Amazon’s Challenge to NYC Union Victory Stays in Fifth Circuit

June 9, 2026

Amazon.com Inc.’s challenge to an historic union win at a New York City warehouse will remain in the Fifth Circuit after a divided appeals court panel rejected the National Labor Relations Board’s transfer request.

The US Court of Appeals for the Fifth Circuit declined the board’s bid to move the case to the Second Circuit, where the events at issue in the case took place, including the 2022 union election.

The unpublished order Monday contained no legal reasoning. Judges Jerry Smith, a Reagan appointee, and Andrew Oldham, a Trump appointee, voted against the transfer petition. Judge Catharina Haynes, …

  

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