Amazon said it plans to appeal the official certification of its workers attempts at unionization in New York by the federal government’s labor relations board.
Regional director Cornele Overstreet of the National Labor Relations Board (NRLB) upheld an Amazon warehouse union’s victory in New York City in her decision on Jan. 11.
The Amazon Labor Union (ALU) celebrated the labor board director’s ruling in a tweet. “We’re ecstatic right now,” said ALU interim president Chris Smalls, stating that “this is very historic for workers.”
Smalls, who was fired by Amazon, was the union’s co-founder.
The e-commerce retailer attempted to overturn the ALU’s win at its JFK8 facility in Staten Island, New York back in April 2022.
The certification is the first step toward forcing the online retail giant to having to bargain with its workers via a contract.
The news comes after Amazon announced that it would lay off more than 18,000 staff last week due to economic uncertainty in 2023.
“We knew it was unlikely that the NLRB regional office would rule against itself, and intend to appeal,” Amazon spokeswoman Kelly Nantel said in a press statement.
“As we’ve said since the beginning, we don’t believe this election process was fair, legitimate or representative of the majority of what our team wants,” she added, explaining that the company will make an appeal.
Amazon Unionization Movement Gains Momentum
This is the first time that employees at an Amazon facility in the United States have decided to unionize the history of the company after demanding higher pay and job security.
Labor organizers have been critical of practices such as productivity tracking at the warehousing facilities.
At least 55 percent of the 8,000 employees eligible to vote for unionization last March had opted in favor of joining the union, with 58 percent turnout.
Amazon attempted to slow the ALU’s efforts, with workers at two different facilities in New York rejecting unionization since.
The union lost two subsequent elections by wide margins, one at a smaller facility across the street from the original warehouse and a second one at a site outside Albany, New York.
Meanwhile, the company objected to an unethical conflict of interest between the labor board and the union.
The retailer argued that the NRLB violated its own rules, as a labor board official proceeding over the matter, seemingly implied that the government agency was endorsing the ALU in its ruling.
The NLRB regional director decision overruled Amazon’s objections, with her decision largely in line with an NLRB hearing officer’s recommendations in 2022.
Online Retail Giant Will Appeal Labor Board’s Ruling
Amazon was given the option to appeal the decision to a larger NRLB review panel or start negotiating with its employees in Staten Island.
The online giant will be appealing the ruling to labor board members in Washington, where pro-labor Democrats hold a majority.
If it loses that appeal, the company could simply refuse to negotiate with the union, which would set in motion another round of complaints and appeals that could last months or even years.
Even if there is no collective bargaining agreement, the official certification provides workers with rights, such as the ability to bring a witness to meetings, which could lead to discipline, and prohibits the company from unilaterally changing working conditions without consent, ALU attorney Seth Goldstein told Bloomberg.
Smalls urged Amazon to start negotiating with his union, referring to the latest decision.
“If they’re a good company, and in good faith, and they listen to their workers, and their workers are asking them to come to the table, then they should come to the table,” reported Bloomberg. “But that’s still to be determined. Whatever move they make, we’ll have a move to make as a counter.”
A separate attempt by the Retail, Wholesale and Department Store Union in Bessemer, Alabama, is seeking to organize workers at an Amazon warehouse there.
The NRLB determined that Amazon’s behavior at a 2021 unionization in Bessemer made a fair election impossible and that a second attempt at a vote hinges on contested ballots.
Reuters contributed to this report.
Bryan S. Jung is a native and resident of New York City with a background in politics and the legal industry. He graduated from Binghamton University.
