Amazon, the e-commerce giant, has joined the ranks of companies challenging the constitutionality of the National Labor Relations Board (NLRB). In a legal filing made on Thursday, Amazon argued that the 88-year-old agency is unconstitutional, echoing similar claims made by SpaceX and Trader Joe's earlier this year.

The filing was in response to a case overseen by an administrative law judge, who is handling a complaint from NLRB prosecutors. The complaint alleges that Amazon unlawfully retaliated against workers at a New York City warehouse who voted to unionize nearly two years ago. Amazon denies many of the charges and is requesting that the complaint be dismissed.

However, Amazon's legal argument goes beyond refuting the specific allegations and challenges the very structure of the NLRB. The company's attorneys argue that the agency's limitations on the removal of administrative law judges and the five board members appointed by the president violate the separation of powers and infringe on executive powers stipulated in the Constitution. They also claim that the NLRB proceedings deny Amazon a trial by a jury and violate its due-process rights under the Fifth Amendment.

The NLRB spokesperson declined to comment on Amazon's filing, and the company has not yet responded to requests for comment. Seth Goldstein, an attorney representing both the Amazon Labor Union and labor group Trader Joe's United, expressed concern about this trend, calling it "very frightening." He believes that these companies, unable to defeat successful union organizing, are now attempting to dismantle the entire process.

This legal argument from Amazon, which has a long history of resisting unionization efforts, is similar to the claims made by SpaceX and Trader Joe's in separate lawsuits and an agency hearing last month. SpaceX filed a lawsuit against the NLRB in early January, arguing that the agency's structure is unconstitutional. This came after the labor agency accused SpaceX of unlawfully firing employees who criticized Elon Musk in an open letter and creating an atmosphere of surveillance.

Similarly, during a January labor board hearing regarding allegations of retaliation against union activism, an attorney for Trader Joe's claimed that the NLRB and its panel of administrative law judges are structured unconstitutionally.

The outcome of these legal battles could have significant implications for the future of workers' rights and organizing efforts in the United States. As these high-profile companies challenge the constitutionality of the NLRB, the debate surrounding labor laws and the balance of power between employers and employees continues to intensify.