Amazon union vote dirty tricks
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In Amazon union election, votes cast by some ineligible ex-employees could swing outcome
(Reuters) - Although Emily Stone’s employment at an Amazon.com Inc warehouse ended on Feb. 1, she still received a ballot for her former company’s union election in the weeks following her departure and a text asking her to vote no.
The union “will make a lot of promises, but have they delivered on those promises?” read another text alert she got from the Bessemer, Alabama warehouse’s management, seen by Reuters. She recalled thinking, “I can’t figure out how to get them to stop sending me messages.”
Stone, 25, said she decided against returning the ballot because she no longer worked for Amazon. The company had declined to extend her paid leave after she contracted COVID-19 in November, which sent her to the hospital, she said.
She is not alone. Reuters spoke or texted with 19 people Amazon listed to receive a ballot for the election even though they now no longer work at the company. At least two of them already voted, they told Reuters.
Election terms, however, stipulate that workers who quit or are discharged for cause after a payroll period ending Jan. 9 are ineligible to vote, according to a decision by the U.S. National Labor Relations Board’s (NLRB) acting regional director in Atlanta. This group of Amazon workers - those who left after the January payroll period, but still ended up on the NLRB’s voter list - could become a sticking point for both the company and the union.
The NLRB requires that Amazon distribute a notice of election informing employees that they would become ineligible under those circumstances. It is not clear whether all workers who received ballots were aware of the restriction, which was detailed in one sentence of the five-page document.
The NLRB region did not send out ballots until Feb. 8. The materials were sent to workers on a list Amazon provided based on the January payroll period. In the ensuing weeks, some of the workers contacted in the NLRB’s mailing had departed the company. Ballots from those former employees, if submitted, can be contested by Amazon, the union or the labor board when votes are counted, according to the notice of election.
Reuters couldn’t determine the total number of Amazon employees who received ballots in that ineligible category.
The ballots sent to former employees could stir a potential vote-count battle between the company and the Retail, Wholesale and Department Store Union (RWDSU), which is aiming to be the first ever to organize one of Amazon’s facilities in the United States, a person familiar with union strategy said.
The RWDSU might dispute hundreds of names as ineligible to vote in a campaign open to more than 5,800 workers, the person said. Amazon declined to comment on whether it planned to dispute any names on the basis of eligibility rules.
If the election is close, these contested ballots could swing the outcome, helping encourage - or deter - future labor organizing at America’s second-biggest private employer after Walmart Inc.
Stuart Appelbaum, the RWDSU’s president, said he did not know when the results would be settled in Bessemer. He added: “We’ve heard from over 1,000 Amazon workers who want to know if their warehouse could be next” to attempt unionization.
In a statement, Amazon said, “Our goal is for as many of our employees as possible to vote.” A regional labor board official referred Reuters to the U.S. NLRB, which declined to comment on former employees’ voting eligibility or possible challenges to the election’s result.
‘FELT LIKE IT WAS UNFAIR’
Amazon has long discouraged attempts among its more than 800,000 U.S. employees to organize, namely by showing managers how to spot union activity, boosting pay and warning of union dues that would take away from that, according to a past training video, the company’s union election website and public statements. Those tactics, plus allegations by some staff of a grueling or unsafe workplace, have turned unionizing Amazon into a pivotal goal for the U.S. labor movement.
Amazon said it is following all NLRB rules and that it wants staff to understand each side of the contest.
It said, “We don’t believe the RWDSU represents the majority of our employees’ views. Our employees choose to work at Amazon because we offer some of the best jobs available everywhere we hire,” citing health benefits, a 50% 401(k) match and at least $15.30 per hour in pay in Bessemer.
Union membership has fallen to 11% of the eligible workforce in 2020 from 20% in 1983, the U.S. Bureau of Labor Statistics has said.
Ballots are reviewed starting March 30. Before the tally starts, Amazon or the union can dispute any voter’s eligibility or a ballot’s integrity. The unchallenged ballots are then counted. If there is no clear winner, the NLRB will rule on the disputed ballots at a later time.
