Birds of a Feather: Audubon Joins Elon Musk in Challenging Constitutionality of Labor Law After Violating Workers' Right

NEW YORK – The National Audubon Society took the extreme legal position that federal laws meant to protect American workers are unconstitutional. The claim, filed in a response to a National Labor Relations Board (NLRB) complaint against the conservation nonprofit for violating the law, echoed Elon Musk’s Space X in questioning the constitutionality of federal labor laws.

Earlier this month, the NLRB issued a complaint against the National Audubon Society for violating federal labor laws and unlawfully discriminating against its own employees for union membership. The complaint consolidates eleven instances when Audubon broke the law and violated the rights of its union workforce, represented by the Communications Workers of America (Bird Union-CWA Local 1180).

Echoing the anti-worker strategy pioneered by Elon Musk’s Space X, Audubon’s response to the NLRB complaint questioned the authority of NLRB administrative judges and claimed that, “The [National Labor Relations Act], as interpreted and/or applied in this matter, is unconstitutional.” While notorious labor law violators like Amazon and Starbucks have copied Musk’s unusual legal defense, the National Audubon Society appears to be the first nonprofit to do so.

Audubon's legal position is based on a recent opinion from the conservative majority of the U.S. Supreme Court that curtailed the authority of agencies like the NLRB to interpret and implement regulations. Although Audubon embraces the ruling to defend its anti-worker discrimination, it has elsewhere publicly criticized the ruling, saying it is “likely to present challenges to conservation efforts” and “will slow the successful implementation of laws designed to address climate and biodiversity challenges.”

https://cwa-union.org/news/releases/birds-feather-audubon-joins-elon-musk-challenging-constitutionality-labor-law-after