Employer found to be 'manipulating its hiring needs to defeat the union's organizing drive'
Amazon has lost its bid to overturn a previous British Columbia Labour Relations Board ruling that found it engaged in unfair labour practices during a union drive.
The dispute began when Unifor, Local 114, applied for certification in April 2024, then reapplied in May after an initial withdrawal. During this period, Amazon added at least 64 employees to its workforce.
The union alleged that this hiring surge was “unprecedented, fraudulent, and unnecessary,” and designed to undermine the union’s organizing efforts. Evidence presented included internal communications indicating Amazon was “working on driving volume” and urgently hiring without a clear business justification, with hiring decisions linked to the timing of the union certification vote.
The original panel found that Amazon’s hiring spree was intended to pad the employee list and defeat the union’s application, in violation of Section 6(1) of the Labour Relations Code. The panel also determined that Amazon engaged in a “lengthy and pervasive anti-union campaign,” including increased management presence, one-on-one meetings, anti-union messaging, and inducements such as relaxed policies and incentives.
While some of these actions might have been protected as employer free speech, the Board concluded that, taken as a whole, Amazon’s conduct was intimidating, coercive, and interfered with employees’ right to freely decide on unionization.
Amazon sought leave for reconsideration, arguing that its hiring was justified by operational needs and that its conduct was protected under the Code. The company also claimed that the Board’s decision to grant remedial certification was a fundamental departure from established jurisprudence.
“The Original Decision finds the Employer breached the Code in two ways: by manipulating its hiring needs to defeat the Union’s organizing drive and by engaging in a ‘pervasive anti-union campaign’ in the operation,” reads part of the decision.
“We note the Employer does not seriously challenge the Original Decision’s findings of fact in this regard. Rather, it says the Original Decision draws the wrong legal conclusions from them.”
The B.C Labour Board concluded that remedial certification was necessary to preserve employee free choice, as lesser remedies would not be adequate given the extent of Amazon’s conduct. The application for leave and reconsideration was dismissed, and the stay of proceedings was declared moot.
Meanwhile, Unifor National President Lana Payne noted that the decision stands as a message to employers to not interfere with the unionization process
“Workers at all Amazon facilities deserve to be protected by a union, and we will continue to defend workers during collective bargaining and beyond.”
Company spokesperson Eileen Hards said that Amazon plans to appeal the decision again and "will determine the right next steps" once there's a final decision on the appeal, according to a CBC report.
There have been numerous unionisation drives at Amazon workplaces in different parts of the country, and the employer has faced numerous issues related to these drives.
In 2024, workers at Amazon’s Laval warehouse in Quebec were allowed to unionize.
