04/19/2024: Amazon Settles With Unlawfully Fired Worker for Over $42,000

A non-board settlement agreement was accepted over the objections of the General Counsel.

Amazon.com Services, LLC, 09-CA-298870 (Unpublished Board Decision)

The underlying charge alleges that Amazon unlawfully surveilled, disciplined, and terminated an employee for engaging in union activities. The General Counsel and Amazon entered into settlement negotiations over the charge, but those negotiations reached an impasse because Amazon insisted on including a clause stating that it does not admit to violating the NLRA and a clause stating that the agreement is non-precedential in the sense that it only applies to this particular employee in this particular proceeding.

Amazon then entered into a non-board settlement directly with the terminated employee that included those two clauses in it. The agreement also provided for backpay, front pay, and interest apparently exceeding $42,000 and notice posting. The General Counsel disapproved of this agreement also, but the administrative law judge (ALJ) approved it over the General Counsel’s objections.

In the above-linked document, the Board rules on the General Counsel’s appeal of this ALJ decision. The Board concludes that the ALJ did not abuse his discretion when accepting the non-board settlement agreement.

Con-Vey, LLC, 19-RD-333981 (Regional Election Decision)

The Regional Director dismissed a petition seeking to decertify the union as the representative of the bargaining unit. The reason for doing so was that a complaint has already been issued against the employer alleging extensive unfair labor practices (ULPs). Because the employer’s ULPs likely caused the employee disaffection underlying the decertification petition, the petition must be dismissed. Separately, because the Region is seeking a bargaining order in the ULP proceeding, the decertification must be dismissed.