Check how courts have cited this case. Use our free citator for the most current treatment.
No. 10766012
United States Court of Appeals for the Ninth Circuit
amazon.com Services, LLC v. National Labor Relations Board
No. 10766012 · Decided December 29, 2025
No. 10766012·Ninth Circuit · 2025·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 29, 2025
Citation
No. 10766012
Disposition
See opinion text.
Full Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMAZON.COM SERVICES, LLC; No. 25-886
AMAZON LOGISTICS, INC.,
D.C. No.
2:24-cv-09564-
Plaintiffs - Appellants,
SPG-MAA
v.
TEAMSTERS AMAZON OPINION
NATIONAL NEGOTIATING
COMMITTEE,
Intervenor - Appellee,
NATIONAL LABOR RELATIONS
BOARD, a federal administrative
agency; MARVIN E. KAPLAN, in
his official capacity as the Chairman
of the National Labor Relations
Board; DAVID M. PROUTY, in their
official capacity as Member of the
National Labor Relations Board;
WILLIAM COWEN, in his official
capacity as Acting General Counsel
of the National Labor Relations
Board; J. DOE, in his or her official
capacity as National Labor Relations
Board Administrative Law Judge,
Defendants - Appellees.
2 AMAZON.COM SERVICES, LLC V. NLRB
Appeal from the United States District Court
for the Central District of California
Sherilyn Peace Garnett, District Judge, Presiding
Argued and Submitted August 14, 2025
Pasadena, California
Filed December 29, 2025
Before: Jacqueline H. Nguyen, Danielle J. Forrest, and
Lawrence VanDyke, Circuit Judges.
Opinion by Judge Forrest
SUMMARY *
Labor Law
The panel affirmed the district court’s order denying
Amazon.com Services, LLC’s motion for a preliminary
injunction to stop administrative proceedings before the
National Labor Relations Board (Board) after Amazon was
charged with unfair-labor practices under the National Labor
Relations Act for refusing to recognize and bargain with the
Teamsters Amazon National Negotiating Committee
(Teamsters), which represent a group of former Amazon
delivery drivers.
*
This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
AMAZON.COM SERVICES, LLC V. NLRB 3
Amazon argued that the Board and its administrative
procedures for adjudicating labor disputes are
unconstitutional and sued to enjoin the Board and its named
officials from engaging in unconstitutional administrative
proceedings. The district court concluded that it lacked
jurisdiction to issue the requested relief under the Norris-
LaGuardia Act, 29 U.S.C. § 113, which strips federal courts
of power “to issue any . . . injunction in a case involving or
growing out of a labor dispute.”
The panel held that the definition of “labor dispute” set
forth in the Norris-LaGuardia Act, 29 U.S.C. § 113(a),
imposes separate mandates for the pending case and the
underlying labor dispute, both of which were satisfied
here. First, the panel held that section 113(a)’s case-related
requirements were satisfied. Both Amazon and the
Teamsters are entangled in or implicated in the issues to be
decided here because Amazon’s constitutional challenges
concern the agency’s adjudication of the ULP claims that the
Teamsters initiated. Second, the panel also held that the
underlying Board proceeding is obviously a labor dispute. It
concerns the terms of employment and the representation of
the drivers, and the dispute is between employers and
employees, namely, Amazon and the
Teamsters. Accordingly, the panel affirmed the district
court’s denial of Amazon’s motion for a preliminary
injunction.
4 AMAZON.COM SERVICES, LLC V. NLRB
COUNSEL
Kamran Mirrafati (argued), Seyfarth Shaw LLP, Los
Angeles, California; Brian M. Stolzenbach, Seyfarth Shaw
LLP, Chicago, Illinois; Giovanna Ferrari, Seyfarth Shaw
LLP, San Francisco, California; for Plaintiffs-Appellants.
Hector De Haro (argued), Julie Gutman-Dickinson, and
Sophie Newman, Bush Gottlieb, Glendale, California;
Willie J. Burden Jr. and David O’Brien Seutholz,
International Brotherhood of Teamsters, Washington, D.C.;
for Intervenor-Appellee.
David P. Boehm (argued), Senior Attorney; Grace L.
Pezzella and Paul A. Thomas, Trial Attorneys; Michael S.
Dale, Supervisory Attorney; Kevin P. Flanagan, Deputy
Assistant General Counsel; Dawn L. Goldstein, Deputy
Associate General Counsel; Nancy E. Kessler Platt,
Associate General Counsel; Stephanie Cahn, Acting Deputy
General Counsel; William B. Cowen, Acting General
Counsel; National Labor Relations Board, Washington,
D.C.; for Defendants-Appellees.
