A Hard Habit To Break: When Unions Won’t Take “No” For An Answer: LRI INK

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Subject: A Hard Habit To Break: When Unions Won’t Take “No” For An Answer: LRI INK

December 14, 2023

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A Hard Habit To Break: When Unions Won’t Take “No” For An Answer

By Kimberly Ricci

Buyer’s remorse from union members can occur for a variety of reasons, including worker frustration over broken promises or a lagging collective bargaining phase with no contract in sight. Evidence of union corruption can also prompt individual members to take back their wallets, but unions do not always cooperate with these requests. That can be the case even in Right To Work states, where workers are protected from losing their jobs for choosing not to belong to a union and declining to pay union dues.

Then, there would be the even more audacious stance from those unions who refuse to stop withdrawing money from workers’ paychecks upon request or begin to retaliate against, intimidate, and coerce those workers who begin the decertification process.

The National Right to Work Foundation has been stepping up on a pro bono basis to help workers in these situations file charges against unions, and here are a few examples from this year alone:

The Retail, Wholesale, and Department Store Union allegedly threatened a L’Oreal employee with rhetoric that would sound right at home in The Godfather: “The union is like a big mafia…something bad is going to happen to you if the union leaves.” This worker filed for a decertification vote, which the union allegedly interfered with through intimidation tactics. Since New Jersey is not a Right to Work state, the union felt free to continue deducting dues from her wages. Pursuant to the foundation’s previous Supreme Court win in CWA vs. Beck, the foundation argues that the union’s lack of a collective bargaining agreement should remove the obligation to pay dues.
The UAW must refund illegally seized dues as part of a settlement from a foundation-represented case based on charges from a Ford Louisville Assembly plant worker in the Right to Work state of Kentucky. The worker also alleged that union officials threatened her job, and she has further filed a charge against Ford for allegedly collaborating with the union while refusing to stop dues deductions.
The United Food and Commercial Workers received notice of federal charges from a food manufacturing worker in Texas – which is a Right to Work state – at Danone North America. The worker maintains that the union “rebuffed or ignored” his multiple attempts to revoke dues authorization. The union also allegedly concocted a fictitious “window period” in an attempt to categorize the worker’s actions as “untimely” while requesting to no longer pay dues.
The Communications Workers of America lost a federal case brought by a Catalus manufacturing worker who attempted to resign his membership in Pennsylvania, only to be told that he must remain union steward and continue paying dues earmarked for union politics. Following the lawsuit’s conclusion, foundation President Mark Mix argued that this case demonstrates why “securing Right to Work protections for all Americans is absolutely vital.”

The argument could be made that unions who behave like this – and these are not isolated incidents – are like vampires. Once they are invited into a business, they often refuse to leave. The trick to repelling them? To create such a flourishing workplace that no one can invade in the first place.

Blog Post

A Mystery Move: Why Did Starbucks Request To Reopen Negotiations With Workers United?

By Kimberly Ricci

Over two years ago, Starbucks Workers United celebrated their first victory at a Buffalo, New York cafe. The union has since claimed 380+ unionized cafes out of nearly 9,000+ corporate-owned Starbucks locations in the United States. In the meantime, however, zero contracts have materialized between the company and the union, and negotiations ground to a halt six months ago, with both sides finding themselves at an impasse.

This bargaining table stagnation on a first contract surely contributed to a few handfuls of decertification filings from baristas, but over the past week, an unexpected development occurred: Starbucks requested to reopen negotiations with Workers United, starting in January 2024.

The company previously claimed to have participated in a triple-digit number of failed bargaining sessions with the union, so what gives now?

Starbucks VP Sara Kelly published the request letter on the company’s website and declared that the deadlock has “not helped Starbucks, Workers United, or, most importantly, our partners.” Further, Starbucks wishes “to reach contracts for represented stores in the coming year.”

Hmm, that doesn’t explain much, so inferences shall need to be made. First, let’s run down the most recent legal blows:

NLRB GC Jennifer Abruzzo has been notably devoting many of her 10(j) injunction efforts towards Starbucks, which has appealed to the Supreme Court while requesting that the board be held to more consistent standards than what is on display.
A U.S. appeals court sided with the NLRB regarding Starbucks’ claim that a March 2022 Workers United win at the Seattle flagship store – through a vote held by mail ballot – should be rendered invalid.
An administrative law judge ruled that Starbucks engaged in coercive interrogation at Salt Lake City cafes that unionized in 2022.
An NLRB judge ruled that the company used its dress code to unlawfully restrict union paraphernalia worn by workers on the clock.
Now, the Teamsters are adding their voices to the chorus. Sean O’Brien’s union represents baristas at a Pennsylvania location and accused Starbucks of “bad faith and surface bargaining.”

