Friday, March 17, 2023

"Saints and Begorrah!" Faced With Discovery Sanctions At NLRB, Amazon Moves To Settle A Passel Of Its Unfair Labor Charges


[Another of our once a month "look-ins", on Amazon's atrocious labor practices -- and their longer-term consequences. This month: good news, for the little guys -- and a call-back, to the US Molly Maguires, of mining labor unrest fame in the 1880s to early 1900s!]

Earlier this month, the Amazon Labor Union lawyers moved for sanctions against Amazon, for foot-dragging on delivering documents, and that motion was joined by the General Counsel of the NLRB Region. As a result, if the court hearing it decided that Amazon had in fact violated the discovery rules, one fairly-likely outcome could be that Amazon could not offer large portions of what would have been management's testimony and documents against the unfair labor practices charges.

So -- wisely, I think -- yesterday, Amazon's lawyers filed a motion to move at least ten cases to a settlement judge. Essentially, the company realizes. . . it is unlikely to prevail, so it is time to settle. We will let you know when / if that motion to go to settlement judge proceedings is granted -- but I do expect it will be. Here's the latest, filed yesterday:

. . .Pursuant to Section 102.35(b) of the Board’s Rules and Regulations, Respondent Amazon.com Services LLC (hereinafter the “Respondent”) hereby requests the appointment of a settlement judge other than the trial judge in order to more efficiently resolve the ongoing litigation contained in the above-captioned cases as well as the allegations contained in Consolidated Case Nos. 29-CA-280153, 29-CA-286577, 29-CA-287614, 29-CA-290880, 29-CA-292392, 29-CA-295663 and Consolidated Case Nos. 29-CA-292844, 29 CA-293838, 29-CA-294857, and 29-CA-299139. Respondent hereby requests an opportunity to present oral argument regarding this Request at the earliest convenience of the ALJ and parties to this case. . . .


Now you know. And since Amazon is the moving party -- if a settlement is reached, Amazon will have to waive any right to appeal the outcome. That's good news, for us stateside Molly Maguires. Okay. . . time to go make some green-dyed mashed potatoes -- to go with green-dyed chicken for dinner! Éire go Brách. . . Hah!



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