AMAZON.COM SERVICES, LLC V. NLRB 5
OPINION
FORREST, Circuit Judge:
Amazon was charged with unfair-labor practices under
the National Labor Relations Act (NLRA) for refusing to
recognize and bargain with the Teamsters Amazon National
Negotiating Committee (Teamsters), which represented a
group of former Amazon delivery drivers. Amazon argues
that the National Labor Relations Board (Board) and its
administrative procedures for adjudicating labor disputes are
unconstitutional, and it sued to enjoin the Board and its
named officials “from engaging in unconstitutional
administrative proceedings designed to unlawfully force
Amazon into collective bargaining with the Teamsters.” The
district court denied Amazon’s motion for a preliminary
injunction to stop the administrative proceedings,
concluding that it lacked jurisdiction to issue this relief under
the Norris-LaGuardia Act. This Act strips federal courts of
power “to issue any . . . injunction in a case involving or
growing out of a labor dispute.” 29 U.S.C. § 101. Thus, the
question presented here is whether this case, asserting
constitutional challenges related to the Board, involves or
grows out of a labor dispute. Because we conclude that it
does, we affirm the district court.
I. BACKGROUND
A. The Board
Given the nature of Amazon’s claims in this lawsuit, we
begin with the challenged administrative structure. The
Board is charged with administering the NLRA. NLRB v. SW
Gen., Inc., 580 U.S. 288, 297 (2017). The Board was
established by Congress. 29 U.S.C. § 153(a). It has five
6 AMAZON.COM SERVICES, LLC V. NLRB
members who are appointed by the President with the advice
and consent of the Senate. Id. Board members serve five-
year terms and are removable by the President “upon notice
and hearing, for neglect of duty or malfeasance in office, but
for no other cause.” Id.
Congress also established General Counsel for the
Board. 29 U.S.C. § 153(d). The General Counsel
investigates charges of unfair labor practices (ULP) asserted
under the NLRA, files complaints, and prosecutes the
complaints before the Board. Id. The General Counsel is
appointed by the President, with the advice and consent of
the Senate, to a four-year term but may be removed by the
President at any time. Id.; see NLRB v. Aakash, Inc., 58 F.4th
1099, 1103–06 (9th Cir. 2023); see also Exela Enter. Sols.,
Inc. v. NLRB, 32 F.4th 436, 441–45 (5th Cir. 2022) (holding
“the NLRA does not provide tenure protections to the
General Counsel” so the President may remove the General
Counsel “without cause”).
Typically, a complaint is assigned to an Administrative
Law Judge (ALJ) for an initial hearing, report, and
recommended order. See 29 U.S.C. § 160(b)–(c); 29 C.F.R.
§ 102.34. But the Board, or an individual member of the
Board, may also conduct the hearing in the first instance. See
29 C.F.R. §§ 102.34, 102.50. ALJs are appointed by the
Board, 5 U.S.C. § 3105, and are removable by the Board
“only for good cause established and determined by the
Merit Systems Protection Board,” id. § 7521(a).
The Board is not bound by an ALJ’s findings or
conclusions. Once an ALJ has issued a report and
recommended order, the parties may file exceptions with the
Board. 29 U.S.C. § 160(c); 29 C.F.R. § 102.46. If no party
files exceptions, the ALJ’s recommended order becomes the
AMAZON.COM SERVICES, LLC V. NLRB 7
Board’s order. 29 U.S.C. § 160(c). Once the Board issues a
final decision, it may petition a federal court of appeals for
enforcement of the order. Id. § 160(e). Conversely, an
“aggrieved party” may petition a court of appeals to modify
or set aside the Board’s final order. Id. § 160(f).
B. Amazon’s Challenge
Amazon terminated its package-delivery contract with
Battle Tested Strategies (BTS) in April 2023, with a two-
month post-cancellation window in which BTS would
continue to deliver some Amazon packages. Shortly after the
cancellation, BTS recognized Teamsters Joint Council 42 as
the bargaining representative for its drivers and signed a
collective bargaining agreement with the union. The
Teamsters argued that Amazon and BTS were joint
employers and demanded that Amazon bargain with the
union, as the representative of BTS drivers. Amazon
declined and ceased contracting with BTS as scheduled.
