Hannah Finnie is a student at Harvard Law School and a member of the Labor and Employment Lab.
Despite company attempts to quash a unionizing effort, the first REI location in the U.S. has overwhelmingly voted to unionize. Eighty-eight workers at an REI in Manhattan voted in favor of unionizing, with 14 opposed. As previously mentioned on this blog, the outdoor/adventure retailer took somewhat of an odd stance against the union, given both its general progressive leanings and its own business model as a coop with its customers (both of which are discussed here). The company released a recorded conversation between its CEO and its chief diversity and social impact manager that used many progressive phrases and terminology, while also discouraging the unionization. REI may be concerned, like Starbucks, that once one location unionizes, other locations will be inspired to follow suit. Since the first Starbucks location unionized just months ago, over 100 have since filed to vote on unionizing. While REI is a smaller company than Starbucks, it does have around 170 stores and 15,000 employees nationwide, according to the New York Times. (Relatedly, Starbucks’ legal efforts to stop stores from unionizing have been largely unsuccessful, with the NLRB repeatedly ruling in favoring of allowing stores to vote to authorize a union if they want).
Over in Madison, Wisconsin, the city is trying to narrow the size of the Metro’s union, removing its payroll and transit operation departments from union coverage. The city’s argument, according to a local labor writer and activist, seems to center on the fact that since these roles were permitted into the bargaining unit nearly 50 years ago, technology has changed the information they have access to, and they now have access to confidential information. The general rules for those who can be excluded from a union are those with executive decision-making authority (such as hiring and firing power, not necessarily just managing direct reports), and those whose jobs give them access to confidential information. The data that these workers now have access to that should turn them into confidential employees, according to the city, is pay and time off data – though, as the local labor writer’s article points out, the union likely already has access to wage data, so the confidentiality of the information is not truly what’s at issue here. If the city is successful in redrawing the lines of the bargaining unit and cutting out Metro’s payroll and transit operations departments from the union, four to six workers would be left without union protections.
Nationwide, a new piece from the Washington Post details a trend of workers asking for raises in light of rising inflation. With inflation at decades-long highs and workers enjoying a tighter-than-average labor market that results in more leverage for worker demands than in recent years, some workers (and some unions) are citing inflation to justify their requests for raises.
Finally, in Ontario, a new minimum wage law for gig workers has been introduced that would set the minimum wage at $15, but labor organizers and gig workers say doesn’t do enough. Specifically, because the minimum wage would only apply to time spent actively on assignments and not time spent waiting for assignments, the $15 minimum would only kick in some of the time. One labor lawyer compared the structure to a cashier only getting paid for time when a customer was at their till.
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March 24
Duke opposing unionizing grad student workers; NLRB prosecutors find merit to ULPs against Amazon; Starbucks investors weighing outside audit of company's labor practices.
March 23
Trader Joe's workers in Oakland file a petition to form a union; a Kenyan court temporarily blocks Meta contractor’s mass layoff of content moderators; and Starbucks workers at more than 100 stores walkout ahead of shareholders’ meeting.
March 22
NLRB's General Counsel issues two memos clarifying priorities and a recent Board decision, LA teachers go on strike, and Bloomberg Law reports higher pay raises from labor contracts
March 20
Residents and fellows at Mass General Brigham hospitals prepare to unionize; divisions in the New York Times NewsGuild union deepens as contract negotiations remain ongoing; the six-month Pittsburgh Post-Gazette strike turned violent on Saturday; Los Angeles schools prepare to close this week as workers plan to strike
March 19
Ninth Circuit reinstates Uber's Equal Protection challenge to California's AB5; reduction in SNAP benefits could lead to "hunger cliff" for low-wage workers; Amazon workers start unionizing campaign at Kentucky facility; ex-Google employees ask company to honor parental leave.
March 17
Texas committee considers sweeping legislation limiting municipal power; University of Chicago graduate students unionize; Tennessee Nissan technicians reject a unionizing effort; and protestors in France take to the streets after President Macron activates nuclear option to raise retirement age.