Tag Archives: Labor Issues

Apple’s union-busting practices violated employee rights at NYC store, judge rules

Posted on by

Apple is once again in trouble for its union-busting practices. The National Labor Relations Board (NLRB) judge ruled Apple interfered with employees' organizing efforts at its World Trade Center store in New York City after workers, Bloomberg reported. Managers were found to have taken away pro-union flyers in the break room and attempted to dissuade employees from joining unions, which prosecutors argued had led employees to end the organizing campaign. A judge ordered Apple "cease and desist from coercively interrogating employees regarding their protected concerning activities and Union sympathies." 

The news broke in early 2022 that Apple store workers nationwide were quietly organizing in response to concerns that their wages didn't reflect the rising cost of living. However, Apple soon hired the anti-union law firm Littler Mendelson, which also represents Starbucks and McDonalds, among others. The company also instructed store managers to share anti-union sentiments, such as warning employees that joining a union could bring reduced pay, career opportunities and time off. That May, the Communications Workers of America filed Unfair Labor Practice charges for the Apple stores in the World Trade Center and Atlanta's Cumberland Mall. 

Union efforts are slowly gaining ground at Apple stores across the country. The NLRB previously found Apple had violated federal law in Atlanta, including daily mandatory anti-union meetings for employees and interrogating workers. Last year, employees at an Apple store in Maryland and another in Oklahoma voted to unionize. Yet, other locations like the St. Louis branch abandoned plans to unionize, blaming similar tactics by Apple. 

This article originally appeared on Engadget at https://www.engadget.com/apples-union-busting-practices-violated-employee-rights-at-nyc-store-judge-rules-115036323.html?src=rss

Amazon again accused of breaking labor laws at unionized warehouse

Posted on by

Amazon has been accused again of illegal anti-union behavior. The National Labor Relations Board (NLRB) filed a complaint Monday, saying the company changed its policies to squash union support at its only unionized warehouse in Staten Island, as reported byBloomberg. The complaint says Amazon changed policies to prohibit onsite union meetings while bypassing labor negotiations for providing paid leave for COVID-19 cases, among other violations. The accusations paint a picture of a corporation essentially dismissing the union, which voted to organize in 2022, as illegitimate — an image that lines up with its CEO’s public comments.

The NLRB accuses Amazon of changing a policy to prevent unionized workers from accessing the Staten Island warehouse during their time off. In addition, the agency says the company terminated two employees because of their association with the Amazon Labor Union (ALU) and changed its paid-leave policy for COVID-19 cases unilaterally — without negotiating with the workers’ organization.

The complaint also alleges that Amazon CEO Andy Jassy broke federal labor laws by saying unionized employees would be less empowered and have difficulty enjoying direct relationships with supervisors in an interview at The New York Times DealBook Summit in December. “That has a real chance to end up in federal courts,” Jassy added about the workers’ establishment of “bureaucratic” unions. Amazon has argued that the union’s establishment should be overturned because of “misconduct.”

The NLRB complaint describes Jassy’s comments as “interfering with, restraining and coercing employees,” saying his quotes about losing access to managers were an illegal threat. The NLRB filed a previous complaint in October following similar anti-union comments from Jassy. “All these Succession-style billionaires should be held accountable for unlawful actions, and that’s what we’re doing,” said ALU attorney Seth Goldstein. “[The complaint] is going to send a strong message to the union-busters and to CEOs like Jassy who think that they can say whatever they want to and they won’t be held accountable.”

In cases like this, NLRB prosecutors’ complaints are sent to agency judges, whose rulings can be appealed to labor board members in Washington and, if it stretches beyond that, to federal court. But, unfortunately, although the National Labor Relations Act (NLRA) allows the independent agency to make employers reinstate wrongly terminated workers and change policies, it can’t issue fines to them (or individual executives like Jassy). So don’t be shocked if this saga makes its way through the courts as Amazon flexes its muscle to try to avoid meaningful consequences and prevent the lone unionized warehouse from sparking a broader movement within the corporation.

