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    Big Tech Is Getting Clobbered on Wall Street. It’s a Good Time for Them.

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    Flush with cash, Facebook, Apple, Amazon, Microsoft and Google are positioned to emerge from a downturn stronger and more powerful. As usual.SAN FRANCISCO — Apple, Amazon, Microsoft and the parent companies of Facebook and Google have lost $2.7 trillion in value so far this year, about the annual gross domestic product of Britain.So what have the companies done about this thrashing on Wall Street? Microsoft has doubled its employees’ bonus pool, Google has committed to hiring more engineers, and Apple has showered its top hardware talent with $200,000 bonuses.The dissonance between the stock market’s relative panic and the business-as-usual calm among tech giants foreshadows a period when analysts, investors and economists predict that the world’s largest companies will widen their lead in their respective markets.The bullishness about their prospects reflects an understanding that the companies have tight control of some of the world’s most lucrative businesses: social media, premium smartphones, e-commerce, cloud computing and search. Their dominance in those arenas and toeholds in other businesses should blunt the pains of inflation, even as those challenges hammer big companies such as Walmart and Target and the stock market nears bear market territory.The S&P 500 spent much of Friday below the threshold for what is considered a bear market — commonly defined as 20 percent below its last peak — before rallying late in the afternoon. The index ended the week with a loss of 3 percent, its seventh straight weekly decline. That’s its longest stretch of losses since 2001.In the months ahead, Microsoft, Google, Apple and Amazon are expected to boost hiring, buy more businesses and emerge on the other side of a bearish economy stronger and more powerful — even if they shed some of their total valuation and their relentless growth of the last few years.“Big tech can say, ‘Forget the economy,’” said Richard Kramer, founder of the London-based advisory firm Arete Research. Flush with cash, he said, “they can invest through the cycle.”Read More About Apple‘After Steve’: Jony Ive, who helped define Apple’s iconic look, left as the Tim Cook era took hold. A new book details how they and the company changed following Steve Jobs’s death.A $3 Trillion Company: Four decades after going public, Apple reached a $1 trillion market value in 2018. Now, the company is worth triple that.Trademarks: The tech behemoth has opposed singer-songwriters, school districts and food blogs for trying to trademark names or logos featuring an apple — and even other fruits.AirTags: Privacy groups said that Apple’s new coin-size devices could be used to track people. Those warnings appear to have been prescient.The large companies’ plans contrast sharply with a wave of spending cuts crashing through the rest of the tech sector. Steep declines in share prices at unprofitable companies such as Uber, down 45 percent, and Peloton, down 58 percent, have led their chief executives to cut jobs or consider layoffs. Start-ups are pruning their workforces as venture capital funding slows.Those companies’ plummeting values will create buying opportunities, said Toni Sacconaghi, a tech analyst at Bernstein, a research firm. Large deals may be difficult because the Federal Trade Commission is scrutinizing takeover moves by Facebook, Apple, Amazon, Microsoft and Google, he said, but smaller deals for emerging technology or engineers could be rampant.As people return to work and travel, they are making fewer Amazon purchases, leaving the company with more space and staff than it needs.Roger Kisby for The New York TimesDuring the Great Recession, Facebook, Amazon, Google, Apple and Microsoft acquired more than 100 companies from 2008 to 2010, according to Refinitiv, a financial data company. Some of those deals have become fundamental to their businesses today, including Apple’s acquisition of the chip company P.A. Semi, which contributed to the company’s development of its new laptop processors, and Google’s acquisition of AdMob, which helped create a mobile advertising business.“The big will get bigger and the poor will get poorer,” said Michael Cusumano, deputy dean of the Sloan School of Management at the Massachusetts Institute of Technology. “That’s the way network effects work.”There are caveats to this sense of invulnerability. The big companies’ plans could always change if the economy continues to deteriorate and consumers pull back even further on their spending. And some of the big companies are more vulnerable than others.Meta Platforms, Facebook’s parent company, has fared worse than its peers because its business is facing long-term challenges. It has posted falling profits as its user growth slows amid rising competition from TikTok, and changes in Apple’s privacy policy stymie its ability to personalize ads.Mark Zuckerberg, Meta’s chief executive, has responded by instituting a temporary hiring freeze for some roles. During a recent all-hands meeting with staff, employees asked if layoffs would follow. Mr. Zuckerberg said that job cuts weren’t in the company’s current plans and were unlikely in the future, according to a spokesman. Instead, he said the company was focused on slowing spending and limiting its growth.Amazon sent a similar signal to its employees last month after it posted disappointing results. In a call with analysts, Brian Olsavsky, the company’s finance chief, said Amazon would look to corral costs after it doubled