[US] Amazon wants to overturn union win claiming tainted vote

E-commerce giant Amazon is seeking to overturn the recent historic union victory at one of its New York City warehouses, arguing in an April 8 legal filing that union organisers and the National Labor Relations Board acted in a way that tainted the results. The company wants to redo the election, NBC Washington reports. 

Amazon listed 25 objections in the filing obtained by The Associated Press. It is accusing organisers of the recently formed Amazon Labor Union of intimidating workers to vote for the union.

An attorney representing the group reportedly called the claim “patently absurd.”

“The employees have spoken,” attorney Eric Milner said in a statement on April 7 after Amazon's initial planned objections were made public in another legal filing.

“Amazon is choosing to ignore that, and instead engage in stalling tactics to avoid the inevitable; coming to the bargaining table and negotiating for a contract” on behalf of the workers, he said.

Warehouse workers in Staten Island cast 2,654 votes (about 55 per cent) in favour of a union, giving the fledgling group enough support to secure a victory.

In one objection, Amazon said organisers “intentionally created hostile confrontations in front of eligible voters,” by interrupting the mandatory meetings the company held to persuade its employees to reject the union drive. In a filing released earlier this month, the company disclosed that it spent about $4.2 million on labour consultants in 2021.

In another objection, Amazon targeted organisers’ distribution of cannabis to workers, saying the labour board “cannot condone such a practice as a legitimate method of obtaining support for a labour organisation." 

New York legalised the recreational use of marijuana last year for those over 21. Mr Milner - representing the union - said Amazon is grasping at straws.

Distributing cannabis “is no different than distributing free t-shirts and it certainly did not act to interfere with the election," he said.

The company also accused organisers of improperly polling workers.

Amazon had initially signalled it planned to challenge the election results because of a lawsuit the NLRB filed in March, in which the board sought to force the company to reinstate a fired employee who was involved in the union drive.

Amazon highlighted the lawsuit in one of its objections filed on April 8, saying the regional NLRB office that brought the suit “failed to protect the integrity and neutrality of its procedures” and had created an impression of support for the union by seeking reinstatement for the former employee, Gerald Bryson.

Kelly Nantel - an Amazon spokesperson - said in a statement on Friday, “Based on the evidence we’ve seen so far, as set out in our objections, we believe that the actions of the NLRB and the ALU improperly suppressed and influenced the vote, and we think the election should be conducted again so that a fair and broadly representative vote can be had." 

Mr Bryson was reportedly fired in the early days of the pandemic after he led a protest calling for the company to do more to protect workers against COVID-19. While off the job during the protest, Mr Bryson got into a dispute with another worker and was later fired for violating Amazon’s vulgar-language policy, according to his attorney Frank Kearl.

The NLRB did not immediately respond to a request for comment. Its spokesperson, Kayla Blado, has previously said the independent agency is authorised by Congress to enforce the National Labor Relations Act.

“All NLRB enforcement actions against Amazon have been consistent with that Congressional mandate,” she said.

Among its other objections, Amazon targeted how the labour agency conducted the election. It said the agency failed to control media presence around the voting area and didn't have enough staff and equipment, which the company says created long lines and “discouraged many employees from voting in subsequent polling sessions.”

Meanwhile, both Amazon and the Retail, Wholesale and Department Store Union, a union that spearheaded a separate union drive in Bessemer, Alabama, have filed objections to that election. The final outcome of the union vote in Alabama has yet to be determined with 416 outstanding challenged ballots in the balance. Initial results show the union down by 118 votes, with the majority of Amazon warehouse workers rejecting a bid to unionise.

RWDSU has filed more than 20 objections and said in its filing on April 7 that its objections are “grounds to set the election aside.”

A hearing to review the challenged ballots is expected to begin in the coming weeks.

Source: NBC Washington

(Quotes via original reporting)

E-commerce giant Amazon is seeking to overturn the recent historic union victory at one of its New York City warehouses, arguing in an April 8 legal filing that union organisers and the National Labor Relations Board acted in a way that tainted the results. The company wants to redo the election, NBC Washington reports. 

Amazon listed 25 objections in the filing obtained by The Associated Press. It is accusing organisers of the recently formed Amazon Labor Union of intimidating workers to vote for the union.

An attorney representing the group reportedly called the claim “patently absurd.”

“The employees have spoken,” attorney Eric Milner said in a statement on April 7 after Amazon's initial planned objections were made public in another legal filing.

“Amazon is choosing to ignore that, and instead engage in stalling tactics to avoid the inevitable; coming to the bargaining table and negotiating for a contract” on behalf of the workers, he said.

Warehouse workers in Staten Island cast 2,654 votes (about 55 per cent) in favour of a union, giving the fledgling group enough support to secure a victory.

In one objection, Amazon said organisers “intentionally created hostile confrontations in front of eligible voters,” by interrupting the mandatory meetings the company held to persuade its employees to reject the union drive. In a filing released earlier this month, the company disclosed that it spent about $4.2 million on labour consultants in 2021.

In another objection, Amazon targeted organisers’ distribution of cannabis to workers, saying the labour board “cannot condone such a practice as a legitimate method of obtaining support for a labour organisation." 

New York legalised the recreational use of marijuana last year for those over 21. Mr Milner - representing the union - said Amazon is grasping at straws.

Distributing cannabis “is no different than distributing free t-shirts and it certainly did not act to interfere with the election," he said.

The company also accused organisers of improperly polling workers.

Amazon had initially signalled it planned to challenge the election results because of a lawsuit the NLRB filed in March, in which the board sought to force the company to reinstate a fired employee who was involved in the union drive.

Amazon highlighted the lawsuit in one of its objections filed on April 8, saying the regional NLRB office that brought the suit “failed to protect the integrity and neutrality of its procedures” and had created an impression of support for the union by seeking reinstatement for the former employee, Gerald Bryson.

Kelly Nantel - an Amazon spokesperson - said in a statement on Friday, “Based on the evidence we’ve seen so far, as set out in our objections, we believe that the actions of the NLRB and the ALU improperly suppressed and influenced the vote, and we think the election should be conducted again so that a fair and broadly representative vote can be had." 

Mr Bryson was reportedly fired in the early days of the pandemic after he led a protest calling for the company to do more to protect workers against COVID-19. While off the job during the protest, Mr Bryson got into a dispute with another worker and was later fired for violating Amazon’s vulgar-language policy, according to his attorney Frank Kearl.

The NLRB did not immediately respond to a request for comment. Its spokesperson, Kayla Blado, has previously said the independent agency is authorised by Congress to enforce the National Labor Relations Act.

“All NLRB enforcement actions against Amazon have been consistent with that Congressional mandate,” she said.

Among its other objections, Amazon targeted how the labour agency conducted the election. It said the agency failed to control media presence around the voting area and didn't have enough staff and equipment, which the company says created long lines and “discouraged many employees from voting in subsequent polling sessions.”

Meanwhile, both Amazon and the Retail, Wholesale and Department Store Union, a union that spearheaded a separate union drive in Bessemer, Alabama, have filed objections to that election. The final outcome of the union vote in Alabama has yet to be determined with 416 outstanding challenged ballots in the balance. Initial results show the union down by 118 votes, with the majority of Amazon warehouse workers rejecting a bid to unionise.

RWDSU has filed more than 20 objections and said in its filing on April 7 that its objections are “grounds to set the election aside.”

A hearing to review the challenged ballots is expected to begin in the coming weeks.

Source: NBC Washington

(Quotes via original reporting)