Judge issues injunction against NLRB in favor of SpaceX
A U.S. federal district judge today issued an injunction against the National Labor Relations Board (NLRB), blocking any further action on its complaint against SpaceX until the courts rule on the constitutionality of that complaint, accepting SpaceX’s position that the NLRB’s decision to suspend that complaint pending a court decision was irrelevant.
The NLRB has sued SpaceX, claiming it had violated the labor rights of several former employees because it fired them for criticizing Musk publicly. SpaceX responded by suing the NLRB itself, claiming the law which founded it and allowed it to act as prosecutor, judge, and jury in all cases while also limiting the President’s ability to fire its officials was unconstitutional.
As the case moved through the courts, the NLRB suspended its case against SpaceX. The company however demanded this injunction as well, since it considered that suspension merely a ploy that could be rescinded at any time.
Judge Albright ruled in favor of SpaceX and imposed an injunction as the case proceeds. He said the ruling came in part because of the U.S. Court of Appeals for the Fifth Circuit’s ruling that restrictions on removal for administrative law judges in the Securities and Exchange Commission are unconstitutional.
You can read the judge’s decision here [pdf]. This quote from it however is very telling:
» Read more
A U.S. federal district judge today issued an injunction against the National Labor Relations Board (NLRB), blocking any further action on its complaint against SpaceX until the courts rule on the constitutionality of that complaint, accepting SpaceX’s position that the NLRB’s decision to suspend that complaint pending a court decision was irrelevant.
The NLRB has sued SpaceX, claiming it had violated the labor rights of several former employees because it fired them for criticizing Musk publicly. SpaceX responded by suing the NLRB itself, claiming the law which founded it and allowed it to act as prosecutor, judge, and jury in all cases while also limiting the President’s ability to fire its officials was unconstitutional.
As the case moved through the courts, the NLRB suspended its case against SpaceX. The company however demanded this injunction as well, since it considered that suspension merely a ploy that could be rescinded at any time.
Judge Albright ruled in favor of SpaceX and imposed an injunction as the case proceeds. He said the ruling came in part because of the U.S. Court of Appeals for the Fifth Circuit’s ruling that restrictions on removal for administrative law judges in the Securities and Exchange Commission are unconstitutional.
You can read the judge’s decision here [pdf]. This quote from it however is very telling:
» Read more