JAKARTA - SpaceX had to just go with a US labor court on Tuesday 5 March to face claims that it fired eight engineers for criticizing the CEO, Elon Musk. The plaintiffs accused him of sexist behavior in a letter to company executives. The case will be filed before the Administrative Judge of the National Working Relations Council, Sharon Steckler in Los Angeles.
This claim prompted SpaceX to file a lawsuit in January to obstruct the process by claiming that the council's internal enforcement process violated the US Constitution. The Attorney General of the Job Relations Council, which acts as prosecutor, claims that SpaceX violated US labor law by firing engineers in 2022 after they spread a letter accusing Musk of sexist behavior and claiming that the company tolerates discrimination against women. SpaceX is accused of violating the National Labor Relations Act, which protects workers' rights to unite and advocate for better work conditions.
The engineers have filed a separate complaint with a California human rights agency accusing SpaceX of tolerate gender-based discrimination and taking revenge on workers who complain.
SpaceX has denied the allegations while attacking the core function of the labor relations council in the lawsuit, which was filed in Texas federal court. A judge last month transferred the case to California, arguing the employment council case was being filed there.
SpaceX challenged the decision in the appeals court, and California judges on Monday 4 March sent the case back to Texas awaiting the outcome of the appeal. If SpaceX loses, they can be ordered to return workers and compensate them for the lost salaries and benefits. Steckler's decision in this case could be appealed to the five-member board and then the federal appeals court.
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SpaceX did not respond to a request for comment. The company was represented by lawyers from law firm Morgan Lewis & Bockius including John Ring, who was chairman of the Labor Relations Council during the Donald Trump administration.
SpaceX has asked for a postponement of the trial awaiting the company's efforts in Texas court to obstruct the case of the working relations council from continuing. A regional director of the NLRB last month rejected the motion and the five-member council, which has one vacancy, confirmed the decision in a one-page ruling.
In its lawsuit, the company claims that the council's administrative process to hear cases involving illegal labor practices violates its constitutional rights to get a jury trial.
SpaceX also said that the limits on the president's ability to remove administrative judges and board members were unconstitutional. Starbucks, Amazon.com, and Trader Joe's, all of whom are facing a campaign of national union organizations, have filed similar arguments in the ongoing council cases.
The labor relations board has said in court documents that similar removal protections for council judges and members have been confirmed by the US Supreme Court, and that the rights to a jury hearing do not apply to cases filed under federal labor law.
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