Subject: Labor Relations INK February 2022

February 25, 2022

To visit the blog post, click on the link below that article.

Unions Breaking Organizing Records… Or Are They?

Labor Relations Insight by Phil Wilson


Unions are off to a blistering pace for organizing in 2022.

 

Late last year I predicted a record organizing year. I thought we’d break 2,000 petitions for the first time in nearly a decade. As we enter the second half of the first quarter, that prediction is looking solid. Here’s comparison of petitions for the period of January 1 to February 23 over the last 5 years:

We’re not quite through the month of February, and for the first time in the last 5 years we’ve already topped 300 petitions. In 2017 there were 1,880 petitions total. While it’s early, unions are on pace to smash that number. The record year for petitions in the last decade was 2015, when unions filed 2,169 RC petitions.  During this same period in 2015 unions filed 306 petitions.

 

While my prediction of a record organizing year looks solid, is it correct to conclude that unions are making giant strides in organizing? Nope. With one exception unions are organizing at a slower pace in 2022 than any in the last decade except the Covid impacted 2021.

 

The one exception? The SEIU’s Workers United affiliate, which has filed over 100 Starbucks petitions since last August; 90 of those were filed since the beginning of the year, and 56 of those were filed this month. If you subtract the Starbucks petitions, 2022 is a disappointing organizing year so far for unions.

 

Here’s a map of the Starbucks locations impacted so far. NOTE: The green markers are petitions filed from 2/1 to 2/16.

The scale of the Starbucks campaign is unprecedented, and no matter how it ends (more on that below) it is undoubtedly one of the most successful organizing campaigns in history. While the SEIU is having its Starbucks moment, it’s worth asking two questions:

1.    Why are they having so much success while other unions are stuck in neutral?

2.    What’s the point?

 

Why aren’t other unions replicating what the SEIU has accomplished with Starbucks? I don’t want to discount what the SEIU has accomplished here – it should be studied in labor relations classes for years. The SEIU is probably the best organizing union there is, and the first Starbucks stores in Buffalo were a textbook case of how to organize a union, including the most important factor in any successful campaign, a highly effective “true believer” on the inside.

Jaz Brisack was the key to the initial success at the Elmwood store. Brisack is a Rhodes scholar who worked at the store for months before mentioning the union. She was trained by well-known organizing consultant (and former AFL-CIO national organizing director) Richard Bensinger, who she worked with on the Nissan campaign while in college. In addition, the campaign took advantage of the tectonic social, economic, and technological shifts that occurred under everyone’s feet during the pandemic.

 

At the same time, it’s hard to imagine the SEIU pulling this off during a different time or against a different company. Starbucks has a unique workforce that is almost tailor-made for a grass-roots campaign like this. And as overwhelming as this campaign must be for Starbucks, I bet if you gave truth serum to Bensinger and the SEIU they’d want the pace of these petitions to slow down (according to the Wapo article Bensinger even appears to have discouraged Brisack from taking on the coffee giant). After years of chasing trucks driving down the lane, they finally caught one that turned out to be a semi. This next phase is going to be painful for everyone.

 

Which brings us to the second question, what’s the point? A bunch of excited Starbucks partners are about to get a close-up view of how collective bargaining really works. Jaz Brisack is obviously quite smart, but in the Washington Post article she is quoted promising coworkers that they are guaranteed a contract that covers the cost of dues, or the SEIU would reject it. But that’s not how it works. The SEIU can ultimately accept any contract they want. And many of the other vague promises that motivated workers to sign cards are also unlikely to end up in a final labor agreement (many of them aren’t even mandatory subjects of bargaining). The reality of bargaining is a lot different than the dream world served up by organizers, the labor media, and the chattering crowds on Reddit, Discord, and TikTok.

 

It's possible that is the endgame for the SEIU. They’ll use the momentum of these elections and the frustration of newly organized partners to make Starbucks the poster child of why their legislative priorities like the PRO Act should rewrite our labor laws. But an anti-corporate campaign against Starbucks seems like a stretch.

 

Unlike the inside of a factory or a distribution center, almost every American has been on the inside of a Starbucks. And a lot of the union rhetoric about these stores just doesn’t ring true, especially given all the things Starbucks has done to stand out as an employer of choice. An anti-corporate campaign will be painful, but it’s hard to imagine it will ultimately be effective – they almost never are.

