SpaceX Bid to Keep Labor Suit in Texas Denied by 5th Circuit

By | March 5, 2024

SpaceX’s bid to keep its lawsuit against the US National Labor Relations Board in Texas was denied by a federal appeals court, a setback for Elon Musk’s aerospace company in its battle against the agency.

The aerospace company sued the NLRB in January, seeking to have its structure declared unconstitutional. That came the day after the agency issued a complaint accusing SpaceX of illegally retaliating by firing eight employees who had circulated an open letter critical of Musk. A US district court judge last month ruled that the case should be transferred to California.

Musk’s companies have repeatedly brought cases challenging the NLRB in the New Orleans-based 5th US Circuit Court of Appeals, the court that denied its request to keep the suit in Texas. The 5th Circuit, which includes Texas, is regarded as one of the most conservative of the federal appeals courts.

SpaceX headquarters and the NLRB region that brought the case against Musk’s company are both based in California. But SpaceX argued that Texas was an appropriate venue for its lawsuit because its facilities there were disrupted by the ex-employees’ letter and would be affected by the remedies the NLRB is seeking in its complaint.

Photo: A SpaceX rocket in Cape Canaveral, Florida.

Topics Lawsuits Texas Aerospace

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