spending on warehouses and staff to keep pace with pandemic orders. As people return to work and travel, they are making fewer Amazon purchases, leaving the company with more space and staff than it needs.But Amazon’s lucrative cloud business, Amazon Web Services, or A.W.S. for short, continues to gush profits. The company plans to lean into its success in the months ahead by increasing its spending on data centers. It also has committed to raising the cap on base compensation of its corporate staff to $350,000, from $160,000. And it is investing in a plan to build a network of satellites to deliver high-speed internet by launching 38 rockets into space.Between them, Facebook, Microsoft, Google, Apple and Amazon had nearly $300 billion in cash, excluding debt, at the end of March, according to Loup Ventures, an investment firm specializing in tech research.The cash reserves could fund accelerated stock buybacks as share prices fall, analysts say. Doing so would increase the companies’ earnings per share, deliver more value to investors and signal to the market that their firms are more valuable than Wall Street is willing to acknowledge.The companies roared ahead during the pandemic as people sequestered at home immersed themselves in a digital world. Customer orders soared on Amazon, for everything from hand sanitizer to Instant Pots. Shuttered stores shifted sales online and ramped up Google and Facebook advertising. Remote students and employees splurged on new iPhones, iPads and Macs.The last tech giant to cull its ranks during a major downturn, Microsoft, is doing the opposite during this turbulent period. Emboldened by a business that has proved more durable than its peers, Microsoft is sweetening salaries, boosting its investments in cloud computing and standing by a $70 billion acquisition of Activision Blizzard that it expects to unlock more sales for its gaming empire.A Call of Duty event in Minneapolis in 2020. Microsoft’s acquisition of Activision Blizzard is expected to unlock more sales for its gaming empire.Bruce Kluckhohn/USA Today Sports, via ReutersSimilar resilience has been on display at Google and Apple. Google, a subsidiary of Alphabet, recently overhauled its performance review process and told staff that they would likely get pay increases, according to CNBC. It also plans to increase its spending on data centers to support its growing cloud business.Tim Cook, Apple’s chief executive, has a longstanding philosophy that Apple should continue to invest for the future amid a downturn. It more than doubled its staff during the Great Recession and nearly tripled its sales. Lately, it has increased bonuses to some hardware engineers by as much as $200,000, according to Bloomberg.John Chambers, who steered Cisco Systems through multiple downturns as its former chief executive, said the companies’ strong businesses and deep pockets could afford them the chance to take risks that would be impractical for smaller competitors. During the 2008 downturn, he said Cisco allowed distressed automakers to pay for technology services with credit at a time when competitors demanded cash. The company risked having to write down $1 billion in inventory, but emerged from the recession as the dominant provider to a healthy auto industry, he said.“Companies break away during downturns,” Mr. Chambers said.Excelling will require disregarding the broader market’s gloom, said David Yoffie, a professor at Harvard Business School. He said previous downturns had shown that even the strongest businesses were susceptible to profit pressures and prone to pulling back. “Firms get pessimistic like everyone else,” he said.The first test for the biggest companies in tech will be contagion from their peers. Amazon’s shares in the electric vehicle maker Rivian Automotive have plunged more than 65 percent, a $7.6 billion paper loss. Apple’s services sales are likely to be crimped by a slowdown in advertising by app developers, which rely on venture-capital funding to finance their marketing, analysts say. And start-ups are scrutinizing their spending on cloud services, which will likely slow growth for Microsoft Azure and Google Cloud, analysts and cloud executives said.“People are trying to figure out how to spend smartly,” said Sam Ramji, the chief strategy officer at DataStax, a data management company.Regulatory challenges on the horizon could darken the big tech companies’ prospects, as well. Europe’s Digital Markets Act, which is expected to become law soon, is designed to increase the openness of tech platforms. Among other things, it could scuttle the estimated $19 billion that Apple collects from Alphabet to make Google the default search engine on iPhones, a change that Bernstein estimates could erase as much as 3 percent of Apple’s pretax profit.But the companies are expected to challenge the law in court, potentially tying up the legislation for years. The probability it gets bogged down leaves analysts sticking to their consensus: “Big Tech is going to be more powerful. And what’s being done about it? Nothing,” Mr. Kramer of Arete Research said.Jason Karaian contributed reporting. More

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    Why Union Efforts at Starbucks Have Spread Further Than at Amazon

