Travis Lavenski is a student at Harvard Law School.
In today’s News & Commentary, Starbucks walks out on bargaining negotiations, Amazon workers in California withdraw from union election, and Netflix music supervisors have filed for a union election.
Starbucks representatives walked out during the first day of bargaining yesterday, a move that Starbucks Workers United calls “childish delay games.” Starbucks made headlines this September for proposing bargaining dates with the union scheduled in October. At the time, the union remained cautiously optimistic about the news, noting that it was still waiting to see whether Starbucks was willing to negotiate in good faith with the union. The first day of bargaining with 5 of the recently unionized stores was cut short, however, as Starbucks representatives walked out after only a few minutes because some workers were joining the bargaining session virtually. The representatives caucused for nearly 2 hours while the workers awaited their return. Eventually, representatives for the company came back and told workers that it would only proceed if the bargaining session were conducted without the virtual component. Starbucks representatives left for the day just minutes later, and no substantive negotiations were had. Starbucks Workers United has charged the company with “trying to change the rules,” noting that the virtual component to bargaining has not been an issue with Starbucks in the past.
In Amazon news, the Amazon Labor Union has withdrawn its union election petition at the ONT8 warehouse in Moreno Valley, California. The location filed for an election with the National Labor Relations Board on October 12. On October 18th, Amazon challenged the petition, claiming that the ALU misrepresented the number of workers eligible to vote and casting doubt that the union gathered the necessary 30% support to file for an election. ALU president Chris Smalls told the LA Times that the withdrawal is “nothing to worry about,” and that the union plans to resubmit an election petition after a few weeks. The ONT8 location is “a critical hub” for Amazon, and labor organizers have spent years preparing for a union push at this location. The ALU similarly withdrew its initial union petition for the JFK8 warehouse before resubmitting nearly two months later.
Finally, music supervisors at Netflix have filed for a union election with the NLRB. The music supervisors, who are seeking to be represented by IATSE, previously requested voluntary recognition from the streaming giant, which the company refused. The union drive comes as workers “responsibilities have expanded… conditions have deteriorated… and pay has stagnated.” Workers seek to address workplace issues such as fair and equal treatment, better healthcare and retirement plans, and disparate pay rates between workers. Music supervisors remain an anomaly in the entertainment industry because of their general lack of labor representation. Earlier this summer, music supervisors attempted to organize industry-wide with IATSE, with 75% of them signing union authorization cards. The Alliance of Motion Picture and Television Producers (AMPTP) refused to voluntarily recognize the worker’s industry-wide push.
Daily News & Commentary
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August 2
WestJet flight attendants go on strike, and the American Federation of Government Employees challenges another VA attempt to terminate its collective bargaining agreement.
July 31
Legislators move to end mandatory arbitration in employment contracts; NYC tip laws result in greater pay for delivery workers; women's college basketball players seek to unionize.
July 30
Supreme Court denies Cemex's bid to pause bargaining order; employers remain exposed to Title VII suits over English-only rules; Texas judge declines to enjoin NLRB proceeding despite unconstitutional removal protections.
July 29
NYC public defender strikes spread to the Bronx; NLRB drops challenge to New York labor law after Amazon wins its case; new data shows appointments of women and minorities to S&P 500 boards at lowest level in a decade.
July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.