By Tim Ryan

Law360 (March 24, 2021, 9:12 PM EDT) -- Amazon has agreed to settle a National Labor Relations Board case accusing the company of interrogating and threatening to discipline employees over their participation in a walkout at a Queens, New York, facility last year to protest the company's handling of the COVID-19 pandemic.

The settlement agreement resolved a board complaint that accused Amazon Services LLC of violating the National Labor Relations Act by cracking down on workers following a March 21, 2020, walkout to protest how the company responded to a worker testing positive for COVID-19.

Under the settlement, which was reached on March 3 and obtained by Law360 on Wednesday through a public records request, Amazon must post notices to employees saying the company will not discipline workers for participating in efforts with co-workers to improve their working conditions or question them about such activity.

Amazon did not admit to violating the NLRA under the agreement, and Amazon spokesperson Leah Seay said Wednesday that the company disputes the charges filed against it.

"While we disagree with allegations made in the case, we are pleased to put this matter behind us," Seay said in a statement. "The health and safety of our employees is our top priority and we are proud to provide inclusive environments, where employees can excel without fear of retaliation, intimidation or harassment."

The complaint the board issued in December accused Amazon of violating its employees' rights under Section 7 of the NLRA, which protects workers' ability to form a union or act together to improve their working conditions. The complaint picked up a charge filed in May 2020 by Amazon worker Jonathan Bailey, who helped organize the walkout at the facility, according to board records.

Workers at the Queens facility participated in two walkouts last March, accusing the company of not communicating with employees about positive cases at the distribution center, according to online posts by Amazonians United NYC, a group that advocates for improved working conditions at Amazon.

Amazon told employees the day after the March 21 walkout that they could not protest unless they received permission from management, threatening to discipline those who talked to their co-workers about a walkout, according to the complaint. The complaint also alleged that Amazon interrogated workers about the walkout and prohibited them from discussing any written discipline they received.

The original charge also accused the company of retaliating against workers by changing their job duties, but the board did not include that allegation in the complaint after it conducted an investigation.

The NLRB's Brooklyn office has also accused Amazon of retaliating against a worker who organized protests at a Staten Island warehouse in March 2020, and New York Attorney General Letitia James has accused the company of lax safety measures in response to the COVID-19 pandemic.

Amazonians United NYC did not immediately respond to a request for comment. Board records describe Bailey as an organizer at the group and the board subpoenaed documents from Amazon that discussed the organization.

The NLRB did not immediately return a request for comment on the settlement.

Amazon Services LLC is represented by David Broderdorf of Morgan Lewis & Bockius LLP.

Counsel information for Bailey was not listed on the board docket.

The NLRB is represented in-house by Evamaria Cox.

The case is Amazon.com Services LLC and Jonathan Bailey, case number 29-CA-260062, before the National Labor Relations Board.

--Additional reporting by Braden Campbell. Editing by Bruce Goldman.

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