 

Like a lot of these fights, the main people to benefit from this fight will be:

·      The SEIU, who gets great publicity and maybe even a little dues income;

·      Richard Bensinger and Jaz Brisack, who each at this point look like the next Eugene Debs (I’m sure Brisack will be hanging up her apron for a job at SEIU soon); and

·      Democratic politicians who will look to mobilize these newly organized workers into political foot soldiers.

 

Starbucks partners at these unionized stores are the least likely to benefit because they’ve been sold a bill of goods. The end of the Wapo story tells about a five-day strike in January that Brisack and some of her coworkers engaged in over Covid protections. The store closed briefly then remained open. After five days, the workers returned with no concessions made by the store, which responded by saying it was following all CDC guidelines. Brisack is quoted saying, “How are we ever going to overthrow capitalism when it’s this hard to unionize a single store in Buffalo?” Great question.

Share

Busy As A Beaver

Pro-union movement at the DOL is full-steam ahead, as NLRB General Counsel Jennifer Abruzzo continues to get her ducks in a line, targeting more than 40 Trump-era decisions.  Although she can’t take action until the appropriate cases are presented to the board, litigation is already underway in cases involving:

 

Another factor that may slow her down is NLRB Chair Lauren McFerran’s commitment to invite public opinion on major cases.

 

Abruzzo released a memo on February 1st encouraging regional staff to seek 10(j) injunctions earlier in union organizing campaigns, ostensibly to prevent companies from firing pro-union employees. Abruzzo claimed the injunctions were one of the most important tools her office has to “protect worker rights.”

 

Abruzzo also spoke out after the recently passed Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, claiming the Act did not go far enough. She apparently would like to see an end to any forced arbitration that would prevent employees from complaining about any working conditions.

 

Yet another recent Abruzzo advice memo attempts to deliver on a previously declared objective to widen the definition of protected concerted activity. This time it was aimed at posting on Facebook. Most troubling was that the Division of Advice took the position that the posting was “inherently concerted activity,” regardless of whether the post called for group action or mutual aid.

 

The energetic Abruzzo, following up on the November 2021 announced cooperation between the NLRB and the Equal Employment Opportunities Commission, released another memo in early February outlining the strengthening of information sharing, investigation, enforcement, training, and outreach efforts including not only the EEOC, but other agencies:

  • the Occupational Safety and Health Administration

  • the Mine Safety and Health Administration

  • the Office of Federal Contract Compliance Programs 

  • the Office of Labor-Management Standards, and the

  • Department of Labor’s Wage and Hour Division

 

The memo also announced the NLRB’s partnerships with the Internal Revenue Service, the Department of Justice’s Antitrust Division, and the Federal Trade Commission. The motivation is supposedly to: 

  • reduce misclassification of employees

  • create mechanisms for sharing data about acquisitions, mergers or similar employer organizational actions that might impact organizing or bargaining efforts

  • introduce stronger whistleblower and anti-retaliation protections, and

  • give greater attention to non-disclosure, non-solicitation, and non-compete agreements that would allegedly violate employees’ rights under Section 7 of the National Labor Relations Act (NLRA).

 

Meanwhile, the White House’s Task Force on Worker Organizing and Empowerment finally released its report. The 43-page document lays out dozens of recommendations, mostly aimed at the federal government but many of those impact private sector employers who do work for the government. The three core areas of focus are:

  • Federal government as “model actor” (increase organizing for federal contractors and employees)

  • Provide information and transparency regarding worker rights, increase use of FMCS in contract negotiations, make DOL a “resource center” for employees

  • Preference for unionized contractors, ensure federal dollars not spent on “anti-union” campaign activities.

 

Key recommendations to keep an eye on include:

  • Persuader reporting changes

  • Encourage conciliation, mediation, and arbitration for first contracts

  • Bargaining rights for TSA

  • Increased access for organizers on federal bases, private sector contractors working on federal property

  • Know your rights initiative, expand worker.gov outreach activity

  • Allow automatic dues deductions from payments to Medicare providers.

 

Yet again, Democrats are trying to sneak a pro-union provision into a non-related bill to advance the pro-union agenda. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022 (America COMPETES Act) is intended to boost U.S. competitiveness with China, specifically in semiconductor manufacturing and research. However, Representative Eddie Bernice Johnson (D., Texas), included an amendment that requires private manufacturers to have a unionized workforce to receive grants allocated by the act.

