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Amazon Appeal to Union Victory in New York Rejected
  + stars: | 2023-01-12 | by ( Sebastian Herrera | ) www.wsj.com   time to read: 1 min
A federal labor official has upheld the unionization of Amazon.com Inc. workers in Staten Island, N.Y., rejecting an appeal by the e-commerce giant, which tried to challenge last year’s vote to organize. Cornele Overstreet, a regional director with the National Labor Relations Board who has overseen the case, ruled on Wednesday that Amazon hadn’t provided sufficient evidence to overturn the election results, according to an NLRB spokeswoman.
Jan 11 (Reuters) - A U.S. labor board director has upheld Amazon.com Inc (AMZN.O) workers' landmark union victory at a warehouse in New York, according to a decision issued Wednesday, bringing the online retailer closer to having to bargain with staff on a contract. The Amazon Labor Union (ALU) celebrated the labor board director's decision. "This is a HUGE moment for the labor moment!" Workers in different facilities in New York state have rejected joining the union in two elections since, and Amazon filed objections to conduct during the original contest. The NLRB regional director overruled those objections on Wednesday, in line with an NLRB hearing officer's recommendations last year.
Amazon workers arrive with paperwork to unionize at the NLRB office in Brooklyn, New York, October 25, 2021. A federal labor agency on Wednesday certified an independent union's landmark victory at Amazon 's Staten Island warehouse and threw out a litany of objections filed by the e-retailer. In April, a majority of the roughly 8,300 workers at Amazon's Staten Island warehouse, known as JFK8, voted to join the Amazon Labor Union, becoming the company's first unionized facility in the U.S. Amazon sought to overturn the results of the election, alleging the National Labor Relations Board office that oversaw the election interfered in the union drive. "As we've said since the beginning, we don't believe this election process was fair, legitimate, or representative of the majority of what our team wants," Nantel said. Workers at a nearby facility on Staten Island rejected unionization in May, and the ALU lost an election at an Albany warehouse in October.
CNN —Workers at Apple’s first unionized retail store began collectively bargaining with management on Wednesday, in a milestone moment not only for the iPhone company but for all of Big Tech. The worker group, based out of a mall near Baltimore, is organized with the International Association of Machinists and Aerospace Workers (IAMAW) union. “Other Apple workers will be watching this,” she said. Chip Somodevilla/Getty ImagesThe success of the Towson Apple store workers’ unionization bid came amid a broader wave of workplace organizing. David DiMaria, the lead organizer of the Towson Apple store union campaign with the IAMAW, said excitement was high among the Apple store workers ahead of Wednesday’s first meeting.
The employees say the aid is a way for Amazon to take greater responsibility for its role in producing the greenhouse emissions that cause climate change. Scientists have said the flooding that killed more than 1,700 people and displaced millions in Pakistan was much more likely to occur because of climate change. And it is attracting some Amazon workers not previously involved in workplace activism. One letter received 8,700 signatures from Amazon employees. “It definitely had an effect on people,” said Eliza Pan, a former program manager at the company who left in 2019 to go work on climate change issues, but is still involved with Amazon Employees for Climate Justice.
The proposal would require that workers be considered employees, entitled to more benefits and legal protections than contractors, when they are "economically dependent" on a company. Most federal and state labor laws only apply to a company's employees, who can cost employers up to 30% more than independent contractors, studies suggest. Federal law requires agencies to adequately explain their decision to withdraw and replace existing rules. The rule would treat companies as so-called "joint employers" under federal labor law when they have indirect control over working conditions such as scheduling, hiring and firing, and supervision. The 2020 rule barred NLRB staff from putting off elections while related cases alleging illegal labor practices are being litigated.
Two Tesla workers claim they were illegally fired for criticizing Elon Musk and company policy. The workers claim they were cut loose for discussing their working conditions, including "Tesla's failure to enforce its non-harassment policy and its implementation of its post-COVID return to office policy," according to the filings. One letter called for changes to the company's strict return-to-office policy announced in May, which required all Tesla employees to work from a company office for at least 40 hours per week. The other was told that organizing employee discussions amounted to an "attack" on Tesla, according to a filing. In June, a group of SpaceX employees filed a similar complaint saying they were fired after writing an open letter calling out Musk's behavior.
The National Labor Relations Board (NLRB) director of the agency's Region 31 office issued a finding of merit in an unfair labor practice charge brought by the student athletes against USC, the National Collegiate Athletic Association (NCAA) and the Pac-12 athletic conference. The parties to the case were informed of the decision on Thursday, according to NLRB spokesperson Kayla Blado. read moreA separate case filed by college athletes in Indianapolis against the NCAA and others has been held in abeyance pending the outcome of the USC case. The judge's ruling could then be appealed to the full NLRB, which would render a decision as to whether USC, NCAA and Pac-12 are employers under labor law, and could order its own remedies. The National College Players Association, which brought the charges on behalf of 113 USC athletes, also could not be reached for comment.
