Amazon officials and consultants have repeatedly told workers in mandatory meetings that they “could end up with more wages and benefits than they had prior to the union, the same amount that they had, or potentially could end up with less,” according to testimony from N.L.R.B. hearings about a union election in Alabama last year.
The company spent more than $4 million last year on consultants who took part in such meetings and sought out workers on warehouse floors.
But many workers and union officials complain that these claims are highly misleading. Unionized employees typically earn more than similar nonunion employees, and it is highly unusual for workers to see their compensation fall as a result of a union contract.
Wilma B. Liebman, who headed the labor board under President Barack Obama, said the labor board would probably be sympathetic to Ms. Abruzzo’s argument and could reverse its precedent. But she said it was unclear what practical effect a reversal would have, since many employees may feel compelled to attend anti-union meetings even if they are no longer mandatory. “Those on the fence may be reluctant not to attend for fear of retaliation or being singled out,” Ms. Liebman wrote by email.
According to a spokeswoman, the board’s regional offices, which Ms. Abruzzo oversees, are also likely to issue complaints against employers over the meetings. One union, the Retail, Wholesale and Department Store Union, has brought such a case in Bessemer, Ala., where it recently helped organize workers seeking to unionize an Amazon warehouse. A vote count last week showed union supporters narrowly trailing union opponents in that election, but the outcome will hinge on several hundred challenged votes whose status will be determined in the coming weeks.