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Musk's SpaceX and others win US Court challenge to the labor board's structural

The U.S. National Labor Relations Board structure was likely illegal, according to a U.S. appellate court that ruled on Tuesday. It also blocked the agency's ability to pursue cases against SpaceX and other companies.

The 5th U.S. Circuit Court of Appeals in New Orleans has issued a ruling. The 5th Circuit Court of Appeals, based in New Orleans, is the first appeals court to rule that a law protecting NLRB administrative judge and the five board members from being fired at will by the President is likely illegal.

The 5th Circuit said on Tuesday that the protections against removal prevent the President from exercising his powers to control the Executive Branch.

Circuit Judge Don Willett wrote that, because the Executive Power remains with the President alone, those who exercise this power on his behalf are still subject to his supervision. Willett is a Republican appointee.

There are several similar lawsuits challenging the structure of the board. The Trump administration uses the same arguments, after the president dismissed a Democratic board member in January. She sued to get back her job.

The 5th Circuit has upheld the decisions of three Texas judges who blocked NLRB actions alleging illegal labor by SpaceX and Energy Transfer, a pipeline operator, as well as Aunt Bertha which operates a search engine for social services, pending their outcome.

Willett wrote: "The Employers' case has been made and they should not be forced to choose between constitutionality and compliance."

Requests for comments were not immediately responded to by the board or companies.

Musk was Trump's top adviser, leading an effort to dramatically shrink the federal workforce, and cut government spending. The two men fell out publicly in May. SpaceX is suing the NLRB to stop a board case.

The NLRB, the only federal agency to hear private-sector disputes in labor relations, is the NLRB. General counsel of the agency can file complaints against unions or employers. These are then heard by administrative judges whose decisions may be appealed.

Since Trump fired Gwynne Wicox in January, the five-member board is paralyzed. It cannot make decisions. The NLRB, which was created by Congress in the United States to be independent of the White House and had never been removed before Wilcox by Trump, is now paralyzed.

The panel on Tuesday included a second Trump nominee and a Judge appointed by Republican George H.W. Bush. (Reporting and editing by Alexia Garamfalvi, Sandra Maler, and Daniel Wiessner, Albany, New York)

(source: Reuters)