Amazon challenges labor council structure in union election lawsuit

Amazon.com sued a US Labor Council on Thursday, charging her of illegally interfering in a union election at a New York warehouse and argued that the agency’s structure violated the US Constitution.

The process filed in The federal court in San Antonio, Texas, is trying to block the National Labor Relations Board from deciding a case that could forces Amazon to negotiate with union, which won the 2022 election in Staten Island’s warehouse.

The labor council last week confirmed the election results, rejecting Amazon’s claims that they were tainted by demonstrations by workers and union organizers and board officials who oversaw the vote were biased toward the union.

Amazon’s lawsuit says the board’s internal enforcement procedures violate the constitutional separation of powers and the company’s right to a jury trial.

Almost 20 more companies including rocket maker SpaceX, Starbucks and Trader Joe’s made similar claims against the board in on hold processes and administrative cases.

Amazon did not immediately respond to a request for comment. An NLRB spokeswoman declined to comment.

The election at the Amazon warehouse known as JFK8 was the first and so far only successful union campaign in the company’s history.

Workers at two other Amazon warehouses in New York and one in Alabama have since voted against joining the Amazon Labor Union, which recently joined with the International Brotherhood of Teamsters.

The NLRB issued dozens of complaints accusing Amazon of illegal union busting tactics during those campaigns, including firing union supporters, threats, holding mandatory anti-union meetings and refusing to negotiate with the Staten Island union. Amazon has denied wrongdoing.

That included a rare lawsuit the council filed in New York federal court on the eve of the Staten Island election, accusing Amazon of illegal dismissal of a pro-union worker. In Thursday’s lawsuit, Amazon claims the labor board “interfered with the free and fair election of employee voters,” suing the company.

Amazon’s lawsuit also claims that the NLRB’s five members, who are appointed by the president, are improperly protected from being removed at will and that the board’s unique structure in which it serves as prosecutor, judge and jury in some cases it violates the US Constitution. .

NLRB General Counsel Jennifer Abruzzo, appointed by Democratic President Joe Biden, said the claims about the board’s makeup are without merit and that the companies challenging the agency trying to distract from the violation of workers’ labor rights.

In July, two federal judges in Texas issued separate rulings temporary stay of NLRB cases against SpaceX and pipeline operator Energy Transfer. The judges said the companies could prevail on claims that board members and administrative judges are improperly insulated from removal.

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