 

Going against the tide, Florida Senator Marco Rubio and Indiana Representative Jim Banks have teamed up to introduce a pro-worker labor reform bill.  According to the one-page summary, the bill:

 

  • Provides new authority for employees and employers to establish voluntary Employee Involvement Organizations (EIOs) to discuss workplace issues;  

  • Clarifies that an EIO may be established and dissolved by mutual consent between employers and employees, is not authorized to engage in or negotiate collective bargaining agreements with employers, and does not preclude employees from forming a labor union;  

  • Ensures that violations of EIO-related provisions shall be adjudicated in the U.S. court system, and not by the National Labor Relations Board; and

  • Provides EIO members at companies with more than $1 billion in yearly gross revenues with the opportunity to elect a representative to serve as a nonvoting member on the company’s board of directors.

Share

Healthcare is Seeing No Relief Yet

Chaos continues to be the name of the (not-fun) game for healthcare workers. While ongoing questions about vaccine mandates swirl, workers still find themselves under fire from combative patients who’ve absorbed Covid misinformation. Is prioritizing healthcare worker safety possible during a pandemic alongside dire staffing shortages?

 

No easy answers exist here, only a stage set for ongoing conflict between hospital systems and unions, even after this pandemic (one day) comes to an end:

 

  • Nurses criticized what they’re calling a reactive stance to the crisis, and multiple unions requested the formation of an Independent Presidential Federal Covid-19 Committee to add more rules for protecting workers on the frontlines.

  • At the state level, healthcare unions (particularly in Washington state, which saw some of the earliest U.S. outbreaks) are also pushing for more staffing requirements to guard against future health crises. Washington state lawmakers seek to hammer out legislation against the messy union-vs-hospital backdrop.

  • The industry’s staffing crisis shows no sign of improvement with hospitals putting workers on leave after they refuse the vaccine (as the healthcare worker mandates begin to take effect). Traveling nurses continue to cash in on opportunities for higher pay amid this staffing crunch, and U.S. hospitals are increasing the number of foreign nurses amid their ranks to stay afloat.

  • Covid-19 mandates remain controversial with at least 16 states filing suit to halt vaccine requirements for healthcare workers. 

 

Related to healthcare (but not necessarily Covid-19), some first responders in Illinois want to decertify their SEIU-affiliated local. These workers (including firefighters) claim that union leaders are playing dirty while blocking the effort and continuing to force union dues upon first responders.

Share

Starbucks’ Hole in The Dike Becomes a Flood

Starbucks began the year with a hole in the dike after a Buffalo, New York cafe voted to create their own union, a first among the coffeehouse giant’s nearly 9,000 locations. After witnessing that development, Starbucks workers became emboldened with more cafes following suit. The movement now stretches to organizing efforts in about 100 of the company’s cafes (with areas pinpointed in the above visual), including one of the company’s three flagship locations that’s located in Seattle.

 

Amid the commotion, Starbucks has been accused of firing seven organizing workers in Memphis, Tennessee after those employees entered the cafe after hours to film a TV interview (amid other security-related issues) related to their union drive. For its part, Starbucks stresses that the organizing staffers only represent a small fraction of the total number of their cafes in the U.S. 

 

The barista-bound organizing trend is spreading. Great Lakes Coffee baristas in Detroit are following suit after Collectivo Coffee saw its first cafe location unionize last August.

Share

Are Apple Employees Secretly Organizing?

The tech realm continues to draw union focus. That’s not only the case for more formally categorized tech workers (as we previously told you about, the CODE-CWA initiative’s aiming for them) but also for Google Fiber sub-contracted retail workers, who will soon vote on whether to join the Alphabet Workers Union.

 

Another tech-retail hybrid example: a rather wild case involving Apple store employees. According to a Washington Post report, CEO Tim Cook has more worker unease on his hands, and workers at half a dozen (or so) stores are stealthily using Android devices to begin the organizing process. The report also mentions that these hourly workers find inspiration in what’s happening over at Starbucks.

 

The news industry continues to see organizing efforts in multiple places. At the Financial Times, employees claim they have enough support for a union (after a year of organizing) to soon vote for joining the News Guild affiliate of the Communication Workers of America. And over at the New York Times, the paper’s facing down an impending vote by 600 tech workers who are preparing an NLRB vote. 

Share

Score Board

Who are the winners (and losers) of the labor movement? Don't guess, just check the LRI Scoreboard

Share

Student-Athletes Draw NLRB Focus Afresh

A new wrinkle greets the push for the NLRB to graduate student-athletes into employee status. That is to say, the National College Players Association’s executive director filed an unfair labor charge against the NCAA and multiple California universities to force the NLRB to include public university students within the employee-status question. If successful, this would open the door for these players to organize and collectively bargain, and NLRB General Counsel Jennifer Abruzzo previously suggested that student-athletes are misclassified if they’re not considered employees.