The Teamsters filed various ULP charges against
Amazon with the Board. The Board’s General Counsel filed
a complaint based on those charges, alleging, in part, that
Amazon levied threats to discourage unionization, punished
those who unionized, and improperly refused to recognize
the Teamsters as a bargaining representative. Amazon then
sued the Board in this action seeking injunctive and
declaratory relief establishing that the statutory restrictions
on the President’s ability to remove the Board members and
ALJs are unconstitutional. Amazon also moved for a
preliminary injunction seeking to prevent the administrative
proceeding from going forward. The Teamsters moved to
intervene to protect the delivery drivers’ interests and file an
opposition to Amazon’s motion for a preliminary injunction.
8 AMAZON.COM SERVICES, LLC V. NLRB
The district court granted the motion, authorizing the
Teamsters to “fully participate in this action as a full party.”
The district court denied Amazon’s motion for a
preliminary injunction to halt the Board proceedings. It held
that the Norris-LaGuardia Act displaced the court’s
jurisdiction to issue an injunction because this case involves
a labor dispute. The district court also concluded that, even
if it had jurisdiction, Amazon had not proven that it would
suffer any irreparable harm from the asserted unlawful
removal restrictions. This appeal followed.
After oral argument on August 14, 2025, we ordered the
parties to file supplemental briefs addressing the Fifth
Circuit’s decision in Space Exploration Technologies Corp.
v. NLRB (SpaceX), 151 F.4th 761 (5th Cir. 2025), which was
issued on August 19. We also denied Amazon’s second
emergency motion for a stay of the administrative
proceedings pending appeal.
II. DISCUSSION
The Norris-LaGuardia Act removes the power of federal
courts to issue injunctive relief in cases “involving or
growing out of a labor dispute.” 29 U.S.C. § 101. Whether
this Act applies is a question of law that we review de novo.
BNSF v. Int’l Bhd. of Teamsters Loc. 174, 203 F.3d 703, 707
(9th Cir. 2000) (en banc), as amended (Mar. 8, 2000).
The issue before us is a matter of statutory interpretation.
So “we start where we always do: with the text of the
statute.” Van Buren v. United States, 593 U.S. 374, 381
(2021). The Norris-LaGuardia Act provides that “[n]o court
of the United States . . . shall have jurisdiction to issue
any . . . temporary or permanent injunction in a case
involving or growing out of a labor dispute.” 29 U.S.C.
AMAZON.COM SERVICES, LLC V. NLRB 9
§ 101. The Act defines a “labor dispute” as “any controversy
concerning terms or conditions of employment, or
concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to
arrange terms or conditions of employment.” Id. § 113(c). It
also explains:
A case shall be held to involve or to grow out
of a labor dispute when the case involves
persons who are engaged in the same
industry, trade, craft, or occupation; or have
direct or indirect interests therein; or who are
employees of the same employer; or who are
members of the same or an affiliated
organization of employers or employees;
whether such dispute is (1) between one or
more employers or associations of employers
and one or more employees or associations of
employees; (2) between one or more
employers or associations of employers and
one or more employers or associations of
employers; or (3) between one or more
employees or associations of employees and
one or more employees or associations of
employees; or when the case involves any
conflicting or competing interests in a “labor
dispute” (as defined in this section) of
10 AMAZON.COM SERVICES, LLC V. NLRB
“persons participating or interested” therein
(as defined in this section).
Id. § 113(a) (emphasis added). 1
The Board and the Teamsters argue that this case grows
out of a labor dispute because Amazon brought a
constitutional challenge in district court only after the Board
decided to prosecute ULP claims against Amazon that the
Teamsters initially raised. They further contend that § 113(a)
establishes separate specifications for the pending case and
the underlying labor dispute. The pending case must involve
the “persons” identified in the first part of § 113(a), and the
underlying labor dispute must fall within the three numbered
descriptions in the second part. Applying this understanding,
the Board and the Teamsters reason that because this case
involves “an affiliated organization of . . . employees” (the
Teamsters) and because the underlying labor dispute is
between an “employer[] . . . and [an] . . . association[] of
employees” (Amazon and the Teamsters), both aspects of
§ 113(a) are satisfied. Id.
Amazon, on the other hand, argues that its constitutional
challenges to the Board and its proceedings are too far
removed from a labor dispute to trigger the Norris-
LaGuardia Act’s jurisdictional limitation. Adopting
wholesale the Fifth Circuit’s recent analysis in SpaceX,
Amazon contends that the Act does not apply because
(1) this is not an action between Amazon and its employees,
(2) the parties here are not “engaged in the same industry,
1
There are a few statutory and judicial exceptions to the Norris-
LaGuardia Act under which federal courts may still issue injunctions.