This article originally appeared on Engadget at https://www.engadget.com/amazon-again-accused-of-breaking-labor-laws-at-unionized-warehouse-165523220.html?src=rss

After layoffs and an AI scandal, CNET’s staff is unionizing

Posted on by

CNET, the venerable tech site which began publication nearly 30 years ago, has become the latest digital media company whose staff have chosen to band together and demand more. The CNET Media Worker's Union (CMWU) today sent a letter to Red Ventures, the private equity concern which purchased CNET in 2020, seeking recognition of a bargaining unit of nearly 100 workers including editors, writers, and video producers. According to CMWU, a supermajority of those in the unit signed union authorization cards.

Like the overwhelming majority of other organized digital publications, the workers who make up CMWU are responding in large part to an increasingly hostile financial climate in the industry. CNET has not been spared the same tumult that has led to the shuttering of Buzzfeed News and VICE's decision to file for bankruptcy: the company went through three brutal rounds of layoffs over recent months, the most recent of which stripped approximately a dozen staffers from the masthead. "We lost a lot of really great reporters," Laura Michelle Davis, an editor with CNET and organizing committee member, told Engadget.

According to Davis, that sense of uncertainty led to a number of voluntary departures, but also to the surviving staff choosing to organize. Despite those cuts, according to the union's statement sent to management today, staff have continue to be "subjected to ongoing restructuring, cost-cutting austerity measures, shifting job roles and promotion freezes." 

CMWU has also organized around what it feels is a "blurring of editorial and monetization strategies" and a lack of transparency around, among other things, the use of artificial intelligence. While it was apparently not a key factor in beginning the union drive, CNET was the subject of a fairly public scandal recently, when it was revealed by Futurism, both to the public at large and allegedly to the staff itself, that the site had begun publishing content written by AI without any form of authorship disclosure. Over half of those machine-generated stories were eventually appended with corrections for factual errors, and CNET later issued something like an apology.  

The unit is represented by the Writer's Guild of America, East, which has helped organize sites including Vox, HuffPost, and The Onion. Screenwriters from the union's sister organization, the Writer's Guild of America, have now been on strike for two weeks over a variety of disputes with the Alliance of Motion Picture and Television Producers, among which also has been the use of AI in content production. (Disclosure: I was a member of the WGA-E and served on the bargaining committee for Gizmodo Media Group during my tenure there.)

While the contours of whatever contract CMWU may eventually bargain with Red Ventures are still to be decided, the bargaining unit will be looking to substantially similar wins in digital media as a guide. We've reached out to Red Ventures for comment and will update if we hear back. CMWU's organizing statement follows below: 

"CNET has been a trusted authority for original reporting, helpful explainers and honest advice for nearly 30 years. We – writers, editors, video producers, designers and other content creators – are committed to CNET’s future as a reputable source for tech reviews, news and commerce. That’s why an overwhelming majority of us have formed the CNET Media Workers Union, affiliated with the Writers Guild of America, East. We are confident that our collective efforts will allow us to better serve our audience and make a more collaborative workplace.

"The digital media landscape is transforming rapidly. In this time of instability, our diverse content teams need industry-standard job protections, fair compensation, editorial independence and a voice in the decision-making process, especially as automated technology threatens our jobs and reputations. A union will help us adapt to new business strategies while establishing high journalistic standards and practices. 

"Since Red Ventures acquired CNET in fall 2020, CNET media workers have been subjected to ongoing restructuring, cost-cutting austerity measures, shifting job roles and promotion freezes. In the past year, three major rounds of layoffs have deeply impacted our reporting and our teams. Red Ventures cut senior editorial positions, eliminated the Roadshow cars section, drastically slashed our video team, gutted our news division and shut down science and culture coverage. These unilateral overhauls created low morale and unease, resulting in a wave of resignations and talent attrition. We face a lack of transparency and accountability from management around performance evaluations, sponsored content and plans for artificial intelligence. We are concerned about the blurring of editorial and monetization strategies.