One name that could be contested is Denean Plott. The 56-year-old associate said she left Amazon this month after having to retrieve goods “every seven seconds” from bins to fulfill customer orders. “It was a bit too exhausting for my body,” she said.
“During February, I went ahead and voted early,” she said in an interview. She was on leave after testing positive for COVID-19 at the time. “I voted pro-union.”
Five others no longer at Amazon, including Ethan Dagnan, told Reuters they have not returned their ballots.
“I had gotten it the week before I left,” said Dagnan, 18, noting he stopped working at Amazon in February. “I just chose not to vote because I felt like it was unfair.”
“VOTE NOW AND VOTE ‘NO’”
Amazon has relied on its outside law firm Morgan, Lewis & Bockius LLP for countering unionization, said John Logan, director of labor and employment studies at San Francisco State University.
In a May 2020 slide presentation on the firm’s website that accompanied a public webinar, Morgan Lewis lawyers told employers: “Unions are capitalizing on COVID-19 virus fears.” The lawyers also suggested companies prepare an argument ahead of any NLRB review for conducting union elections in person or delaying them.
They cautioned employers that mail-in voting can increase the potential for misconduct.
Late last year, Amazon also hired a Morgan Lewis labor attorney in-house and has been seeking additional lawyers who could help it with “union organizing campaigns,” according to LinkedIn data and job postings seen by Reuters. The attorney, Meredith Riccio, did not immediately respond to a request for comment.
Morgan Lewis declined to comment about its work for Amazon and its public advice for employers facing potential union campaigns. In a January public filing seeking review of the NLRB regional director’s decision to hold the Bessemer election by mail, the firm’s lawyers argued on Amazon’s behalf that an in-person election could be safely conducted with pandemic protocols for employees, NLRB agents and union observers. Amazon’s workers are already present at the facility each day, they said in the filing. The NLRB denied Amazon’s request.
With regard to Morgan Lewis, Amazon said hiring subject-matter experts across fields is standard practice. It also pointed to an NLRB decision noting that on-site elections have higher staff participation rates than mail-in ones.
Companies often want more employees voting because that can dilute unions’ support and make it more difficult for them to achieve the majority needed to win an election, said Logan, the San Francisco State University professor.
The online retailer has encouraged workers to vote in text messages some received after they departed the company. Asked why, it said it was contacting workers who were on leave to answer any questions they had about the election.
“Don’t stay on the sidelines,” read a Feb. 14 text to Alifah Furqan. “Vote now and vote ‘NO.’”
Furqan said she had left eight days prior. Reuters reviewed five campaign texts Amazon sent Furqan after she resigned, including one telling her to vote “right away” and another directing her to a mailbox the postal service installed at the warehouse.
Furqan refused.
“I knew if I didn’t work for the company that my vote couldn’t count,” she said. Furqan said she was unfamiliar with any official rule that might disqualify her ballot, but felt voting after leaving the company would be unethical. “I didn’t want to put a wrench in it because I’m for the union.”
Warehouse leadership, meanwhile, warned staff that collective bargaining came with risks for workers, according to a Jan. 13 text alert viewed by Reuters. Negotiations could result in workers losing benefits, the text said - something the union has disputed.
“Everything is on the table,” the text declared.
Reporting By Jeffrey Dastin in San Francisco and Mike Spector in New York; Additional reporting by Tom Polansek; editing by Vanessa O'Connell, Grant McCool and Edward Tobin
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There are no kings inside the gates of eden
Emails show Amazon pressed Postal Service for mailbox outside warehouse before union vote
The Retail, Wholesale and Department Store Union may claim the company’s role tainted the Bessemer, Ala., balloting and could move to overturn the results if it loses the election
SEATTLE — Emails among U.S. Postal Service employees in January and February show that Amazon pressed the agency to install a mailbox outside its Bessemer, Ala., warehouse, a move the union battling to organize workers there contends is a violation of labor laws.
