Labor & Employment Law Daily Wrap Up, NLRB NEWS—In complaint against SpaceX, Board now disclaims jurisdiction, (Feb 11, 2026)

By Brandi O. Brown, J.D.

The Board is now claiming that jurisdiction properly lies with the National Mediation Board over claims against Musk’s SpaceX relating to suppression of employees’ concerted activity by the employer.

This week, the NLRB dismissed a charge filed on behalf of several SpaceX employees who alleged they had been fired and otherwise retaliated against as a result of protected concerted activities, including their involvement in a letter that contended, among other things, that CEO Elon Musk’s behavior was “a frequent source of distraction and embarrassment.” The letter called on the employer to clarify its harassment policies and to enforce them.

The NLRB’s charge, issued in January 2024, described multiple actions taken by the employer to suppress employees’ protected activities and make them feel as if their “protected concerted activities were under surveillance” by the employer. After the charge, the employer threw up roadblock after roadblock, up to and including filing a separate lawsuit against the NLRB.

New administration. Then, after Trump took office for a second time and named Elon Musk to a high government role, the NLRB reached out to the National Mediation Board for its opinion regarding whether SpaceX is subject to the Railway Labor Act (RLA or Act), 45 U.S.C. § 151, et seq., in which case the NLRB would not have jurisdiction.

Jurisdiction. The NMB concluded that SpaceX is subject to the RLA. SpaceX had argued that it is subject to RLA jurisdiction because it is a “common carrier by air” that engages in “interstate or foreign commerce.” It also contended that it is subject to RLA jurisdiction because it transports mail under contract with the government. NMB agreed with both contentions and determined that Space X and “its employees involved in space transportation operations” are subject to RLA jurisdiction.

Dismissed. With that conclusion in hand and without further ado (prior to the letter, the last docket entry was from May 2025), the NLRB dismissed the employees’ charge, noting that in “the investigation and litigation of this case, a question was presented as to whether the Employer’s operations fall within the jurisdiction of the Railway Labor Act (‘RLA’) rather than the Act” and that “NMB issued its decision finding that the Employer is subject to the RLA as a common carrier by air engaged in interstate or foreign commerce as well as a carrier by air transporting mail for or under contract with the United States Government.”

“Accordingly,” the dismissal letter sent by the Regional Director continued, “the National Labor Relations Board lacks jurisdiction over the Employer and, therefore, I am dismissing your charge.” An appeal can be made and is due by February 23, 2026.

Companies: SpaceX; Space Exploration Technologies Corp.

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