"By unionizing, we’re joining our peers at other digital media sites who have won security and benefits through negotiating unit-wide contracts. We feel that a union is the only way to guarantee job protections, defend editorial integrity and ensure standard cost-of-living raises as well as fair severance packages. A union would give us a voice on new AI and marketing initiatives and allow us to safeguard our workloads, bylines and careers. We look forward to bringing together our largely remote and siloed teams in this effort.

"We are a passionate and loyal community of hard workers, and our rights should be enshrined and respected. We ask Red Ventures to recognize our union in a timely manner so we can begin the contract negotiation process."

– CNET Media Workers Union

Organizing within tech? I'd like to hear about it. Tip me at avery@engadget.com or message me on Signal at 646.983.9846

This article originally appeared on Engadget at https://www.engadget.com/after-layoffs-and-an-ai-scandal-cnets-staff-are-unionizing-161508890.html?src=rss

House lawmakers ask for investigation into Apple store labor practices

Posted on by

Apple is facing additional scrutiny over its alleged crackdown against pro-union retail workers. House Representatives Emanuel Cleaver and Sylvia Garcia have sent a letter to the National Labor Relations Board (NLRB) asking for an investigation into alleged labor abuses at Houston and Kansas City, Missouri stores. The politicians are concerned about claims Apple fired five Kansas City staff in retaliation for unionization efforts, and disciplined multiple Houston employees for attempting to organize.

In March, the Communications Works of America union (CWA) filed charges with the NLRB over the purported retaliation. The CWA believes Apple used thin pretexts to fire and intimidate employees, such as slightly late arrivals and even typos in timesheets. Some of the workers were reportedly forced to sign a release of claims against the company if they wanted a severance package. These practices are illegal, Cleaver and Garcia say.

The House members also pointed to the NLRB's January finding that Apple was violating labor rights with rules barring leaks and discussions of employment conditions. The representatives are worried about a "recurring pattern," according to the letter. In December, the board said Apple also broke the law by holding anti-union meetings in Atlanta.

We've asked Apple for comment. The company has previously argued that it can better care for retail staff without unions. At the same time, it has addressed concerns by raising pay, improving benefits and easing its scheduling rules.

The letter doesn't obligate the NLRB to respond, and there's no certainty that an investigation will lead to official action. Even so, it's notable that Apple's stance on retail labor has drawn Congress' attention. It won't be surprising if there's more interest from the federal government, whether or not the NLRB responds to the letter.

This article originally appeared on Engadget at https://www.engadget.com/house-lawmakers-ask-for-investigation-into-apple-store-labor-practices-195248699.html?src=rss

Hollywood writers are officially on strike

Posted on by

The Writers Guild of America (WGA) has called for a strike starting today largely over streaming productions, saying that studios are effectively creating a "gig economy" within the union. On the other side of the table, the Alliance of Motion Picture and Television Producers (AMPTP) said the WGA was "unwilling" to compromise on key issues like mandatory staffing. 

"The Board of Directors of the @WGAwest and the Council of the @WGAeast, acting upon the authority granted to them by their memberships, have voted unanimously to call a strike, effective 12:01 AM, Tuesday, May 2," the WGA wrote in a tweet. "The decision was made following six weeks of negotiating with @Netflix, @Apple, @ Disney, @wbd, @NBCUniversal, @Paramountplus and @Sony under the umbrella of the AMPTP." 

The effects of the breakdown in negotiations will be felt immediately, with talk shows like The Late Show with Stephen Colbert and Jimmy Kimmel Live!set to shut down starting today. The strike will also freeze film and TV production, affecting hubs like Los Angeles, New York and Atlanta. The labor situation has already delayed the start of some programming, FilmLA president Paul Audley told Variety. The last writers' strike started in November 2007 and lasted 100 days.

