Amazon.com announced on Friday its intention to appeal to a U.S. appeals court in a bid to prevent the National Labor Relations Board (NLRB) from ruling on its obligation to negotiate with a union at a New York City warehouse. This appeal follows the company’s challenge to the NLRB’s structure, which Amazon argues undermines its legal rights.
The filing was made in a federal court in San Antonio, Texas, where Amazon claims that U.S. District Judge Xavier Rodriguez’s delay in deciding on a temporary injunction amounted to a “constructive denial.” This decision can be reviewed by the 5th U.S. Circuit Court of Appeals based in New Orleans.
On September 10, Amazon moved for a preliminary injunction shortly after it sued the NLRB. Judge Rodriguez held a hearing on the matter earlier this week. The NLRB is currently addressing allegations that Amazon has unlawfully refused to engage in bargaining with the union representing workers at the JFK8 warehouse in Staten Island, marking a pivotal moment as this is the first successful unionization effort in Amazon’s history.
In August, the NLRB upheld the results of the 2022 union election at JFK8, dismissing Amazon’s claims that the election was influenced by protests from workers and bias among board officials overseeing the voting process.
The company faces numerous NLRB complaints alleging illegal union-busting tactics, including the dismissal of union supporters and intimidation tactics, all of which Amazon has denied.
In its notice, Amazon highlighted the urgency of the situation, stating, “The bell will have been rung, a decision will have been issued, and this simply cannot be undone.” The company noted that its final brief in the JFK8 case was due later on Friday, indicating that a ruling from the NLRB could arrive as early as Monday.
The NLRB has requested that Judge Rodriguez transfer Amazon’s lawsuit to the Eastern District of New York, which has jurisdiction over Staten Island. This legal battle forms part of a broader wave of litigation against the NLRB, with about 20 lawsuits pending nationwide challenging the agency’s enforcement proceedings as unconstitutional.
Elon Musk’s SpaceX has similarly sought the 5th Circuit’s review concerning NLRB authority, highlighting a growing trend among major corporations contesting labor-related rulings. In contrast, federal judges in cities such as Chicago and Washington, D.C., have largely dismissed these challenges in other lawsuits.
The case is formally cited as Amazon.com Services v. NLRB in the U.S. District Court for the Western District of Texas.