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.

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.

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.

Hundreds of Google Employees Unionize, Culminating Years of Activism

From today’s New York Times:

More than 400 Google engineers and other workers have formed a union, the group revealed on Monday, capping years of growing activism at one of the world’s largest companies and presenting a rare beachhead for labor organizers in staunchly anti-union Silicon Valley.

We've Had Enough': Google Employees Form Union

The union’s creation is highly unusual for the tech industry, which has long resisted efforts to organize its largely white-collar work force. It follows increasing demands by employees at Google for policy overhauls on pay, harassment and ethics, and is likely to escalate tensions with top leadership.

The new union, called the Alphabet Workers Union after Google’s parent company, Alphabet, was organized in secret for the better part of a year and elected its leadership last month. The group is affiliated with the Communications Workers of America, a union that represents workers in telecommunications and media in the United States and Canada.

But unlike a traditional union, which demands that an employer come to the bargaining table to agree on a contract, the Alphabet Workers Union is a so-called minority union that represents a fraction of the company’s more than 260,000 full-time employees and contractors. Workers said it was primarily an effort to give structure and longevity to activism at Google, rather than to negotiate for a contract.

Chewy Shaw, an engineer at Google in the San Francisco Bay Area and the vice chair of the union’s leadership council, said the union was a necessary tool to sustain pressure on management so that workers could force changes on workplace issues.

“Our goals go beyond the workplace questions of ‘Are people getting paid enough?’ Our issues are going much broader,” he said. “It is a time where a union is an answer to these problems.”

In response, Kara Silverstein, Google’s director of people operations, said: “We’ve always worked hard to create a supportive and rewarding workplace for our work force. Of course, our employees have protected labor rights that we support. But as we’ve always done, we’ll continue engaging directly with all our employees.”

The new union is the clearest sign of how thoroughly employee activism has swept through Silicon Valley over the past few years. While software engineers and other tech workers largely kept quiet in the past on societal and political issues, employees at Amazon, Salesforce, Pinterest and others have become more vocal on matters like diversity, pay discrimination and sexual harassment.

Read the complete article here.

Kickstarter Employees Vote to Unionize in a Big Step for Tech Workers

From today’s New York Times:

Employees at the crowdfunding platform Kickstarter voted on Tuesday to unionize, the first well-known technology company to take the step toward being represented by organized labor.

The decision, which was formalized by a vote count at the National Labor Relations Board, came down to a narrow margin, with 46 employees voting in favor of the move and 37 opposing it. The debate over a union — and whether such representation was appropriate for highly paid tech workers — had been a source of tension at the company for many months.

“I’m overjoyed by this result,” said Dannel Jurado, a Kickstarter senior software engineer who voted for a union. “There’s a long road ahead of us, but it’s a first step to the sustainable future in tech that I and so many others want to see.”

The pro-union vote is significant for the technology industry, where workers have become increasingly activist in recent years over issues as varied as sexual harassment and climate change. Behemoth companies such as Google and Amazon have struggled to get a handle on their employees, who have staged walkouts and demanded that their companies not work with government entities and others.

But large-scale unionization efforts have faltered. Only a group of contractors at a Google office in Pittsburgh unionized last year, and a small group of Instacart workers managed to do so this month. In the past, most unionization drives have been associated with blue-collar workers and lower-paid white-collar workers rather than white-collar tech workers, who are often paid upward of $150,000 a year.

Veena Dubal, an associate professor of employment law at the University of California, Hastings College of Law, called the Kickstarter vote “a hugely important step” that “signals to workers across the tech industry that it is both desirable and possible to build collective structures to influence wages, working conditions and even business decisions.”

Read the complete article here.

Congress passes bill to ease bids by workers to form unions

From today’s Minneapolis Star Tribune:

In a move that supporters said would help working families, the Democratic-controlled House has approved a bill that would make it easier for workers to form unions and bargain for higher wages, better benefits and improved working conditions.

The “Protecting the Right to Organize” or PRO Act would allow more workers to conduct organizing campaigns and would add penalties for companies that violate workers’ rights. The act would also weaken “right-to-work” laws that allow employees in more than half the states to avoid participating in or paying dues to unions that represent workers at their places of employment.

In one of its most controversial provisions, the bill would close loopholes that allow what supporters call intentional misclassification of workers as supervisors and independent contractors in order to prevent them from joining a union.

The House approved the bill, 224-194, on Thursday. The measure is unlikely to be taken up in the Republican-controlled Senate and faces a veto threat from the White House.

Even so, Democrats touted it as a major victory for worker rights and said it would help reverse a decades-long trend of declining union membership in the U.S. workforce. Less than 11% of American workers belong to a union, a statistic Democrats called disgraceful.