See 29 U.S.C. § 107; Reuter v. Skipper, 4 F.3d 716, 720 (9th Cir. 1993).
Amazon does not raise any of these exceptions here.
AMAZON.COM SERVICES, LLC V. NLRB 11
trade, craft, or occupation,” id. § 113(b), and (3) its
constitutional claims do not relate to the “terms or conditions
of employment,” id. § 113(c).
We agree that § 113(a) imposes separate requirements
related to the pending case and the underlying labor dispute.
In defining when a case “involves or grows out of a labor
dispute,” this provision first defines “case,” identifying four
categories of cases based on the “persons” involved. 29
U.S.C. § 113(a). It then identifies the potential party
configurations of the underlying “dispute.” Id. And it ends
by identifying a final category of “case” based not on the
“persons” involved but rather the existence of “conflicting
or competing interests in a ‘labor dispute.’” Id.
“When Congress uses ‘one term in one place, and a
materially different term in another, the presumption is that
the different term denotes a different idea.’” FDA v. R.J.
Reynolds Vapor Co., 606 U.S. 226, 238–39 (2025) (quoting
Antonin Scalia & Bryan A. Garner, Reading Law: The
Interpretation of Legal Texts 170 (1st ed. 2012)). Amazon’s
proposed reading of the Act, and the one adopted by the Fifth
Circuit, flouts this rule by ignoring the different statutory
descriptions for the case and the underlying dispute. See
SpaceX, 151 F.4th at 770 (noting that the definition of “labor
dispute” includes “any controversy concerning terms or
conditions of employment” but concluding the case
challenging removal protections for agency actors does “not
concern ‘terms or conditions of employment’”). This gloss
overlooks a common canon of statutory interpretation and
distorts the analysis. It is also at odds with the Third Circuit’s
recent decision in Spring Creek Rehabilitation & Nursing
Center LLC v. NLRB (Spring Creek), No. 24-3043, 2025 WL
3467537 (3d Cir. Dec. 3, 2025).
12 AMAZON.COM SERVICES, LLC V. NLRB
The plain text provides that the underlying labor dispute
must concern “terms or conditions of employment, or . . . the
association or representation of persons.” 29 U.S.C.
§ 113(c). The pending case need only “involve or . . . grow
out of” that dispute, it need not itself be a labor dispute. Id.
§ 113(a); accord id. § 101; see also Spring Creek, 2025 WL
3467537, at *3 (noting the distinction between the labor
dispute and the subject litigation). Thus, SpaceX’s reasoning
that the Norris-LaGuardia Act did not apply because a case
raising constitutional challenges to the Board’s structure did
not concern “terms or conditions of employment, or . . . the
association or representation of persons,” is inapt. Id.
§ 113(c); see 151 F.4th at 770.
Having established that § 113(a) imposes separate
mandates for the pending case and the underlying labor
dispute, we now consider whether they are met here.
A. The Case
As stated above, § 113(a)’s explication of case requires
one of two categories to be satisfied. The first category
centers on the status of the “persons” involved in the case:
“the case involves persons who are engaged in the same
industry, trade, craft, or occupation,” “who . . . have direct
or indirect interests [in the labor dispute],” “who are
employees of the same employer,” or “who are members of
the same or an affiliated organization of employers or
employees.” 29 U.S.C. § 113(a). The second category
centers on the interests involved: “the case involves any
conflicting or competing interests in a ‘labor dispute’ . . . of
‘persons participating or interested’ therein.” Id. Construing
§ 113, the Supreme Court reasoned that a case involves or
grows out of a labor dispute under the Act when the
“persons” identified are “involved on both sides of the case”
AMAZON.COM SERVICES, LLC V. NLRB 13
or when the case “‘involves any conflicting or competing
interests’ in a labor dispute of ‘persons’ who stand in any
one of several defined economic relationships.” 2 United
States v. United Mine Workers of Am., 330 U.S. 258, 275
(1947).
We also consider the meaning of “involves.” 29 U.S.C.
§ 113(a). “Involves” means “[t]o envelop within the folds of
some condition or circumstance” and “[t]o entangle (a
matter), to render intricate.” Involve, The Oxford English
Dictionary (1933) (parentheses in original); accord Involve,
Webster’s New International Dictionary (2d ed. 1934)
(defining involve as “to implicate; as to involve one in debt
or a crime; to be seriously involved” and “to contain by
implication; to require, as implied elements, antecedent
conditions, effect, etc.” (emphases omitted)). Thus, a case
must entangle or envelop the persons or interests described.
Section 113(a)’s case-related requirements are met here.
