Amazon and its consultants have been found to have violated federal labor law by engaging in interrogations, threats, and racial disparagement of organizers seeking to unionize a Staten Island warehouse, according to a ruling by a National Labor Relations Board (NLRB) judge. The judge, Lauren Esposito, determined that Amazon committed multiple violations at its JFK8 warehouse between May and October 2021. This period coincided with increased organizing activities, leading to the first unionized Amazon facility in the U.S., the Amazon Labor Union (ALU).
Alleged Violations
Employees at JFK8 voted to join ALU in April 2022, but negotiations for a contract with Amazon have been ongoing since then. After almost a year of virtual hearings, the NLRB judge found that Amazon confiscated organizing pamphlets, conducted surveillance of organizing activities, and retaliated against an employee supporting the union at a neighboring facility. The judge concluded that Amazon had broken labor laws when it retaliated against a worker who helped the league by altering his work assignments and sending him home early at a nearby facility. Packages were sorted by the worker, Daequan Smith, at DYY6, a delivery station located across the street from JFK8.
Workers Interrogation
The ruling also highlighted a violation of labor laws when a consultant hired by Amazon, Bradley Moss, allegedly threatened employees, discouraging them from voting to join ALU. Such "union avoidance" consultants are commonly employed by companies as "persuaders" to dissuade workers from unionizing. According to a Huffington Post report in March, the company spent $14 million on anti-union consultants in 2022, citing disclosure forms filed with the Department of Labor. The ruling requires Amazon to post notices at its JFK8 and DYY6 facilities, reminding workers of their rights and compensating affected employees for any loss of earnings and benefits.
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Additionally, the judgment revealed an exchange where the consultant, Moss, allegedly referred to the union campaign in Bessemer, Alabama, as not a "serious union drive" but a "Black Lives Matter protest about social injustice." This comment and other violations underscore the challenges surrounding Amazon's labor practices, which have faced increased scrutiny amid growing union organizing efforts.
Amazon Under Spotlight
Moss or an Amazon representative did not immediately answer a request for comment.
In April 2021, BHM1 employees cast ballots opposing union membership in the Retail, Wholesale, and Department Store Union; however, the election results were voided when the NLRB discovered that Amazon had improperly manipulated the vote. Although there was a rerun election last year, the results are still too close to call.
According to the NLRB, Amazon has been under the spotlight for its labor practices and conduct around union elections, with 240 open or settled unfair labor practice charges across 26 states. The company has also clashed with Chris Smalls, a former Amazon employee and one of the leaders of ALU. A leaked memo obtained by Vice revealed David Zapolsky, Amazon's general counsel, had referred to Smalls, a Black man, as "not smart or articulate." It recommended making him "the face" of efforts to organize workers.
Amazon continues to contest the JFK8 election results, the union's actions during the drive, and the NLRB. The organization maintained the election results in January.
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