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In Thursday’s lawsuit, Amazon argues that the labor board “interfered with employee voters’ free and fair choice” by suing the company. (Photo: Shutterstock)
Amazon.com Inc. filed a lawsuit against the U.S. Labor Commission on Thursday, alleging that the company illegally interfered in a union election at its New York City warehouse and that its unionization violated the U.S. Constitution.
The lawsuit, filed in federal court in San Antonio, Texas, aims to block the National Labor Relations Board from ruling on a case that could force Amazon to negotiate with a union that wins the 2022 election at its Staten Island warehouse.
The labor board upheld the election results last week, rejecting Amazon’s claims that they were tainted by demonstrations by workers and union organizers and that board officials who oversaw the vote were biased in favor of the union.
Amazon’s lawsuit alleges that the board’s internal enforcement procedures violate the constitutional separation of powers and the company’s right to a jury trial.
About 20 companies, including rocket maker SpaceX, Starbucks and Trader Joe’s, have made similar claims to the commission in pending litigation or administrative proceedings.
Amazon did not immediately respond to a request for comment, and an NLRB spokesman declined to comment.
The election at the Amazon warehouse, known as JFK8, is the first and so far only successful unionization drive in the company’s history.
Workers at two other Amazon warehouses in New York and one in Alabama subsequently voted against joining the Amazon Workers Union, which recently affiliated with the International Brotherhood of Teamsters.
The NLRB has issued numerous complaints accusing Amazon of engaging in illegal union-busting tactics.
During these campaigns, Amazon engaged in wrongdoing, including firing and threatening union supporters, holding coercive anti-union rallies, and refusing to negotiate with the Staten Island union. Amazon denies allegations of wrongdoing.
That includes a rare lawsuit filed by the labor board in New York federal court on the eve of the Staten Island election, accusing Amazon of illegally firing pro-union workers. In Thursday’s lawsuit, Amazon argues that the labor board “interfered with the free and fair choice of employee voters” by suing the company.
Amazon’s lawsuit also argues that the NLRB’s five commissioners, who are appointed by the president, are improperly protected from arbitrary removal and that the board’s unique structure, which allows it to act as prosecutor, judge and jury in certain cases, violates the U.S. Constitution.
Jennifer Abruzzo, the NLRB’s general counsel appointed by Democratic President Joe Biden, said the allegations about the board’s structure are without merit and that companies challenging the agency should not
They are trying to turn a blind eye to violations of workers’ labor rights.
In July, two federal judges in Texas issued separate orders temporarily blocking NLRB lawsuits against SpaceX and pipeline operator Energy Transfer Co. The judges said the companies were likely to prevail on claims that directors and administrative judges were improperly protected from removal.
(Only the headline and photo of this report may have been modified by Business Standard staff. The rest of the content is auto-generated from a syndicated feed.)
First Published: September 6, 2024 | 10:00 AM IST
