Will the Courts Overturn the National Labor Relations Act?
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I haven’t addressed the case of many of our Capitalist Overlords deciding to file a case to ask to get the entire NLRA thrown out as unconstitutional. Jeff Bezos and Amazon have now joined Elon Musk and Trader Joe’s in being so outraged by the threat of unions that they are going to this extreme measure. This is the early stages of this. The focus is primarily on the National Labor Relations Board, but without the NLRB, there functionally is no NLRA in terms of allowing unions to actually form and then win a contract.
Will the courts go down this road? It would be a big step. It would be overruling the New Deal. I know this is the conservative dream. I know very well that at an absolute minimum, Scalia, Thomas, and Gorsuch would be on board. To my knowledge, SCOTUSBlog has not covered this at all, so it’s unlikely it will happen too soon. But this Court is so outright hostile to unions that it would almost be surprising if, at the very least, the NLRB’s authority is not somehow reduced. I am not a labor lawyer, so I am speculating, yes. But the issue is worth addressing.
What I am hearing from the union organizing world that is under the Cult of Jane McAlevey is that they are taking this future and already spinning it to their own talking points. Those are that the NLRA and NLRB were actually created to help business resist union power and that getting rid of them would lead to the next generation of radical workplace organizing.
This is complete bullshit. You might argue that the National Industrial Recovery Act had some of that in it. But the creation of the NLRA was a gigantic victory for workers. The idea that American workers are going to rise up and demand radical change once the tyrannical NLRB is out of the way is being completely high on your own supply. When you have a singular talking point developed over twenty years of internal conversations with people who only agree with you, I guess everything is a nail. But give me a break.
However, it is a sign that at the very least, union people do see this happening in the future.
Here’s more on the arguments corporate America is making.