Unionization Efforts by Amazon Workers Dealt a Blow After Alabama Vote

From today’s Los Angeles Times:

Amazon workers at a giant Alabama warehouse have voted against unionizing, a significant blow to a months-long campaign that pitted union activists against one of the nation’s most powerful employers and briefly appeared poised to reenergize the American labor movement.

Workers cast 1,798 votes against joining the Retail, Wholesale and Department Store Union, which led the effort to unionize employees at the facility in Bessemer, Ala., while 738 workers voted to join the union, according to a vote result Friday overseen by the National Labor Relations Board.

Some 5,876 warehouse workers were eligible to cast ballots by mail-in vote starting in February.

The result came after a days-long count that was announced online via livestream, and after nearly a week in which the labor board reviewed and certified, behind closed doors, all cast ballots. There were 505 contested ballots set aside during this process and not included in the final tally. The union said the majority were contested by Amazon. The labor board determined there weren’t enough contested ballots to affect the election result.

It was the closest Amazon workers anywhere in the U.S. had come to a union, unusually in a right-to-work state with enduring Deep South history. In Bessemer, worker concerns over the company’s handling of COVID-19 workplace safety converged with the racial equity movement to set in motion one of the most closely watched American union drives in recent history.

The RWDSU said it intended to challenge the result, which it characterized as the result of intimidation and unfair practices by Amazon during the campaign. Amazon on Friday disputed union messaging that it had unfairly influenced the vote, and thanked the Bessemer workers for participating in the vote.

The chasm reflected the dual reality that many Amazon workers say they navigate: On the one hand, earning higher than minimum wage, with benefits, at one of the world’s most influential companies at a precarious time for the economy and jobs. And on the other hand, enduring the exacting control and pace of work in warehouses that Amazon has come to be known for, to meet the quick delivery goals customers have come to expect — all as consumer demand boomed during the pandemic.

Read the complete article here.

Unions at The Ringer and Gimlet Media announce their first contracts

From today’s New York Times:

Unions representing employees at two prominent podcasting companies owned by Spotify, the audiostreaming giant, announced Wednesday that they had ratified their first labor contracts.

The larger of the two unions, with 65 employees, is at The Ringer, a sports and pop culture website with a podcasting network. The second union, at the podcast production company Gimlet Media, has just under 50 employees. The two groups were among the first in the podcasting industry to unionize, and both are represented by the Writers Guild of America, East.

Lowell Peterson, the guild’s executive director, said the contracts showed that the companies’ writers, producers and editors “bring enormous value to the major platforms for whom they create content.”

The contracts establish minimum base pay of $57,000 for union members at The Ringer and $73,000 at Gimlet Media, annual pay increases of at least 2 percent, and a minimum of 11 weeks of severance pay.

The agreements include provisions that limit the use of contractors and allow workers to receive titles that reflect their seniority.

The two companies will create diversity committees that include managers and union members, and will require that at least half the candidates seriously considered for union positions open to outsiders come from underrepresented groups, such as racial minorities or people with disabilities.

Read the complete article here.

With a Huge Victory, UK Uber Driver Moves on to Next Gig Worker Battlefront

From today’s Inequality.org:

In recent weeks, courts in multiple countries have delivered huge victories for gig workers by establishing the principle that these workers are, in fact, employed by digital platforms and are thus entitled to basic worker rights and protections.

The most stunning win was the UK Supreme Court’s recent scathing judgement against Uber. While lower courts had ruled again and again that UK-based drivers are in fact workers, the company had refused to comply with this classification until this final ruling.

James Farrar, a former Uber driver and a lead plaintiff in the case, is celebrating this huge victory, which means that gig workers will have the right to wage protections, holiday pay, and other basic benefits. But during six years of litigation against Uber, Farrar and his colleagues realized that gig workers would need to fight on additional fronts. Right now, these employees lack access to the data that their app-based employers gather about them.

To take on this critical battlefront for worker rights in the 21st Century, Farrar has founded Worker Info Exchange. I asked Farrar to explain why he started this new nonprofit organization and what it hopes to achieve.