The Retail, Wholesale and Department Store Union is fighting to represent 5,805 workers at the facility in one of the most high-profile labor battles in years, and the National Labor Relations Board is expected to begin counting votes today.
The union has complained about the mailbox, which the Postal Service installed just before the start of mail-in balloting for the union election in early February. It has argued that the mailbox could lead workers to think Amazon has some role in collecting and counting ballots, which could influence their votes.
The emails, obtained by the union through Freedom of Information Act requests, could extend that battle if the union loses the vote, providing fodder for unfair labor practices charges that provide grounds to overturn the results. The emails show that Amazon pressed the Postal Service to install a mailbox urgently just as the seven-week mail-in balloting began.
(Amazon chief executive Jeff Bezos owns The Washington Post.)
Amazon fights aggressively to defeat union drive in Alabama, fearing a coming wave
“We have not heard anything back on the install of this collection box,” a Postal Service account manager wrote to Alabama colleagues on Jan. 14. “Amazon is reaching out again to me today about the status as they wanted to move quickly on this.”
Six days later, the manager sent another email to her colleagues in Alabama that “Amazon’s expected set-up date for this collection box is February 7, 2021.” The manager also noted in a Jan. 8 email that a person, whose name was redacted, “at Amazon HQ would like to [be] kept in the loop on this progress.”
Despite the internal emails, Postal Service spokesman David Partenheimer said in a statement that the box was “suggested by the Postal Service as a solution to provide an efficient and secure delivery and collection point.”
Amazon spokeswoman Heather Knox said that the mailbox’s placement was intended to make voting easy and that the company proposed a variety of options to do so.
“The RWDSU fought those at every turn and pushed for a mail-only election, which the NLRB’s own data showed would reduce turnout,” Knox said in a statement. “This mailbox — which only the USPS had access to — was a simple, secure, and completely optional way to make it easy for employees to vote, no more and no less.”
The emails among Postal Service workers, though, show the lengths to which Amazon will go to fight unionization, RWDSU president Stuart Appelbaum said.
“Even though the NLRB definitively denied Amazon’s request for a drop box on the warehouse property, Amazon felt it was above the law and worked with the postal service anyway to install one,” Appelbaum said in a statement. “They did this because it provided a clear ability to intimidate workers.”
Amazon presses for in-person voting for unionization election in the midst of a pandemic
The mailbox — the type of unmarked unit with individually locked compartments and a mail slot that is common in apartment and condo buildings — does not have U.S. Postal Service markings, and the union has said that could signal to workers that the company has a role in running the election.
The union has called Amazon’s campaign to get employees to bring their ballots to work and use the mailbox an unlawful form of ballot harvesting. It has also argued that the push to get workers to use the mailbox helped the company determine which employees supported the union because they would be less likely to vote on company property.
The email exchanges contradict comments about the mailbox that Partenheimer made to The Washington Post last month, when he said the agency suggested putting the box at the warehouse, not Amazon. At the time, Partenheimer declined to say why the agency, which counts Amazon as its largest corporate client, decided to install the mailbox at the start of the mail-in election, or what led it to put the mailbox on Amazon property.
The mailbox appeared in the parking lot in front of the warehouse, inside a tent just as the mail-in voting began.
“Speak for yourself! Mail your ballot here,” reads a banner on the tent.
Why the Amazon unionization vote could take a week — or longer — to resolve
One reason the mailbox is controversial is that the NLRB, which is overseeing the election, rejected Amazon’s request to put ballot boxes at the warehouse for in-person voting. The board cited concerns about the safety of Amazon workers and agency staff members during the coronavirus pandemic in ruling that ballotsshould be sent to the NLRB by mail.
The use of social distancing procedures that Amazon employs at its warehouses to ensure workers do not get too close to one another during the pandemic “to monitor the line leading to the voting tent would give the impression of surveillance or tracking,” Lisa Henderson, the acting regional director of the NLRB’s Atlanta office, wrote in her ruling setting election rules.
More than 3,200 workers voted, though hundreds of votes were challenged, according to the union. The tally could take a day or longer as the agency counts each unchallenged vote by hand, one by one.