New York CNN —Are college athletes employees? This could open the door to previously unsuccessful efforts to form the first union of college athletes. The complaint had been filed by the National College Players Association (NCPA), an advocacy group. It filed an unfair labor practice complaint on behalf of the athletes. The matter of whether college athletes are professionals, and thus employees, has been hotly debated for decades.
Forming smaller bargaining units can be an important organizing strategy for unions when they lack support from a majority of employees. But business groups say that smaller units fracture workplaces and complicate collective bargaining. The 2017 decision had placed the burden on unions to show that groups of workers were "sufficiently distinct" from other employees. The U.S. president appoints NLRB members but the board is an independent agency and the White House does not control its decisions. Reporting by Daniel Wiessner in Albany, New York; Editing by Alexia Garamfalvi and Josie KaoOur Standards: The Thomson Reuters Trust Principles.
Star Garden bar strippers were unlawfully fired, the National Labor Relations Board said . They dancers said they worked in unsafe conditions including rat infestations and rusty nails. The group of strippers were blocked from working at the Star Garden in February and have since been staging regular demonstrations outside the venue. They claimed that Star Garden committed 30 breaches of OSHA regulations that "protect workers' rights to safe and healthy workplaces." The women submitted a petition in March calling for the Star Garden to treat them with "basic dignity and humanity."
DETROIT — Workers at a General Motors joint venture battery plant in northeast Ohio overwhelmingly voted in favor of representation with the United Auto Workers, the union said early Friday. The count was 710 votes in support of UAW representation; 16 against; and one was void. "Our entire union welcomes our latest members from Ultium," UAW President Ray Curry said in a release. "As the auto industry transitions to electric vehicles, new workers entering the auto sector at plants like Ultium are thinking about their value and worth. Ultium, in a statement Friday, said it respects "the decision of our Ohio workforce supporting representation by the UAW.
An Atlanta NLRB director found merit to allegations that Apple violated labor law. Apple, which did not respond to Insider's request for comment, has previously denied wrongdoing in a complaint with similar allegations concerning a New York Apple Store. We commend the NLRB for recognizing captive audience meetings for exactly what they are: a direct violation of labor rights." The Atlanta Apple Store in Cumberland Mall became the first Apple retail location to file for a union election in April. The employees in Atlanta eventually withdrew their call for a union vote days before the election, alleging intimidation from Apple.
[1/2] The entrance to the Activision Blizzard Inc. campus is shown in Irvine, California, U.S., August 6, 2019. REUTERS/Mike BlakeDec 2 (Reuters) - Workers who test games at Activision Blizzard Inc.'s (ATVI.O) unit Blizzard Albany have voted to form a union months after the games developer began negotiating with employees at its Wisconsin unit, the first in the company to unionize. Blizzard Albany has developed installments of popular video game franchises including Guitar Hero, Call of Duty, and Tony Hawk's Pro Skater. Activision had argued that Blizzard Albany's entire workforce of about 100 employees, including production workers, should have been involved in the union vote and not only game testers. The vote announced on Friday came after about two dozen employees of Activision unit Raven Software voted to unionize in May.
Amazon, more than most tech companies, experienced a staggering pandemic boom as more customers shifted their spending online during the health crisis. Despite the landmark union victory in April, Amazon has so far refused to formally recognize the grassroots worker group known as the Amazon Labor Union, or come to the bargaining table. The company has aggressively pushed back against the workers’ victory through the National Labor Relations Board (NLRB). Jassy also emphasized that the last two Amazon union elections held resulted in workers voting not to unionize, and that Amazon prefers to have a direct relationship with fulfillment center workers rather than going through unions. Labor activist Chris Smalls joins members of the Amazon labor union and others for a protest outside of the New York Times DealBook Summit as Amazon's CEO, Andy Jassy, will be appearing on November 30, 2022 in New York City.
New York CNN Business —Starbucks is closing the store in Seattle where employees were the first to vote to form a union in the chain’s home city. It’s not the first time Starbucks has pointed to safety concerns to explain a closure. “This is the most clear-cut case of retaliation this company has shown closing a union store yet,” Starbucks Workers United said in a statement on the closure. They lack respect not only for the rights of their workers, but for the law of this country.”Starbucks is closing the first Seattle location to vote to unionize. Last week, Starbucks workers across the country went on a one-day strike to protest what they see as retaliation for unionizing efforts.
Former SpaceX employees file labor-law complaint
  + stars: | 2022-11-18 | by ( Jackie Wattles | ) edition.cnn.com   time to read: +7 min
CNN —Eight former SpaceX employees filed labor-law complaints, alleging that Elon Musk’s space company unlawfully fired workers after they wrote company management a letter begging them to publicly condemn Musk’s “harmful” behavior on social media. The company, which Musk founded in 2002, is one of the most influential and powerful commercial space companies in the world. SpaceX has nearly 10,000 total employees, according to an NLRB complaint. The same day the letter was sent, Holland-Thielen and four others were fired, according to the NLRB complaint. “It’s shocking that SpaceX appears to believe that its mission of getting humans to Mars justifies turning a blind eye to workers’ basic civil rights,” Burgess said.