How did you come to realize the need for a data rights strategy?

When we brought the employment case, Uber challenged me with my own data and they came to the tribunal with sheaves of paper that detailed every hour I worked, every job I did, how much I earned, whether I accepted or rejected jobs. And they tried to use all this against me. And I said we cannot survive and cannot sustain worker rights in a gig economy without some way to control our own data.

So I used Europe’s General Data Protection Regulation (GDPR) to try to extract my data from Uber. And it began by asking questions, what data do you have and what can you give me? And I began to understand that Uber was unwilling or unable or both to give it to me. And I needed an entity behind me to get that to happen.

How will access to their data help workers?

Gig workers need access to data to see how they are being managed and paid. Right now companies are using automated decision making. This means allocation of work, performance management, and dismissals are decided based on data that the app gathers and feeds into algorithms. We need to understand the code behind those because sometimes those decisions are unfair. When decisions are unfair we can’t just let company executives say it wasn’t intentional. We need to expose and challenge the logic fed into the algorithm. Very few people are doing this right now.

GDPR is useful because it doesn’t just give you the right to data, it’s access to logic of processing. I have a right to fairness of processing under GDPR. So data rights are more comprehensive than just simple access to raw information. What we have done so far is challenge Uber to disclosure — what data the app collects, things like GPS trace. But what we really want are inference data. What decisions has it made about me? How has it profiled me? How does that affect my earnings? This is what Uber has not given us.

Read the complete article here.

Tesla and Elon Musk Appeal NLRB Ruling about Union Activities

From today’s Detroit Bureau:

Tesla CEO Elon Musk wants his day in court, and the EV maker’s filed a petition to get it, appealing a recent ruling by the U.S. National Labor Relations Board that he’s violated U.S. labor law.

As part of the NLRB’s ruling, Tesla and Musk were required to perform several actions, not the least of which is a mandate that Musk take down a now nearly three-old tweet suggesting that if Tesla employees joined a union they could lose stock compensation.

The electric car maker filed a petition on April 2 with the New Orleans-based U.S. Court of Appeals to review the NLRB’s decision and order issued on March 25.

The NLRB ruling stated that Tesla violated federal labor law when it fired a union supporter and moved to block a union organizing drive at its plant in Fremont, California.

In addition, the NLRB found Tesla and the company’s freewheeling CEO, Elon Musk, violated the law and ordered them to stop interfering with workers seeking to organize a union at the Fremont plant, handing a victory to the United Auto Workers (UAW). The ruling on union activity by employees also extends to any other installation operated by Tesla in the U.S.

The dispute between Tesla and the UAW has been ongoing. The union began an organizing effort at Tesla more than five years ago and filed the unfair labor charges against the company in 2017 after security guards seized union literature and one of the leaders of the UAW effort inside Tesla was dismissed.

Tesla is disputing the NLRB’s ruling and asked the court to review the order and grant Tesla “any further relief which the Court deems just and equitable.” Tesla’s Musk has long disputed that his company is against union organizing.

In a 2018 tweet, Musk wrote: “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues & give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare.”

The NLRB ruling ordered Musk to delete that three-year-old tweet warning employees they could lose their stock options if they opted to join the United Auto Workers, which had begun an organizing drive in Fremont. Compensation, including stock options, are subjects of contract negotiations under federal labor law.

The NLRB ordered Tesla to offer one of the former employees reinstatement. The company was also directed to rescind rules established in 2017 that prohibit the distribution of union literature in its parking lot on non-work time.

Read the complete article here.

California pays homage today to another American hero with a complex legacy

From today’s Los Angeles Times:

Let me tell you about an American hero whom the San Francisco Unified School District Board of Education might find, um, troublesome.

Cesar Chavez stands surrounded by reporters.

He opposed undocumented immigrants to the point of urging his followers to report them to la migra. He accepted an all-expenses-paid trip from a repressive government and gladly received an award from its ruthless dictator despite pleas from activists not to do so.

He paid his staff next to nothing. Undercut his organization with an authoritarian style that pushed away dozens of talented staffers and contrasted sharply with the people-power principles he publicly espoused. And left behind a conflicted legacy nowhere near pure enough for today’s woke warriors.