Overall, it doesn’t take much of a stretch to realize that Biden’s NLRB will continue to drag the company through as much mud as possible, and courts will frequently side with the board. What other reasons could be contributing to Starbucks’ change of heart on bargaining?

This could be a far-reaching effect of the recent UAW contracts with the Big Three. With Shawn Fain announcing a push to unionize at least a dozen more automakers, Starbucks might fear falling afoul of any public perception that might shift against corporations as a result. Given the company’s long-standing reputation as a progressive employer, Starbucks might be acting to preserve that status by at least reopening negotiations, even if Workers United’s bad behavior could only lead to more stagnation.

Possible shareholder pressure over bad PR wrought by Workers United – due to continuous walkouts, including multiple Red Cup Rebellion strikes, and due to the union appropriating the company’s logo and pulling it into the political firestorm surrounding the Israeli-Palestinian conflict – could also be part of the equation.

Then again, Starbucks VP Kelly requested that upcoming bargaining sessions occur without recording, audio, or video, so we might never truly know the precise answer to the “why” regarding Starbucks reaching out to the union. Yet rest assured that more developments will come.

Blog Post

The Workfront: Upheaval, Drama and Dynamism

By Michael VanDervort

In the world of labor unions in 2023, the unfolding events could easily be mistaken for a Hollywood blockbuster, with drama, tension, and unexpected plot twists at every turn.

At the center of this narrative is Chris Smalls, the president of the Amazon Labor Union (ALU). His journey, reminiscent of a character from "Rocky," meets "The Social Network," encapsulates the tenacity and drama inherent in the current labor movement. Smalls, known for his pivotal role in unionizing one of Amazon's Staten Island warehouses, now faces a potential leadership shakeup due to internal disputes within the ALUA reform caucus led by Connor Spence. He has criticized the union's organizational structure, calling for more democratic processes and elections. All this led to fighting within the union ranks, a lawsuit, and now a settlement, which could lead to Smalls being voted out as the president of the union he founded in the election, which will be held next year. This internal tension is set against the backdrop of Amazon's reluctance to bargain, making Smalls' position all the more precarious.

The labor scene is further energized by a wave of strikes across various industries, echoing the defiant spirit of Norma Rae. This resurgence in labor activism is marked by significant strikes involving thousands of workers, such as those by Kaiser healthcare workers and the United Auto Workers (UAW). These strikes not only highlight the growing discontent among workers but also showcase their willingness to stand up for better conditions and rights. By October 31, 2023, there had been 354 strikes involving nearly half a million workers. This is a significant increase from previous years, with almost eight times the number of workers participating in strikes compared to the same period in 2021 and four times the number in 2022. Notable strikes include over 75,000 Kaiser healthcare workers and a UAW strike that cost Ford $1.7 billion in profits.

In a surprising twist reminiscent of a "Mad Men" plotline, Starbucks has shown signs of embracing a new commitment to labor fairness. This change in attitude is evident in their 2023 shareholder letter, which promises equitable treatment for all partners, whether unionized or not. Coupled with their request from earlier this week to Workers United/SBWU to resume negotiations in 2024, it will be interesting to see what directions Starbucks takes on labor relations issues in 2024.

Meanwhile, the UAW is actively challenging major automotive manufacturers like Honda, Hyundai, and Volkswagen with complaints of unfair labor practices. These complaints allege that pro-union employees are being targeted and surveilled, adding another layer of complexity and conflict to the evolving narrative of labor relations in the auto industry.

These developments highlight the rapidly changing dynamics of labor relations in 2023, underscoring the need for HR managers and labor relations specialists to adapt and evolve their strategies. In this context, here are some useful tips for those navigating these turbulent waters:

1. Embrace Open Communication: Foster an environment of transparency and open dialogue. Regularly communicate with employees about their concerns and the organization's position on labor issues. This can build trust and reduce misunderstandings.

2. Stay Informed and Proactive: Keep abreast of changes in labor laws and NLRB regulations. Anticipate potential issues and develop strategies accordingly. Being proactive can help in managing situations effectively before they escalate.

3. Invest in Employee Relations: Strengthen your employee relations program. Recognize and address the underlying factors that may lead to unionization efforts, such as workplace satisfaction, fair compensation, and respectful treatment.

Blog Post

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Links For This Week:

NLRB Restores "Quickie Election" Rules For Union Representation

Link

Republicans Raise Concerns Over Near Year-Long Vacancy at NLRB

Link

Des Moines Wells Fargo employees seek union election

Link

Ex-Philly Labor Leader Convicted Of Embezzlement

Link

Microsoft Agrees to Union Contract Terms Governing Its Use of AI

Link

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About Labor Relations Institute

LRI exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 41 years, LRI has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

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Subject: A Hard Habit To Break: When Unions Won’t Take “No” For An Answer: LRI INK