Amazon.com announced that it will seek to prevent the National Labor Relations Board (NLRB) from ruling on its obligation to negotiate with a union at a New York City warehouse while contesting the agency’s structure. The company filed its notice of appeal in federal court in San Antonio, Texas, arguing that U.S. District Judge Xavier Rodriguez’s delay in deciding on a temporary injunction constituted a “constructive denial” that warrants review by the 5th U.S. Circuit Court of Appeals.
This legal move comes after Amazon filed for a preliminary injunction on September 10, shortly after suing the NLRB. The NLRB is currently assessing claims that Amazon has unlawfully refused to bargain with the union representing workers at the JFK8 warehouse on Staten Island, the first in the company’s history to unionize. The board had previously upheld the results of the 2022 election at JFK8, dismissing Amazon’s claims of bias and misconduct surrounding the voting process.
Amazon has faced numerous NLRB complaints accusing it of employing illegal tactics against unionization efforts, such as firing union supporters and conducting mandatory anti-union meetings. The company has consistently denied these allegations.
The urgency of Amazon’s appeal is underscored by the impending deadline for the NLRB to issue a ruling, with the company’s final brief on the JFK8 case due later on Friday. If the NLRB issues a decision, Amazon argues that the potential harm could be irreversible, emphasizing the need for judicial intervention.
Additionally, the NLRB has requested that Judge Rodriguez transfer Amazon’s lawsuit to the Eastern District of New York, which is relevant to the Staten Island warehouse. This case is part of a broader legal landscape, with around 20 lawsuits filed across the country challenging the NLRB’s enforcement processes and seeking to halt administrative cases.
Notably, Elon Musk’s SpaceX has also sought 5th Circuit review over what it describes as constructive denial by a judge in Texas regarding NLRB injunctions. While some Texas judges have granted temporary injunctions in similar cases, others in various states, including Chicago and Washington, D.C., have rejected challenges against the NLRB.
The case is officially titled Amazon.com Services v. NLRB, filed in the U.S. District Court for the Western District of Texas.
By: Montana Newsroom staff
