The results of the historic union election at an Alabama Amazon warehouse should be set aside, a hearing officer from the National Labor Board Relations said in recommendations released Monday, according to the Retail, Wholesale and Department Store Union. The findings address complaints from the union alleging the company misled and threatened workers in violation of federal labor law. The union sought to represent thousands of workers at one Amazon warehouse in Bessemer, Alabama, but lost by a ratio of more than 2-to-1 in April.
Both parties have the opportunity to file exceptions to the findings before the regional director considers the findings, evidence and party filings and releases a decision. The decision can then be appealed to the national Labor Board, where a panel of commissioners could rule on the case.
The NLRB didn’t immediately respond to requests for comment.
«Our employees had a chance to be heard during a noisy time when all types of voices were weighing into the national debate, and at the end of the day, they voted overwhelmingly in favor of a direct connection with their managers and the company,» an Amazon spokesperson said in a statement. «Their voice should be heard above all else, and we plan to appeal to ensure that happens.»
«The question of whether or not to have a union is supposed to be the workers’ decision and not the employer’s,» said Stuart Appelbaum, president of the RWDSU. «Amazon’s behavior throughout the election process was despicable.»
The union complained that Amazon broke federal labor law in several ways in the lead-up to the election, which had the potential to create the e-commerce giant’s first unionized workforce in the US. Lawyers for the union said Amazon unlawfully threatened to lay people off and close the warehouse. The union also took issue with a mailbox Amazon had the US Postal Service install on its premises outside the warehouse, which the company then turned into an ad hoc voting booth with a tent surrounding it on three sides and banners urging workers to vote.
The mailbox was a metal cabinet with several slots and not a standard blue box with a USPS logo on it. The union argued it gave the impression that Amazon was involved in collecting ballots, which could have affected the vote. During the hearing over the union’s complaints, a worker testified that he’d seen Amazon workers access the mailbox. Amazon countered that it only had access to compartments that contained incoming mail addressed to the company.
