Question

Facts:

Christian Smalls was an employee for five (5) years at the Amazon Fulfillment Center, Staten Island, New York. Mr. Smalls was in a management level position with a job title of Process Assistant. He was terminated on Monday, March 30, 2020, for “violating social distancing guidelines and putting the safety of others at risk.” All Amazon employees are at-will workers.

On March 13, 2020, the Staten Island Fulfillment Center began taking the temperature of all employees reporting to work as a precaution against COVID-19. Barbara Chandler is an Amazon employee at the Staten Island Fulfillment Center and has the title of Associate. Ms. Chandler was supervised by Mr. Smalls. Ms. Chandler reported to work on Tuesday, March 24th after having been tested for COVID-19 (Corona Virus) on Monday, March 23. She had not received the test results, did not have a fever, but definitely was not feeling well.

Mr. Smalls observed that Ms. Chandler did not appear well. She informed Mr. Smalls that she had been tested for COVID-19 and he told her to go home. Ms. Chandler received a positive COVID-19 test result on Wednesday, March 25th and informed the company. At that point, Amazon told Mr. Smalls about the positive result and sent him home to self-quarantine for fourteen (14) days, with pay. This was based on his contact with Ms. Chandler. None of Ms. Chandler’s co-workers were sent home to self-quarantine.

Mr. Smalls did not report to work. He did, however, organize and attend a protest with other workers in front of the Staten Island Fulfillment Center on Monday, March 30. There were two issues that the workers wanted Amazon to address: (1) to temporarily shut down the Fulfillment Center for a deep cleaning because at least one worker was known to have tested positive for COVID-19; and (2) to provide paid sick leave for employees who had not reported to work during the month of March because they were vulnerable based on age or preexisting condition if they were in contact with COVID-19.

After the protest, on Monday, March 30, Amazon terminated Mr. Smalls for “violating social distancing guidelines and putting the safety of others at risk” by coming to the Fulfillment Center for the protest and violating self-quarantine conditions. When asked about Mr. Smalls’ termination, Amazon stated: “Our employees are heroes fighting for their community and helping people get critical items they need in this crisis.” Further, “[w]e have taken extreme measures to keep people safe, tripling down on deep cleaning, procuring safety supplies that are available, and changing processes to ensure employees in our buildings are keeping safe distances.” Evie Fordham, FOX Business, March 30, 2020..

Provide an IRAC (Issue, Rule, Analysis, and Conclusion) analysis based on the above facts. Please check also National Labor Relations Act site for more information. There are no other materials or research needed to analyze this situation.

Using the IRAC structure and the facts stated above, provide an analysis of any and all charges that Mr. Smalls could file with the National Labor Relations Board. Be sure to include the following in the analysis:

• Identify the section(s) of the National Labor Relations Act that Mr. Smalls would charge and the facts to support each charge;

• Explain Amazon's response to each charge;

• Explain your conclusions as to whether Mr. Smalls can prove any Unfair Labor Practice against Amazon.

Answer 1

Issue: Mr. Small was terminated from services at Staten Island Fulfillment Center citing charges of violating social distancing guidelines and putting the safety of others at risk. after he organized a protest asking Amazon to close the fulfillment center for deep cleaning and provide sick to the employees who did not report to work as a result of being in contact with the one COVID-19 patient.

Rule:

Section 8(a)(1) -  This includes freedom of association, mutual aid or protection, self-organization, to form, join, or assist labor organizations, to bargain collectively for wages and working conditions through representatives of their own choosing, and to engage in other protected concerted activities with or without a union.

Section 10 (29) - The NLRB is empowered to prevent unfair labor practices, which may ultimately be reviewed by the courts.

Analysis:

Mr. Small staged a protest against Amazon asking it to close down the Fulfillment Center after which he was terminated. Amazon terminated Mr. Small on grounds of violating social distancing guidelines and putting the safety of others at risk.

Amazon responded by stating that they are taking 3-fold precautions for keeping the employees safe from the Virus. They have started by tripling down on deep cleaning, procuring safety supplies that are available, and changing processes to ensure employees in our buildings are keeping safe distances.

Conclusion:

Mr. Small staged the protest against amazon with demands that were valid, looking at the spread of the pandemic. He should be able to prove the violation against Section 8(a)(1) in the court.