Monday, April 25, 2022

Voting begins in Amazon union election, Part Deux

Presented by Kroger: Delivered every Monday by 10 a.m., Weekly Shift examines the latest news in employment, labor and immigration politics and policy.
Apr 25, 2022 View in browser
 
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By Nick Niedzwiadek

Presented by Kroger

Driving the Day

Today marks the start of the second squaring-off between Amazon and organizers of the upstart Amazon Labor Union on Staten Island. Voting at the warehouse complex, known as LDJ5, will run through April 29, and ballots will be counted starting May 2.

ALU's upset victory less than a month ago has spurred a whirlwind of activity in the weeks since that springboarded its leaders to prominence in organized labor circles and brought a raft of newfound attention to the uniquely DIY outfit.

"We are seeing so many surprising things happening in the world of labor," Stephanie Luce, a professor at the City University of New York's School of Labor and Urban Studies, told Shift in an interview. "The spread of unionization inspired by Amazon is extraordinary. I can't think of anything equivalent to this in decades."

Amazon has come under increased scrutiny from Democratic politicians and other outside forces. This past week, The Wall Street Journal reported that a bloc of pension funds in New York are "urging fellow shareholders to vote against re-election of two board members for what the institutions say are failures to adequately protect worker safety." An administrative law judge ordered the company to reinstate a Staten Island worker who the National Labor Relations Board determined was illegally fired after leading a protest over working conditions.

At the same time, the company has fiercely defended itself against such accusations and continued to mount a counter-messaging campaign against the union. Amazon has also feuded with the NLRB, arguing that the agency's filing of a federal court injunction in March was timed to damage the company's image ahead of the first Staten Island vote. Amazon did not return a request to comment Sunday on the upcoming election.

On Sunday, Sara Nelson, president of the Association of Flight Attendants-CWA, and American Federation of Teachers President Randi Weingarten were among those rallying in support of ALU along with Sen. Bernie Sanders (I-Vt.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.), among others. (Ocasio-Cortez's appearance was somewhat notable because of a minor dustup between her and ALU's leader, Christian Smalls.)

"You have to have politician support. We have to have the community supporting us. … So we couldn't have asked for anything better than to have Bernie and AOC show up today," Smalls said at the rally, The CITY reports.

The vote at LDJ5 could be a pivotal one for both Amazon and organized labor. A union victory would further validate its approach and dispel the notion that the previous win was a fluke; a loss, however, could sap energy from organizing efforts at other Amazon locations and harden the company's opposition to unionization.

With roughly 1,500 workers, that location is considerably smaller than the other two recent Amazon warehouse votes on Staten Island and in Bessemer, Ala. Results in the closely watched election may be known as soon as early next week.

GOOD MORNING. It's Monday, April 25. Welcome back to Morning Shift, your go-to tipsheet on employment and immigration news. Send feedback, tips and exclusives to emueller@politico.com and nniedzwiadek@politico.com . Follow us on Twitter at @eleanor_mueller and @nickniedz.

 

JOIN US ON 4/29 FOR A WOMEN RULE DISCUSSION ON WOMEN IN TECH : Women, particularly women of color and women from disadvantaged socioeconomic backgrounds, have historically been locked out of the tech world. But this new tech revolution could be an opportunity for women to get in on the ground floor of a new chapter. Join POLITICO for an in-depth panel discussion on the future of women in tech and how to make sure women are both participating in this fast-moving era and have access to all it offers. REGISTER HERE.

 
 

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Around the Agencies

WHERE'S MARTY? Labor Secretary Marty Walsh is in New York City today at the offices of the United Federation of Teachers in Manhattan for a roundtable discussion on retirement security. Attendees will include New York State Comptroller Tom DiNapoli, the heads of UFT and the American Federation of Teachers, academics and representatives of the financial services sector.

NLRB SUES STARBUCKS: The National Labor Relations Board regional director in Phoenix on Friday filed for a federal court injunction seeking to force Starbucks to reinstate three employees the agency believes were targeted for their organizing activity.

According to the petition, one employee was fired, another was forced out and the third was placed on unpaid leave. The NLRB argues that those actions harmed the individual employees and have created an atmosphere of intimidation toward union-sympathetic workers. The company has denied wrongdoing.

"We respect our partners' right to organize but will also take the necessary steps to ensure every partner and customer has a welcoming and safe environment in our stores," Starbucks said in a statement to Bloomberg.

It's just the latest high-profile example of the board's muscular use of so-called 10(j) filings, named after the section of law that authorizes it, which have been a point of emphasis for NLRB General Counsel Jennifer Abruzzo. The instrument has been at the heart of an ongoing dispute between the agency and Amazon.

Also on Friday: The NLRB gave the go-ahead for 21 quality assurance workers at Raven Software, a video game studio owned by Activision Blizzard, to hold a union election in May. The voting will be conducted by mail, with a count to begin May 23.

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In the Workplace

WASHINGTON GIG WORKER LAW BECOMES TUG-OF-WAR: Washington state last month passed a law creating standards for gig workers, namely Uber and Lyft drivers, that cobbled together support from both the industry, progressive lawmakers and a local union leader.

The legislation could provide a blueprint for other states to adopt in the absence of federal action — a prospect that national unions are already gearing up to fight, Eleanor reports this morning.