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There are no kings inside the gates of eden
Workers at an Amazon warehouse in Bessemer, Alabama handed the online retail giant a decisive victory when they voted against forming a union and cut off a path that labor activists had hoped would lead to similar efforts throughout the company and beyond.
After months of aggressive campaigning from both sides, 1,798 warehouse workers ultimately rejected the union while 738 voted in favor of it, according to the National Labor Relations Board, which is overseeing the process.
Of the 3,117 votes cast, 76 were voided for being filled out incorrectly and 505 were contested by either Amazon or the Retail, Wholesale and Department Store Union, which led the organizing efforts in Bessemer. But the NLRB said the contested votes were not enough to sway the outcome. About 53% of the nearly 6,000 workers cast their ballots.
The union said it would file an objection with the NLRB charging the company with illegally interfering with the union vote. It will seek a hearing with the labor board to determine if the results “should be set aside" after it accused Amazon of spreading disinformation about the unionization effort at meetings that workers were required to attend.
“Amazon has left no stone unturned in its efforts to gaslight its own employees. We won’t let Amazon’s lies, deception and illegal activities go unchallenged,” said Stuart Appelbaum, the president of the RWDSU.
Amazon said in a statement that it didn't intimidate employees.
“Our employees heard far more anti-Amazon messages from the union, policymakers, and media outlets than they heard from us," the company said. “And Amazon didn’t win — our employees made the choice to vote against joining a union."
The union push was the biggest in Amazon’s 26-year history and only the second time that an organizing effort from within the company had come to a vote. But Bessemer was always viewed as a long shot since it pitted the country’s second-largest employer against warehouse workers in a state with laws that don’t favor unions. Alabama is one of 27 “right-to-work" states where workers don’t have to pay dues to unions that represent them.
That the labor movement in Bessemer even got this far was unexpected. Amazon has an undefeated record of snuffing out union efforts before they can spread. And at a time when the economy is still trying to recover and companies have been eliminating jobs, it is one of the few places still hiring during the pandemic, adding 500,000 workers last year alone.
But the pandemic also revealed inequities in the workforce, with many having to report to their jobs even while the coronavirus was raging, leading to concerns over health and safety. The organizing efforts in Bessemer coincided with protests happening throughout the country after the police killing of George Floyd, raising awareness around racial injustice and further fueling frustration over how workers at the warehouse — more than 80% who are Black — are being treated, with 10-hour days of packing and loading boxes and only two 30-minute breaks.
In a press conference held by Amazon, four workers at the Bessemer warehouse said talk of mistreatment by the company was the opinion of a few workers, not all of them.
“We’re really sorry that their experience hasn’t been the same as ours,” said Will Stokes, one of the warehouse workers who voted against the union.
The organizing effort inside the Bessemer warehouse began last summer when a group of workers approached the RWDSU about forming a union. The movement gained momentum ever since, attracting the attention of professional athletes, Hollywood stars and high-profile elected officials, including President Joe Biden.
During the voting process, workers were flooded with messages from Amazon and the union. Amazon hung anti-union signs throughout the warehouse and held mandatory meetings to convince workers why the union was a bad idea. It also argued that it already offered more than twice the minimum wage in Alabama plus benefits without paying union dues.
Union organizers, meanwhile, stood outside the warehouse gates trying to talk to people driving in and out of work. It also had volunteers call all of the nearly 6,000 workers, promising a union will lead to better working conditions, better pay and more respect.
Sen. Bernie Sanders, a progressive icon who traveled to Alabama for a pro-union rally last month, said he was “disappointed but not surprised by the vote.”
“It is extraordinarily courageous for workers to take on one of the world’s wealthiest and most powerful corporations, a company that spent unlimited sums of money to defeat the organizing effort,” he said in a statement.
Mark Cohen, director of retail studies at Columbia University Business School, says that Amazon’s warehouses are “juicy targets of opportunity” for unions because they can be organized one at a time. The company employs more than 950,000 full- and part-time workers in the U.S. and nearly 1.3 million worldwide. Moreover, the status of Amazon’s founder Jeff Bezos as the richest man in the world makes him easy to vilify, especially when his company enjoyed record profits last year that climbed 84% to $21 billion.
