Hannah Finnie is a writer in Washington, D.C. interested in the intersections of work and culture. She is a graduate of Harvard Law School.
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.
Daily News & Commentary
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November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers
November 14
DOT rule involving immigrant truck drivers temporarily stayed; Unions challenge Loyalty Question; Casino dealers lose request for TRO to continue picketing