Amazon once again broke labor laws during New York unionization drive, judge rules

Last month, Amazon failed to overturn a Staten Island warehouse’s vote to unionize and now it has taken another loss. A National Labor Relations Board (NLRB) judge has ruled that the the company broke federal labor laws in an effort to push back a unionization drive at that facility and another that voted against the union, The New York Times has reported. Amazon can still appeal the ruling to the NLRB’s Washington board.

Federal administrative judge Benjamin Green ruled that Amazon supervisors unlawfully threatened wage increases and benefits if workers formed a union. The company also violated the law by removing a worker’s post on a digital message board inviting co-workers to sign an Amazon Labor Union petition to make Juneteenth a paid holiday, the judge said. 

Several other complaints by the union were dismissed, however. Those include accusations that Amazon said take-home pay would fall in the case of unionization, and that it promised improvements in an educational subsidy program if workers voted against the union. The union also protested Amazon saying workers would be fired if they formed a union but failed to pay union dues. The latter was not illegal, the judge ruled, and the other complaints were overstated.

Amazon took all that as a positive. “We’re glad that the judge dismissed 19 — nearly all — of the allegations in this case,” said spokesperson Mary Kate Paradis in a statement to the NYT. “The facts continue to show that the teams in our buildings work hard to do the right thing.”

The judge set aside one decision brought by the labor board as to whether employers can force workers to attend anti-union meetings. That puts the ball in the court of the NLRB, which can overturn a 75-year old ruling. “I believe that the NLRB case precedent, which has tolerated such meetings, is at odds with fundamental labor-law principles,” the labor board’s lawyer Jennifer Abruzzo wrote in a memo last year. 

US labor regulator says Apple violated employee rights with restrictive work rules

The National Labor Relation Board (NLRB) has determined that Apple’s rules around leaks violate workers’ rights, Bloomberg has reported. Apple’s actions and statements from executives “tend to interfere with, restrain or coerce employees” from exercising their rights, a spokesperson said in a statement.

The decision stems from complaints by former employees Cher Scarlett and Ashley Gjøvik. Scarlett alleged that Apple work rules “prohibit employees from discussing wages, hours or other terms or conditions of employment,” in violation of labor laws. Gjøvik, meanwhile, complained that an email sent by CEO Tim Cook vowing to punish leakers violated federal laws. Apple’s policies prohibiting staff from disclosing business information, talking to reporters and other actions were also illegal, Gjøvik alleged. 

In the email in question, Cook wrote that “we do not tolerate disclosures of confidential information, whether it’s product IP or the details of a confidential meeting… people who leak confidential information do not belong here.” That was in response to the leak of a company-wide meeting that was effectively tweeted live by a journalist, as TechCrunch noted.  

The NLRB will issue a complaint against Apple unless the company settles, the spokesperson said. Apple has yet to comment, but a company attorney previously said, “Apple fosters an open and inclusive work environment whereby employees are not just permitted, but encouraged, to share their feelings and thoughts on a range of issues, from social justice topics to pay equity to anything else that they feel is an important cause to promote in the workplace.”

Gjøvik was fired by Apple in 2021 for leaking confidential information and told TechCrunch she believes she was let go in retaliation after filing an EPA report about toxic fumes in her office. She complained to the NLRB that she was let go illegally, but the board has yet to issue a ruling on that subject. 

The NLRB recently found that Apple violated federal law with anti-union meetings in Atlanta. Earlier this month, Apple agreed to review its labor practices, saying in an SEC filing that it would assess its “efforts to comply with its Human Rights Policy as it relates to workers’ freedom of association and collective bargaining rights in the United States by the end of calendar year 2023.” 

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CWA files unfair labor practice charge against eBay’s trading card subsidiary

The Communications Workers of America (CWA) has filed an unfair labor practice charge against eBay-owned TCGplayer on behalf of workers at the trading card marketplace. The organization says TCGplayer supervisors and managers, including founder and CEO Chedy Hampson, illegally surveilled union activity in recent weeks.

Workers at TCGplayer are trying to unionze and this week, a supermajority filed for a union representation election. If they’re successful, they’ll form TCG Union/CWA, which will be the first union within eBay.

The CWA claims that TCGplayer higher-ups have walked the floors of the company’s authentication center in Syracuse, New York. It says the supervisors and managers were taking note of employees who wore clothing or badges that identified them as supporters of the union drive. “This conduct constitutes unlawful surveillance of union activity and further created an impression of surveillance designed to interfere with, restrain and coerce employees in the exercise of their rights guaranteed by Section 7 of the National Relations Labor Act,” the CWA said in a statement.

