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Home / Business and Economy / NLRB Retreats from SpaceX Labor Fight

NLRB Retreats from SpaceX Labor Fight

10 Feb

•

Summary

  • NLRB dismissed a case against SpaceX over engineer firings.
  • SpaceX engineers now fall under NMB jurisdiction, not NLRB.
  • This decision limits worker protections against retaliation.
NLRB Retreats from SpaceX Labor Fight

The National Labor Relations Board (NLRB) has dismissed a significant legal case against Elon Musk's SpaceX, ending a dispute that began two years ago. The agency accused SpaceX of retaliating against eight engineers for signing an open letter critical of Musk.

In a letter to former employees' attorneys, the NLRB stated it lacks jurisdiction over SpaceX. This decision stems from a recent opinion by the National Mediation Board (NMB), which asserted jurisdiction over SpaceX engineers. The NMB typically oversees railroad and airline companies.

This NLRB withdrawal represents a victory for SpaceX, potentially limiting legal avenues for employees claiming workplace retaliation. Workers under NLRB jurisdiction are granted rights to collective action for improved working conditions, protections absent for those under NMB oversight.

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SpaceX had previously sued the NLRB, challenging its jurisdiction. The NLRB's general counsel office had sought the NMB's view to potentially resolve disputes, leading to the NMB siding with SpaceX in January. The NMB's opinion cited that space transport includes air travel and SpaceX's website is accessible for trip purchases.

This development follows the NLRB's abandonment of another case against SpaceX in December concerning severance and arbitration agreements. While this resolves one lawsuit, other companies like Amazon are facing similar challenges to the NLRB's constitutionality, with cases pending in US courts. The fired engineers also have a separate lawsuit against SpaceX and Musk alleging sexual harassment and retaliation under California law.

Disclaimer: This story has been auto-aggregated and auto-summarised by a computer program. This story has not been edited or created by the Feedzop team.
The NLRB dismissed its case against SpaceX because a recent opinion from the National Mediation Board determined that SpaceX engineers fall under the NMB's jurisdiction, not the NLRB's, meaning the NLRB lacks jurisdiction over the employer.
When SpaceX engineers fall under NMB jurisdiction, they are covered by a different law that lacks the equivalent protections for collective action that workers under NLRB jurisdiction have to improve their working conditions.
SpaceX had previously sued the NLRB, challenging its constitutionality, and the fired engineers have a separate lawsuit against SpaceX and Musk alleging sexual harassment and retaliation under California law.

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