Both sides have said they're willing to continue negotiations, but appear to be far apart on some issues. The "primary sticking points" according to the AMPTP, are the guild's demand for a TV staffing minimum ranging from six to 12 writers per show, along with a guaranteed minimum number of weeks of employment per season (10 to 52 weeks). The studios rejected both proposals and didn't make counter-offers. 

Other issues (laid out in a WGA document) include a demand for streaming residuals that take into account the success of shows. The WGA also wanted increases in minimums of up to 6 percent, and the AMPTP offered 4 percent at most. The guild also wants regulation of AI, proposing that it "can't write or rewrite literary material" or be used as source material. The AMPTP only agreed to study the AI issue, according to the WGA.

There were some areas of agreement, like guaranteed minimums for writers who earn less than a certain amount, and script fees for staff writers. However, both sides are dug in for what could be a long dispute. "The companies have broken this business," guild leadership said last night, calling the problem an "existential crisis writers are facing." 

Meanwhile, the AMPTP said it was "prepared to improve [compensation and residuals], but was unwilling to do so because of the magnitude of other proposals still on the table that the guild continues to insist upon."

This article originally appeared on Engadget at https://www.engadget.com/hollywood-writers-are-officially-on-strike-084059607.html?src=rss

YouTube Music contractors vote overwhelmingly to unionize in landmark election

Posted on by

On Wednesday, a group of contractors at YouTube Music voted to unionize with the Alphabet Workers Union-Communications Workers of America (AWU-CWA). Out of the 49 workers who were eligible to vote, 41 voted in favor of the action, with the remaining eight abstaining. As of last year, the workers were already paying AWU-CWA dues but were seeking bargaining rights. In March, the group won a landmark legal victory when the National Labor Relations Board (NLRB) ruled that Google must bargain with them to ratify their union contract.

While Google vowed to challenge the ruling, the results of today’s vote could have significant implications for the company. Provided the NLRB’s decision stands, Google will need to collectively bargain with a group of its US employees for the first time in the company's nearly 25-year history. That’s something that could prompt other groups within the tech giant to pursue unionization.

“After months of union-busting by Google and Cognizant, our YouTube Music members have just won their NLRB union election in a blowout victory and are ready to bring both of their employers to the table to win their fair share,” the Alphabet Workers Union tweeted.

Although Wednesday's vote was months in the making, it comes after Google laid off 12,000 employees – or about six percent of its global workforce – in late January. This week, the company shared its Q1 earnings results, reporting a net income of $15 billion. It also announced a $70 billion stock buyback. In 2022, the year workers at YouTube Music Content Operations filed for union recognition with the NLRB, Google compensated CEO Sundar Pichai to the tune of $226 million.

This article originally appeared on Engadget at https://www.engadget.com/youtube-music-contractors-vote-overwhelmingly-to-unionize-in-landmark-election-213844906.html?src=rss

Apple reportedly held anti-union meetings at all of its US stores

Posted on by

Apple appears to have taken its most aggressive step yet to warn its retail employees against unionizing. According to Bloomberg, the company recently held meetings at all of its roughly 270 stores across the United States meant to “discuss the risks of unionization.” The tone of the gatherings was “consistent” across Apple’s retail footprint. Managers reportedly opened with a prepared statement from corporate leadership before turning to the state of union negotiations in Towson, Maryland, the location of the company’s first unionized store in the US.

According to Bloomberg, Apple management cast the election at Towson, and the slow progress workers at the store have made toward securing a collective bargaining agreement “as a bit of a cautionary tale.” Managers leaned on talking points that criticized union dues and the unionization process, including the collection of authorization cards. “While Apple didn’t say it, the underlying message to the company’s tens of thousands of retail employees: if your store unionizes, you may be at a disadvantage,” according to Bloomberg.

