Oct 1 (Reuters) - A U.S. appeals court has temporarily

blocked the National Labor Relations Board from deciding whether

Amazon.com ( AMZN ) must bargain with a union representing workers at a

New York City warehouse, the first in the company's history.

A three-judge panel of the 5th U.S. Circuit Court of Appeals

on Monday stayed the NLRB's administrative case against Amazon ( AMZN )

pending the appeal of what the company called a "constructive

denial" by a Texas federal judge of its bid to stop the board

case from moving forward.

Amazon ( AMZN ) sued the NLRB last month, claiming the agency's

in-house enforcement proceedings violate the U.S. Constitution.

About 20 similar lawsuits have been filed around the country by

other businesses seeking to block NLRB cases against them.

Amazon ( AMZN ) did not immediately respond to a request for comment.

An NLRB spokeswoman declined to comment.

The 2022 election at the Staten Island warehouse known as

JFK8 was the first and so far only successful union campaign in

Amazon's ( AMZN ) history. Workers at three other Amazon ( AMZN ) warehouses have

voted against unionizing.

The NLRB has issued scores of complaints accusing Amazon ( AMZN ) of

illegal union-busting tactics during those campaigns, including

firing union supporters, making threats, and holding mandatory

anti-union meetings. Amazon ( AMZN ) has denied wrongdoing.

The labor board in August upheld the results of the JFK8

election and is now considering claims that Amazon ( AMZN ) has illegally

refused to engage in bargaining.

The company last week asked the 5th Circuit to take up its

case after U.S. District Judge Xavier Rodriguez in San Antonio

delayed in ruling on the company's motion for a preliminary

injunction blocking the NLRB case.

Amazon ( AMZN ) said that because the NLRB could rule at any time,

Rodriguez had effectively denied the company an injunction by

not ruling more quickly.

Rodriguez then denied Amazon's ( AMZN ) motion on Sunday, while

granting the NLRB's motion to transfer the lawsuit out of his

Texas court. Rodriguez said the case belongs in federal court in

Washington, D.C., where the NLRB is based and will decide

Amazon's ( AMZN ) case, but stayed his decision pending an appeal by the

company.

Amazon ( AMZN ) in a letter to the 5th Circuit on Monday said

Rodriguez lacked jurisdiction to issue the ruling because the

company had already filed an appeal.

The 5th Circuit panel included Circuit Judges Jerry Smith

and Kurt Engelhardt, who are appointees of Republican

presidents.

Circuit Judge James Graves, who was appointed by Democratic

former President Barack Obama, dissented from the stay, saying

the court should wait until Amazon ( AMZN ) appeals Rodriguez's decision.

The case is Amazon.com Services v. NLRB, 5th U.S. Circuit

Court of Appeals, No. 24-50761.

For Amazon ( AMZN ): Kurt Larkin and Amber Rogers of Hunton Andrews

Kurth

For the NLRB: Tyler Wiese

Read more:

NLRB wins transfer of Amazon ( AMZN ) lawsuit from Texas to D.C.

Amazon ( AMZN ) takes challenge to NLRB's structure to US appeals

court

Amazon ( AMZN ) challenges US labor board's structure in lawsuit over

union election

Amazon ( AMZN ) gets labor board complaint on failure to bargain with

New York union

Amazon ( AMZN ) loses challenge to union's election win at NYC

warehouse

SpaceX wins block on US labor board case over severance

agreements

US judge blocks NLRB case against energy firm challenging

agency's structure

US judge rejects medical center's bid to 'neuter' NLRB

(Reporting by Daniel Wiessner in Albany, New York)