A judge has ordered that Amazon must reinstate a former warehouse employee who was sacked in the early days of the pandemic, claiming the business “unlawfully” removed the worker for leading a protest demanding that Amazon do more to protect employees from COVID-19.
Gerald Bryson, who worked at an Amazon warehouse in the Staten Island borough of New York City, has been involved in a labour dispute since June 2020, when he filed an unfair labour practise complaint with the National Labor Relations Board, alleging that Amazon had retaliated against him.
Bryson’s complaint that Amazon illegally fired him for workplace organising was upheld by the NLRB later that year.
The federal board filed a formal complaint against Amazon after it refused to accept the results, beginning a lengthy administrative court process.
On Monday, administrative law judge Benjamin Green ruled that Amazon must reinstate Bryson’s work, as well as compensate him for missed salary and benefits as a result of his “discriminatory termination.” The verdict will be appealed, according to Amazon spokesman Kelly Nantel.
“We strongly disagree with this decision and are startled that the NLRB would expect any employer to tolerate Mr. Bryson’s conduct,” Nantel stated. “Mr. Bryson was dismissed for using a bullhorn in front of the workplace to intimidate, curse, and defame a female coworker.
We will pursue an NLRB appeal because we will not allow such behaviour in our workplace.”
Bryson initially took part in a March 2020 protest about working conditions led by Chris Smalls, another Amazon warehouse employee who was dismissed and now leads the Amazon Labor Union, a new organisation that won a union election at the Amazon plant where both men worked earlier this month.
After Smalls was dismissed, Bryson staged another protest in front of the warehouse in April 2020. Bryson got into an argument with another worker while on the job during the demonstration.
After breaking Amazon’s vulgar-language policy, he was dismissed.
The argument between Bryson and a female employee is detailed in court documents. During a heated conversation that lasted many minutes, both Bryson and the lady used profanities, according to a tape provided by the NLRB.
According to the agency’s report, the lady initiated the conversation and twice attempted to draw Bryson into a physical conflict with her, which he avoided. A “first warning” was issued to the woman.
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