Amazon and consultants for the company violated federal labor law by interrogating and threatening employees regarding their union activities, and racially disparaging organizers who were seeking to unionize a Staten Island warehouse, a National Labor Relations Board judge ruled.
The NLRB said Friday that Administrative Law Judge Lauren Esposito found Amazon “committed multiple violations” of federal labor law at its largest warehouse in New York, called JFK8, between May and October 2021, a period that saw an increase in organizing activity.
In April 2022, employees voted to join the Amazon Labor Union, a grassroots group of current and former workers, becoming the first unionized Amazon facility in the U.S. Since that victory, the group has been fighting to reach a contract with Amazon.
The judge in New York heard testimony from Amazon employees, managers and labor consultants in virtual hearings that went on for almost a year. Esposito determined Amazon illegally confiscated organizing pamphlets from employees that were being distributed in on-site breakrooms and conducted surveillance of employees’ organizing activities.
Amazon also violated labor laws when it sent an employee at a neighboring facility to JFK8 home early from his shift and changed his work assignments in retaliation for supporting the union, the judge found. The employee, Daequan Smith, sorted packages at a delivery station called DYY6, down the street from JFK8.
Additionally, the judge found that Amazon broke the law when a “union avoidance” consultant, Bradley Moss, who was hired by the company, threatened employees, telling them it would be “futile” to vote to join the ALU. Amazon and other companies often hire labor consultants like Moss, referred to as “persuaders,” to dissuade workers from unionizing. The company spent $14 million on anti-union consultants in 2022, the Huffington Post reported in March, citing disclosure forms filed with the Department of Labor.
As a result of the ruling, Amazon will be required to post notices reminding workers of their rights at its JFK8 and DYY6 facilities. The company also has to make Smith “whole for any loss of earnings and other benefits,” the NLRB said.
In one exchange with a JFK8 employee, Natalie Monarrez, Moss discussed the union campaign at another Amazon facility, BHM1, in Bessemer, Alabama. Monarrez said Moss told her the Bessemer campaign was “not a serious union drive,” but a “Black Lives Matter protest about social injustice.”
“Moss then pointed to the front of the JFK8 warehouse and said, ‘Just like these guys out here, they’re just a bunch of thugs,'” Esposito wrote in her judgment, citing testimony from Monarrez.
Moss and representatives from Amazon didn’t immediately respond to a request for comment.
Employees at BHM1 voted against joining the Retail, Wholesale and Department Store Union in April 2021, but the results of the election were tossed after the NLRB found Amazon improperly interfered in the vote. A do-over election was held last year, but the results remain too close to call.
Amazon’s labor record has been scrutinized heavily, especially as union organizing ramped up in its warehouse and delivery workforce during the Covid pandemic. The company faces 240 open or settled unfair labor practice charges across 26 states, according to the NLRB, concerning a range of allegations, including its conduct around union elections.
The company has also clashed with Chris Smalls, a former Amazon employee and one of the leaders of ALU. A leaked memo obtained by Vice revealed David Zapolsky, Amazon’s general counsel, had referred to Smalls, a Black man, as “not smart or articulate,” and recommended making him “the face” of efforts to organize workers.
Amazon continues to challenge the JFK8 election results, as well as the NLRB and the union’s conduct during the drive. The agency upheld the results of the election in January.
Elon Musk walks on Capitol Hill on the day of a meeting with Senate Republican Leader-elect John Thune (R-SD), in Washington, U.S. December 5, 2024.
Benoit Tessier | Reuters
House Democrats Jim McGovern of Massachusetts and Rosa DeLauro of Connecticut say their Republican colleagues in Congress caved to the demands of Elon Musk, sinking a bipartisan government funding bill that would have regulated U.S. investments in China.
In a series of posts on X, McGovern said more could have been accomplished. The scrapped provision “would have made it easier to keep cutting-edge AI and quantum computing tech — as well as jobs — in America,” he wrote. “But Elon had a problem.”
Tesla, run by Musk, is the only foreign automaker to operate a factory in China without a local joint venture. Tesla also built a battery plant down the street from its Shanghai car factory this year, and aims to develop and sell self-driving vehicle technology in China.
“His bottom line depends on staying in China’s good graces,” McGovern wrote about Musk. “He wants to build an AI data center there too — which could endanger U.S. security. He’s been bending over backwards to ingratiate himself with Chinese leaders.”
SpaceX, Musk’s aerospace and defense contractor, has reportedly withheld its Starlink satellite internet service over Taiwan at the request of Chinese and Russian leaders. Taiwan is a self-ruling democracy that Beijing claims as its territory. Taiwan’s status is one of the biggest flashpoints in U.S.-China relations.
DeLauro, the top Democrat on the House Appropriations Committee, wrote in a letter to Congress on Friday that Musk needs “Chinese government approvals for his company’s projects in the country.” It’s concerning, that Musk “has ingratiated himself with Chinese Communist Party leadership,” she wrote.
In the letter, DeLauro referred to the Tesla and SpaceX CEO as “President” Musk, alluding to the fact that the world’s richest person began railing against the prior funding bill on Wednesday, before President-elect Donald Trump came out with a statement of his own.
