Amazon Must Reinstate Ex-Employee Fired During COVID-19 Pandemic, Judge Orders

A judge ordered Amazon to reinstate a former warehouse employee who got terminated during the early days of the COVID-19 pandemic as the company fired the worker "unlawfully."

The employee had led a protest calling for Amazon to further protect its employees against COVID-19 infections.

Administrative law judge Benjamin Green ruled on Monday that Amazon must reinstate Bryson's job, as well as compensate him for missed salary and benefits as a result of his "discriminatory" termination, CBS News reported.

Gerald Bryson, who worked at an Amazon warehouse in the Staten Island borough of New York City, has been involved in a labor dispute since June 2020, when he submitted an unfair labor practice complaint with the National Labor Relations Board (NLRB), alleging that Amazon had retaliated towards him.

Bryson's complaint that Amazon illegally fired him for workplace organizing was upheld by the NLRB later that year. The federal board filed a formal complaint against Amazon after refusing to accept the results, beginning a lengthy administrative court process.

Amazon Will Appeal The Ruling

Amazon spokesperson Kelly Nantel said Monday that the company will appeal as it "strongly" disagrees with the ruling and got "surprised" that the NLRB "would want an employer to condone Mr. Bryson's behavior."

She said that Bryson was fired due to "bullying, cursing, and defaming" a female co-worker "over a bullhorn in front of the workplace," which Amazon does not tolerate, as reported by ABC News.

Bryson initially took part in a March 2020 demonstration over working conditions led by Chris Smalls, another Amazon warehouse employee who was terminated and now leads the Amazon Labor Union, a new organization that won a union election at the Amazon site where both men worked earlier this month.

After Smalls was fired, Bryson staged another protest in front of the warehouse in April 2020. Bryson got into an altercation with another worker while on the job during the demonstration. After breaking Amazon's vulgar-language policy, he was terminated.

Court filings give an account of the altercation between Bryson and a female employee. A recording of their dispute detailed by the NLRB showed both Bryson and the woman using profanities during a heated exchange that lasted several minutes, per US News report.

The agency's account shows the woman began the exchange and twice tried to provoke Bryson into a physical altercation with her, which he did not enter into. The woman was given a "first warning."

The judge said in his decision that Amazon rushed to judgment and pursued a "skewed investigation" into the argument designed to blame only Bryson for that incident, adding the company wanted to discharge Bryson for his "protected concerted activity instead of fairly evaluating" what happened.

The conflict between Bryson and a female employee is detailed in court documents. During a heated conversation that lasted many minutes, both Bryson and the woman used profanities, according to a tape provided by the NLRB.

According to the board's report, the woman initiated the argument and twice attempted to provoke Bryson into a physical conflict with her, which he resisted. A "first warning" was issued to the woman.

The court says Amazon rushed to judgment and conducted a "skewed" probe into the case to single out Bryson for blame. The company intended to fire Bryson for his "protected concerted activity" rather than properly examining the incident.

Amazon Wants Labor Union Victory Quashed

In a separate case, the labor board sued Amazon in federal court last month, requesting that a judge force the corporation to reinstate Mr. Bryson because its "serious flouting" of the safeguards would "remain unchecked" otherwise. According to The New York Times, the case is still ongoing.

Amazon claimed the labor department was biased when it asked a federal judge to intervene before the JFK8 union election. The firm has referenced Mr. Bryson's case as the main cause why the union's victory should be quashed.

The Amazon Labor Union, which won the ballot at JFK8, will face a second vote at a nearby warehouse in late April.

The agency's five-member board will hear Amazon's appeal of Monday's order. If it loses there, it has the option of appealing the decision in federal court.