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  1. Topics & Tools
  2. Employment Law & Compliance
  3. Amazon Ordered to Reinstate Fired Worker
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News

Amazon Ordered to Reinstate Fired Worker

April 25, 2022 | Allen Smith, J.D.

A building with an amazon sign in front of it.


​Amazon must reinstate a worker in Staten Island, N.Y., who was fired after a protest over coronavirus safety measures, a National Labor Relations Board (NLRB) administrative law judge decided. We've gathered articles on the news from SHRM Online and other media outlets.

Verbal Altercation

The case centers on an argument during the early days of the pandemic. On April 6, 2020, Gerald Bryson was protesting outside an Amazon warehouse, known as JFK8, and said it should be shut down for safety reasons. Another worker said the facility should remain open, noting that she was grateful for the extra pay she got during the pandemic. The two exchanged insults, but only Bryson was fired. His co-worker received a written warning.

(The New York Times)

Judge's Ruling

Administrative law judge Benjamin Green said Amazon must offer Bryson his job back, as well as lost wages and benefits resulting from his "discriminatory discharge."

(AP)

'Skewed Investigation'

Green said there was "considerable evidence that [Amazon's] stated reason for discharging Bryson was mere pretext." Amazon conducted a "skewed investigation" into the incident, according to Green. He said Amazon interviewed selective sources and issued a biased judgment even though the company didn't show how the two employees' conduct was "meaningfully different."

(The Verge)

Amazon's Statement

Amazon spokesperson Kelly Nantel said in a statement that the company will appeal the decision. "We strongly disagree with this ruling and are surprised the NLRB would want any employer to condone Mr. Bryson's behavior," Nantel said. "Mr. Bryson was fired for bullying, cursing at and defaming a female co-worker over a bullhorn in front of the workplace. We do not tolerate that type of conduct in our workplace."

(CBS News)

JFK8 Voted to Unionize

After a grassroots union's victory over Amazon during a unionization vote in the JFK8 warehouse, some tough decisions lie ahead for the company, including how it will respond to the conditions that allegedly resulted in the unionization vote. The organizing drive was led by another fired Amazon worker, Christian Smalls, who was reportedly let go after he organized a walkout.

(SHRM Online)

ESG, Ethics & Compliance
Labor Unions


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