March 21 (Reuters) - Elon Musk's SpaceX has been accused
by a U.S. labor agency of requiring employees who were laid off
or fired from the rocket and satellite maker to sign unlawful
agreements barring them from disparaging the company and joining
class-action lawsuits against it.
The complaint, filed late Wednesday by a National Labor
Relations Board (NLRB) regional official in Seattle, comes as
SpaceX is already facing a separate case before the NLRB and has
in turn filed a lawsuit claiming the agency's structure violates
the U.S. Constitution.
SpaceX, based in Hawthorne, California, is accused in the
new complaint of requiring separated employees to sign severance
agreements with confidentiality and non-disparagement clauses
that restrict them from exercising their rights under U.S. labor
law, the labor board said in a release on Thursday.
Those provisions are common in severance pacts signed by
workers, but the NLRB has said such agreements must make clear
that workers cannot waive their rights to advocate for better
working conditions or file complaints with the NLRB.
The NLRB said the complaint, which was not immediately
available, also alleges that agreements signed by SpaceX
employees to bring legal disputes in arbitration rather than
court and forego participation in class actions against the
company were illegal.
SpaceX did not immediately respond to a request for comment.
An initial hearing in the case is scheduled for October
before an administrative judge, whose decision can be reviewed
by the NLRB'S five-member labor board appointed by the U.S.
president. Board rulings can be appealed in federal court.
The complaint seeks to force SpaceX to rescind the
agreements and block it from enforcing agreements already signed
by workers.
The company's lawsuit against the labor board, which is
pending in a Texas federal court, stems from a separate case in
which the agency claims SpaceX illegally fired eight engineers
who circulated a letter that criticized Musk, the company's CEO
and founder, and accused him of sexist conduct.
SpaceX has denied wrongdoing in that case and has argued
that the NLRB's in-house enforcement proceedings violate its
constitutional right to a jury trial. The company also says that
limits on the removal of board members and administrative judges
violate the U.S. Constitution.
Amazon.com ( AMZN ), Starbucks ( SBUX ), Trader Joe's and
three Starbucks ( SBUX ) baristas who oppose unions at the stores where
they work are making similar claims in pending lawsuits and
board cases.
SpaceX has asked a New Orleans-based U.S. appeals court to
reconsider its recent decision rejecting the company's bid to
keep its lawsuit in Texas. A judge had transferred the case to
California, where SpaceX is based, and the administrative case
involving the fired engineers is proceeding there.