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    Why has the union campaign spread so much further at the coffee chain than at the e-commerce giant?Roughly six weeks after successful union votes at two Buffalo-area Starbucks stores in December, workers had filed paperwork to hold union elections in at least 20 other Starbucks locations nationwide.By contrast, since the Amazon Labor Union’s victory last month in a vote at a huge warehouse on Staten Island, workers at just one other Amazon facility have filed for a union election — with an obscure union with a checkered past — before promptly withdrawing their petition.The difference may come as a surprise to those who believed that organizing at Amazon might follow the explosive pattern witnessed at Starbucks, where workers at more than 250 stores have filed for elections and the union has prevailed at a vast majority of the locations that have voted.Christian Smalls, the president of the independent Amazon Labor Union, told NPR shortly after the victory that his group had heard from workers in 50 other Amazon facilities, adding, “Just like the Starbucks movement, we want to spread like wildfire across the nation.”The two campaigns share some features — most notably, both are largely overseen by workers rather than professional organizers. And the Amazon Labor Union has made more headway at Amazon than most experts expected, and more than any established union.But unionizing workers at Amazon was always likely to be a longer, messier slog given the scale of its facilities and the nature of the workplace. “Amazon is so much harder a nut to crack,” John Logan, a labor studies professor at San Francisco State University, said by email. The union recently lost a vote at a smaller warehouse on Staten Island.To win, a union must get the backing of more than 50 percent of the workers who cast a vote. That means 15 or 20 pro-union workers can ensure victory in a typical Starbucks store — a level of support that can be summoned in hours or days. At Amazon warehouses, a union frequently would have to win hundreds or thousands of votes.Organizers for the Amazon Labor Union spent hundreds of hours talking with co-workers inside the warehouse during breaks, after work and on days off. They held cookouts at a bus stop outside the warehouse and communicated with hundreds of colleagues through WhatsApp groups.Brian Denning, who leads an Amazon organizing campaign sponsored by the Democratic Socialists of America chapter in Portland, Ore., said his group had received six or seven inquiries a week from Amazon workers and contractors after the Staten Island victory, versus one or two a week beforehand.But Mr. Denning, a former Amazon warehouse employee who tells workers that they are the ones who must lead a union campaign, said that many didn’t realize how much effort unionizing required, and that some became discouraged once he conferred with them.Understand the Unionization Efforts at AmazonBeating Amazon: A homegrown, low-budget push to unionize at a Staten Island warehouse led to a historic labor victory. (Workers at another nearby Amazon facility rejected joining a similar effort shortly after.)Retaliation: Weeks after the landmark win, Amazon fired several managers in Staten Island. Some see it as retaliation for their involvement in the unionization efforts.A New Playbook: The success of the Amazon union’s independent drive has organized labor asking whether it should take more of a back seat.Amazon’s Approach: The company has countered unionization efforts with mandatory “training” sessions that carry clear anti-union messages.“We get people saying how do we get an A.L.U. situation here? How do we do that like they did?” Mr. Denning said, adding: “I don’t want to scare them away. But I can’t lie to workers. This is what it is. It’s not for everyone.”At Starbucks, employees work together in a relatively small space, sometimes without a manager present to supervise them directly for hours at a time. This allows them to openly discuss concerns about pay and working conditions and the merits of a union.At Amazon, the warehouses are cavernous, and workers are often more isolated and more closely supervised, especially during an organizing campaign.“What they would do is strategically separate me from everyone in my department,” said Derrick Palmer, an Amazon employee on Staten Island who is one of the union’s vice presidents. “If they see me interacting with that person, they would move them to a different station.”Asked about the allegation, Amazon said it assigned employees to work stations and tasks based on operational needs.Both companies have accused the unions of their own unfair tactics, including intimidating workers and inciting hostile confrontations.Organizing drivers is an even greater challenge, partly because they are officially employed by contractors that Amazon hires, though labor organizers say they would like to pressure the company to address drivers’ concerns.Christy Cameron, a former driver at an Amazon facility near St. Louis, said the job’s setup largely kept drivers from interacting. At the beginning of each shift, a manager for the contractor briefs drivers, who then disperse to their trucks, help load them and get on the road.“It leaves very little time to talk with co-workers outside of a hello,” Ms. Cameron said in a text message, adding that Amazon’s training discouraged discussing working conditions with fellow drivers. “It was generally how they are highly against unionizing and don’t talk about pay and benefits with each other.”Amazon, with about a million U.S. workers, and Starbucks, with just under 250,000, offer similar pay. Amazon has said that its minimum hourly wage is $15 and that the average starting wage in warehouses is above $18. Starbucks has said that as of August its minimum hourly wage will be $15 and that the average will be nearly $17.Starbucks workers celebrated the results of a vote to unionize in Buffalo last year.Joshua Bessex/Associated PressDespite the similarity in pay, organizers say the dynamics of the companies’ work forces can be quite different.At the Staten Island warehouse where Amazon workers voted against unionizing, many employees work four-hour shifts and commute 30 to 60 minutes each way, suggesting they have limited alternatives.