In defending itself against union busting allegations, Trader Joe’s fired a cannon ball that could sink the ship of modern American labor law.
The grocery store chain is arguing that the federal agency prosecuting it for unfair labor practices — including giving union workers worse retirement benefits and barring workers from wearing union pins at work — is unconstitutional.
The argument, first reported by Bloomberg, is unlikely to be ruled on before an appeal but could pose an existential threat to the National Labor Relations Board, a nearly 90-year-old institution created as part of the New Deal to protect workers’ right to unionize and act collectively to improve their working conditions.