Amazon wins temporary pause on NLRB case over NYC union election
By Daniel Wiessner
Oct 1 (Reuters) -A U.S. appeals court has temporarily blocked the National Labor Relations Board from deciding whether Amazon.com must bargain with a union representing workers at a New York City warehouse, the first in the company's history.
A three-judge panel of the 5th U.S. Circuit Court of Appeals on Monday stayed the NLRB's administrative case against Amazon pending the appeal of what the company called a "constructive denial" by a Texas federal judge of its bid to stop the board case from moving forward.
Amazon sued the NLRB last month, claiming the agency's in-house enforcement proceedings violate the U.S. Constitution. About 20 similar lawsuits have been filed around the country by other businesses seeking to block NLRB cases against them.
Amazon did not immediately respond to a request for comment. An NLRB spokeswoman declined to comment.
The 2022 election at the Staten Island warehouse known as JFK8 was the first and so far only successful union campaign in Amazon's history. Workers at three other Amazon warehouses have voted against unionizing.
The NLRB has issued scores of complaints accusing Amazon of illegal union-busting tactics during those campaigns, including firing union supporters, making threats, and holding mandatory anti-union meetings. Amazon has denied wrongdoing.
The labor board in August upheld the results of the JFK8 election and is now considering claims that Amazon has illegally refused to engage in bargaining.
The company last week asked the 5th Circuit to take up its case after U.S. District Judge Xavier Rodriguez in San Antonio delayed in ruling on the company's motion for a preliminary injunction blocking the NLRB case.
Amazon said that because the NLRB could rule at any time, Rodriguez had effectively denied the company an injunction by not ruling more quickly.
Rodriguez then denied Amazon's motion on Sunday, while granting the NLRB's motion to transfer the lawsuit out of his Texas court. Rodriguez said the case belongs in federal court in Washington, D.C., where the NLRB is based and will decide Amazon's case, but stayed his decision pending an appeal by the company.
Amazon in a letter to the 5th Circuit on Monday said Rodriguez lacked jurisdiction to issue the ruling because the company had already filed an appeal.
The 5th Circuit panel included Circuit Judges Jerry Smith and Kurt Engelhardt, who are appointees of Republican presidents.
Circuit Judge James Graves, who was appointed by Democratic former President Barack Obama, dissented from the stay, saying the court should wait until Amazon appeals Rodriguez's decision.
The case is Amazon.com Services v. NLRB, 5th U.S. Circuit Court of Appeals, No. 24-50761.
For Amazon: Kurt Larkin and Amber Rogers of Hunton Andrews Kurth
For the NLRB: Tyler Wiese
Read more:
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Amazon loses challenge to union's election win at NYC warehouse
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Reporting by Daniel Wiessner in Albany, New York
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