The National Labor Relations Board abandoned a Biden-era complaint against SpaceX after a finding that the agency does not have jurisdiction over Elon Musk's space company. The US labor board said SpaceX should instead be regulated under the Railway Labor Act, which governs labor relations at railroad and airline companies.
The Railway Labor Act is enforced by a separate agency, the National Mediation Board, and has different rules than the National Labor Relations Act enforced by the NLRB. For example, the Railway Labor Act has an extensive dispute-resolution process that makes it difficult for railroad and airline employees to strike. Employers regulated under the Railway Labor Act are exempt from the National Labor Relations Act.
In January 2024, an NLRB regional director alleged in a complaint that SpaceX illegally fired eight employees who, in an open letter, criticized CEO Musk as a “frequent source of embarrassment." The complaint sought reinstatement of the employees, back pay, and letters of apology to the fired employees.