The workers renewed their attempts to form a union after eBay bought TCGplayer late last year in a deal worth up to $295 million. They previously tried to organize in 2020, but withdrew their union election petition a few days before the vote. The CWA says that TCGplayer thwarted those efforts by bringing in a union-busting firm and running “an intense anti-union campaign where workers were regularly ordered to attend captive audience meetings and disparaged by management in company communications.”

Engadget has contacted TCGplayer and eBay for comment.

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Workers at eBay-owned trading card marketplace TCGplayer are trying to unionize

More than 280 workers at TCGplayer, a marketplace for trading card games like Magic: The Gathering and Pokémon, are trying to unionize. A supermajority of the workers have filed for a union representation election with the National Labor Relations Board. If their efforts are successful, they’ll form the first union at eBay, which bought TCGplayer in 2022 in a deal worth up to $295 million.

Employees of several card and tabletop companies have unionized, including Card Kingdom, Bellevue Mox Boarding House, Noble Knight Games and Paizo. The TCGplayer workers are similarly trying to organize with the Communications Workers of America (CWA), which has also worked with severalvideo game studios in their unionization attempts.

“We are ready to unlock the full potential we know TCGplayer can have. By forming a union, we are able to support each other, customers, and sellers to create the best TCGplayer for all of us,” Jennifer Bonham, a shipping generalist at TCGplayer, said in a statement. “We are incredibly passionate about our work, but passion can only get us so far. We want to see our collective health and well-being thrive because for many of us, this is the best job we have ever had.”

The workers are organizing as TCG Union/CWA and are all employed at the company’s authentication center in Syracuse, New York. They each play a hand in ensuring card shipments meet quality standards and that they’re accurately completed.

The workers are seeking an end to pay caps; pay rises to account for inflation and cost of living increases; and “a fair and comprehensive sick leave and absence policy that does not punish people” for issues outside of their control. Moreover, they’re demanding inclusive career advancement opportunities; fair and transparent hiring practices; clearly defined job roles and expectations; and the resources and training needed to do their jobs. On top of that, they’re asking for a seat at the table, along with “just cause and clear grievance and discipline procedures, applied equally to management.”

This isn’t the first time that the workers have attempted to unionize, as Polygon notes. They tried to do so almost three years ago with the Service Employees International Union. However, just days before the scheduled vote, they withdrew the petition. The eBay acquisition is said to have reignited the unionization drive.

“We have received notice that a petition is being filed by the Communications Workers of America labor union asking the National Labor Relations Board to conduct a vote on union representation,” a TCGplayer spokesperson told Engadget in a statement. “We have not seen that petition by the National Labor Relations Board, nor have we had the chance to review it. We respect an employee’s right to choose or to decline union representation, and acknowledge this is a big decision. Our commitment to our employees during this time is to ensure they have the information needed to make an informed and confidential choice.”

Engadget has contacted eBay for comment.

YouTube accused of using return-to-office policies to thwart union organizers

YouTube Music contractors in the Austin area who voted to unionize are accusing their employers of abusing return-to-office policies to stifle labor organizers. The Alphabet Workers Union (AWU) has filed a complaint with the National Labor Relations Board (NLRB) alleging that YouTube parent Alphabet and staffing firm Cognizant are using an abrupt return-to-office move, due in February, to punish remote workers, many of whom are reportedly pro-union. Some also live outside Austin. Managers have also been sending work to other offices to “chill” union organization efforts in Austin, according to the complaint, while a supervisor purportedly made implicit anti-union threats.

While the workers are contracted, they claim Alphabet and Cognizant represent a “joint employer.” If so, Alphabet would be responsible for working conditions and have to negotiate if the Austin-area team votes in favor of a union.

We’ve asked Alphabet and Cognizant for comment. In a statement to Bloomberg, a Cognizant spokesperson claims staff were “fully aware” of an eventual return to the office before the petition to unionize, and that it has “repeatedly and consistently” told employees about its return-to-office policy since December 2021. Those contractors who willingly left the Austin area and can’t come back to in-person work can also be “considered” for other work at Cognizant, the spokeperson says.

This isn’t the first increase in tension between Alphabet and pro-union contractors. In spring 2022, Washington state Cognizant employees working on Google Maps warned they would go on strike over an allegedly unreasonable return-to-office schedule. Cognizant pushed back the return by 90 days. At Google, meanwhile, many cafeteria workers quietly unionized during the pandemic as they sought better conditions.

The row comes as Alphabet is cutting 12,000 jobs worldwide in the wake of rough economic conditions and dropping profits. While that figure only covers direct employees, it reflects pressure to slash employment costs. That, in turn, may set up conflicts with pro-union workers seeking better pay and benefits.