Cohen, who used to be an executive at Sears Canada, called retail a “rough and tough” industry, adding that “Bezos has built a high performance-based culture with expectations of performance and productivity at every level down to the shop floor. If that’s not your gig, don’t go work for them.”
The National Retail Federation, which represents Walmart, Target and other big retailers, struck a tone of relief after the vote in Bessemer.
“Union representation is a choice for workers, but many clearly prefer opportunities in a competitive marketplace that provides strong wages and benefits over the anonymity of a collective bargaining agreement,” said David French, a spokesman for the federation.
Unions have lost ground nationally for decades since their peak in the decades following World War II. In 1970, almost a third of the U.S. workforce belonged to a union. In 2020, that figure was 10.8%, according to the U.S. Bureau of Labor Statistics. Private sector workers now account for less than half of the 14.3 million union members across the country.
Richard Bensinger, a former organizing director for the A.F.L.-C.I.O. and the United Automobile Workers, noted the large number of workers who didn’t vote in Bessemer: “To me, that’s all about the paralysis, the fear. They don’t want to be supportive of the company but they are afraid to stand up for the union.”
Despite the union defeat, Lynne Vincent, a professor at Syracuse University’s Whitman School of Management, believes the momentum of the labor movement will still grow, with more Amazon workers considering unionization and the possibility that labor laws will be changed to give employers less of an advantage.
“I don’t think Amazon can breathe comfortably,” she said.
Emmit Ashford, a pro-union Amazon worker in Bessemer who spoke at a press conference held by the retail union, said he is not giving up.
“This is just a spark that has started the fire," Ashford said. "We will keep fighting. This experience has bonded us. Our time will come around again and next time we will win.”
_____
Follow Joseph Pisani on Twitter: @ josephpisani
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https://www.washingtonpost.com/technology/2021/08/02/amazon-union-election-redo/
By Jay Greene
August 02 at 6:44 PM ET
SEATTLE — Amazon improperly pressured Alabama warehouse workers to vote against joining the Retail, Wholesale and Department Store Union and should hold a new union election, according to recommendations from National Labor Relations Board hearing officer.
The NLRB hasn’t released the decision, but the union put out a statement saying the recommendation went in its favor. The NLRB did not immediately respond to a request for comment.
The recommendation stems from the fiercely contested election at a warehouse that ended in April with a resounding defeat for the union. Workers rejected unionization by more than 2-to-1, a loss for both the RWDSU and labor groups broadly. During the nearly two-month mail-in balloting, the union drew support from leaders at the AFL-CIO as well as progressive politicians nationally including Sen. Bernie Sanders (I-Vt.) and former Georgia gubernatorial candidate and voting-rights advocate Stacey Abrams.
(Amazon founder Jeff Bezos owns The Washington Post.)
The recommendation will now move to the NLRB’s regional director in Atlanta, which oversaw the election, to issue a ruling. That decision could take several weeks, according to the agency.
“Throughout the NLRB hearing, we heard compelling evidence how Amazon tried to illegally interfere with and intimidate workers as they sought to exercise their right to form a union,” union president Stuart Appelbaum said in a statement. “We support the hearing officer’s recommendation that the NLRB set aside the election results and direct a new election.”
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A federal labor judge has ordered Starbucks to reinstate seven fired workers, reopen a shuttered location and stop infringing on workers’ rights after finding that the company violated labor laws “hundreds of times” during a unionization campaign in Buffalo, New York.
The decision issued late Wednesday by Administrative Law Judge Michael Rosas of the National Labor Relations Board requires Starbucks to post a 13-page notice listing its labor violations and workers’ rights in all U.S. stores.
The order also requires Starbucks’ interim CEO Howard Schultz to read or be present at a reading of employees’ rights and distribute a recording of the reading to all of Starbucks’ U.S. employees.