A long-dead white man? A titan of the business world? Perhaps a local politician?

Try Cesar Chavez. The United Farm Workers founder is the first person I always think about whenever there’s talk about canceling people from the past. He’s on my mind again, and not just because this Wednesday is his birthday, an official California holiday.

On Jan. 27, the San Francisco school board voted to rename 44 schools that it felt honored people who didn’t deserve the homage. Some of the condemned make sense — Father Junipero Serra, for instance, or Commodore John Sloat, the Navy officer who conquered California in the name of Manifest Destiny. Others are worthy of debate. Should we really champion Thomas Jefferson, the writer of the Declaration of Independence who also fathered multiple children with his slave, Sally Hemings? Or John Muir, the beloved naturalist who didn’t think much of Black and Indigenous people?

The board’s move was rightfully met with disbelief and derision. In a year when parents are clamoring for schools to reopen, this is what board members spent their time on? And are kids really harmed if they attend a school named after Robert Louis Stevenson or Paul Revere?

Which brings us back to Chavez, the revered labor leader whose bust President Biden recently put on prominent display behind his desk in the Oval Office. On Wednesday, First Lady Jill Biden will travel to Delano, Calif., to celebrate the state holiday with the Cesar Chavez and United Farm Workers foundations, her office announced over the weekend.

Read the complete article here.

The Unionization Vote at Amazon

From today’s New York Times:

The most closely watched union election in recent history is underway in Alabama, where almost 6,000 workers at an Amazon warehouse near Birmingham are voting on whether they want to form a union. The election has attracted attention from President Biden, N.F.L. players and Hollywood actors, making it a high-stakes test of whether a union has a role in one of the country’s biggest employers.

The unionization effort, which began last summer, is the largest and most viable organizing campaign among Amazon workers in the United States. Here is what you need to know about it.

The unionization push came from a group of largely Black workers at the Amazon fulfillment center in Bessemer, Ala., which is just outside Birmingham. Late last summer, they approached a local branch of the Retail, Wholesale and Department Store Union, which has grown in the South, particularly in poultry, an industry with traditionally dangerous jobs and many Black employees.

The union deployed organizers who worked at nearby warehouses and poultry farms to focus full time on talking to workers at the Amazon warehouse. By late December, more than 2,000 workers signed cards indicating they wanted an election, the union said. The National Labor Relations Board determined that those signatures signaled “sufficient” interest in holding a vote.

Two big forces have helped drive the unionization effort: the pandemic’s focus on essential workers and the racial reckoning brought on by Black Lives Matter protests.

Amazon opened the Bessemer warehouse in March 2020, just as the coronavirus was taking hold in America. The pandemic made clear the critical role essential workers, many of whom were Black and paid hourly, played in serving customers and the economy broadly. Amazon had extraordinary growth last year, as people turned to online shopping instead of venturing into stores. It went on a huge hiring spree, ending the year with 1.3 million employees and $386 billion in sales.

In early summer, George Floyd’s killing prompted calls for racial justice, and the union has focused its organizing on issues of racial equality and empowerment. It has a decades-long history of working on civil rights and labor issues in the region. Around the same time, Amazon ended the extra pay it had given workers earlier in the pandemic. The workers who started the organizing said their pay was not commensurate with the risks they took and the productivity they must maintain.

Read the complete article here.

In Biden, Labor Leaders See a President Who ‘Is Not Playing’ Games

From today’s New York Times:

As Richard Trumka stepped out of the Oval Office last month after meeting with President Biden and a group of his fellow labor leaders, he had an unfamiliar feeling.

“He got it,” Trumka, the president of the A.F.L.-C.I.O., said of Biden.

“Many times you go into meetings like that and you have to start with the basics about why collective bargaining is important, and then you get to the end, and they still really don’t get it,” Trumka, whose organization represents the largest federation of labor unions in the United States, said in a phone interview today. “None of that was necessary with him. He already had that going in. So we talked about solutions.”

