Federal judge orders Amazon to stop retaliating against workplace activists
A federal judge issued a cease-and-desist order to Amazon based on retaliation against workplace activism. When an industry giant like Amazon loses a lawsuit, it is wise for employers to take notice.
Lawsuit details
The National Labor Relations Board (NLRB) filed a lawsuit against Amazon in March 2022. It sought reinstatement of an employee that it claimed Amazon fired for organizing activity. The NLRB claimed that the termination of Gerald Bryson was unlawful retaliation and sought to have him reinstated. Amazon fired Bryson in April 2020. He had participated in a protest about the Covid-19 pandemic working conditions. During a second protest outside of work, he got into an argument with another employee. Amazon claimed he was fired for violating their vulgar language policy. The NLRB argued that Amazon fired him for union activism and that his termination would have a negative impact on employees’ organizing efforts.
Details of the lawsuit
According to NBC New York the U.S. District judge decided there was reasonable cause that Amazon committed an unfair labor practice by firing the employee.
However, the judge denied the NLRB’s request to have him reinstated. The judge found a lack of evidence that the termination had a substantial effect on employees’ organizing efforts. After Bryson had left, the group organized and achieved a labor win at an Amazon warehouse. This fact made the case different from other cases where an organizing slowdown resulted after firing a union activist.
As an employer, do you need legal assistance to deal with organizing issues?
If you’re a company owner and have questions or concerns about employment claims occurring in your workplace, you should consult with an experienced employment law defense attorney. Whenever possible, it is wise to do so before legal issues arise. Call (718) 275-6500 to arrange an appointment with Stephen D. Hans & Associates, P.C.