[US] Second Amazon unionisation effort fails but inspires new legislation

A second unionisation effort at an Amazon sortation facility on Staten Island in New York has failed. The independent Amazon Labor Union (ALU) received only 380 votes out of a possible estimated 1,600 eligible employees, Fashion United reports.

The vote was tallied on May 2 by the National Labor Relations Board (NLRB). Its result means that the LDJ5 campus will not join neighbouring Staten Island warehouse JFK8 in becoming the first set of employees to negotiate a union contract with Amazon in its history. Amazon became the largest apparel retailer in the United States during the pandemic and is expected to achieve $73 billion in apparel and footwear sales this year, according to Wells Fargo analysts.

Chris Smalls - founding organiser of the successful JFK8 union drive and president of the ALU - spoke of his disappointment after the announcement, "We are not happy with the results but we've got to continue to organise," he told reporters waiting outside the NLRB offices in Brooklyn. "I'm proud that once again these organizers came together, months ago, and they brought a trillion-dollar company to the brink of an election.”

The ALU campaign was prompted by employees’ experiences working for Amazon during the pandemic and aimed towards getting higher hourly wages of $30 per hour, longer breaks, a reduction in mandatory overtime outside of peak seasons, protection against layoffs and a better sick day policy. The latter was a response to the fact that Amazon has twice the national warehouse injury rate, according to a report by the National Employment Law Project.

Factors affecting the outcome

Unionisation efforts at the LDJ5 facility had only been underway for a few months; the winning campaign at the JFK8 warehouse took almost a year. The infrastructure for the start-up union was also essentially being built as the campaigns progressed with just about $200,000 raised through crowd-funding. The effort and funding ended up being focused on the larger JFK8 location.

Amazon also had time between the votes to ramp up its own campaign at LDJ5 to aggressively fight back against the union effort, which they have been known to do. According to The New Yorker, Amazon increased the pressure on the largely part-time staff, who may have been more susceptible to intimidation or fear of retaliation as their employment status with the company is already more vulnerable. It was also reported that some workers at LDJ5 felt the union’s promises were unrealistic.

A lawyer representing the ALU, Eric Milner, has reportedly stated that the possibility of filing an objection to the election results with the NLRB is being considered.

Status of the JFK8 Negotiations

Amazon did not wait to challenge the results of the JFK8 workers’ vote, which could delay any negotiations for months. The e-commerce giant has argued the NLRB Brooklyn office, who oversaw the election, was biased in favour of the workers. Amazon succeeded in transferring their objection case to an NLRB office in Arizona where they have been granted a hearing on May 23 that could lead to the election result being overturned and could also trigger a redo vote.

Amazon has also accused the ALU of unfairly pressuring workers to vote yes and claims that the organisers distributed cannabis to gain favour.

The New Yorker has noted that prior to the LDJ5 vote, Amazon representatives handed out free Krispy Kreme doughnuts and t-shirts, which the company states it does regularly as a thank you to workers.

The ALU’s attorney, Mr Milner, responded to the accusation in the AP stating that distributing cannabis “is no different than distributing free t-shirts and it certainly did not act to interfere with the election.”

State Lawmakers move to protect warehouse workers

It will be some time before it becomes clear whether the ALU’s effort is a growing national movement or only a one-off, but lawmakers have taken notice and have been motivated by the union’s story to take broader action.

On April 29 in New York State - where the ALU was founded - the chair of the New York Labor Committee, Senator Jessica Ramos, introduced a bill that would require employers to disclose and place limits on algorithm-driven quotas for warehouse workers that increase injury rates.

“These so-called productivity quotas do not allow for workers to comply with recommended ergonomic health and safety standards and contribute to a workplace injury rate that accelerates turnover,” Ms Ramos said. 

“The Warehouse Worker Protection Act will give workers in this industry - union or not - the ability to demand that their health and bodily integrity is accounted for, and not sacrificed for profits they do not get to share in.”

