While the fate of unionization at the Amazon fulfillment center in Bessemer hangs in the balance, labor has won a significant victory in New York.

Amazon workers in Bessemer spent the past week casting ballots in a second union vote after a labor board threw out the first vote. While the early count shows Bessemer workers rejecting unionization a second time, the vote is still undecided due to 416 contested ballots.

Meanwhile, Amazon workers at their complex in Staten Island, New York voted to unionize on Friday. It was the first time a facility has voted to unionize in Amazon's history. 

The victory in Staten Island comes as a surprise to many, since the union in question is a small local union called the Amazon Labor Union (ALU) rather than a large national labor union like the Retail, Wholesale, and Department Store Union (RWDSU), which is pushing for unionization in Bessemer. 

According to the National Labor Relations Board (NLRB), 55% of the votes in the Staten Island facility favored unionization, with 2,654 votes, enough for the newly formed ALU to succeed in its goal. The opposition accounted for 45% of the vote, with 2,131 votes rejecting unionization. 

Unlike the Bessemer vote, the contested ballots in the New York union bid were not enough to swing the vote in either direction. The New York vote only contained 67 contested votes.

The ALU was founded by now-President Chris Smalls, who claims he was fired for organizing protests over Amazon's unsafe COVID-19 protocols.

Since then, the ALU has grown and gathered the signatures of over 2,000 workers supporting the union at the Staten Island Complex and has recruited over 100 people into the Organizing Committee.

Amazon released a statement on their company website, expressing disappointment and implying they may not accept the results of the election. 

"We're disappointed with the outcome of the election in Staten Island because we believe having a direct relationship with the company is best for our employees," the statement said. "We're evaluating our options, including filing objections based on the inappropriate and undue influence by the NLRB that we and others (including the National Retail Federation and U.S. Chamber of Commerce) witnessed in this election."

In Apr. 2021, Amazon workers in Bessemer voted on whether to join RWDSU. Of the 5,800 workers, fewer than half of them submitted ballots. The vote concluded with the majority deciding not to unionize by a margin of 1,798-738.

Immediately following the results of the vote, RWDSU filed an objection, and on Nov. 29, the NLRB voted in favor of the union's challenge.

Amazon workers in Bessemer spent the better part of the past week casting ballots in a second union vote, after the first was thrown out by the labor board. 

Alabama is a right-to-work state, which means that a corporation and union cannot sign agreements compelling employees to pay union dues. Employees may only unionize by vote.

As with the first vote, fewer than half of the available workers at the Bessemer Amazon Fulfillment Center voted in the election. Of the over 6,000 eligible workers, only 1,868 valid ballots have been tallied. According to RWDSU, 875 workers voted to unionize, 993 voted no, 59 ballots were voided, and 416 are being challenged. The 118-vote disparity makes this race tighter than the original vote in 2021. 

Either side of the issue has the ability to challenge a vote for various reasons, including illegibility, improper format, improper employment dates, etc. 

The NLRB is expected to hold a hearing on the contested ballots in the coming weeks. The opposing sides could come to an agreement on their own. However, the national labor ramifications and highly politicized nature of this vote make that unlikely. 

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