on Wednesday, alleging unfair labor practices and unlawful termination. Now, SpaceX has responded — filing a lawsuit claiming that the entire structure of the NLRB violates the Constitution.

Elon Musk’s company sued the NLRB in federal court in Texas on Thursday, arguing that the government agency is unconstitutional because the president does not have the “constitutionally required degree of control” over his administrative law judges (ALJs).

Specifically, SpaceX claims the president should be able to remove NLRB judges without cause because the Constitution requires the president to use executive power “to ensure that the laws are faithfully executed.” In SpaceX’s view, this responsibility should include more comprehensive control over who enforces the above laws.

“[T]The ALJ can only be removed for cause, and the officers themselves can only be removed for cause,” SpaceX’s complaint reads.

SpaceX also argued that the NLRB violated the separation of powers by acting as both prosecutor and adjudicator, exercising legislative, executive and judicial powers in administrative proceedings. Additionally, the company claimed that the NLRB administrative law judge’s ruling violated its Seventh Amendment right to a jury trial.

“Even as prosecutors charging SpaceX with violations of federal labor laws in Title III courts, these NLRB members will issue the agency’s final order on whether SpaceX violated federal labor laws,” the complaint reads.

If the wrongful termination case against SpaceX proceeds, it will be heard first by an NLRB administrative law judge and then by a five-member board appointed by the president. However, the decision is not necessarily final and defendants can still appeal to federal court.

Even so, SpaceX clearly has no intention of letting it get to this point. The company has asked the court to stop the NLRB from proceeding with the charges and declare the NLRB’s structure unconstitutional, permanently blocking it from bringing unfair labor practice charges against SpaceX until the issues are corrected.

Mashable has reached out to SpaceX for comment. The NLRB declined to comment.

It is worth noting that SpaceX did not provide any further response to the NLRB’s specific allegations that the company violated the National Labor Relations Act. SpaceX has been accused of unlawfully firing employees who criticized CEO Musk, as well as interrogating, intimidating, coercing and implicitly threatening others.

One might think that it would be easier to address such accusations directly than to try to undermine an 88-year-old government agency. However, the company may not have much confidence in its ability to prevail with its more traditional arguments, given that the NLRB found SpaceX’s defense insufficient to prevent it from bringing charges.