“Without these protections, the playing field will remain heavily stacked against workers,” said Rep. Mark Pocan, D-Wis.

The bill’s sponsor, Rep. Bobby Scott, D-Va., called labor unions one of the most powerful tools workers have to improve their standard of living. But under current law, there are “no meaningful penalties for predatory corporations that use unlawful tactics to discourage workers from organizing a union,” said Scott, who chairs the House Education & Labor Committee.

Read the complete article here.

State of the Unions: What happened to America’s labor movement?

From today’s New Yorker Magazine:

Do you have rights at work? Franklin Delano Roosevelt thought you did. In 1936, while trying to haul America’s economy out of the bog that the free market had driven it into, Roosevelt argued that workers needed to have a say, declaring it unjust that

a small group had concentrated into their own hands an almost complete control over other people’s property, other people’s money, other people’s labor—other people’s lives. For too many of us throughout the land, life was no longer free; liberty no longer real; men could no longer follow the pursuit of happiness.

For Roosevelt, a system in which bosses could unilaterally decide “the hours men and women worked, the wages they received, the conditions of their labor” amounted to “dictatorship.” He hoped that the New Deal would bring workers and managers together in a new form of workplace governance.

New Dealers drew on an idea known as industrial democracy, developed, in the late nineteenth century, by English socialist thinkers who saw workplace rights as analogous to civil rights such as due process and the freedoms of speech and assembly. Senator Robert Wagner, who wrote the National Labor Relations Act of 1935—also known as the Wagner Act—made the point explicitly: “Democracy in industry means fair participation by those who work in the decisions vitally affecting their lives and livelihood.” In their efforts to civilize the workplace, however, Roosevelt and his allies didn’t set up a new institution for workers to speak through. They relied on an existing one: the union.

Whenever the rate of unionization in America has risen in the past hundred years, the top one per cent’s portion of the national income has tended to shrink. After Roosevelt signed the Wagner Act and other pro-union legislation, a generation of workers shared deeply in the nation’s prosperity. Real wages doubled in the two decades following the Second World War, and, by 1959, Vice-President Richard Nixon was able to boast to Nikita Khrushchev that “the United States comes closest to the ideal of prosperity for all in a classless society.”

America’s unions and workers haven’t been faring quite as well lately. Where labor is concerned, recent decades strongly resemble the run-up to the Great Depression. Both periods were marked by extreme concentrations of personal wealth and corporate power. In both, the value created by workers decoupled from the pay they received: during the nineteen-twenties, productivity grew forty-three per cent while wages stagnated; between 1973 and 2016, productivity grew six times faster than compensation. And unions were in decline: between 1920 and 1930, the proportion of union members in the labor force dropped from 12.2 per cent to 7.5 per cent, and, between 1954 and 2018, it fell from thirty-five per cent to 10.5 per cent. In “Beaten Down, Worked Up” (Knopf), a compact, pointed new account of unions in America, Steven Greenhouse, a longtime labor reporter for the Times, writes that “the share of national income going to business profits has climbed to its highest level since World War II, while workers’ share of income (employee compensation, including benefits) has slid to its lowest level since the 1940s.”

Read the complete article here.

Disneyland reaches a tentative contract settlement with workers, ending a heated battle that lasted months

From today’s Los Angeles Times:

Walt Disney Co. reached a tentative settlement Monday with four unions at the Disneyland Resort, putting an end to a contentious dispute that attracted the attention of Sen. Bernie Sanders and prompted a ballot measure to require the Burbank media giant to pay resort workers a “living wage.”

Although details of the settlement were not disclosed, the agreement appears to end a heated, months-long contract dispute with about 9,700 employees who work in the eateries and retail shops, operate the attractions and provide maintenance at the two Anaheim theme parks, the Disney hotels and nearby shopping district.

“The Disneyland Resort and Master Services Council are proud to have reached a tentative agreement, which we are hopeful will be ratified later this week,” the park and the council that represents the workers said in a joint statement. “We have had a successful history of working together since Disneyland Park opened in 1955, and this contract continues that shared commitment to cast members.”

Union members vote on the proposed contract Thursday. Negotiations began in April for the contract that was set to end in June. Employees have been working under an extension to the contract.

The unions have been pushing Disney to pay a “living wage” by, among other tactics, commissioning a study that looked at the economic hardship of the workers and sponsoring a rally featuring Sanders, who called on Disney to share its wealth with employees who are struggling to make ends meet.

The unions were successful in collecting at least 13,185 valid signatures — or at least 10% of the city’s voters — to put on the Nov. 6 ballot a measure requiring large hospitality companies that accept a subsidy from the city to pay at least $15 an hour, with salaries rising $1 an hour every Jan. 1 through 2022. Once the wage reaches $18 an hour, annual raises would then be tied to the cost of living.

Read the complete article here.