In April of this year, Amazon (NASDAQ: AMZN) warehouse workers in Bessemer, AL, got the chance to vote to join the Retail, Wholesale and Department Store Union (RWDSU). That vote failed, but now the National Labor Relations Board (NLRB) has issued a preliminary recommendation that unionizers deserve a do-over.
According to a petition by the RWDSU that has now been affirmed by the NLRB, Amazon illegally influenced the vote against unionization.
"Amazon's behavior throughout the election process was despicable." RWDSU President Stuart Appelbaum said in a statement. "Amazon cheated, they got caught, and they are being held accountable."
The NLRB's preliminary decision comes in the form of a report on all of the RWDSU's complaints and their individual merit according to an NLRB Hearing Officer, Kerstin Meyers. Out of the 23 complaints submitted by the petitioner, Meyers found that seven of them should be sustained by the Board.
The majority of the objections that Meyers affirmed are related to allegations that Amazon "destroyed the laboratory conditions necessary to conduct a free and fair election" by installing a USPS collection box outside of the facility itself. The RWDSU argues that the company "created the impression" that the facility was an official polling location, and that employee's ability to vote freely was stifled by the fact that they knew they were visible on the facility's cameras.
The report further states that Amazon broke NLRB's rules by conducting its own "electioneering" near the facility's USPS drop box, including by placing the box inside of a tent showing a company campaign slogan.
According to the testimony of a Postal Service official, Amazon was explicitly instructed not to place anything on the collection box. Postal Service Officials also say they were never given keys to access the outgoing ballots. Amazon security officers were seen opening the box by pro-union workers.
Finally, Amazon agents allegedly spread rumors through the facility prior to the vote that a collection box would be placed at the facility. However, union officials informed employees that Amazon's request for a collection box had not been approved by the NLRB's Decision and Direction of Election, the official statement that an election can be held. When a collection box was ultimately placed at the facility, the union argues that it gave the impression that Amazon had the power to overrule the NLRB.
According to Amazon, the collection box was placed at the site in order to give employees a convenient place to vote. However, the report notes that "there were multiple options" for employees looking to cast their vote, including "mailing the ballots from employees' homes, depositing them in the official blue collection boxes in employees' neighborhoods, or depositing ballots at the local post office."
The NLRB's findings come as something of a surprise for unionizers who had considered the vote a lost cause. It also sends hope to other unionizers working to organize Amazon employees across the country.
Amazon, for its part, says they will appeal the Hearing Officer's decision.
"Our employees had a chance to be heard during a noisy time when all types of voices were weighing into the national debate," said an Amazon spokesperson. "At the end of the day, they voted overwhelmingly in favor of a direct connection with their managers and the company. Their voice should be heard above all else, and we plan to appeal to ensure that happens."
Again, the Hearing Officer's report is only a preliminary finding. Both parties still have the opportunity to press their case. A final decision will come from the acting regional director of the NLRB, likely not for several weeks.