 

Campus-based organization continues to see mixed results with Duke University press workers forming a union while MIT is declining to recognize a graduate-student union unless they see an independent election. And at Harvard University, infighting within the security guards’ union complicates ongoing contract negotiation, all while striking California College of the Arts Workers continue to bargain for their own contract.

Share

A Concrete Mess and Biden’s EV Drama

If you thought that construction delays in your city are bad, consider what’s going on in the Seattle area where concrete-mixing driver strikes have continued for months. A few weeks ago, county officials unleashed a multimillion-dollar bid to push unions and companies together through a competition to exclusively pave the entire county. One of the key components of this deal, though, is that any company who wants to be in the running must successfully bargain for a union contract. It’s a development that arrives after a three-month strike that prompted thousands of layoffs in the process.

 

Elsewhere, UAW expressed displeasure over a fleet of USPS vehicles being produced in South Carolina, rather than Wisconsin as expected by union leaders and members. That battle will continue, although it must be noted that union leadership holds the Biden administration at least partially responsible for pushing to “Build Back Better” yet not warding off what’s turning into a public relations nightmare for Democrats. 

 

Meanwhile, Biden’s cold shoulder toward Tesla continues. That’s no surprise after Biden snubbed the union-free automaker for the EV summit last year, but CEO Elon Musk called out Biden for even refusing to even say “Tesla.” Recently, Biden conspicuously met with both GM and Ford to deliver praise for their EV development while Tesla still remains the leader in EV car sales, although Ford’s investing to win that title by 2025.

Share

The Gig Economy Keeps Morphing

We recently told you about how the gig economy is poised for change, particularly with the NLRB signaling a high-stakes overhaul of the “joint employer” rule, which would pave an easier way for workers to prove employee status instead of contractor status. The current existing standard follows the SuperShuttle DFW decision, put into place in 2019 while declaring that Uber drivers should be classified as independent contractors.

 

At issue is the Atlanta Opera case, for which the NLRB invited amicus curiae briefs in order to determine whether the company’s makeup artists and hair stylists are employees and able to organize. To that end, the Service Employees International Union requested that the NLRB return to the common law standard while evaluating employee vs. independent contractor status. 

 

As a counterpoint, the U.S. Chamber of Commerce’s amicus brief urged the NLRB to maintain the current standard while stressing the importance of protecting flexible employment and avoiding uncertainty for employers, along with avoiding a loss of NLRB credibility due to flip-flopping standards after only three years.

Share

Minimum Rising Into 2025

California’s looking to break new ground after the State Assembly passed a measure (pushed by unions) aimed towards boosting minimum wage (from $15 to $18 by 2025) for 557,000 fast food workers (those working for national chains) in the state. A similar measure targeting a statewide minimum is gaining steam, grinding toward the 700,000-signature mark. If that happens, the issue will be in the hands of voters this November.

Share

Labor Around the World

Back in August, GM workers in Mexico decertified their long-standing contract with the historically corrupt Confederation of Mexican Workers union. This week, over 6,000 of those workers voted to adopt (with 78% approval) an independent union under the watchful gaze of U.S. officials. The case could bring big developments regarding the Trump-negotiated 2020 United States-Mexico-Canada Agreement (essentially a

NAFTA-replacement trade deal, which was forged with the intent of ending Mexican labor-system corruption). As for how this “test” case will ultimately reflect upon the new trade deal, only time will tell.

Share

You've still got time!

 The open enrollment Virtual Approachable Leadership Workshop kicks off Tuesday, March 1st.  We have a few complimentary seats left if you want to preview for your company. March 1, 2nd and 3rd at 2pm CST.


If you'd like to attend, email Stephanie at somalley@lrionline.com, or call us at 800-888-9115.


Share

About Labor Relations INK


Labor Relations INK is published weekly and is edited by Labor Relations Institute, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


If you use content from this newsletter please attribute it to Labor Relations Institute and include our website: http://www.LRIonline.com 


Contributing editors for this issue: Phillip Wilson, Greg Kittinger, and Kimberly Ricci 


You are receiving this email because you subscribed to receive our labor relations newsletters and updates. You can manage your email preferences by clicking the link at the bottom of any of our email communications.


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.

Share