Amazon brought this action because it is an employer facing
ULP charges that will be adjudicated in Board proceedings.
And the Teamsters is a party in its capacity as the bargaining
representative for BTS drivers whose contract was
terminated by Amazon and the entity that initiated the ULP
allegations against Amazon. This case clearly “involves
2
The statute provides that the presentation of “conflicting or competing
interests in a ‘labor dispute’” must be of “‘persons participating or
interested’ [in the labor dispute].” 29 U.S.C. § 113(a). A person
“participating or interested in a labor dispute” is defined as a person or
association against whom “relief is sought” or who “is engaged in the
same industry, trade, craft, or occupation in which such dispute occurs,
or has a direct or indirect interest therein, or is a member, officer, or agent
of any association composed in whole or in part of employers or
employees engaged in such industry, trade, craft, or occupation.” Id.
§ 113(b).
14 AMAZON.COM SERVICES, LLC V. NLRB
persons who . . . have direct or indirect interests [in the
underlying labor dispute].” 29 U.S.C. § 113(a). Both
Amazon and the Teamsters are entangled in or implicated in
the issues to be decided here because Amazon’s
constitutional challenges concern the agency’s adjudication
of the ULP claims that the Teamsters initiated. By raising its
ULP allegations with the Board, the Teamsters availed itself
of its sole mechanism for vindicating its rights under the
NLRA. “Congress has entrusted to the Board exclusively the
prosecution of the [ULP] proceeding by its own complaint,
the conduct of the hearing, the adjudication and the granting
of appropriate relief.” Amalgamated Util. Workers v.
Consol. Edison Co. of N.Y., 309 U.S. 261, 265 (1940); see
also Spring Creek, 2025 WL 3467537, at *4 (holding a
constitutional challenge to the NLRB involved or grew out
of a labor dispute because the challenge “could not have
[been] brought . . . but for the underlying dispute”).
Amazon suggests that § 113 is not satisfied because it
did not name the Teamsters as a party to this lawsuit. We
disagree. “One who is not an original party to a lawsuit may
of course become a party by intervention . . . .” Karcher v.
May, 484 U.S. 72, 77 (1987). The Teamsters intervened
here, without objection from Amazon, and the district court
ordered that the Teamsters could “participate in this action
as a full party.” The Teamsters undoubtedly have a strong
interest in this case. See Spring Creek, 2025 WL 3467537,
at *4 n.4 (concluding that filing the initial ULP charge and
intervening in the challenge to the NLRB’s constitutional
authority gave the union a strong interest in the case). Thus,
we conclude that this case satisfies § 113(a)’s requirements.
AMAZON.COM SERVICES, LLC V. NLRB 15
B. The Labor Dispute
As already discussed, § 113 defines both the substantive
and procedural contours of a “labor dispute.” Subsection (c)
provides that a “‘labor dispute’ includes any controversy
concerning terms or conditions of employment, or
concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to
arrange terms or conditions of employment.” 29 U.S.C.
§ 113(c). And subsection (a) makes clear that “such dispute”
may take multiple forms. Id. § 113(a).
Here, the underlying Board proceeding obviously is a
labor dispute. It concerns the terms of employment and the
representation of the BTS drivers. Id. § 113(c). And the
dispute is “between one or more employers . . . and one or
more employees or associations of employees,” id.
§ 113(a)—namely, Amazon (as employer) and the
Teamsters (as the drivers’ bargaining representative). This
dispute satisfies § 113.
C. Amazon’s Counterarguments
Amazon makes several arguments for why this case does
not trigger the Norris-LaGuardia Act, none of which are
persuasive.
1.
Relying on SpaceX, Amazon argues that the Act does not
apply because “[t]his case involves a suit between Amazon
and the NLRB, not between Amazon and its employees.”
See SpaceX, 151 F.4th at 770 (holding the “suits” at issue
fell outside the Act because “they are not between the
Employers and their employees—they are between the
Employers and the NLRB”). This argument fails to
distinguish between the case-related and labor dispute-
16 AMAZON.COM SERVICES, LLC V. NLRB
related requirements. A controversy “between one or more
employers . . . and one or more employees or associations of
employees” is one of the forms of labor disputes that trigger
§ 113(a). The pending case does not itself have to be in this
form to “involve or . . . grow out of a labor dispute.” Again,
there is no reason to ignore the “well-established canon of
statutory interpretation that the use of different words . . .
demonstrates that Congress intended to convey a different
meaning for those words.” United States v. Lemus, 93 F.4th
1255, 1261 (9th Cir. 2024) (quoting SEC v. McCarthy, 322
F.3d 650, 656 (9th Cir. 2003)).
