The NLRB filed a complaint against Amazon for not negotiating with a union that hadn't won an election.

Senior Vice President, Employment Policy Division, U.S. Chamber of Commerce

Published

April 23, 2025

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On April 21, a Regional Director of the National Labor Relations Board (NLRB) filed a complaint against Amazon for failing to negotiate a first contract with a union that had not won an election amongst its workers. Not only had the union not won an election, no election had even been held.

That the NLRB decided to file a complaint anyway highlights one of the great legal travesties of the Biden years — specifically a Board decision called Cemex. Cemex overturned the traditional method of determining workers’ views on unionizing and replaced it with a process that is completely arbitrary, promotes unreliable “card check” procedures, and tramples on the democratic rights of workers.

Prior to Cemex, if a union wished to represent a group of employees, it typically would gather signature cards from workers until it had a majority. At that point, the union would ask the employer to grant recognition and start collective bargaining. However, because the Supreme Court — and other courts as well as the Board — has found that card check campaigns are inferior to secret ballot elections as a means of measuring workers’ opinions, employers did not have to recognize a union based merely on cards. Instead, the union would have to ask for, and win, an election run by the NLRB.

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