But on Friday, the results of that election showed that workers at the Staten Island, New York, plant voted overwhelmingly to unionize with Amazon Labor Union (ALU), the grassroots labor organization. created by Smalls and other current and former Amazon employees. ease. The move marks the first time a group of American workers have successfully voted to form a union in Amazon’s 27-year history.
Now, the step vote and fast-track approach to getting there could well have ripple effects on Amazon, where other labor efforts are already underway. It has the potential to motivate workers at other warehouses to unionize, labor experts say, and perhaps rethink more conventional tactics for doing so. It could also energize the broader labor movement in the United States.
Amazon, the country’s second largest private employer, has become even more dominant during the pandemic, hiring hundreds of thousands of workers to meet the growing demand for online deliveries. The company is also widely seen as setting the standards for what the future of work looks like in the United States, with a focus on ultra-efficient warehouses, automation and careful tracking of worker productivity. .
“Amazon workers across the country will now believe that it is possible to run and win an election, but it will still be difficult,” said Rebecca Givan, professor of labor law at Rutgers University. “The odds are always, always against workers organizing in a situation like this, but this is proof that it can be done and it will likely inspire workers elsewhere.”
But as the dust settles on the vote, questions remain about how far Amazon might push back against the new union — and any other efforts that attempt to follow in its footsteps.
How Amazon can push back
Amazon said it is investigating “the filing of objections” to what it claims is “inappropriate and undue influence” by the NLRB, the independent federal agency charged with protecting employees’ right to organize. .
Kayla Blado, acting director and press secretary for the NLRB, issued a pointed statement to CNN Business on Friday in response to Amazon. “The NLRB is an independent federal agency appointed by Congress to enforce the National Labor Relations Act. All of the NLRB’s enforcement actions against Amazon have been consistent with this Congressional mandate.”
Givan said Amazon’s statement suggests it may not have a clear path to challenge the results through what could be considered a more typical means. “There don’t appear to be any disputes based on the conduct of campaign organizers, otherwise they would have come to light now, and certainly not voter eligibility, otherwise there would have been more disputed votes,” Givan said. . noted.
Similarly, Kate Andrias, a professor of labor law at Columbia Law School, called it a “very unusual argument”, noting that it appears the company “hopes to exert political pressure on the NLRB so that he withdraws”.
What is clear, according to labor experts, is that Amazon is not likely to embrace the ALU, which is due to launch another election at a Staten Island sorting facility later this month. And that could prove difficult when the ALU enters a next phase of negotiating a contract.
Givan said some employers sometimes try to undermine union efforts by making it difficult to conclude a contract, with a process called surface bargaining.
“They will try to do the minimum or will not be serious at the negotiating table. They have a legal obligation to negotiate supposedly in good faith, but there are not many teeth behind [enforcement of that obligation]“, said Givan.
Although Amazon is legally obligated to begin negotiations in a timely manner, some labor experts have noted that Amazon may attempt to delay as much as possible and postpone negotiations until any potential legal complaints are resolved. According to John Logan, a professor of labor and employment studies at San Francisco State University, some companies believe that “you haven’t lost anything until you sign a contract.”
Given its prominence, Amazon is likely to come under scrutiny in how it navigates in the coming weeks and months in response to the election results.
Where does the union push go next
Hours after the union victory, the result was hailed by the White House, advocacy groups and major unions, some of which hinted at plans to capitalize on Amazon’s new organizing dynamics.
But the Staten Island effort also underscores that an “unconventional” campaign can be victorious, Logan said. As he told CNN Business before the vote count, unionizing Amazon will require “something that will take off like wildfire and, to a large extent, be worker-led and based on the self-organization of the workers”.
ALU, which launched its labor campaign largely through donations collected on crowdfunding website GoFundMe, can inspire just that.
At Smalls’ former warehouse on Staten Island, the focus now shifts from the ballot box to the negotiating table. In a press release Saturday, ALU said Smalls demanded that Amazon start negotiations in early May. “We sincerely hope that we can enter into a constructive dialogue with our employer and that the process will result in a significant improvement in the working conditions of Amazon workers,” the statement said.
“I would never agree to anything that doesn’t benefit us, and I’m talking about us down there, entry-level workers,” Smalls said. “We are at least a year or more away from thinking about dues. We have to fight for a contract first.”
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