2022 saw two very different outcomes for unionization efforts at Amazon warehouses. In Staten Island, 5,500 Amazon workers voted to join their own union (the Amazon Labor Union). Meanwhile, in Bessemer, Alabama, warehouse employees there tried twice to join a union but failed both times. Pro-union voices argued that Amazon used illegal tactics like mandatory anti-union meetings to break the efforts, and now the National Labor Relations Board is weighing in.

“Ensuring that workers can make a truly free choice about whether they want union representation is one of the fundamental goals of the National Labor Relations Act,” Lauren McFerran, Chair of the NLRB said in a statement, reports Bloomberg. “Captive audience meetings—which give employers near-unfettered freedom to force their message about unionization on workers under threat of discipline or discharge—undermine this important goal.”

The agency's decision against captive audience meetings overturns a 76-year-old ruling by the agency (Babcock v Wilcox Co.) which permits such meetings. As Bloomberg adds, "mandatory anti-union gatherings interfere with workers’ organizing rights because they coercively demonstrate employers’ economic power by requiring attendance on pain of discipline or discharge, the NLRB said."

But not everyone on the NLRB board agrees with the decision. Board Member Marvin Kaplan has argued that prohibiting captive audience meetings effectively denies a corporation its First Amendment right to free speech. “Here, the conflict between the majority’s prohibition of captive-audience speeches and the Constitution is manifest and irreconcilable,” he said.

Meanwhile, Amazon is suing the NLRB over claims that the agency is wielding powers unconstitutionally, and has stated that it will appeal this latest ruling on mandatory meetings.

“Meetings like this are held by many companies because the decision about whether or not to join a union is an important one, and employees deserve to understand the facts so they can make an informed choice,” a spokesperson for Amazon said in a statement.

Recognition

While the warehouse in Alabama tries again at unionizing, the Staten Island employees have been having their own challenges even after a successful unionization. As NPR reports, "for two years now, Amazon has refused to recognize the upstart union or begin bargaining with some 5,500 workers it represents in Staten Island, N.Y. The company continues to legally challenge the union's victory, while the union's finances and internal cohesion have deteriorated."

To stay afloat, the ALU is partnering with the Teamsters for both financial and organizational support. "The Teamsters and ALU will fight fearlessly to ensure Amazon workers secure the good jobs and safe working conditions they deserve in a union contract," Sean O’Brien, president of Teamsters, said in a statement.

Verdict

The NLRB finds itself in a precarious situation during this lame-duck period between the election and inauguration. While its decision to overturn Babcock v Wilcox Co is major, the incoming administration may reverse course entirely.