SpaceX labour fight shows how jurisdictional lines matter for Canadian HR in emerging industries
When it comes to space, which employment laws apply? That question has been in the spotlight recently with SpaceX feuding with the U.S. National Labor Relations Board (NLRB).
The very public battle dates back to 2022, when the company fired eight engineers who helped draft and circulate an open letter criticizing Elon Musk’s conduct and calling for stronger workplace standards. The letter prompted unfair labour practice charges at the NLRB, and for the next two years, SpaceX aggressively challenged the board's authority and the constitutionality of its structure in federal court.
SpaceX won a key ruling in August 2025 when the Fifth Circuit court found the board’s setup was likely unlawful and securing an order blocking enforcement actions against the company. A more recent decision by the National Mediation Board cements that finding, concluding that SpaceX’s engineers fall under its jurisdiction rather than the NLRB’s.
While Canadian employers might not have to worry about outer space, questions still arise when it comes to which jurisdiction applies across the country.
"The default function is that employment law is something that's dealt with at the local level, at the provincial level, unless it's specifically carved out and given to the federal jurisdiction," says Ian Campbell, partner at Faskenn.
However, this isn’t set in stone, he says; as industries grow and contract...
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