Amazon CEO Andy Jassy broke federal labor law by commenting to media outlets on the company's unionization efforts, a judge from the National Labor Relations Board ruled on Wednesday.
Amazon CEO's Anti-Union Behavior
NLRB Administrative Law Judge Brian Gee referred to interviews that Jassy conducted in 2022 with CNBC's Squawk Box, Bloomberg Television, and at The New York Times's DealBook conference, which coincided with an increase in union campaigns within Amazon's warehouse and delivery operations.
In April 2022, Jassy told CNBC that if employees voted in favor of a union, they might feel less empowered at work, leading to slower and more bureaucratic processes. Likewise, during the Bloomberg interview, Jassy stated that employees could not directly approach their managers to implement changes if they noticed areas for customers or their team's improvement. During the DealBook conference, Jassy asserted that the workplace is not bureaucratic or slow without a union.
NLRB Taking Action on Union-Busting Tactics
NLRB Judge Gee stated that the comments implied a threat to employees, suggesting that if they chose a union, they would lose empowerment and encounter difficulties in achieving tasks promptly.
The NLRB lodged a complaint against Amazon and Jassy in October 2022. In his ruling on Wednesday, Gee mentioned that while Jassy's comments regarding the potential change in the worker's relationship with their employer due to unionization were lawful, remarks implying that employees would be "less empowered" and "better off" without a union otherwise violated the labor law and extended beyond merely discussing the employee-employer relationship.
NLRB Ordering Cease and Desist
According to spokesperson Mary Kate Paradis, Amazon does not agree with the NLRB's decision and intends to file an appeal expressing that the ruling reflects poorly on the state of free speech rights and that they remain optimistic about maintaining a constructive discussion where all perspectives are valued.
The judge suggests that Amazon should be directed to cease and desist from making similar comments in the future. The company should be mandated to post and circulate a notice regarding the order to all employees nationwide.
Series of Anti-Union Campaigns Within Amazon
The U.S. labor board prosecutors accused Amazon.com Inc. of repeatedly breaking federal labor law by changing policies without agreement and firing union supporters at its only unionized warehouse. They also claimed CEO Andy Jassy's illegal anti-union remarks.
The agency claims that Amazon altered its policy regarding off-duty workers' access to the premises and its procedures for announcing and granting paid leave for COVID-19 cases at the Staten Island facility without consulting the union. It further alleges that the company fired two employees due to their association with the Amazon Labor Union. The complaint recommends that, among other actions, Amazon should be required to revoke its off-duty access policy for at least three years.
Under federal labor law, companies have the right to express opposition to unionization but are prohibited from threatening or retaliating against workers for organizing. Moreover, companies must negotiate over working conditions if employees vote to unionize.
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