Rosas cited Starbucks’ “egregious and widespread misconduct” in his 200-page decision, which consolidated 35 unfair labor practice complaints at 21 Buffalo-area stores filed by Starbucks Workers United, the labor union organizing Starbucks’ stores. Rosas found that Starbucks had threatened employees, spied on them and more strictly enforced dress codes and other policies.
The order requires Starbucks to reinstate seven workers who were fired for their union activity and provide financial restitution for 27 other workers for violations like refusing to grant time off. It also requires Starbucks to bargain with the union at multiple stores and reopen a location in Cheektowaga, New York, that was closed amid significant union activity.
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Starbucks said Wednesday it believes the decision and the remedies ordered are inappropriate and is considering its legal options. The parties in the case have until March 28 to file an appeal to the full National Labor Relations Board.
Starbucks said the individuals in the case were fired for clear violations of the company’s policies, and not because of union activities.
But union supporters were elated with the ruling, saying it will help energize their campaign.
"This decision results from months of tireless organizing by workers in cafes across the country demanding better working conditions in the face of historical, monumental, and now deemed illegal union-busting,” said Michelle Eisen, a Starbucks barista and union organizer in Buffalo.
Eisen's store voted to unionize in late 2021, the first Starbucks in decades to take that step. At least 289 of Starbucks’ 9,000 company-owned U.S. stores have voted to unionize since then.
Workers are seeking better pay, improved training and more consistent schedules, among other things. The company says it already provides industry-leading benefits and believes its stores function best when it works directly with employees.
The ruling came on the same day that U.S. Sen. Bernie Sanders, a Vermont Independent, announced an upcoming vote that could force Shultz to testify about the union campaign before the Senate's labor committee.
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The labor union has an amazing ability to do whatever they want while the company is basically told to not do anything. It's a really ridiculous setup. Again, I understand the spirit of the issue...but in my limited experience with it, it's just dumb.
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Companies have to be very careful cause if they have communications about the union, they basically have to allow the union the same access. It is also why, though people bitch and complain, that companies do not allow lots of postings, girl scout cookie solicitations, etc. Cause if they have a board and allow certain things to be included, they are then required to allow people to post union propaganda.
It is certainly a dicey situation and I understand the need for guardrails. And I certainly believe some workplaces use intimidation, etc. And I would say some union org use intimidation as well.
Interestingly enough, one workplace I was in that was union was in a state that did not require all employees to be due paying members...but they are were held to the same contract. That created a very interesting situation. I always knew immediately after something happened that needed looked into if the employee was a due paying member or not. The union rep always showed up...but they showed up differently. If it was a due paying member it was more about finding the blame in the company, policies, procedures, leadership etc. If it was a non-due paying member it was all about what this employee did wrong and how they were a risk to the other people in the plant. And I got along really well with the Union reps despite us having a few instances of not agreeing on path forward in these situations.
You also say "employers routinely violate the rules".....how do you know this?
My experience is as both a union member and manager dealing with unionized staff, inclusive of grievance/arbitration/organizing. The Google machine is full of examples of employers violating the rules of organizing drives. One only need to look through NLRB filings and read the lawsuits. Is it with every company? No.
You disagree with my statement regarding employers being organized routinely violate the rules, how do you know that they don't?
Regardless, my experience on both sides of the fence are one of supporting organized labor versus not supporting organized labor. Are there both good and bad on both sides? You betcha.
Remember everyone complaining about how a $15.00 minimum wage would result in mass unemployment? Wally Marts and Home Depot just announced higher hourly wages than $15.00 because they can't get folks to work for them. Starbucks led the way back in the day but then Amazon ran with it. You can thank unions for making noise about it, specifically SEIU. And what does Starbucks do when a specific shop tries to organize? Closes it. And what does Amazon do? Read up on it, and the other cases google will hit on.
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it.
If you believe otherwise, how/why do you do? And again, does the word "basically" fundamentally change the meaning of your statement and how I interpreted it?
Unions can be imperative in determining working conditions, wages and benefits. Not just benefits.
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