Source: Fashion United

(Quotes via original reporting)

A second unionisation effort at an Amazon sortation facility on Staten Island in New York has failed. The independent Amazon Labor Union (ALU) received only 380 votes out of a possible estimated 1,600 eligible employees, Fashion United reports.

The vote was tallied on May 2 by the National Labor Relations Board (NLRB). Its result means that the LDJ5 campus will not join neighbouring Staten Island warehouse JFK8 in becoming the first set of employees to negotiate a union contract with Amazon in its history. Amazon became the largest apparel retailer in the United States during the pandemic and is expected to achieve $73 billion in apparel and footwear sales this year, according to Wells Fargo analysts.

Chris Smalls - founding organiser of the successful JFK8 union drive and president of the ALU - spoke of his disappointment after the announcement, "We are not happy with the results but we've got to continue to organise," he told reporters waiting outside the NLRB offices in Brooklyn. "I'm proud that once again these organizers came together, months ago, and they brought a trillion-dollar company to the brink of an election.”

The ALU campaign was prompted by employees’ experiences working for Amazon during the pandemic and aimed towards getting higher hourly wages of $30 per hour, longer breaks, a reduction in mandatory overtime outside of peak seasons, protection against layoffs and a better sick day policy. The latter was a response to the fact that Amazon has twice the national warehouse injury rate, according to a report by the National Employment Law Project.

Factors affecting the outcome

Unionisation efforts at the LDJ5 facility had only been underway for a few months; the winning campaign at the JFK8 warehouse took almost a year. The infrastructure for the start-up union was also essentially being built as the campaigns progressed with just about $200,000 raised through crowd-funding. The effort and funding ended up being focused on the larger JFK8 location.

Amazon also had time between the votes to ramp up its own campaign at LDJ5 to aggressively fight back against the union effort, which they have been known to do. According to The New Yorker, Amazon increased the pressure on the largely part-time staff, who may have been more susceptible to intimidation or fear of retaliation as their employment status with the company is already more vulnerable. It was also reported that some workers at LDJ5 felt the union’s promises were unrealistic.

A lawyer representing the ALU, Eric Milner, has reportedly stated that the possibility of filing an objection to the election results with the NLRB is being considered.

Status of the JFK8 Negotiations

Amazon did not wait to challenge the results of the JFK8 workers’ vote, which could delay any negotiations for months. The e-commerce giant has argued the NLRB Brooklyn office, who oversaw the election, was biased in favour of the workers. Amazon succeeded in transferring their objection case to an NLRB office in Arizona where they have been granted a hearing on May 23 that could lead to the election result being overturned and could also trigger a redo vote.

Amazon has also accused the ALU of unfairly pressuring workers to vote yes and claims that the organisers distributed cannabis to gain favour.

The New Yorker has noted that prior to the LDJ5 vote, Amazon representatives handed out free Krispy Kreme doughnuts and t-shirts, which the company states it does regularly as a thank you to workers.

The ALU’s attorney, Mr Milner, responded to the accusation in the AP stating that distributing cannabis “is no different than distributing free t-shirts and it certainly did not act to interfere with the election.”

State Lawmakers move to protect warehouse workers

It will be some time before it becomes clear whether the ALU’s effort is a growing national movement or only a one-off, but lawmakers have taken notice and have been motivated by the union’s story to take broader action.

On April 29 in New York State - where the ALU was founded - the chair of the New York Labor Committee, Senator Jessica Ramos, introduced a bill that would require employers to disclose and place limits on algorithm-driven quotas for warehouse workers that increase injury rates.

“These so-called productivity quotas do not allow for workers to comply with recommended ergonomic health and safety standards and contribute to a workplace injury rate that accelerates turnover,” Ms Ramos said. 

“The Warehouse Worker Protection Act will give workers in this industry - union or not - the ability to demand that their health and bodily integrity is accounted for, and not sacrificed for profits they do not get to share in.”

Source: Fashion United

(Quotes via original reporting)