Workers at the Amazon fulfillment center in Bessemer will once again be voting on whether to unionize after a administrative law judge said the company committed several violations leading up to the vote in 2022.

The 87-page ruling was in reaction to a complaint filed by the Retail, Wholesale and Department Store Union (RWDSU) after a majority of workers at the facility voted against unionization.

“I find that the General Counsel has proven six separate unfair labor practices, the most significant and pervasive being Amazon’s unlawful confiscation of Union materials from [fulfillment center’s] breakrooms and restrooms,” Judge Michael Silverstein said in the order. “I also sustain two of the [RWDSU’s] post-election objections, which together with the unfair labor practice findings, necessitates setting aside the 2022 rerun election.”

This is the second victory for the union, who also filed a complaint with the The National Labor Relations Board (NLRB) in 2021 after the majority voted against unionization in that election.

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Mary Kate Paradis, a spokesperson for Amazon, said she plans to appeal the decision.

“Our team at BHM1 has already made their choice clear, twice that they don’t want a Union. This decision is wrong on the facts and the law,” Paradis said in a statement. “It’s disappointing that the NLRB and RWDSU keep trying to force a third vote instead of accepting the facts and the will of our team members.”

RWDSU President Stuart Appelbaum agreed with the ruling of unfair practices, but argued the order doesn’t go far enough in fixing the issues.

“We reject, however, the ALJ’s decision not to provide any of the significant and meaningful remedies which we requested and would be required for a free and fair election. There is no reason to expect a different result in a third election – unless there are additional remedies. Otherwise, Amazon will continue repeating its past behavior and the Board will continue ordering new elections,” Appelbaum said. “There are two things clear in this decision; Amazon broke the law yet again, and labor law is stunningly broken in this country. We take exception to the decision of Administrative Law Judge Michael P. Silverstein. Amazon must be held accountable, and we’ll be filing accordingly.”

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on X @Yaffee