Birds of a Feather: Audubon Joins Elon Musk in Challenging Constitutionality of Labor Law After Violating Workers’ Rights

NEW YORK – The National Audubon Society took the extreme legal position that federal laws meant to protect American workers are unconstitutional. The claim, filed in a response to a National Labor Relations Board (NLRB) complaint against the conservation nonprofit for violating the law, echoed Elon Musk’s Space X in questioning the constitutionality of federal labor laws.

Earlier this month, the NLRB issued a complaint against the National Audubon Society for violating federal labor laws and unlawfully discriminating against its own employees for union membership. The complaint consolidates eleven instances when Audubon broke the law and violated the rights of its union workforce, represented by the Communications Workers of America (Bird Union-CWA Local 1180).

Echoing the anti-worker strategy pioneered by Elon Musk’s Space X, Audubon’s response to the NLRB complaint questioned the authority of NLRB administrative judges and claimed that, “The [National Labor Relations Act], as interpreted and/or applied in this matter, is unconstitutional.” While notorious labor law violators like Amazon and Starbucks have copied Musk’s unusual legal defense, the National Audubon Society appears to be the first nonprofit to do so.

Audubon's legal position is based on a recent opinion from the conservative majority of the U.S. Supreme Court that curtailed the authority of agencies like the NLRB to interpret and implement regulations. Although Audubon embraces the ruling to defend its anti-worker discrimination, it has elsewhere publicly criticized the ruling, saying it is “likely to present challenges to conservation efforts” and “will slow the successful implementation of laws designed to address climate and biodiversity challenges.”

“Audubon has broken the law repeatedly, violating the rights of workers and discriminating against its own dedicated staff,” said Gloria Middleton, President of CWA Local 1180, the local union representing Bird Union workers. “It is a disgrace to see a storied institution like Audubon align itself with the likes of Elon Musk in order to evade responsibility for its treatment of the very people who protect the birds. Our members are ready to strike on September 10th if Audubon’s leadership does not stop its lawless actions.”

The NLRB has determined that, in contract negotiations with the Bird Union-CWA Local 1180 that have dragged on for more than two years, Audubon has violated federal labor laws, including by refusing to bargain over minimum salaries, making unilateral changes to healthcare benefits, and denying union members benefits that were given to non-represented staff.

The NLRB has identified a dozen different benefits that Audubon has granted non-union employees but denied to union-represented staff since the start of contract negotiations. The NLRB complaint described this discrimination as “inherently destructive of the rights guaranteed employees” by federal labor law.

Audubon’s unlawful discrimination against union staff even targeted sensitive employment benefits, such as the time a new parent could take parental leave. Union staff at Audubon are currently eligible for only two weeks of paid parental leave to care for a newborn, while non-union staff have received enhanced parental leave benefits since the start of contract negotiations.

In violation of federal labor law, the organization unilaterally imposed changes to the union members’ healthcare plan without negotiating with the union. The new plan raised costs for union members. Healthcare benefits are a mandatory subject of bargaining that must be negotiated in good faith. Audubon also refused to bargain with its union employees over minimum salaries and refused to share the market wage data used to develop the new salary structure.

The Bird Union has announced a three-day Unfair Labor Practice (ULP) strike to start on Tuesday, September 10, in response to the nonprofit’s continued violation of workers’ rights under federal labor laws. 
 

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