Facing complaints to the National Labor Relations Board filed by workers at an East Point warehouse, Amazon is seeking dismissal of charges accusing it of unfair labor practices.
In its filling, Amazon drew on new legal precedent set in a recent Supreme Court ruling that stands to significantly limit federal agencies’ administrative powers for enforcement.
Amazon employees Ron Sewell and Nancy Regimbal in May 2023 complained to the company on behalf of employees about their “terms and conditions of employment,” according to their complaints filed with the NLRB.
Both were issued disciplinary notices in June 2023, according to the complaints, which allege Amazon was interfering with employees’ exercise of their right to organize.
In a June filing by the NLRB, a hearing in the case was set for Oct. 16.
In a response filed last month, Amazon denied some of the allegations and denied that it committed any unfair labor practices. It also filed for dismissal of the complaint.
“Amazon has not interfered with, restrained or coerced any employee in the exercise of any rights that they have” under the National Labor Relations Act, according to the filing. It said the conduct that led to the discipline was not the type of activity protected from employer retaliation by federal labor law and that the discipline expired last year.
Amazon’s filing also alleged that the NLRB’s procedures violate the U.S. Constitution, because they “will involve the exercise of significant authority by an Officer of the United States who is improperly insulated from the President’s removal power” and violate the separation of powers established in the Constitution and the guarantee of due process.
The NLRB declined to comment. Amazon did not respond to a request for comment.
It’s not the first time workers at the East Point facility have filed complaints against Amazon. In 2022, two workers alleged Amazon terminated them after the submission of a petition calling for higher pay. Those charges were dismissed.
Amazon’s filing comes after the Supreme Court in June ruled in a Securities and Exchange Commission case that the Seventh Amendment of the Constitution limited the SEC’s powers in administrative proceedings. The decision also more broadly called into question the constitutionality of other federal administrative proceedings.
The Supreme Court said the Seventh Amendment, which guarantees jury trials, required jury trials in federal court for civil matters the agency was handling administratively.
Legal experts have warned that the ruling could prompt companies to contest a variety of administrative proceedings, reaching far beyond the SEC.
The high court also in June issued a decision that reined in federal agencies’ authority by striking down the so-called Chevron doctrine, which had given agencies leeway to translate laws into regulatory guidelines.
In the last several weeks, there have been other constitutional challenges to NLRB administrative cases.
Bianca Agustin, co-executive director of a labor activist group called United for Respect that is working with local Amazon workers, said people at the Amazon facility in East Point “have been fighting for better wages, stronger safety measures, and more respect on the job.”
“Now we’re seeing a concerted effort by major U.S. corporations to dismantle federal agencies, with Amazon trying to argue that the company should not be held responsible for egregious labor violations by claiming the NLRB — which has had the authority to protect workers and hold companies accountable for nearly 100 years — is unconstitutional,” Agustin added.
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