Swap Agrawal is a student at Harvard Law School.
In this weekend’s news and commentary, Workers United alleged that Starbucks illegally retaliated against employees’ union activity by closing a store; New York lawmakers passed a bill targeting Amazon’s use of production quotas in its warehouses; and Microsoft president Brad Smith announced new principles for the company’s engagement with organized labor.
On June 3, Bloomberg reported that the Workers United union filed a complaint with the NLRB accusing Starbucks of illegally shutting down a recently-unionized store. The union claims that Starbucks violated federal labor law by closing down an Ithaca, NY store in retaliation for workers’ union organizing efforts. Meanwhile, Starbucks claims that the closure was due to staffing and attendance issues at the store. Employees at the Ithaca store, which is located near Cornell University’s campus, voted to unionize in April following a one-day strike. Starbucks said that it opens and closes stores “as a regular part” of its operations and that it wants to negotiate with Workers United regarding the closure’s impact on employees. Evan Sunshine, a store employee, said in a statement on behalf of the union that “Starbucks won’t get away with retaliating against us like this.”
On June 3, the New York State Assembly passed the Warehouse Worker Protection Act, a bill targeted at Amazon’s use of production quotas in its warehouses. The bill requires companies that operate warehouses to disclose quotas to workers, notify workers of any changes in expectations, and bars companies from implementing measures that prevent employees from taking breaks. Elected officials on the chamber’s labor committee drafted the bill with the New Yorkers for a Fair Economy coalition, which organized and lobbied to build support in the legislature, and prominent New York labor unions have applauded its passage. Amazon employees and worker advocacy groups, including the Amazon Labor Union, have argued that Amazon’s focus on speed has led to an increase in workplace injuries. New York Gov. Kathy Hotchul has not yet indicated whether she plans to sign the bill into law.
On June 2, Microsoft president Brad Smith published a blog post announcing a new set of principles for the company’s approach to organized labor that “will make it simpler, rather than more difficult” for employees to form a union. The four principles cover: (1) the importance of listening to employees’ concerns, (2) recognition of employees’ legal right to form or join a union, (3) commitment to collaborative approaches with unions when Microsoft is presented with a specific unionization proposal, and (4) a commitment to building on Microsoft’s global labor experiences with work councils in Europe. While Smith argued that employees will “never need to organize to have a dialogue with Microsoft’s leaders,” he also acknowledged that the workplace is changing due to recent unionization campaigns in the tech sector across the country. Smith’s blog post comes on the heels of Microsoft’s acquisition of Activision Blizzard Inc., which is the home of the first labor union in the U.S. gaming industry. The Communication Workers of America filed an NLRB complaint on Friday alleging that Activision illegally retaliated against employees for their unionization efforts. It remains to be seen whether Microsoft will take a more collaborative approach towards the union in its management of Activision. In the meantime, Microsoft’s preemptive approach is in stark contrast to other major Seattle employers such as Amazon and Starbucks who are fighting tooth and nail against unionization efforts.
Daily News & Commentary
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July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.
July 1
Trump nominates Keith Sonderling as Labor Secretary; DOL eliminates disparate-impact liability from Title VI regulations; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.