Judge denies early relief to Amazon Labor Union reformers

BROOKLYN (CN) — Urging members of Amazon Labor Union to work out a leadership dispute amongst themselves, a federal judge on Thursday declined to grant a temporary restraining order requested by the faction of the group suing its president. 

Several dozen members filed the lawsuit on Monday accusing Chris Smalls, the ALU’s first and current president, of hand-picking an executive board that has hijacked union operations by unilaterally amending the constitution and refusing to hold an election. 

The plaintiffs had asked U.S. District Judge Ann Donnelly to restrict union leaders from retaliating against or disciplining members who filed the lawsuit, citing text messages from Smalls threatening to take legal action against those pushing to reform the group. 

In one, Smalls calls the reform effort “bogus” and writes that “legal action will be taken [against] anyone who uses ALU under false pretenses so once again you’ve been warned.”

The messages, Donnelly said, could just as easily be read as saying the union will take action if members violate the law. 

“At this point, I can’t grant injunctive relief based on mere surmise,” Donnelly said.

While she did not entertain a preliminary injunction motion asking her to order an election, Donnelly outlined her questions about the request, including whether the nature of the demand is a dispute over elections or the union constitution. The latter, a contracts issue, may not belong in her courtroom, Donnelly said.

The union of more than 8,000 is the first in the United States representing Amazon workers, formed by employees at the Staten Island facility where Smalls worked until he was fired after leading a March 2020 walkout in protest of inadequate Covid-19 protections. 

Smalls was among the union members that filled several rows of the courtroom Thursday. A handful of plaintiffs sat on the other side of the courtroom. 

Attorneys for the union said following the hearing that they’d still like to handle the dispute internally, noting that they still represent the plaintiffs on union matters and feel no animus toward the plaintiffs. 

“It just seems like a lot of paper for nothing. The real key is that the parties need to work together,” said ALU attorney Seth Goldstein. “They’re stronger together, you know. We’re all friends.” 

The plaintiffs’ attorney, Arthur Schwartz, says his clients have exhausted their options for internal resolution and decided to file the lawsuit after the union backed out of previous mediation efforts. 

“We tried to mediate, they don’t want to mediate, and they seem pretty dug in on the position they’re taking,” Schwartz said, that a new election doesn’t need to take place until the union comes to an agreement with Amazon. That could be years down the road, the attorney pointed out. 

Schwartz was not surprised by Donnelly’s denial of his motion, he said following the hearing, but wanted to get into court to get a briefing schedule set out for the preliminary injunction request — though he had hoped for earlier deadlines. 

Donnelly meanwhile would prefer not to hear as much from either party. 

“I have gotten so many flings on this case that you might have set a record,” Donnelly said, for the most papers filed in her court in the shortest period of time. That was in addition to multiple calls to her chambers.

“If everybody called me all the time, I wouldn’t get any work done,” the judge said politely. “Don’t call me anymore.”

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