Amazon has escalated its battle with the National Labor Relations Board (NLRB), filing a federal lawsuit Thursday that challenges the agency’s structure and accuses it of improperly influencing a union election at a Staten Island warehouse over two years ago.
Amazon’s Legal Battle Over Union Election
The lawsuit was filed in a federal court in San Antonio, echoing legal arguments Amazon had previously made before the NLRB. Amazon has long disputed the election results at its Staten Island warehouse, where workers voted to unionize for the first time in the company’s U.S. history. The company claims the NLRB improperly interfered in the process, specifically by filing a lawsuit in March 2022 demanding that Amazon reinstate a fired union organizer just days before the vote.
Amazon contends that this action tainted the election results, which it unsuccessfully tried to overturn within the agency. Last month, the NLRB rejected Amazon’s appeal, closing off internal avenues to challenge the election.
Claims of Unconstitutional Structure
In its new complaint, Amazon’s attorneys argue that the NLRB’s structure violates the Constitution because its board members are protected from being removed by the president. Amazon also claims that the same board members who authorized the lawsuit against the company later served as judges in reviewing the election objections, infringing on the company’s right to a fair trial and due process.
The company is asking the court to halt the NLRB’s “unconstitutional” administrative proceedings as the case unfolds.
Other Companies Follow Suit
Amazon is not alone in this legal approach. Companies like SpaceX and Trader Joe’s have also filed similar lawsuits, challenging the NLRB’s authority. However, NLRB General Counsel Kayla Blado referenced the Supreme Court’s 1937 ruling, which upheld the agency’s constitutionality, as a defense against these challenges.
NLRB’s Response
NLRB General Counsel Jennifer Abruzzo has previously argued that such challenges are designed to stall the agency’s ability to enforce labor laws. Abruzzo, appointed by President Biden, emphasized that companies like Amazon are attempting to divert attention away from their own alleged violations of labor laws.
Blado noted that while legal challenges from large corporations may delay justice, the NLRB remains confident in its ability to prevail.