As the Biden administration kicks into gear, it is putting organized labor at the heart of its push to rebuild the economy to a greater degree than any president — Democrat or Republican — in well over half a century.

The administration has indicated that a sweeping infrastructure bill is likely to be its next major focus, after Biden signs the $1.9 trillion relief package that appears on its way to passage in Congress. The president has repeatedly said that “good-paying union jobs” will be at the core of his infrastructure plan, a commitment that he reiterated during his meeting with labor leaders last month. He has also thrown his support behind the PRO Act, which would represent the most comprehensive piece of federal labor reform in a century.

And last week Biden turned heads when he released a short video announcing his support for Amazon workers’ push to unionize in Bessemer, Ala. He did not name Amazon, but he expressed support for “workers in Alabama,” and insisted that the right to unionize was essential to a healthy work force throughout the country.

“That’s something very new: No president since Harry Truman has made a statement as forcefully in favor of unions,” Robert Reich, a professor of public policy at the University of California, Berkeley, and a former labor secretary under President Bill Clinton, said in an interview.

Biden “didn’t just say workers have a right to unionize — he went beyond that,” Reich said. “He reiterated that the National Labor Relations Act puts responsibilities on employers not to interfere in an election, not to intimidate, and he went through a list of employer responsibilities. And that really struck a new note.”

Certainly the Biden administration is facing headwinds as it pushes against longstanding trends. Labor union membership has eroded across the country since the middle of the 20th century, when one-third of the private-sector work force was unionized. Nowadays, that number is well below one in 10. And even within Biden’s administration, there are officials with close ties to corporate interests who have a history of fighting to keep organized labor out of emerging industrial sectors as Big Tech revolutionizes the job market.

And last week Biden turned heads when he released a short video announcing his support for Amazon workers’ push to unionize in Bessemer, Ala. He did not name Amazon, but he expressed support for “workers in Alabama,” and insisted that the right to unionize was essential to a healthy work force throughout the country.

“That’s something very new: No president since Harry Truman has made a statement as forcefully in favor of unions,” Robert Reich, a professor of public policy at the University of California, Berkeley, and a former labor secretary under President Bill Clinton, said in an interview.

Biden “didn’t just say workers have a right to unionize — he went beyond that,” Reich said. “He reiterated that the National Labor Relations Act puts responsibilities on employers not to interfere in an election, not to intimidate, and he went through a list of employer responsibilities. And that really struck a new note.”

Certainly the Biden administration is facing headwinds as it pushes against longstanding trends. Labor union membership has eroded across the country since the middle of the 20th century, when one-third of the private-sector work force was unionized. Nowadays, that number is well below one in 10. And even within Biden’s administration, there are officials with close ties to corporate interests who have a history of fighting to keep organized labor out of emerging industrial sectors as Big Tech revolutionizes the job market.

Read the complete article here.

Biden throws support behind Amazon workers holding milestone union vote

From today’s CNN Online:

President Joe Biden on Sunday night lent his support to Amazon workers who are pushing to unionize — and appeared to warn Amazon (AMZN) not to deter them.

In a video posted on Twitter, Biden didn’t mention the company by name, but he did reference workers in Alabama, where a milestone union election is underway at an Amazon facility in Bessemer. Eligible workers at the facility are currently voting by mail to decide whether to form Amazon’s first US-based union.”Today and over the next few days and weeks, workers in Alabama, and all across America, are voting on whether to organize a union in their workplace,” Biden said in the video.

“There should be no intimidation, no coercion, no threats, no anti-union propaganda,” Biden continued. “No supervisor should confront employees about their union preferences. You know, every worker should have a free and fair choice to join a union. The law guarantees that choice.”

Biden’s remarks reflect the high profile of the Amazon vote, which has garnered national attention and support from prominent Democrats including Senators Elizabeth Warren and Bernie Sanders as well as Stacey Abrams. A group of 50 Congresspeople sent a letter last month urging Amazon’s outgoing CEO, Jeff Bezos, to “treat your employees as the critical asset they are, not as a threat to be neutralized or a cost to be minimized.”

Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union, which is conducting the union drive for Amazon workers at the Bessemer facility, thanked Biden “for sending a clear message of support” for the workers.

“As President Biden points out, the best way for working people to protect themselves and their families is by organizing into unions. And that is why so many working women and men are fighting for a union at the Amazon facility in Bessemer, Alabama,” Appelbaum said in a statement.

Read the complete article here.

L.A. County approves ‘hero pay’ of $5 an hour for grocery store workers

From today’s Los Angeles Times:

Hundreds of grocery store workers in unincorporated Los Angeles County will receive $5 an hour in hazard pay on top of their regular wages as part of the county’s “hero pay” mandate that goes into effect Friday and lasts 120 days.

The L.A. County Board of Supervisors voted 4-1 Tuesday to mandate the pay bump for publicly traded grocery store or retail drug companies, or companies that have at least 300 employees nationwide and more than 10 employees per store site. The measure applies only to unincorporated areas, benefiting about 2,500 hourly grocery store workers.

“These workers … have put their lives on the line since the beginning of the pandemic to keep our food supply chain running and provide access to medicine our families need,” Supervisor Hilda Solis, who authored the motion, said in a statement. “Many are working in fear and without adequate financial support, while their employers continue to see profits grow and top executives receive steep pay bonuses.”

Supervisor Kathryn Barger voted against the measure, saying she felt that it leaves out many essential workers and that it could have unintended consequences.

Barger said officials have worked hard to bring retailers to food deserts in unincorporated areas, such as Grocery Outlet in Altadena, which has donated food for food drives during the pandemic.

“I would hate to think we’re driving [out of business] the very businesses we fought so hard to locate in unincorporated areas, many of which are working class neighborhoods … and that’s why I can’t vote for this,” said Barger, the only Republican on the board.

Since January, several cities, including Santa Monica, San Jose, Berkeley and West Hollywood, have considered or passed some level of hazard pay mandates.

The county’s ordinance will probably be challenged in court in the coming days by the California Grocers Assn., which has sued the city of Long Beach after it passed its “hero pay” measure.

Read the complete article here.

San Jose passes mandatory $3-an-hour pay raise for grocery workers

From today’s San Jose Mercury News:

Thousands of San Jose grocery store workers will soon receive a $3-an-hour boost on their paychecks, as San Jose became the latest city to pass a new ordinance compelling large grocers to offer their employees  hazard pay for their high risk of catching COVID-19 at work.

The San Jose City Council voted 7-3 Tuesday night for a new ordinance temporarily requiring corporate grocery stores, chain supermarkets and retail stores that sell groceries and employ at least 300 people nationwide to pay workers an additional $3 an hour on top of their regular wages. The ordinance will last for 120 days after it goes into effect. Small businesses and franchises with less than 300 employees are exempt.

The ordinance failed to clear a requirement that it must be backed by at least eight members of the council to become effective immediately. Instead, the majority vote means that the new ordinance will be enacted in about two months.

Councilman Sergio Jimenez, who crafted the ordinance, said he had hoped that it would have garnered more support but was nonetheless pleased that the city will provide relief to front line grocery workers.

“I feel strongly that this is the right thing to do in my gut,” Jimenez said. “And I’m hoping that in 120 days, the sky didn’t fall, stores didn’t close, the economy is looking up and these companies continue to do well.”

San Jose will soon join the cities of Oakland, Long Beach, Santa Monica and Seattle, which have all passed similar ordinances in recent weeks to mandate increased wages for grocery store workers. Santa Clara County will vote later this month on a $5-an-hour boost on the paychecks of workers in grocery stores and fast-food restaurants everywhere in the county, except for San Jose.

San Jose Mayor Sam Liccardo and council members Dev Davis and Matt Mahan voted against the ‘hazard pay’ legislation Tuesday night, citing an inadequate analysis of the possible financial effects, concerns over potential store closings and increased grocery prices and a disagreement over exactly which companies should be affected by the legislation. Councilmember Pam Foley recused herself from the vote because she holds stock in Amazon, the owner of Whole Foods, which would be affected by the ordinance.


Read the complete story here.