“People who go to that length for a four-hour job — it’s a particular group of people who are really struggling to make it,” said Gene Bruskin, a longtime labor organizer who advised the Amazon Labor Union in the two Staten Island elections, in an interview last month.As a result of all this, organizing at Amazon may involve incremental gains rather than high-profile election victories. In the Minneapolis area, a group of primarily Somali-speaking Amazon workers has staged protests and received concessions from the company, such as a review process for firings related to productivity targets. Chicago-area workers involved in the group Amazonians United received pay increases not long after a walkout in December.Ted Miin, an Amazon worker who is one of the group’s members, said the concessions had followed eight or nine months of organizing, versus the minimum of two years he estimates it would have taken to win a union election and negotiate a first contract.For workers who seek a contract, the processes for negotiating one at Starbucks and Amazon may differ. In most cases, bargaining for improvements in compensation and working conditions requires additional pressure on the employer.At Starbucks, that pressure is in some sense the union’s momentum from election victories. “The spread of the campaign gives the union the ability to win in bargaining,” Mr. Logan said. (Starbucks has nonetheless said it will withhold new pay and benefit increases from workers who have unionized, saying such provisions must be bargained.)At Amazon, by contrast, the pressure needed to win a contract will probably come through other means. Some are conventional, like continuing to organize warehouse employees, who could decide to strike if Amazon refuses to recognize them or bargain. The company is challenging the union victory on Staten Island.But the union is also enlisting political allies with an eye toward pressuring Amazon. Mr. Smalls, the union president, testified this month at a Senate hearing that was exploring whether the federal government should deny contracts to companies that violate labor laws.On Thursday, Senator Bob Casey, a Pennsylvania Democrat, introduced legislation seeking to prevent employers from deducting anti-union activity, like hiring consultants to dissuade workers from unionizing, as a business expense.While many of these efforts may be more symbolic than substantive, some appear to have gotten traction. After the Port Authority of New York and New Jersey announced last summer that it was awarding Amazon a 20-year lease at Newark Liberty International Airport to develop an air cargo hub, a coalition of community, labor and environmental groups mobilized against the project.The status of the lease, which was to become final by late last year, remains unclear. The Port Authority said that lease negotiations with Amazon were continuing and that it continued to seek community input. An Amazon spokeswoman said the company was confident the deal would close.A spokeswoman for Gov. Phil Murphy of New Jersey indicated that the company might have to negotiate with labor groups before the deal could go forward. “The governor encourages anyone doing business in our state to work collaboratively with labor partners in good faith,” the spokeswoman said.Karen Weise More

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    NLRB Finds Merit in Union Accusations Against Amazon and Starbucks

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    In a sign that federal labor officials are closely scrutinizing management behavior during union campaigns, the National Labor Relations Board said Friday that it had found merit in accusations that Amazon and Starbucks had violated labor law.At Amazon, the labor board found merit to charges that the company had required workers to attend anti-union meetings at a vast Staten Island warehouse where the Amazon Labor Union won a stunning election victory last month. The determination was communicated to the union Friday by an attorney for the labor board’s regional office in Brooklyn, according to Seth Goldstein, a lawyer representing the union.Such meetings, often known as “captive audience” meetings, are legal under current labor board precedent. But last month, the board’s general counsel, Jennifer Abruzzo, issued a memo saying that the precedent was at odds with the underlying federal statute, and she indicated that she would seek to challenge it.In the same filing of charges, the Amazon Labor Union accused the company of threatening to withhold benefits from employees if they voted to unionize, and of inaccurately indicating to employees that they could be fired if the warehouse were to unionize and they failed to pay union dues. The labor board also found merit to these accusations, according to an email from the attorney at the regional office, Matt Jackson.Mr. Jackson said the agency would soon issue a complaint reflecting those accusations unless Amazon settled the case. The complaint would be litigated before an administrative law judge, whose decision could be appealed to the labor board in Washington.Understand the Unionization Efforts at AmazonBeating Amazon: A homegrown, low-budget push to unionize at a Staten Island warehouse led to a historic labor victory. (Workers at another nearby Amazon facility rejected joining a similar effort shortly after.)Retaliation: Weeks after the landmark win, Amazon fired several managers in Staten Island. Some see it as retaliation for their involvement in the unionization efforts.A New Playbook: The success of the Amazon union’s independent drive has organized labor asking whether it should take more of a back seat.Amazon’s Approach: The company has countered unionization efforts with mandatory “training” sessions that carry clear anti-union messages.Mr. Goldstein applauded Ms. Abruzzo and the regional office for taking “decisive steps ending required captive audience meetings” and said the right to unionize “will be protected by ending Amazon’s inherently coercive work practices.”Kelly Nantel, an Amazon spokeswoman, said in a statement that “these allegations are false and we look forward to showing that through the process.”At Starbucks, where the union has won initial votes at more than 50 stores since December, the labor board issued a complaint Friday over a series of charges the union filed, most of them in February, accusing the company of illegal behavior. Those accusations include firing employees in retaliation for supporting the union; threatening employees’ ability to receive new benefits if they choose to unionize; requiring workers to be available for a minimum number of hours to remain employed at a unionized store without bargaining over the change, as a way to force out at least one union supporter; and effectively promising benefits to workers if they decide not to unionize.In addition to those allegations, the labor board found merit to accusations that the company intimidated workers by closing Buffalo-area stores and engaging in surveillance of workers while they were on the job. All of those actions would be illegal.In a statement, Starbucks Workers United, the branch of the union representing workers there, said that the finding “confirms the extent and depravity of Starbucks’s conduct in Western New York for the better part of a year.” It added: “Starbucks will be held accountable for the union-busting minefield they forced workers to walk through in fighting for their right to organize.”Starbucks said in a statement that the complaint doesn’t constitute a judgment by the labor board, adding, “We believe the allegations contained in the complaint are false, and we look forward to presenting our evidence when the allegations are adjudicated.” More

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    Amazon Fires Senior Managers Tied to Unionized Staten Island Warehouse

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    Company officials said the terminations were the result of an internal review, while the fired managers saw it as a response to the recent union victory.After Amazon employees at a massive warehouse on Staten Island scored an upset union victory last month, it turned the union’s leaders into celebrities, sent shock waves through the broader labor movement and prompted politicians around the country to rally behind Amazon workers. Now it also appears to have created fallout within Amazon’s management ranks.On Thursday, Amazon informed more than half a dozen senior managers involved with the Staten Island warehouse that they were being fired, said four current and former employees with knowledge of the situation, who spoke on the condition of anonymity out of fear of retaliation.The firings, which occurred outside the company’s typical employee review cycle, were seen by the managers and other people who work at the facility as a response to the victory by the Amazon Labor Union, three of the people said. Workers at the warehouse voted by a wide margin to form the first union at the company in the United States, in one of the biggest victories for organized labor in at least a generation.Word of the shake-up spread through the warehouse on Thursday. Many of the managers had been responsible for carrying out the company’s response to the unionization effort. Several were veterans of the company, with more than six years of experience, according to their LinkedIn profiles.Workers who supported the union complained that the company’s health and safety protocols were too lax, particularly as they related to Covid-19 and repetitive strain injuries, and that the company pushed them too hard to meet performance targets, often at the expense of sufficient breaks. Many also said pay at the warehouse, which starts at over $18 per hour for full-time workers, was too low to live on in New York City.Understand the Unionization Efforts at AmazonBeating Amazon: A homegrown, low-budget push to unionize at a Staten Island warehouse led to a historic labor victory. (Workers at another nearby Amazon facility rejected joining a similar effort shortly after.)Retaliation: Weeks after the landmark win, Amazon fired several managers in Staten Island. Some see it as retaliation for their involvement in the unionization efforts.A New Playbook: The success of the Amazon union’s independent drive has organized labor asking whether it should take more of a back seat.Amazon’s Approach: The company has countered unionization efforts with mandatory “training” sessions that carry clear anti-union messages.An Amazon spokeswoman said the company had made the management changes after spending several weeks evaluating aspects of the “operations and leadership” at JFK8, which is the company’s name for the warehouse. “Part of our culture at Amazon is to continually improve, and we believe it’s important to take time to review whether or not we’re doing the best we could be for our team,” said Kelly Nantel, the spokeswoman.The managers were told they were being fired as part of an “organizational