Amazon Says NY Union-Busting Accusations ‘Completely Without Merit’

Glenn Taylor
·4 min read
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Amazon could be in hot water after a federal labor agency accused the e-tail behemoth of union-busting tactics that may have interfered with last year’s failed unionization vote at a warehouse near Albany, N.Y.

The National Labor Relations Board‘s (NLRB) complaint claims the e-commerce giant violated federal law by calling the police on off-duty employees and non-employee union organizers, restricting discussions about organizing during work and holding “captive audience” meetings at the “ALB1” facility located in Castleton-on-Hudson, N.Y. These kinds of gatherings aim to discourage union activity, according to the agency.

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The complaint, filed by the agency’s regional director in Buffalo, N.Y., also alleges that Amazon restricted worker access to non-work areas, stopped people from displaying pro-union signage and terminated activist employee Andre Beaupre in the lead-up to the vote.

An Amazon rep dismissed the claims, saying they lack “merit.”

“These allegations are completely without merit and we look forward to showing that through the legal process,” said Amazon spokesperson Mary Kate Paradis. “Dozens of charges filed at ALB1 have already been dismissed by the NLRB, and we look forward to having these allegations dismissed as well.”

The Amazon Labor Union (ALU), the grassroots organization representing the workers and its affiliates filed 38 unfair labor practice charges during its campaign at ALB1. The NLRB regional office dismissed, or withdraw part or all of 31 of the charges.

“Region 3’s sweeping complaint against Amazon sends a strong message that their labor violations at ALB1 are unacceptable and that the National Labor Relations Board will take strong action against these unlawful practices,” said Seth Goldstein, an attorney for the Amazon Labor Union (ALU).

A hearing with an NLRB administrative law judge hasn’t been scheduled yet.

Employees at the warehouse voted 406-206 against forming a union last October, months after workers at the “JFK8” warehouse in Staten Island, N.Y. voted to organize into the company’s first U.S. union. The Staten Island employees are still without a contract after Amazon challenged the results (the NLRB upheld the vote) and has since refused to negotiate with the ALU.

Just last month, the NLRB said it found merit to the charges that Amazon violated labor laws by refusing to bargain with the ALU.

Sourcing Journal reached out to the ALU for comment.

Goldstein welcomed the agency’s suggestions that the warehouse general manager be required to read a notice about the workers’ rights out loud. Other recommended remedies include giving the union access the company bulletin board and equal time to talk to employees during work by holding more captive audience meetings.

“This step is important in order to protect the rights of the warehouse workers and to ensure that they are being treated fairly,” Goldstein told Sourcing Journal.

The NLRB also asked Amazon to reinstate Beaupre with an apology letter and give him backpay for money owed since he was let go in August last year.

The filing did not reveal specifics about Beaupre’s discharge beyond stating that he “assisted the union and engaged in concerted activities.”

Amazon has previously re-hired terminated workers involved in employee organization efforts. In June, Amazon dismissed Jennifer Bates, who spearheaded a failed unionization campaign at a warehouse in Bessemer, Ala., before reinstating her two weeks later after a successful appeal.

That firing occurred after Bates suffered injuries at work and took workers’ compensation leave, though Amazon claimed she did not respond or provide documentation to excuse several of her absences. Amazon acknowledged that it could have been clearer on the necessary steps Bates had to take, which was the basis for why she is being reinstated.

Two other Amazon facilities, a second Staten Island warehouse and the Bessemer location, both have voted against unionizing.

Across the board, this year’s “#hotunionsummer” came after the labor board stepped up complaints and union petitions soared. From Oct. 1-March 31, unfair labor practice charges and union representation petitions filed at the NLRB’s 48 field offices increased 14 percent year over year to 10,792 cases. For the full fiscal year prior, total cases increased 23 percent to 20,498.

The NLRB’s complaint against Amazon is not a ruling. It means that the regional office investigated the charge, found sufficient evidence supporting the charge, gave the parties the opportunity to settle and they didn’t, and will now litigate the case with an NLRB administrative law judge.

Complaints issued by NLRB regional directors are considered by agency judges, whose rulings can be appealed to labor board members in Washington, D.C., and from there into federal appeals court. The agency lacks authority to make companies pay punitive damages for violations or hold executives personally liable for wrongdoing.

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