The National Labor Relations Board has rejected Amazon’s challenge to the first successful union drive in its history, upholding the 2022 union victory at a New York City warehouse. In a 2-1 decision released late Thursday, the board determined that Amazon had failed to raise any issues that warranted a review of the previous ruling by a regional director. This ruling certified the Amazon Labor Union (ALU) as the representative of approximately 8,300 workers at the Staten Island warehouse known as JFK8.
NLRB Chair Lauren McFerran and Member David Prouty, both Democrats, dismissed Amazon’s various claims that the election was tainted by the conduct of workers, union agents, and NLRB officials overseeing it. Amazon argued that ALU President Christian Smalls, a former employee at JFK8, intentionally trespassed on company property to disrupt anti-union meetings by getting arrested by the police, thereby swaying workers to vote for the union. However, the board concluded that even if the union orchestrated Smalls’ arrest as part of its campaign strategy, the arrest and surrounding circumstances did not prevent voters from making a free and uncoerced choice in the election.
In dissent, Member Marvin Kaplan, the board’s lone Republican, argued that the union’s “aggressive and militant tactics,” including trespassing, vandalism, and threats of violence, interfered with the election. He believes that a new vote should be held.
Although Amazon cannot appeal this decision, the company is pursuing a separate challenge to the ALU’s victory in another NLRB case, where it is accused of illegally refusing to bargain with the union. The ruling in that case can be appealed to a federal appeals court.
Since the JFK8 election, workers at two other Amazon warehouses in New York and one in Alabama have voted against unionizing. Meanwhile, the ALU has faced internal conflicts, including a lawsuit by several members accusing a small group of union officials led by Smalls of refusing to hold officer elections, making changes to the union’s bylaws without a vote, and threatening critics with legal and disciplinary action. The union denied any wrongdoing but agreed to hold a leadership vote, which took place last month.
In June, ALU members voted to affiliate with the International Brotherhood of Teamsters, strengthening the union’s resources and representation in contract negotiations. Amazon has continued to face a series of NLRB complaints alleging unlawful union-busting tactics, including firing union supporters, barring organizers from company property, and holding mandatory meetings to discourage unionizing. Although Amazon denies breaking the law, the company asserts that it respects employees’ right to choose whether to join unions