The statutory history further reinforces that the Act’s
application is not confined to lawsuits between employers
and employees. See Antonin Scalia & Bryan A. Garner,
Reading Law: The Interpretation of Legal Texts 256 (1st ed.
2012) (explaining that statutory history is “part of the
context of a statute”). In 1914, Congress passed the Clayton
Act, which prohibited injunctive relief in “any case between
an employer and employees” (and in cases involving similar
relationships). 29 U.S.C. § 52. The Norris-LaGuardia Act,
passed in 1932, expanded the Clayton Act’s bar on
injunctive relief to other types of cases arising out of labor
disputes. BNSF, 203 F.3d at 711 (noting it was “Congress’s
explicit intention[]” in passing the Norris-LaGuardia Act to
expand “labor dispute” beyond disputes involving an
employer and employee). The Fifth Circuit’s narrow reading
conflicts with Congress’s legislative judgment.
The Fifth Circuit also relied on history—legislative
history. It observed that “Congress passed the Act ‘in
response to federal-court intervention on behalf of
employers through the use of injunctive powers against
unions and other associations of employees.’” SpaceX, 151
F.4th at 770 (quoting Jacksonville Bulk Terminals, Inc. v.
AMAZON.COM SERVICES, LLC V. NLRB 17
Int’l Longshoremen’s Ass’n, 457 U.S. 702, 715 (1982)). And
from this, it concluded that “Congress was not aiming to bar
constitutional challenges to agency structure; it was
targeting judicial overreach against employees.” Id.
There are two problems with this reasoning. First, “the
will of Congress” is reflected in its legislative text, and we
undermine that will if we read the text “in a spirit of
mutilating narrowness.” United States v. Hutcheson, 312
U.S. 219, 235 (1941); see also Spring Creek, 2025 WL
3467537, at *6 (rejecting this aspect of SpaceX, and
declining “to read into the Act an exception that does not
exist”). Where the plain text is clear, “speculation about
what Congress may have intended matters far less than what
Congress actually enacted.” Medina v. Planned Parenthood
S. Atl., 606 U.S. 357, 381 (2025). Second, Amazon’s
requested injunction would impede union activities, the very
outcome the Act was enacted to prevent. As previously
discussed, the Teamsters availed itself of its sole mechanism
for vindicating its rights under the NLRA by presenting its
ULP allegations to the Board. See Amalgamated Util.
Workers, 309 U.S. at 264. Thus, enjoining the Board’s
adjudication of those issues would enjoin the Teamsters’
efforts to receive the labor protections afforded by Congress.
See generally Spring Creek, 2025 WL 3467537, at *6.
Precedent supports this conclusion. The Supreme Court
has construed the Norris-LaGuardia Act to cover cases other
than those between employer and employee. See, e.g., New
Negro All. v. Sanitary Grocery Co., 303 U.S. 552, 560–61
(1938) (reading the Act to “embrace controversies other than
those between employers and employees; between labor
unions seeking to represent employees and employers; and
between persons seeking employment and employers”);
Columbia River Packers Ass’n v. Hinton, 315 U.S. 143, 146
18 AMAZON.COM SERVICES, LLC V. NLRB
(1942) (“We recognize that by the terms of the statute there
may be a ‘labor dispute’ where the disputants do not stand in
the proximate relation of employer and employee.”). The
Fifth Circuit’s earlier decision in United Steelworkers of
America v. Bishop, 598 F.2d 408 (5th Cir. 1979), is also
instructive. In Bishop, a customer filed a replevin action
against a steel-fabrication plant when its order was not
completed due to a workers’ strike. Id. at 410. The customer
demanded that the plant return the unfabricated steel, and a
court issued an injunction compelling the plant to do so. Id.
at 410–11. The Fifth Circuit held that the court lacked
jurisdiction to issue the injunction, notwithstanding that the
lawsuit concerned a contract action between the customer
and plant. Id. at 414–15. “It is implicit, if not explicit, in [29
U.S.C. § 113] that a sufficient connection may exist between
a litigant not directly involved in the labor dispute and the
labor dispute itself that the case can be said to arise from the
labor dispute, even though the union itself is not directly
enjoined.” Id.
Amazon relies on Columbia River Packers for the
proposition that the present case involves a controversy
“upon which the employer-employee relationship has no
bearing.” 315 U.S. at 147. Columbia River Packers is
inapposite because it concerns what constitutes a “labor
dispute” under 29 U.S.C. § 113(c), whereas this case
concerns what constitutes a case that “involve[s] or . . .
grow[s] out of a labor dispute” under § 113(a).
