A National Labor Relations Board (NLRB) hearing officer has recommended that the April results of the union election at Amazon’s Bessemer, Alabama warehouse be thrown out and a new election be held, reflecting the officer’s view that the company illegally interfered in workers’ right to organize.

Should the recommendation be upheld by the board, the Retail, Wholesale, and Department Store Union (RWDSU) will have a shot at overturning its initial defeat, where workers voted 1,798 to 738 against unionizing, with 505 contested ballots set aside (the overwhelming majority of which were challenged by Amazon, according to the union). The mail-in voting took place from February 8 to March 29, after the union filed for an election in November 2020. Ten days after the votes were counted in April, RWDSU filed objections with the NLRB, which led to three weeks of hearings in May, with both sides calling witnesses.

The hearing officer’s recommendation will be considered by the NLRB’s regional director in Atlanta, who will rule on the case in several weeks. Typically, regional directors follow hearing officers’ recommendations. Amazon can then appeal the decision to the NLRB in Washington, DC. Should that happen, the high-profile case will be taken up by a board that will likely be majority Democrat. If the board rules in the union’s favor, a new election could take place this year.