Apple did not immediately respond to Engadget’s request for comment. The International Association of Machinists and Aerospace Workers, the union that represents workers at the company’s Townson Town Center location in Maryland, said it would share a statement on Monday.

Bloomberg suggests some employees saw the meetings as a “scare tactic” and an attempt to “pour cold water on the idea” of unionization. Last May, Apple Store employees in Atlanta accused the company of subjecting them to anti-union captive audience meetings. For decades, companies were allowed to hold such gatherings until 24 hours before a union election begins. In 2022, however, National Labor Relations Board general counsel Jennifer Abruzzo claimed captive audience meetings were a violation of the National Labor Relations Act.

"Forcing employees to listen to such employer speech under threat of discipline — directly leveraging the employees’ dependence on their jobs — plainly chills employees’ protected right to refrain from listening to this speech," Abruzzo wrote last April. At the end of the year, the agency found had Apple violated federal law with its efforts to discourage workers at its Cumberland Mall store in Atlanta from unionizing.

This article originally appeared on Engadget at https://www.engadget.com/apple-reportedly-held-anti-union-meetings-at-all-of-its-us-stores-223528059.html?src=rss

Apple reportedly held anti-union meetings at all of its US stores

Posted on by

Apple appears to have taken its most aggressive step yet to warn its retail employees against unionizing. According to Bloomberg, the company recently held meetings at all of its roughly 270 stores across the United States meant to “discuss the risks of unionization.” The tone of the gatherings was “consistent” across Apple’s retail footprint. Managers reportedly opened with a prepared statement from corporate leadership before turning to the state of union negotiations in Towson, Maryland, the location of the company’s first unionized store in the US.

According to Bloomberg, Apple management cast the election at Towson, and the slow progress workers at the store have made toward securing a collective bargaining agreement “as a bit of a cautionary tale.” Managers leaned on talking points that criticized union dues and the unionization process, including the collection of authorization cards. “While Apple didn’t say it, the underlying message to the company’s tens of thousands of retail employees: if your store unionizes, you may be at a disadvantage,” according to Bloomberg.

Apple did not immediately respond to Engadget’s request for comment. The International Association of Machinists and Aerospace Workers, the union that represents workers at the company’s Townson Town Center location in Maryland, said it would share a statement on Monday.

Bloomberg suggests some employees saw the meetings as a “scare tactic” and an attempt to “pour cold water on the idea” of unionization. Last May, Apple Store employees in Atlanta accused the company of subjecting them to anti-union captive audience meetings. For decades, companies were allowed to hold such gatherings until 24 hours before a union election begins. In 2022, however, National Labor Relations Board general counsel Jennifer Abruzzo claimed captive audience meetings were a violation of the National Labor Relations Act.

"Forcing employees to listen to such employer speech under threat of discipline — directly leveraging the employees’ dependence on their jobs — plainly chills employees’ protected right to refrain from listening to this speech," Abruzzo wrote last April. At the end of the year, the agency found had Apple violated federal law with its efforts to discourage workers at its Cumberland Mall store in Atlanta from unionizing.

This article originally appeared on Engadget at https://www.engadget.com/apple-reportedly-held-anti-union-meetings-at-all-of-its-us-stores-223528059.html?src=rss

NLRB says Activision Blizzard illegally surveilled employees during a walkout

Posted on by

Activision Blizzard is facing yet another complaint by the National Labor Relations Board (NLRB). The labor agency has “found merit with several elements of the unfair labor practice charges filed by the Communications Workers of America (CWA)” on behalf of the company’s workers, the union has told Engadget. This particular case pertains to the CWA’s accusations that the game developer illegally surveilled workers when they walked out in July last year to protest the lack of gender equality in the company, the overturning of Roe v. Wade, as well as Activision Blizzard’s alleged union-busting practices. 

