The Amazon logo is seen outside its JFK8 distribution center in Staten Island, New York, U.S. November 25, 2020. REUTERS/Brendan McDermid/File Photo
In a significant ruling on Wednesday, a U.S. appeals court dismissed an order that had prevented Amazon from firing employees who supported unionization. The three-judge panel from the 2nd U.S. Circuit Court of Appeals in Manhattan critiqued the lower court’s decision, emphasizing the lack of justification for such a broad directive.
This legal battle traces back to 2020 when Amazon terminated Gerald Bryson, a union advocate at the Staten Island JFK8 warehouse. Bryson was fired after using profane language towards a coworker during a protest concerning COVID-19 safety protocols. Despite the firing, the JFK8 warehouse became Amazon’s first unionized facility in 2022, though subsequent unionization efforts at other locations in New York and Alabama were unsuccessful.
U.S. District Judge Diane Gujarati previously ruled that Bryson’s dismissal was a violation of labor laws, thus barring Amazon from firing other union supporters. However, she did not mandate Bryson’s reinstatement, citing insufficient evidence that his firing discouraged union activities among other workers.
The 2nd Circuit’s recent decision highlighted this point, stating that there was no need for a blanket prohibition against terminating union supporters if Bryson’s firing did not have a wider deterrent effect.
Amazon has maintained that Bryson’s termination was due to his conduct, not his union activities. Footage from the protest depicted Bryson making derogatory remarks to a female coworker, including calling her a “crackhead” and “stupid.”
This case has drawn political attention, with some Republican lawmakers accusing the NLRB, under Democratic leadership, of overstepping by pursuing Bryson’s case. An administrative judge had initially ordered Amazon to reinstate Bryson, but Amazon appealed. The NLRB later revised the legal standards for handling cases where employee misconduct overlaps with union activities, leading to a renewed ruling against Amazon earlier this year.
Amazon and the NLRB have both declined to comment on the appeals court’s latest decision.
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