Skip to main content

Breaking: Amazon Employees At Alabama Location Vote Against Unionization

 

No sooner do I post the What I’ve Been Reading This Week note a little while ago do I see a breaking news headline come across my phone that the Amazon employees at the Bessemer, Alabama location have voted against unionization.

The 1,798 - 738 vote against unionization is a striking blow to labor leaders who had started to believe that they could use the first unionization of a U.S. Amazon location as a springboard to unionizing other Amazon locations across the country.  Those plans are likely on hold given the resounding defeat in Alabama.

It is worth noting that while approximately 6,000 workers at the Amazon location were eligible to vote, only approximately half actually did so.  Readers will remember that there had been about 500 ballots that were challenged.  As the result of the election is not determinative on those 500 ballots, any challenge to those will not be heard at this time.

What is next?  For starters, the Retail, Wholesale and Department Store Union (who sought to unionize the Amazon location) have indicated they will ask the National Labor Relations Board to set aside the results on the grounds that Amazon “created an atmosphere” that interfered “with the employees’ freedom of choice.”  I would not necessarily hold my breath on the results being set aside, barring some smoking gun evidence that comes to light against Amazon.  As with a similar union defeat at a Tennessee Volkswagen a few years ago, maybe labor advocates will wait and give it another try here.

As well, do not forget that while the President Joe Biden administration voiced support for unionization, the administration did not dive head first and throw its weight beyond the unionization efforts.  Whether the writing was on the wall and the administration did not want to risk losing any political sway or whether the administration simply wanted to stay above the fray, this election defeat should temper expectations of a massive organized labor renaissance for the time being.


For additional information:  https://www.politico.com/news/2021/04/09/amazon-alabama-union-drive-defeat-480581

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
Post a Comment
Read more