Nov 17 (Reuters) - Eight former employees of SpaceX have filed unfair labor practice charges with a U.S. labor board against the rocket maker, alleging they were let go for speaking up against founder and Chief Executive Elon Musk. Reuters reported in June that SpaceX fired at least five employees who were involved in drafting the letter, which called Musk a "distraction and embarrassment" to the company. The charges filed on Wednesday with the National Labor Relations Board allege that SpaceX fired five employees the day after the letter was revealed, and four others in the two months after. While two of the employees filed charges on their own, attorneys filed charges on behalf of six others who are proceeding anonymously. read moreThe letter sent to SpaceX executives in June focused on a series of tweets Musk had made since 2020, many of which were sexually suggestive.
New York CNN Business —More than 2,000 employees at 112 Starbucks locations are set to go on a one-day strike Thursday, according to the union which has been organizing stores for the last year. The union says it is striking to protest the retaliation taken against union supporters nationwide. It’s not clear how many of the stores affected by Thursday’s action will be able to stay open during the strike. The union is calling its strike a “Red Cup Rebellion” and is handing out red Starbucks Workers United union cups to customers instead. The NLRB filing said that there had been a “number and pattern of Starbucks’ unfair labor practices … particularly discharges” against union supporters at it stores.
Over 1,000 Starbucks workers are striking for the chain's Red Cup Day. More than 1,000 workers are on strike at 111 stores across 23 states, according to the union, Starbucks Workers United. The collective action is to protest "short staffing and the company's failure to bargain with union stores," the union said in a press release. Striking workers are picketing outside Starbucks stores and giving away Starbucks Workers United-branded cups. Starbucks workers unitedWorkers are also giving out fliers to passersby asking them to sign an online pledge in support.
"Protected activities" are actions that workers can take without fear of employer retaliation under U.S. labor law. Musk in a series of tweets on Friday said Twitter workers who were laid off were offered 90 days of severance pay, which could satisfy Twitter's obligations under the notice laws. Cornet in the complaint said that late last month, amid rumors of mass layoffs at Twitter, he developed a Google Chrome extension to allow employees to download emails from their Twitter accounts. That would ensure workers could save important documents such as statements reflecting their stock in Twitter, performance reviews, and other human resource documents, he said. Cornet says he was fired on the same day that he published the extension and posted a link to it on an internal Twitter messaging channel.
Union vs. Union Dispute Stalls West Coast Port Labor Talks
  + stars: | 2022-11-08 | by ( Paul Berger | ) www.wsj.com   time to read: +4 min
A dispute between two unions over which workers get certain jobs at a cargo-handling terminal at the Port of Seattle is holding up labor talks between West Coast dockworkers and their employers. West Coast port labor talks are often fraught. Importers are already diverting some goods to Gulf Coast and East Coast ports because of the risk of labor strife. The port talks are taking place against a backdrop of global freight labor unrest. West Coast dockworkers have been working without a contract since the most recent labor agreement expired in early July.
A software engineer laid off by Twitter said in an NLRB filing that he was illegally targeted. Emmanuel Cornet claimed he was laid off for trying to help Twitter staff preserve work documents. Just hours before being fired, he had shared a browser extension that made downloading emails quicker. Cornet then published this extension on the Chrome Web Store and shared it on a Slack channel for Twitter staff on November 1, per the complaint. But later that day, Twitter both fired Cornet and removed the link to his extension from the Slack channel, per the complaint.
Vice President Kamala Harris will meet with union leaders on Monday in California. Along the way, according to a White House official, she is prioritizing meeting with local labor leaders. In May, Harris — along with co-chair Marty Walsh, Biden's Secretary of Labor — welcomed union organizers from the likes of Starbucks and Amazon to the White House. The Biden administration has made clear its intentions to embrace organized labor. Harris "has been focused on reaching women, young people, and communities of color," a White House official said.
NEW YORK, Nov 6 (Reuters) - Home Depot Inc (HD.N) retail workers voted against forming a union at a location in Pennsylvania, the U.S. National Labor Relations Board (NLRB) said late on Saturday. More U.S. companies including Starbucks Corp and Amazon.com and grocer Trader Joe's Inc have seen some workers petition to form unions. Home Depot did not immediately respond to a Reuters request for a comment regarding the outcome of the voting. Home Depot Workers United sought to unionize to address concerns regarding wages, staffing and training, said Vincent Quiles, interim president of Home Depot Workers United and a receiving associate at Home Depot. The independent union in mid-October filed an unfair labor practices charge against the retailer for engaging in unlawful surveillance and interrogating workers at the Philadelphia location, according to Home Depot Workers United.
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