Elon Musk Can't Get His Way Here
February 27, 2024
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20:56Now PlayingElon Musk Can't Get His Way Here
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as posted by the channelLive-streamed on February 21, 2024
Seth Goldstein, legal counsel for Trader Joe’s United & the Amazon Labor Union (ALU), discusses a recent legal filing by Amazon, Trader Joe’s, and SpaceX that alleges that the National Labor Relations Board (NLRB) is unconstitutional.
Sam is joined by Sam Goldstein as they dive into the evolution of the legal attacks on the NLRB, beginning with Amazon’s objections to the NLRB’s role in the Amazon Labor Union elections of 2022, and seeing Elon Musk file suit against the NLRB’s constitutionality in the wake of a decision against SpaceX. Next, Goldstein steps back, walking through the establishment of the National Labor Relations Act in 1935 as an attempt to institutionalize the conflict between labor and management in an attempt to somewhat protect workers’ rights, and the near-nonexistent changes in its management (outside of the 1947 Taft-Hartley Act) over the following eight decades, despite the overwhelming changes to the labor market with the rise of Tech and the gig economy. After tackling the history of challenges to its unconstitutionality, Seth walks Sam through the three major planks of SpaceX’s case – namely: the requirement of good cause for Presidents to remove NLRB judges, the Seventh Amendment right to a jury, and the Board’s combination of legislative, judicial, and executive powers. Exploring each point, Goldstein tackles the absurdity of each point within the broader operations of the US government, and the devastating impact the case could have on both the NLRB and the administrative state writ large. After discussing SpaceX’s attempt to keep this legal battle in Texas, Goldstein wraps up with Trader Joe’s similar case coming out of Connecticut, the threat IT poses to the NLRB, and what to expect moving forward.
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