A ruling by the NLRB that workers in Alabama get a second shot at unionizing comes after claims the ecommerce giant pressured and intimidated workers during an earlier vote

Amazon.com Inc. employees in Bessemer, Alabama, will vote by mail next month in a re-run election on whether to unionize, the National Labor Relations Board announced Tuesday.

Ballots will be mailed out Feb. 4 and must be received back before the counting begins on March 28, the agency said in an election notice.

The do-over comes as Amazon grapples with unprecedented labor unrest. A fledgling union founded by former and current Amazon workers is trying to unionize four facilities in Staten Island. Meanwhile, the Teamsters are looking to organize facilities in Canada.

The Retail, Wholesale and Department Store Union, an affiliate of the United Food and Commercial Workers union, was defeated in a vote last year. But it appealed the results, alleging Amazon intimidated workers and pressured them to cast votes in a mailbox the company had installed in a tent on its property in view of security cameras. Amazon has denied the allegations.

The company handily won the previous election, which was held in early 2021. Of the more than 3,000 ballots cast, Amazon garnered 1,798 nos, and the union won 738 yeses. While federal officials set aside 505 contested ballots — most of them disputed by Amazon, according to the RWDSU — there weren’t enough of those to change the result.

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“Our employees have always had the choice of whether or not to join a union, and they overwhelmingly chose not to join the RWDSU last year,”  Amazon spokesperson Barbara M. Agrait said in an email Tuesday. “We look forward to our team in BHM1 having their voices heard again.”

Alabama wages may make union a tough sell

It’s by no means certain that the union will prevail in the second vote. Union membership has been a tough sell in Bessemer, where Amazon’s wages and health benefits go much further than they do in pricier cities such as New York.

The RWDSU could benefit from a settlement the company reached in December with the NLRB that prohibits practices Amazon has allegedly used to make it more difficult for workers to organize. Under the deal, the company must inform past and current workers of their rights and is restricted from interfering with organizing on company property after hours.

Still, Amazon is expected to campaign fiercely, and the union said it was “deeply concerned” that the new election wouldn’t be fair.

The regional director opted for another mail-in election even though both the company and the union had proposed in-person balloting. “This is the safest and most appropriate method of conducting a prompt election in view of the extraordinary circumstances presented by the pandemic,” she wrote in the ruling, obtained via a Freedom of Information Act request.

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Citing the availability of Covid-19 vaccines, Amazon had suggested that employees vote in a tent that it would erect on its property. The union wanted the election held in person at the Bessemer Civic Center.

The ruling also said the U.S. Postal Service will have moved the controversial mailbox to a different “neutral” location on Amazon’s property away from the entrance and that neither side can put up any tent or sign near it or make any sort of “statement to voters concerning use of the mailbox for the purposes of this election.”

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