Our Fight Against Retaliation: Using the NLRB as a Tool for Organizing

Back in April 2020, management retaliated against us for going on safety strike to demand coronavirus protections for all DCH1 workers. Under the leadership of Site Lead Domonic Wilkerson, management disciplined 18 workers who participated in protected concerted activity with write-ups and verbal warnings. This was unlawful and in direct violation of the National Labor Relations Act, Section 8(a)(1).

Since then we have filed 7 Unfair Labor Practice charges against Amazon with the NLRB, representing all workers who were unlawfully targeted. We know for a fact that it was targeted retaliation because management disciplined us for supposed policy violations (badge scans, social distancing) while ignoring the same violations around the same time from workers who did not participate in the safety strikes. To be clear, none of us should be disciplined for these bogus reasons. Managers at our facility routinely violate these policies themselves, and were in violation during the exact moment that they were warning us about those policies during our safety strike. You can’t make this stuff up.

We provided the NLRB with all of the details and important context in sworn affidavits describing our actions and management’s retaliation, and we understand that the NLRB can request reports & security logs from Amazon that will corroborate our statements. The evidence is explicit and overwhelmingly in support of our case, and we are fully expecting a decision in our favor. But there’s been a shift in the NLRB bureaucracy that is delaying the decision.

We’ve been informed by our regional NLRB office that our case has been passed onto the NLRB DC office for review & final decision, a move recently made by the DC office to consolidate their control over all NLRB cases relating to COVID-19. Given the current NLRB DC board (all Trump appointees) and their recent efforts to reduce workers’ rights and impede worker unionization efforts, we’re not holding our breaths for that decision- even with compelling evidence, we’ve heard that the DC office could sit on a case for months or years to sweep them under the rug.

We still encourage fellow workers to leverage the NLRB as a defensive tool and as part of a larger organizing strategy. There’s no question that our charges have given us more breathing room at the warehouse and got management to back off. We know warehouse management doesn’t like corporate breathing down their necks with their lawyers having to defend & coach them about their unlawful behavior. While managers are worried about keeping their jobs, we have more room to get organized.

This process is also useful for educating ourselves and our coworkers about our rights as workers, and to demonstrate to coworkers (and management) that we know our rights and will fight to protect them. Most coworkers want to improve our working conditions & pay, but some are afraid to get organized because they don’t know that we in fact have a legal right to organize- and that it is illegal for management to retaliate or fire them for participating in organizing, signing a petition, or going on safety strike. Building unity and confidence takes time, and efforts like these are ways to educate ourselves in the process.

This all is yet another reminder that as workers, we must organize and protect ourselves. No government agencies, politicians, media, or outside groups are coming to save us. We save ourselves. Message us on Facebook or email us at DCH1United@gmail.com if you want to talk about how you can defend your rights and get organized too!

-DCH1 Amazonians United