This is Amazon’s latest attempt to prevent union organizing in its fulfillment centers. But this time, these firms are doing more than merely limiting their own employees’ rights. If these threats against the NLRB continue, American workers may lose workplace safeguards they have had for over a century.
Amazon contends that the NLRB’s structure is unconstitutional because administrative law judges are “insulated from presidential oversight,” which violates the separation of powers. The company also criticizes the NLRB’s structure and its power to punish a company for unfair labor practices following a hearing rather than a full jury trial.
Amazon did not respond to our request for comment.
“Judges need protections to remain independent, just like federal judges. You can’t remove federal judges. At the end of the day, the courts do have jurisdiction over decisions by the board. So what are they complaining about?”
Seth Goldstein, the legal counsel for Trader Joe’s United and the Amazon Labor Union
Like other government agencies, the NLRB is heavily influenced by the current president. Under President Joe Biden, who describes himself as pro-worker, the NLRB has been supportive of workers’ causes. However, as the 2024 election approaches, a Republican administration might drastically alter this, increasing the likelihood that companies will succeed in their efforts to overturn long-standing labor laws.
