A labor judge has ordered yet another vote for unionization at the Amazon fulfillment center in Bessemer after a years-long drama surrounding multiple elections for the facility.
In a lengthy ruling released Tuesday, Administrative Law Judge Michael Silverstein ordered another unionization vote for the Bessemer facility at a time yet to be determined.
In April 2021, Amazon workers voted on whether to join the Retail, Wholesale and Department Store Union (RWDSU). Of the 5,800 workers, fewer than half submitted ballots. The vote concluded with the majority deciding not to unionize by a margin of 1,798 to 738.
Immediately following the vote results, RWDSU filed an objection, stating that Amazon had violated labor laws by not providing the correct parameters for a fair election. Among various complaints, the union claimed Amazon pressured the postal service to install a ballot box in the warehouse and erect a tent around the box. The union also claimed that Amazon had created multiple impressions that individual employee votes would be known by Amazon management. Amazon had also previously polled employees, which the union asserted would pressure employees to vote "no."
The National Labor Relations Board (NLRB) voted in favor of the union's challenge. The NLRB released its decision, saying that it agreed with the union's objections and that Amazon had conducted the vote inappropriately.
In March 2022, there was a second vote. Of the over 6,000 eligible workers, only 1,868 valid ballots were tallied; 875 workers voted to unionize, 993 voted no, 59 ballots were voided, and 416 were initially challenged. The final count of contested ballots landed on 311 and has been tied up in court disputes to this day.
RELATED: Contested ballots hold Amazon union vote in limbo
In his ruling, Silverstein claims RWDSU proved multiple instances of unfair labor practices on the part of Amazon during the 2022 election, motivating his decision to demand another vote. Silverstein claimed that Amazon unlawfully removed union material from breakrooms and other areas while the RWDSU was actively campaigning.
Labor Ruling by Craig Monger on Scribd
"I find that the General Counsel has proven six separate unfair labor practices, the most significant and pervasive being Amazon's unlawful confiscation of Union materials from [the Bessemer facility's] breakrooms and restrooms," Silverstein wrote. "I also sustain two of the [RWDSU's] post-election objections, which together with the unfair labor practice findings, necessitates setting aside the 2022 rerun election."
The ruling lists a series of accusations by RWDSU and rebuttals from Amazon.
Ultimately, Silverstein ordered the results from the 2022 election to be set aside and a new election scheduled for a later date.
In his order, Silverstein required Amazon to cease and desist "unlawful" anti-union activities at the distribution center, including:
Interrogating employees about their feelings about the Charging Party or any other labor organization.
Confiscating union materials from its breakrooms and restrooms.
Surveilling employees in the breakroom by asking employees wearing union buttons to show their ID badges.
Telling employees that Amazon will close BHM1 if they vote in the Union.
Additionally, Amazon is required to place a notice at the Bessemer facility for 60 consecutive days "in conspicuous places, including all places where notices to employees are customarily posted"
The notice reads:
"WE WILL NOT interrogate you regarding your feelings about the RWDSU or any other labor organization.
WE WILL NOT confiscate pro-union materials from nonwork areas such as our breakrooms and bathrooms.
WE WILL NOT ask employees wearing items demonstrating support for the RWDSU or any other labor organization to show us their ID badges.
WE WILL NOT tell employees that we will close BHM1 if employees vote in the RWDSU or any other labor organization.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above."
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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