On Monday, an administrative law judge ruled that Amazon must reinstate a former warehouse employee from Staten Island, New York after he was fired in 2020 for protesting the working conditions during the COVID-19 pandemic.
The former employee, Gerald Bryson, filed an unfair labor practice complaint with The National Labor Relations Board in June 2020 as he argued that Amazon retaliated against him, according to CBS News.
The NLRB found merit in his complaint, and took the case last month, agreeing that "he was fired in retaliation for protesting safety conditions," according to CNBC.
Administrative law judge Benjamin Green ruled that Amazon must offer Bryson his job back, including lost wages and benefits "resulting from his discriminatory discharge."
Bryson led a protest in April 2020 at the warehouse, and while he was off the job at the protest, he got into an argument with another employee. Amazon fired him for violating their vulgar-language policy.
The other employee was not fired for the interaction, as Green said that Amazon rushed into firing him and conducted a "skewed investigation" with the goal of only firing him.
The judge pointed out that Amazon "failed to explain why her conduct was meaningfully different than the conduct of Bryson."
An Amazon spokesperson said in a statement that they disagree with the NLRB and the judge's ruling, and plan to appeal the decision.
"We strongly disagree with this ruling and are surprised the NLRB would want any employer to condone Mr. Bryson’s behavior," Amazon spokesperson Kelly Nantel said in a statement. "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 and intend to file an appeal with the NLRB."
Bryson spoke to The New York Times after the judge's ruling, and said that his case "will show that Amazon can be beat."
"For me to win and walk back through those doors changes everything," Bryson said. "It will show that Amazon can be beat. It will show you have to fight for what you believe in."
Bryson has since been active in helping organize the Amazon Labor Union, which won their vote earlier this month at the JFK8 warehouse where he was employed.
"I feel a big relief," Bryson said. "I am a symbol that you can beat Amazon if you stand up to them and know your rights. I'm a symbol of why we need the ALU [Amazon Labor Union]. This would’ve never happened to me if we had a union in there."
Amazon has spoken out against the union, and has said that they believe the NLRB's efforts to get Bryson his job back affected the labor election votes. If Amazon loses it's appeal of Bryson's case, then they can challenge the result in federal court, per the New York Times.
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