Amazon accused of unfair labor practices at Garner, Charlotte warehouses

The National Labor Relations Board is investigating unfair labor practice allegations at two Amazon facilities in North Carolina — one in Garner and one in Charlotte — according to public records obtained by The News & Observer.

The first complaint was filed on Dec. 8 by the group Carolina Amazonians United for Solidarity and Empowerment (C.A.U.S.E.), which is attempting to unionize the 5,000-worker distribution center in Garner, a few miles southeast of downtown Raleigh, known as RDU1.

The group accused Amazon of violating an employee’s rights under the 1935 National Labor Relations Act by disciplining the worker “in retaliation for engaging in protected concerted activities and/or union activities.” The name of the worker was redacted from the public records.

Page 1 of NLRB-2023-000607 Final Records (1)

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Protected concerted activities, as outlined in Section 7 of the National Labor Relations Act, are the rights that federal law grants workers to improve their working conditions through actions like unionization and collective bargaining.

“Section 7 is like the Bill of Rights for labor law,” said Dan Bowling, who teaches labor and employment law at Duke University School of Law.

C.A.U.S.E., which a pair of RDU1 workers formed last January, remains in the early stages of its organizing drive. The group has held rallies and circulated petitions but has yet to pass out union authorization cards, which could trigger an official union election if at least 30% of employees sign. Organizing groups often wait until they have support from a majority of workers before pursuing an election.

Organizing the 2 million-square-foot Garner warehouse lacks much precedent. North Carolina ranks among the least unionized states, and only one Amazon workplace in the United States is currently unionized. The distribution center opened in August 2020.

C.A.U.S.E. declined to comment on the details of its unfair labor practice charge, but did share the group’s broader motivations for organizing.

“Amazon has proven in its 28 years in business that it will not listen to the voices of their workers and refuses to conduct business in a way that makes it Earth’s best employer,” said C.A.U.S.E. Treasurer Tim Platt, alluding to one of Amazon’s written business principles. “This is why workers at RDU1 are organizing and our union is led by workers.”

The New York City-based law firm Cohen, Weiss and Simon is representing C.A.U.S.E. in this case.

That a prominent out-of-state labor firm is backing the Garner organizers is notable said Eric Fink, a labor law professor at Elon University School of Law in Greensboro. “(Cohen, Weiss and Simon) is one of the real top union-side law firms,” Fink said. “They’re very prominent.”

In a statement to The N&O addressing the ULP charges in Garner and Charlotte, Amazon spokesperson Mary Kate Paradis said the company strongly disputes the allegations.

“Our employees have the choice of whether or not to join a union and we do not retaliate against employees for exercising their rights,” Paradis said. “Like any employer, we ask our employees to meet certain minimum expectations and take appropriate and consistent action when they’re unable to do that.”

Past labor allegations at Amazon

In a typical year, American employers receive between 15,000 and 20,000 ULP charges, with about half eventually being dismissed or withdrawn. The vast majority of the rest are settled between the involved parties before the NLRB issues an order.

The board can’t fine companies over unfair labor practices but can seek to have affected employees reinstated or receive back pay if violations are substantiated.

Amazon is no stranger to unfair labor practice accusations as some of its thousands of workplaces have begun to explore unions. Last year, the NLRB took Amazon to federal court over the firing of an employee involved in organizing what later became the first, and still only, unionized Amazon workplace, the JFK8 warehouse in New York City.

“There have been many charges brought against Amazon, in JFK8 and other sites where there have been organizing activities,” Fink said. “(Amazon) is very explicit that it prefers its employers don’t unionize. I would characterize it as aggressive. They actively seek to resist unionization through a whole lot of means.”

Whether those means cross a legal line is for the NLRB to decide. In the past, Amazon has hired anti-union consulting firms and required workers to attend anti-union informational sessions, both of which are permissible under federal law.

The Charlotte charge

A week after C.A.U.S.E. filed its charge in Garner, the NLRB opened another investigation at a 5,000-worker Amazon fulfillment center in Charlotte known as CLT4.

The individual or group who filed the ULP was redacted from the public record, but the charge alleges that Amazon fired an employee for engaging in “protected concerted activities.” The charging party said Amazon also fired an employee for filing a ULP complaint, which would violate the National Labor Relations Act.

Unlike C.A.U.S.E. in Garner, there is currently no public-facing organizing group at CLT4.

The National Labor Relations Board has assigned a field examiner from its Atlanta regional office to investigate both charges. The board says ULP investigations tend to last between seven and 14 weeks and may involve taking sworn written statements from workers and management.

This story was produced with financial support from a coalition of partners led by Innovate Raleigh as part of an independent journalism fellowship program. The N&O maintains full editorial control of the work.

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