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Region 29-Brooklyn Wins Administrative Law Judge Decision Finding Amazon Unlawfully Retaliated Against Workers for Their Union Activities

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On November 21, 2023, Administrative Law Judge Lauren Esposito issued a decision finding that Amazon.com Services LLC (Amazon) violated the National Labor Relations Act by dismissing employees early, altering employees’ work assignments, and subjecting employees to closer supervision in retaliation for the employees’ support for the Amazon Labor Union (the Union), or for engaging in protected concerted activities.

The decision also found Amazon unlawfully interrogated employees, disparaged the Union by using appeals to racial prejudice and derogatory racial stereotyping, and prohibited employees from distributing Union literature and confiscating Union literature from employees.

Judge Esposito ordered Amazon to cease and desist from further unlawful activity and to make the adversely affected worker whole for any loss of earnings and other benefits including any other direct or foreseeable pecuniary harms and any adverse tax consequences. Amazon must also post copies of a Notice to Employees for 60 days at its JFK8 and DYY6 facilities on Staten Island, New York, and distribute the Notice to Employees electronically.

“Workers have the right to advocate collectively for a more equitable workplace — and it is unlawful for employers to prohibit or retaliate against them for doing so,” said NLRB Region 29 Director Teresa Poor. “I’m proud of the staff of Region 29 for diligently pursuing this significant case and litigating for strong, meaningful remedies.”

The Judge’s Decision and Order was issued based on a Complaint and Notice of Hearing issued by Kathy Drew King, former Regional Director of Region 29 of the NLRB. Field Attorneys Emily Cabrera and Matthew Jackson of the NLRB’s Region 29 represented General Counsel Jennifer Abruzzo in proceedings before Judge Esposito.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.