At issue in Columbia River Packers was a fish
processor’s antitrust suit brought against an association of
independent fishermen. See 315 U.S. at 143–44. Although
the association called itself a union, its members were
fishermen who owned their boats and “carr[ied] on their
business as independent entrepreneurs, uncontrolled by the
AMAZON.COM SERVICES, LLC V. NLRB 19
[plaintiff processing company] or other processors.” Id. at
144–45. The association contracted with processors,
obliging the processors to purchase fish only from union
members and union members to sell only to contracted
processors. See id. at 145. The plaintiff processing company
refused to contract on these terms, and, given the
association’s control over the fish supply, was unable to
source enough fish for its business. See id. The Supreme
Court held that the Norris-LaGuardia Act was inapplicable
because the case involved “a dispute among businessmen
over the terms of a contract,” not a § 113 labor dispute. Id.
The fish sellers were not employees of the processors, did
not seek to be, and thus operated “free from such controls as
an employer might exercise.” Id. at 147. That is, the dispute
was a “controvers[y] upon which the employer-employee
relationship,” and consequently the Act, “ha[d] no bearing.”
Id.
Here, the existence of a labor dispute cannot reasonably
be contested. Indeed, Amazon does not dispute that the
charges pending before the Board are a labor dispute. Rather,
Amazon argues that the relationship between the claims
raised here and that underlying dispute is too attenuated to
say that this case “involv[es] or grow[s] out of [that] labor
dispute.” 29 U.S.C. § 101. Amazon also suggests that it
cannot be said that this case grows out of a labor dispute
because Amazon has raised constitutional challenges.
The latter point is foreclosed by precedent. See Reuter v.
Skipper, 4 F.3d 716, 719 (9th Cir. 1993) (“reject[ing]”
plaintiff’s argument that “because her action [was] founded
upon an alleged constitutional violation . . . her case [was]
not a ‘labor dispute’” under the Act); see also Spring Creek,
2025 WL 3467537, at *6 (recognizing the Act’s “anti-
injunction provisions . . . serve the broader goal of
20 AMAZON.COM SERVICES, LLC V. NLRB
preventing judicial interference in management-labor
relations” and that “Congress has not exempted challenges
to agency structure from the Act’s ambit” (citation
modified)). The constitutional nature of Amazon’s claims is
not determinative. The former point also fails. Returning to
Bishop, the Fifth Circuit faulted the district court for only
superficially examining the contract suit without
recognizing that a labor dispute was the underlying cause of
the contractual controversy. 598 F.2d at 415; see also Loc.
1814, Int’l Longshoremen’s Ass’n v. N.Y. Shipping Ass’n,
965 F.2d 1224, 1235 (2d Cir. 1992) (recognizing that RICO
disputes can be labor disputes, and “the categories are not
mutually exclusive”). So too here. Amazon’s constitutional
challenges concern the Board’s power to adjudicate the labor
dispute that exists between Amazon and the Teamsters.
Indeed, Amazon acknowledges that “[t]his lawsuit was
sparked by” those proceedings.
In sum, Amazon’s assertion that this case does not
involve a labor dispute because the controversy presented is
not directly between employer and employee or has no
bearing on the employer-employee relationship is
unpersuasive.
2.
Amazon also argues that the Act does not apply because
“[t]his case does not involve parties ‘engaged in the same
industry, trade, craft, or occupation’ because it is a suit
between Amazon and [the Board].” We need not wrestle
long with this point because § 113(a) provides multiple
categories of cases that grow out of a labor dispute, and a
“case involv[ing] persons who are engaged in the same
industry, trade, craft, or occupation” is only one of them. 29
U.S.C. § 113(a). Where we conclude that one of the other
AMAZON.COM SERVICES, LLC V. NLRB 21
statutory categories applies, we need not address this
alternative category.
3.
Finally, Amazon urges us to adopt SpaceX’s application
of the Thunder Basin factors. See SpaceX, 151 F.4th at 771
(discussing Thunder Basin Coal Co. v. Reich, 510 U.S. 200
(1994)). The Thunder Basin inquiry arises when Congress
enacts a statutory-review scheme of agency action that
implicitly divests district courts of jurisdiction. See 510 U.S.
at 207. Typically, Congress does so by providing for direct
judicial review of administrative action in the courts of
appeals. Axon Enter., Inc. v. FTC, 598 U.S. 175, 185 (2023).
