Amazon’s San Francisco warehouse is in hot water with the U.S. federal labor board due to accusations of illegally refusing to negotiate with employees after a majority signed union authorization cards in the fall. The complaint, issued by a regional director of the National Labor Relations Board on Monday, relies on a precedent set by the NLRB during the Biden administration. In 2023, a decision found that if a union gains majority support in the workplace, an employer can voluntarily recognize the union or challenge the action and file a petition with the labor board to hold a formal election. However, Amazon did not file any petition, according to the complaint, setting the stage for bargaining orders at other locations where the company has dodged its legal obligation to negotiate with the union, as claimed by the Teamsters on Monday.
Workers at various Amazon locations, including those in Southern California, New York City, Atlanta, and Skokie, Ill., have sought union recognition from the company. Despite the claims made in the complaint, Amazon spokesperson Eileen Hards disputes them, calling the legal theory baseless and without merit. The case will be reviewed by an administrative law judge in a hearing scheduled for Aug. 5, and the judge’s decision regarding whether Amazon should be ordered to bargain with workers could be appealed to the labor board in Washington and then in federal court. However, with the labor board now under the control of the Trump administration, the case is expected to face an uphill battle.
Trump’s actions in firing NLRB board member Gwynne Wilcox and appointing William Cowen as acting general counsel have already resulted in the rescinding of worker-friendly guidelines and interpretations. Another case involving Amazon’s obligation to bargain with warehouse workers in Staten Island, N.Y., is currently tied up in the courts, with proceedings put on hold after Amazon filed a lawsuit arguing the NLRB’s structure is unconstitutional. The Teamsters have criticized Trump’s nominee for the NLRB’s permanent general counsel, Crystal Carey, a partner at the law firm Morgan Lewis.
