Warehouse workers say they beat Amazon fair and square in union fight

“Come to the table” — Warehouse workers say they beat Amazon fair and square in union fight Amazon plans to appeal labor board ruling certifying the companys first union.

Ashley Belanger – Jan 12, 2023 4:59 pm UTC EnlargeSpencer Platt / Staff | Getty Images North America reader comments 5 with 0 posters participating Share this story Share on Facebook Share on Twitter Share on Reddit

Ever since New York-based Amazon warehouse workers voted to unionize last year, Amazon has fought hard to invalidate that vote by claiming the union election was unfair. The company submitted hundreds of pages of evidence to the National Labor Relations Board, but seemingly none of it swayed the agency. Yesterday, an NLRB official ruled that Amazons evidence was insufficient to overturn the election. The ruling means that the Amazon Labor Union (ALU) has officially been certified to represent Amazon employees, and Amazon may finally have to give up its fight and sign the companys first union contract with workers.

We beat Amazon fair and square, ALU President Christian Smalls tweeted. Now is time to sign a contract!

BREAKING NEWS ??????? WE OFFICIALLY HAVE BEEN CERTIFIED by Region 28 NLRB. Congratulations @amazonlabor ?????We beat @amazon fair and square now is time to sign a CONTRACT! Come to the table @ajassy #ALUcertified ?? pic.twitter.com/ce7YdEXEmR Christian Smalls (@Shut_downAmazon) January 11, 2023

While the win in New York represented a major victory for ALU, Amazon has until January 25 to appeal the decision. Amazon spokesperson Kelly Nantel confirmed to Ars that the company would be appealing.

Nantel told Ars that Amazon knew it was unlikely that the NLRB would rule against itself during this most recent appeal. By that logic, it seems just as unlikely that Amazons next appeal would change the NLRBs mind. However, labor attorneys told The Wall Street Journal that even if the next NLRB appeal is unsuccessful, Amazon could eventually bring the case to court. Advertisement

As weve said since the beginning, we dont believe this election process was fair, legitimate, or representative of the majority of what our team wants, Nantel told Ars.

ALU has suggested that Amazon is simply using these appeals to stall bargaining, while the company has reportedly been investing millions into anti-union consultations, seemingly motivated to persuade workers in other warehouses against unionizing.

The NLRB did not immediately respond to Ars request for comment, but an NLRB spokesperson told the Journal that Amazon must start to bargain with the union over a contract.

If Amazon doesnt uphold its legal obligation to bargain with the union, it would risk violating the National Labor Relations Act and being forced into federal mediation, a lawyer for ALU, Seth Goldstein, told Vice. Goldstein also confirmed that Amazon isn’t the only party willing to take the fight to court if the NLRBs decision doesnt result in a contract.

We’re demanding bargaining, and if we need to, we’re going to move to get a court order enforcing our bargaining rights, Goldstein told Vice. It’s outrageous that they’ve been violating federal labor while they continue to do so.

ALU didnt immediately respond to Ars request for comment on what this weeks win might mean for Amazon warehouse workers nationwide.

Smalls tweeted that ALU considered the decision a huge moment for the labor moment, urging Amazon workers to keep fighting for what we deserve.

As recently as September, though, Amazon CEO Andy Jassy seemed unwilling to negotiate with workers, telling media that Amazon expects its fight with ALU will take a long time to play out.

ALU is hoping that its certification yesterday will result in sooner negotiations.

Come to the table, Smalls urged Jassy in a tweet. reader comments 5 with 0 posters participating Share this story Share on Facebook Share on Twitter Share on Reddit Ashley Belanger Ashley Belanger is the senior tech policy reporter at Ars Technica, writing news and feature stories on tech policy and innovation. She is based in Chicago. Email ashley.belanger@arstechnica.com // Twitter @ashleynbelanger Advertisement Channel Ars Technica ← Previous story Related Stories Today on Ars