In this context, courts ask “whether the particular claims
brought were ‘of the type Congress intended to be reviewed
within this statutory structure.’” Id. at 186 (quoting Thunder
Basin, 510 U.S. at 212). In other words, the Thunder Basin
inquiry probes whether an alternative review scheme for
some claims covers all claims arising out of the subject
agency action. See id. at 185.
In SpaceX, the Fifth Circuit held that even if the Norris-
LaGuardia Act’s “plain text [was] not dispositive,” suits
involving constitutional challenges to the Board “would still
fall within the district courts’ jurisdiction” under Thunder
Basin. SpaceX, 151 F.4th at 771. That invocation of Thunder
Basin was misplaced. The question is not whether the
Norris-LaGuardia Act implicitly divests courts of
jurisdiction over a type of claim. It is whether the explicit
text of the Act bars jurisdiction to issue injunctions. That
question is answered by the text, not by Thunder Basin. See
Babb v. Wilkie, 589 U.S. 399, 413 (2020) (“[W]here, as here,
the words of a statute are unambiguous, the ‘judicial inquiry
is complete.’” (alteration omitted) (quoting Desert Palace,
22 AMAZON.COM SERVICES, LLC V. NLRB
Inc. v. Costa, 539 U.S. 90, 98 (2003))); see also Spring
Creek, 2025 WL 3467537, at *6 n.6 (“The Thunder
Basin factors are [] off point in addressing the jurisdictional
question here.”).
Both Free Enterprise Fund v. Public Co. Accounting
Oversight Board and Axon recognize that Congress’s
explicit words control—even where Thunder Basin might
otherwise apply. See Free Enter. Fund, 561 U.S. 477, 489
(2010) (applying Thunder Basin because the text did “not
expressly limit the jurisdiction that other statutes confer on
district courts”); Axon, 598 U.S. at 185 (noting that Congress
may explicitly substitute an alternative review scheme); see
also Axon, 598 U.S. at 208 (Gorsuch, J., concurring in
judgment) (explaining that Thunder Basin “defies” or
“[m]aybe worse . . . exhibits familiarity with none” of the
text-first principles of statutory interpretation). These cases
also emphasize that Thunder Basin is about the power of
judicial review in the district court—not the power of the
judiciary as a whole. See Axon, 598 U.S. at 185–86; see also
Free Enter. Fund, 561 U.S. at 489. Indeed, the Norris-
LaGuardia Act’s administrative-review scheme likely would
not preclude this suit from being heard in district court. See
Axon, 598 U.S. at 189–96 (applying the Thunder Basin
factors to conclude that similar challenges to removal
protections for Federal Trade Commission and Securities
and Exchange Commission ALJs could proceed in federal
court). Ultimately, the subject matter of this case may be
reviewable, but federal courts nonetheless lack the power to
grant the injunctive relief that Amazon sought.
III. CONCLUSION
In the split between the Third and Fifth Circuits, we
agree with the Third Circuit. “Federal courts are courts of
AMAZON.COM SERVICES, LLC V. NLRB 23
limited jurisdiction. [We] possess only that power
authorized by Constitution and statute, which is not to be
expanded by judicial decree.” Kokkonen v. Guardian Life
Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted);
accord Turner v. Bank of N. Am., 4 U.S. (4 Dall.) 8, 10
(1799). Subject to exceptions not at issue here, Congress
displaced the federal judiciary’s power to issue injunctive
relief in cases “involving or growing out of a labor dispute.”
29 U.S.C. § 101. This case comes within the definition of
such limitation, to which the district court properly adhered
by denying Amazon’s motion for a preliminary injunction.
AFFIRMED.
Plain English Summary
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AMAZON.COM SERVICES, LLC; No.
Key Points
01FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AMAZON.COM SERVICES, LLC; No.
02TEAMSTERS AMAZON OPINION NATIONAL NEGOTIATING COMMITTEE, Intervenor - Appellee, NATIONAL LABOR RELATIONS BOARD, a federal administrative agency; MARVIN E.
03KAPLAN, in his official capacity as the Chairman of the National Labor Relations Board; DAVID M.
04PROUTY, in their official capacity as Member of the National Labor Relations Board; WILLIAM COWEN, in his official capacity as Acting General Counsel of the National Labor Relations Board; J.
Frequently Asked Questions
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AMAZON.COM SERVICES, LLC; No.
FlawCheck shows no negative treatment for amazon.com Services, LLC v. National Labor Relations Board in the current circuit citation data.
This case was decided on December 29, 2025.
Use the citation No. 10766012 and verify it against the official reporter before filing.