AFL-CIO President Liz Shuler and Teamsters President Sean O'Brien have dug in against the measure, which steers clear of the divisive issues of employee classification and collective bargaining. "Washington state's model is not the template for the rest of the country to follow," Shuler said.

The details: In addition to providing drivers with paid sick leave and workers' compensation, the measure also establishes a minimum rate of $3 per trip, $1.17 per mile and $0.34 per minute. The legislation also creates a means for drivers to appeal their removal from the ride-hailing apps, which Teamsters 117 Vice President Brenda Wiest called the "substance of the actual policy" and said has been a priority for the state's drivers and their allies for years.

A key consideration: A short legislative session combined with the threat of a possible ballot initiative akin to California's Proposition 22 lent urgency to the talks. The employer-backed California measure, which cemented ride-hail drivers and other gig workers as independent contractors is currently tied up in court amid opposition from unions and their allies.

UI CLAIMS EDGE LOWER: Initial jobless claims ticked down 2,000 from the week prior, dropping to 184,000, according to Labor Department data.

"Jobless claims have hovered around half-century lows since late 2021 as the labor market has continued to improve during the economic recovery. The four-week average for claims, which smooths out volatility, nudged up to 177,250 from 172,750 a week earlier," The Wall Street Journal reports.

TRANSITIONS: The National Domestic Workers Alliance named Jenn Stowe executive director. Stowe will succeed Ai-jen Poo, who will shift into the role of president. Stowe previously served as Poo's chief of staff, per POLITICO Influence.

 

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Unions

STARBUCKS RECOUNT TIES TALLY: A Buffalo-area Starbucks location where union supporters led the initial count is now deadlocked 10-10 after six contested ballots were added to the tally.

"The final results of the vote are still unknown because there is still one challenged, unopened ballot" that the NLRB has yet to rule on, according to WGRZ.

On Thursday, workers at the Starbucks Reserve Roastery in Seattle voted 38-27 in favor of unionization, the Seattle Times reports . The company's roastery in New York City voted to unionize earlier this month. These stores are significantly larger than a typical location and have more bells-and-whistles aimed at luring higher-end coffee aficionados.

Law360 has compiled a comprehensive tracker of the Starbucks unionization effort, which now spans more than 200 coffee shops.

 

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In the States

FOR SALE: KN95 MASKS, NEVER WORN: Philadelphia ended its revived indoor mask mandate on Friday — just three days after it went back into effect.

The turnabout was all the more jarring as health officials and elected city leadership weren't on the same page . "While the health commissioner framed the decision as one driven by data and science, [Mayor Jim] Kenney cited politics and logistics," according to the Philadelphia Inquirer.

The recent federal court ruling striking down the federal mask requirement on public transportation also reportedly played a role.

GOING POSTAL: A New Jersey postal worker was arrested for allegedly printing hundreds of phony Covid-19 vaccination cards from an office printer.

The woman "advertised the cards for sale on social media, bragging in a private message to one person she later sold a card to 'Making fakessssss, Graphic design degree paying off,' according to charging documents," NJ Advance Media reports.

MORE FAKE VAX CARD NEWS: "UFT moves to sue over workers on leave due to fake vaccine cards," from POLITICO New York.

Immigration

BIDEN STANDING FIRM ON TITLE 42: The White House is not backing away from its plans to end a Trump-era deportation policy that swiftly expelled migrants and asylum seekers without due process, despite an onslaught of criticism largely from members of President Joe Biden's own party.

His decision to end the use of the pandemic-era public health order known as Title 42 has placed Biden in a political bind, our Laura Barrón-López, Christopher Cadelago and Eugene Daniels report.

"It's not like we've been hiding the ball on this," a White House official said, speaking freely about the state of play on condition of anonymity.

MORE TITLE 42 NEWS: "Cuellar: White House listening to 'immigration activists' on Title 42," from our Quint Forgey.

AND EVEN MORE: " Border visit backfires on vulnerable Senate Dem," from Sabrina Rodriguez.

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Some of the most attractive aspects of working at the Kroger Family of Companies are the benefits that can be enjoyed by both our part-time and full-time associates. Unlike with many other companies, you do not have to work a full 40-hour work week in order to be eligible for benefits like affordable healthcare, 401(k)s, and pensions with the Kroger family of companies.

Learn more about the opportunities made possible by the Kroger Family of Companies.

 
What We're Reading

— "Job Recruiting on College Campuses Roars Back to Life," from The Wall Street Journal.

— "New York labor department workers snared in massive unemployment fraud scheme," from the Albany Times-Union.

— " As he keeps tabs on public workers, Gableman contends Milwaukee employee is a Democrat because she plays video games, wears nose ring," from the Milwaukee Journal-Sentinel.

— "With Inflation, Workers Are Facing Return-to-Office Sticker Shock," from The New York Times.

— " The Best Job Markets Aren't in the Biggest Cities," from The Wall Street Journal.

— "Murdery mystery game company Hunt A Killer sees layoffs following pandemic boom," from Polygon.

— "The Belarusian railway workers who helped thwart Russia's attack on Kyiv," from The Washington Post.

— "Gen Z does not dream of labor," from Vox.

THAT'S ALL FOR MORNING SHIFT!

 

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Nick Niedzwiadek @nickniedz

 

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