Trump had wanted the GOP to sink the bill, and issue a new one that would raise the debt ceiling so he could avoid that fight during the start of his second term in office. The stopgap funding bill, which President Joe Biden signed on Saturday, did not include the two-year suspension of the U.S. debt limit that Trump was seeking.
Musk responded to DeLauro’s concerns by calling her an “awful creature” in a post on X.
After acquiring Twitter in 2022, Musk rebranded it X and used it to help propel Trump back into the White House, becoming a close adviser and major backer to the incoming president along the way.
Musk contributed $277 million to the Trump campaign and other Republican causes during the 2024 cycle, according to Federal Election Commission filings. Since the election in November, Musk has become a nearly constant presence at Trump’s side, including in meetings with foreign leaders.
Trump appointed Musk to co-lead a group that’s not yet formed, but will be tasked with finding ways to cut regulations, personnel and budgets.
Tesla CEO and X owner Elon Musk gestures behind protective glass during a rally for Republican presidential nominee and former U.S. president Donald Trump, at the site of the July assassination attempt against Trump, in Butler, Pennsylvania, U.S., October 5, 2024.
Carlos Barria | Reuters
Tesla CEO Elon Musk, a meagdonor and adviser to President-elect Donald Trump, is now seeking to influence Germany’s election, posting an endorsement on X of the country’s far-right Alternative for Germany (AfD) party.
In a post Thursday night, Musk wrote, “Only the AfD can save Germany.”
Musk, who has over 200 million listed followers on the site that he owns, made the comment while sharing a post from far-right influencer, Naomi Seibt, who claimed that Germany’s “presumptive next chancellor Friedrich Merz (CDU) is horrified by the idea that Germany should follow Elon Musk’s and Javier Milei’s example,” referring to the president of Argentina.
Seibt has a history of promoting white nationalist ideology, The Guardian previously reported, and has denied the validity of scientific consensus around climate change, namely that it’s driven by fossil fuel emissions.
In a post on X, Sen. Chris Murphy (D-Conn.) called Musk an “out of touch billionaire running the incoming Trump Administration” who “enthusiastically supports the neo-Nazi party in Germany.”
“The AfD’s mission is to rehabilitate the image of the Nazi movement,” Murphy wrote. He added that one of the party’s leaders has a license plate that’s “an open tribute to Hitler,” and another “described Judaism as the ‘inner enemy’ in Germany.”
Musk and Tesla’s investor relations team didn’t immediately respond to requests for comment.
On Friday, German Chancellor Olaf Scholz, a center-left Social Democrat, dismissed Musk’s claim that only the far-right party can “save Germany.”
Under Scholz’s leadership, Germany‘s left-wing coalition collapsed in November, and AfD is currently polling in second place ahead of February elections. Throughout Germany, where the AfD has placed highly in state elections, the other parties have generally refused to form coalitions with it.
Far right parties have also gained ground in the Netherlands, Austria, Finland and elsewhere. Many cheered Trump’s election, which Musk helped finance through $277 million in contributions to the campaign and related Republican causes.
Tesla’s stock is up about 75% since Trump’s victory, surpassing its prior all-time high from 2021 last week.
AfD has reportedly criticized Tesla and its factory outside of Berlin. The party claimed many of Tesla’s thousands of workers there commute in from Poland or Berlin, limiting the economic benefits to the local community in Brandeburg.
The AfD generally views electric vehicles as part of an ideological climate movement, and not good for Germany’s auto industry.
Europe has been a tough market for Tesla this year. According to data from the European Automobile Manufacturers Association, sales of Tesla cars declined 40.9% in November, exceeding the overall 9.5% dip in sales of battery electric vehicles.
Elsewhere in Euopre, Musk endorsed right-wing Italian Prime Minister Giorgia Meloni and has voiced support for Nigel Farage in the U.K, a populist politician and head of Reform UK. In South America, Musk endorsed and has a friendship with Argentina’s President Milei, a self-described anarcho-capitalist.
Bitcoin dipped below the $93,000 mark earlier in the day before trading above that price in volatile trade.
By around 8:26 ET, bitcoin was trading at $93,809.39, according to Coin Metrics, down around 8% from 24 hours before when it was priced above $102,000.
The cryptocurrency hit an all-time high above $108,000 just this week, but has since sold off aggressively.
The Federal Reserve rattled markets in recent days, as it signaled fewer interest rate cuts next year. Equity markets took a hit, filtering through to crypto assets.
The price of bitcoin price has more than doubled this year, supported by a number of factors including the launch of spot exchange-traded funds and the U.S. presidential election of Donald Trump. He has pledged pro-crypto policies and his victory at the polls helped propel bitcoin to its latest record high.
With some markets on edge due to the Fed, some of the steam has come out of assets that have seen big gains this year.
Tesla, which has been another big beneficiary of Trump’s win, continued its post-election slide with shares falling on Friday in premarket trade. Other big names like Nvidia were also lower during the session.
Bitcoin’s fall also dragged down other cryptocurrencies. Ether was down around 12%, and XRP plunged 10% from 24 hours prior, at around 8:27 a.m. ET.