By Sebastian Herrera
The union that unsuccessfully sought to organize an Amazon.com
Inc. location in Alabama has filed challenges over the vote, saying
the company violated legal restrictions throughout the
election.
In objections filed with the National Labor Relations Board,
attorneys representing Retail, Wholesale and Department Store Union
allege that Amazon intimidated and threatened employees into voting
against unionizing. The union cited meetings that the company held
with workers and a mailbox installed outside of the warehouse.
The union alleges that Amazon, through company representatives,
threatened employees with the loss of jobs or closing of the
warehouse as well as possible loss of compensation and benefits, if
the union were approved. The union also accused the company of
targeting workers who asked questions at meetings by removing them
from the gatherings, potentially scaring other employees.
The union's complaint also focused on a mailbox, installed by
the U.S. Postal Service at Amazon's request outside the Bessemer,
Ala., warehouse where the election was taking place. The union
alleged that the mailbox could have coerced workers into
incorrectly believing Amazon was conducting the election and
thereby feeling compelled to vote against unionizing. The filing
also accuses Amazon of electioneering by displaying a company
campaign message near the mailbox.
"Amazon knew full well that unless they did everything they
possibly could, even illegal activity, their workers would have
continued supporting the union," RWDSU President Stuart Appelbaum
has said. "We demand a comprehensive investigation over Amazon's
behavior in corrupting this election."
An Amazon spokeswoman said less than 16% of employees at the
Bessemer warehouse voted to unionize. "Rather than accepting these
employees' choice, the union seems determined to continue
misrepresenting the facts in order to drive its own agenda," she
said. "We look forward to the next steps in the legal process."
Amazon has said it followed the law in its communication with
employees during the mail-in election, which concluded April 9, and
didn't intimidate workers. "It's easy to predict the union will say
that Amazon won this election because we intimidated employees, but
that's not true. Our employees heard far more anti-Amazon messages
from the union, policy makers, and media outlets than they heard
from us," Amazon said following the election.
Chief Executive Jeff Bezos said Thursday in a shareholder letter
that the company needs a "better vision" for dealing with its
employees. Mr. Bezos, who is leaving the CEO role later this year
to become executive chairman, said that while Amazon works hard to
serve its workforce, it needs to invent solutions to reduce the
amount of injuries at warehouses.
More than 70% of workers who cast ballots in the election voted
against joining the RWDSU. The union's charges seek to set aside
election results and have it be held again. The National Labor
Relations Board, which conducted the election, is expected to
review the complaint before it decides whether to certify the
results. The labor board could hold a hearing to go over the
objections and hear testimony. The process could take weeks or
months.
In his letter to shareholders, Mr. Bezos vowed to improve.
"While the voting results were lopsided and our direct
relationship with employees is strong, it's clear to me that we
need a better vision for how we create value for employees -- a
vision for their success," he said in the letter.
Amazon's triumph in Bessemer is a major setback for labor unions
in the U.S. and came after a year in which the company has
experienced tremendous growth and success. Union supporters had
hoped a victory in Bessemer could electrify union pushes at Amazon
throughout the country and force the company to alter some
workplace policies around matters such as pay and breaks.
Many workers said they rejected the union over broad concerns
about job security and because they didn't believe their salary and
benefits would substantially improve with union representation.
Some employees said they also feared that Amazon would shut down
the facility or take other forceful measures, as Walmart Inc. has
done in the past when also faced with labor activism.
If election results stand, Amazon's victory clears a major
hurdle for the company, which has devoted resources to fighting
back the union push since late last year. While the Bessemer
facility only represents less than 1% of Amazon's 950,000 employees
in the U.S., the election had won support from President Biden,
some celebrities and members of Congress.
Rebecca Givan, a labor professor at Rutgers University, said the
union faces a high burden of proof in its accusations. Unfair
labor-practices violations have narrow definitions, Ms. Givan said,
giving employers ample room to sway employees without violating
laws. Even in cases where employers are found of wrongdoing, the
penalty can be small, such as posting a sign at their workplace
outlining employee rights to organize, she said.
"There are certain things that employers can't say or do, but
they are almost indistinguishable from what they can say and do,"
Ms. Givan said. She said lawyers handling union cases for companies
often advise employers on how to stay within the law.
The RWDSU's charges against Amazon followed increasing tensions
between union proponents and the company, as the election neared
its end. Union supporters took aim at Amazon's wealth and power.
Executives at the company defended its $15 starting wage, which is
higher than that of Alabama's $7.25 minimum wage, and touted
healthcare and retirement benefits for its hourly employees.
Despite the results in Bessemer, union leaders have vowed to
keep pressuring the company to ease workplace restrictions on
employees and provide added benefits and job security. Amazon
workers will continue to organize, some employees and union leaders
have said.
Write to Sebastian Herrera at Sebastian.Herrera@wsj.com
(END) Dow Jones Newswires
April 19, 2021 10:09 ET (14:09 GMT)
Copyright (c) 2021 Dow Jones & Company, Inc.
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