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Amazon sues the US Labor Board for its structure over a union election

Amazon.com filed a lawsuit against a U.S. Labor Board on Thursday. It accused the board of interfering illegally in a union vote at a New York City Warehouse and claimed that the agency's structural design violated the U.S. Constitution.

The lawsuit filed at the federal court in San Antonio, Texas seeks to prevent the National Labor Relations Board (NLRB) from ruling on a case which could force Amazon into bargaining with the union that won an election in 2022 in the Staten Island warehouse.

Last week, the labor board upheld the election results. It rejected Amazon's claim that the vote was tainted because of demonstrations by union organizers and workers. They also denied that the board officials who oversaw voting were biased towards the union.

Amazon claims that the board's internal enforcement procedures violated the separation of powers in the constitution and the right of the company to a trial by jury.

Nearly 20 companies, including SpaceX rocket maker, Starbucks and Trader Joe's made similar claims in pending administrative and legal cases.

Amazon did not respond immediately to a comment request. A NLRB spokesperson declined to comment.

The first and only successful union campaign to date in Amazon's history was at JFK8, the Amazon warehouse.

Since then, workers at two more Amazon warehouses located in New York State and one in Alabama voted to not join the Amazon Labor Union.

Recently affiliated

The International Brotherhood of Teamsters

The NLRB filed scores of complaints against Amazon.

Illegal union-busting tactics

During those campaigns, Amazon did a number of things, such as firing union supporters, threatening them, holding anti-union meetings that were mandatory, and refusing bargaining with the Staten Island Union. Amazon has denied any wrongdoing.

The board also filed a rare lawsuit in New York Federal Court on the eve before the Staten Island elections accusing Amazon

Illegally terminating a union worker

. Amazon claimed in its lawsuit filed on Thursday that the Labor Board "interfered" with the employees' right to make a free and fair decision by suing them.

Amazon's lawsuit alleges, as well, that the NLRB members appointed by the President are improperly shielded against being removed at any time, and that its unique structure, wherein it acts as a prosecutor and judge in certain cases, violates the U.S. Constitution.

NLRB General counsel Jennifer Abruzzo is an appointee by Democratic President Joe Biden. She has stated that the claims made about the structure of the board are unfounded and that the companies who have challenged the agency lack credibility.

They are trying to distract

They violate the rights of workers.

Two federal judges in Texas made separate rulings in July

Temporary blocking of NLRB cases

SpaceX and Energy Transfer, the pipeline operator. The judges said that the companies would likely prevail in their claims that board and administrative judges were improperly shielded from removal. Reporting by Daniel Wiessner, Albany, New York. Editing by Richard Chang and Alexia Garamfalvi.

(source: Reuters)