On November 5th a National Labor Relations Board administrative law judge (“ALJ”) ordered a third union vote for Amazon warehouse workers located in Bessemer, Alabama. The ALJ determined Amazon illegally influenced the election, nullifying the result.
The ALJ found Amazon committed six violations during the campaign. These violations involved surveilling employees’ union related activities, threatening to close the plant in the event of unionization, illegally interrogating employees about union related topics, and illegally removing union materials. Collectively, this “prevented the holding of a fair election” and warranted a third vote.
In 2021, Bessemer, Alabama was the first Amazon fulfillment center to host a warehouse wide union election. The National Labor Relations Board (NLRB) found illegal interference by Amazon, and ordered a re-election. The second election appeared to be in Amazon’s favor as workers voted 993 to 875 against joining the Retail, Wholesale and Department Store Union (RWDSU), however these figures do not include hundreds of challenged ballots. And of course, the ALJ found Amazon’s conduct illegal and set aside this election.
Neither party was satisfied with the ALJ’s decision and both Amazon and the RWDSU plan to appeal. RDSWU President, Stuart Appelbaum, agreed with the decision but felt it did not go far enough saying “significant and meaningful remedies” were required to prevent continued election interference from Amazon. The ALJ did not grant the union’s request that they receive access to private meetings between workers and Amazon representatives as well as training for Amazon supervisors on labor regulations.
Amazon spokesperson Mary Kate Paradis strongly disagreed saying, “our team at BHM1 has already made their choice clear, twice that they don’t want a Union. This decision is wrong on the facts and the law.”
It is likely the third vote will not come until the court hears the appeals. If a rerun election is ordered again, this will be the third vote since 2021 and would be a significant blow to the retail giant if it goes the Union’s way. Only one Amazon fulfillment center in the US has voted to join a union – JFK8 in Staten Island. JFK8 voted to join the Amazon Labor Union in 2022. Amazon still disputes that result and has yet to bargain with the union or even recognize it as the employees’ representative.
Brody and Associates regularly advises its clients on all labor management issues, including union-related matters, and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