The NLRB decided after an investigation that the company broke labor laws by using managers and security staff to monitor workers during the walkout. In addition, the labor board found merit in the CWA’s accusation that the developer threatened to cut off workers’ access to an internal chatroom where they discussed their pay, hours and overall working conditions. As IGN notes, though, NLRB has dismissed one charge regarding the company cutting off people’s chat access to an all-hands meeting. The publication says Activision Blizzard‘s chief administrative officer Brian Bulatao has informed workers that chat was shut down for future all-hands because that particular meeting turned toxic. Attendees used it as a chance to “disparage the work of the Diablo Immoral team and others,” he explained.

An NLRB spokesperson told Reuters that it will move forward and prosecute Blizzard if the company doesn’t settle. An Activision Blizzard spokesperson told Engadget:

”We take protecting our people from toxic workplace behavior very seriously. We appreciate that the NLRB has withdrawn one of these allegations, and we’re confident the steps we took to protect our people from a toxic workplace were the right ones. CWA wants us to accept their other false claims, but we strongly believe employees shouldn’t have to be subjected to insults and put downs for their hard work – especially on company communication platforms.”

The company’s labor practices were thrust into the spotlight after California filed a lawsuit against it in 2021 for fostering a “frat boy” workplace. After a two-year investigation, the state’s Department of Fair Employment and Housing had determined that the developer discriminated against female employees. The company also faced a federal sexual harassment lawsuit from the US Equal Employment Opportunity Commission (EEOC). When it settled with the EEOC last year, it agreed to submit to audits, provide anti-harassment and anti-discrimination training and provide workers with a 24/7 hotline where they can submit anonymous complaints.

To note, the company is also facing another NLRB complaint, accusing it of violating labor laws by implementing an overbroad social media policy that prevented workers from talking about their working conditions and threatening employees who were exercising their right to join a union. Activision Blizzard told Engadget that those allegations were “false.”

Update 04/03/23 11AM ET: Added a statement from Activision Blizzard and information about the EEOC’s lawsuit.

This article originally appeared on Engadget at https://www.engadget.com/nlrb-says-activision-blizzard-illegally-surveilled-employees-during-a-walkout-094211193.html?src=rss

Apple accused of illegally firing pro-union workers

Posted on by

Apple is once again facing accusations of cracking down on union organizers. The Communications Workers of America union (CWA) has filed charges with the National Labor Relations Board (NLRB) asserting that Apple illegally intimidated and fired workers at Houston and Kansas City, Missouri stores in retaliation for their labor organization efforts. The ex-employees in Kansas City were ostensibly cut loose for being slightly late, calling out from work or even making typos in timesheets, but were also made to sign a "release of all claims" to get their severance pay. They couldn't challenge Apple's practices once they left, in other words.

In Houston, Apple allegedly questioned workers individually about their union support and offered improved conditions if they dropped their labor support. Those that persisted in pro-union activity were disciplined and threatened with deteriorating conditions, the CWA claims.

Only two US stores, in Oklahoma City and Towson, Maryland, unionized in 2022. Abroad, a store in Glasgow became the third. Other employees, such as those in St. Louis, Missouri, have filed for union elections. Staff in Atlanta called off a vote last spring after accusing Apple of intimidation tactics.

We've asked Apple for comment. The company has historically opposed unionization efforts, reportedly holding mandatory anti-union meetings. Apple is also said to have withheld benefits from unionized workers at the Towson store while claiming that they needed to strike a collective bargaining agreement. The firm has tried to head off labor movements by raising wages, expanding benefits and relaxing schedules.

Fights between tech giants and their rank-and-file workers aren't new. Labor organization in tech reached a fever pitch in 2022, with workers at companies like Activision Blizzard, Amazon and Microsoft either unionizing or making their displeasure known. Those brands, meanwhile, have frequently tried to block unionization attempts. The CWA's charges suggest those battles are continuing well into the new year.

This article originally appeared on Engadget at https://www.engadget.com/apple-accused-of-illegally-firing-pro-union-workers-140058541.html?src=rss