Holden Hopkins is a student at Harvard Law School.
In today’s News & Commentary, another store of unionized Apple Store workers reaches a deal, NLRB finds unfair labor practice over Starbucks subpoenas, and New York Governor Hochul signs a workplace violence prevention bill into law.
Gil reported in July that the first unionized Apple Store (in Towson, Maryland) had reached a contract with their employer. Now, a second store has achieved a collective bargaining agreement. Workers at the Oklahoma City store announced the deal on Friday, averting a potential strike. The CBA is similar to the one achieved by Maryland Apple Store employees, with an 11.5% wage increase over three years, along with “more involvement in the scheduling process, a grievance and arbitration process to settle disputes, paid time off, health benefits, and job protections if stores close.” The Oklahoma workers are organized through the CWA.
While this marks a promising step forward for these workers, the broader push to unionize more Apple Stores has faced headwinds. With more than three hundred locations nationwide, workers have struggled to gain traction so far outside of a handful of stores. At issue in organizing these stores is employer pushback and what organizers call a “difficult organizing environment,” with many employees being long-tenured and having strong ties to the Apple brand.
The National Labor Relations Board ruled on Friday that Starbucks had violated labor law when it subpoenaed worker testimony presented to the Board. This ruling upheld an administrative law judge’s initial holding from last year that such actions violate Section 7 by “restrain[ing] the workers’ ability to organize and participate in the board’s litigation.”
The testimony at issue had been given by two Starbucks baristas at a La Quinta, California cafe in confidential witness affidavits submitted to the Regional Office. Starbucks sought these documents as well as journals and recordings made by organizers during the union drive at the store as a part of a separate unfair labor practice case. The Board ordered Starbucks to cease its unlawful behavior.
And on Thursday, New York Governor Kathy Hochul signed the Retail Worker Safety Act into law. This measure requires retail employers to develop workplace violence prevention plans. Bloomberg Law described it as “one of the most expansive workplace violence laws for retailers in the country,” and many of the law’s provisions apply to employers with as few as ten employees. Under the law, retailers will have to train their employees in conflict de-escalation and how to respond to gun violence, as well as requiring “panic buttons” at large employers for employees to quickly contact law enforcement in the event of an emergency.
This is the latest in state legislative action on workplace safety—California passed a similar law with applicability across more sectors which went into effect on July 1 of this year. The New York law will take effect on January 1, 2025.
Daily News & Commentary
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December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.
December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.
December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction