Amazon cannot just change its rules into activism, NLRB finds suggestions

Amazon workers are starting to rally for the Spheres and join the climate strike on Friday, September 20, 2019 in Seattle.

Amazon workers are starting to rally for the Spheres and join the climate strike on Friday, September 20, 2019 in Seattle.
Photo Elaine Thompson AP

Amazon’s laundry list of fired organizers has grown a suspiciously long, and the National Labor Relations Board has noted this.

An NLRB regional director has found credit for the claims of two activists who falsely claim Amazon laid off them last year. From 2019-2020, user experience designers Emily Cunningham and Maren Costa advocated prominently climate justice and the safety of warehouse workers, along with thousands of other employees. Along with their protests – in particular to call on AWS for facilitate oil and gas extraction – Amazon tightened his rules about the employee’s speech. Amazon later used the rules to justify threats to fire Cunningham and Costa.

NLRB does not provide any details about the regional director’s findings. But if the case involves changing the rules, it’s exceptional: it suggests Amazon can’t simply rearrange its policies to silence protests.

First the New York Times reported the news Monday

If Amazon refuses to settle with its former employees, the matter will move to a hearing, which could eventually be heard in court.

Cunningham and Costa defied Amazon’s order to remain silent, arguing that the issue replaces Amazon’s public relations policy. “I voted because I am terrified of the damage the climate crisis is already doing, and I fear for the future of my children,” said Costa told the Washington Post in January. (A Gizmodo Review Internal documents showed Amazon dropped plans to develop wind farms in 2019 while pursuing deals with the fossil fuel industry.)

Amazon has been consistent spoke a great game about pollution reduction and washed his hands with commitments and philanthropy. It even went so far as to be one big butt sign on an arena to remind us that we care. Meanwhile emissions rose in 2019, not recycled cardboard piled up, and the business went on cozy together with Big Oil

As public leaders of the 8,700-member Amazon Employees for Climate Justice group, Costa and Cunningham spoke publicly in protests, shareholder meetings, on Twitter and in the media. In April 2019, AEJC published a open letter to Jeff Bezos who demands that the company commit to establishing a timeline for its 100% renewable energy goals, eliminating emissions instead of relying on carbon credits, stop providing technology for oil and gas companies, and donations to members of Congress who consistently vote against progressive climate policies.

In September 2019 AECJ announced that about 1,800 Amazon employees have committed to walk away in solidarity with the global climate strike. When Amazon got wind of the event, it banned employees from having unsanctioned conversations about the company with the media. In January 2020, Amazon threatened to fire Costa and Cunningham. They popped up in a Bernie Sanders video and spoke to the Washington Post about it though.

“It is our moral responsibility to speak up – regardless of Amazon’s attempt to censor us – especially when the climate poses such an unprecedented threat to humanity,” Costa told the Post

Amazon finally fired Cunningham and Costa in April 2020, shortly after inviting warehouse workers and engineering teams to a video conference(A. several weeks previously, Cunningham and Costa had tweeted that they would double donations of up to $ 500 for warehouse workers at higher risk of contracting Covid-19.) told the New York Times that it fired them for “violating internal policies.”

In a statement shared with Earther, an Amazon spokesperson argued that the company had not fired Costa and Cunningham for speaking out but again, for unspecified “internal policies”.

“We support the right of any employee to criticize their employer’s working conditions, but that does not come with general immunity from our internal policies, all of which are legal,” they said. “We did not terminate these employees because they publicly talked about working conditions, safety or sustainability, but because they repeatedly violated internal policies.” We asked Amazon for clarification.

If Amazon does not reach a settlement, the regional director of the NRLB will file a complaint and the case will continue with a hearing with an administrative judge. If Amazon loses, the judge can award arrears or force Amazon to offer Costa and Cunningham back their jobs. If Amazon wants to drag this on, it can ask the NLRB to rule, and then possibly go to the court of appeal, and even the Supreme Court.

After their resignation, Cunningham and Costa have continued to put pressure on Amazon on climate and organization. Costa spoke on Amazon’s May 2020 shareholders meeting, and Cunningham led an attempt at it support the Amazon Union in Bessemer, Alabama.

After Amazon’s frontline workers across the country protested alleged inadequate covid-19 safeguards, a growing chorus demanded that Amazon explain itself for usually wiping out organizers. A group of Democratic senators Amazon called to explain a wave of organizers layoffs, and New York Attorney General Letitia James has filed a lawsuit partly related to alleged retaliation against two protesters. Motherboard reported on an attempted smear campaign against a protest leader, as well numerous attempts to stamp out an attempt at unionization. The NLRB has found it previously dismissed complaints from organizers legitimate

Last week NBC News discovered that At least 37 complaints have been filed with the NLRB accusing Amazon of stifling attempts at organization. The Bureau confirmed to Earther that it is investigating several cases in Brooklyn, which could lead to a consolidated nationwide investigation.

This is bigger than a few allegations. If we want to avoid a catastrophe, workers need a chair at the negotiating table alongside a few uber-rich guys who can pick out investments in the global future.

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