change,” two people said. One of the people said some of the managers were strong performers who recently received positive reviews.The Staten Island facility is Amazon’s only fulfillment center in New York City, and for a year current and former workers at the facility organized to form an upstart, independent union. The company is challenging the election, saying that the union’s unconventional tactics were coercive and that the National Labor Relations Board was biased in the union’s favor. And the union is working to maintain the pressure on Amazon so it will negotiate a contract.Christian Smalls, the president of the Amazon Labor Union, testified on Thursday before a Senate committee that was exploring whether companies that violate labor laws should be denied federal contracts. Mr. Smalls later attended a White House meeting with other labor organizers in which he directly asked President Biden to press Amazon to recognize his union.A White House spokeswoman said it was up to the National Labor Relations Board to certify the results of the recent election but affirmed that Mr. Biden had long supported collective bargaining and workers’ rights to unionize.Amazon has said that it invested $300 million on safety projects in 2021 alone and that it provides pay above the minimum wage with solid benefits like health care to full-time workers as soon as they join the company.More than 8,000 workers at the warehouse were eligible to vote, and the union made a point of reaching out to employees from different ethnic groups, including African Americans, Latinos and immigrants from Africa and Asia, as well as those of different political persuasions, from conservatives to progressives.Company officials and consultants held more than 20 mandatory meetings per day with employees in the run-up to the election, in which they sought to persuade workers not to support the union. The officials highlighted the amount of money that the union would collect from them and emphasized the uncertainty of collective bargaining, which they said could leave workers worse off.Labor experts say such claims can be misleading because it is highly unusual for workers to see their compensation fall as a result of the bargaining process.Roughly one month after the union victory at JFK8, Amazon workers at a smaller facility nearby voted against unionizing by a decisive margin.The votes came during what could be an inflection point for organized labor. While the rate of union membership reached its lowest point in decades last year (about 10 percent of U.S. workers) petitions to hold union elections were up more than 50 percent over the previous year during the six months ending in March, according to the National Labor Relations Board. The number of petitions is on pace to reach its highest point in at least a decade.Since December, workers at Starbucks have won initial union votes at more than 50 stores nationwide, while workers have organized or sought to organize at other companies that did not previously have unions, such as Apple and the outdoor apparel retailer REI.Grace Ashford More

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    Biden and Harris meet with labor organizers from Amazon and Starbucks.

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    President Biden, Vice President Kamala Harris and Labor Secretary Martin J. Walsh met Thursday at the White House with several union organizers involved in successful campaigns at companies including Amazon and Starbucks.The meeting was intended to discuss how the recent organizing successes can inspire other workers to join or form a union, according to the White House.Alex Speidel, an employee and union leader at Paizo, a publisher of role-playing games in the Seattle area, said the administration officials “were interested in hearing about how we had been successful — what things we had done to motivate people without the union history in their families, first-time union joiners.”A high-profile White House event focused primarily on rank-and-file union members and grassroots organizers is unusual for a president of either party. But a task force on worker organizing led by Ms. Harris, which officially organized Thursday’s meeting, has met with workers outside the White House on several occasions, and rank-and-file union members have attended White House events under Mr. Biden. There have also been White House meetings with labor leaders and senior labor officials.Christian Smalls, president of the Amazon Labor Union, asked Mr. Biden to press Amazon’s leadership to recognize the union and to begin collective bargaining, and Mr. Biden expressed general support in response, according to Mr. Speidel and another attendee, Jaimie Caldwell, a librarian at the Baltimore County Public Library in Maryland. A White House spokeswoman said it was up to the National Labor Relations Board, an independent agency, to certify unions. She also pointed to earlier remarks by Jen Psaki, the White House press secretary, noting that President Biden is a longtime advocate “for collective bargaining, for the rights of workers to organize, and their decision to do exactly that” in the case of Amazon.The meeting comes at a time when union organizers have won several high-profile elections, including more than 50 at Starbucks locations and at the Staten Island warehouse where Mr. Smalls led a unionization effort.In addition to union leaders and workers from Amazon, Starbucks, Paizo and the Baltimore County Public Library, the meeting included workers from the outdoor apparel retailer REI and the animation production company Titmouse.Labor leaders often describe Mr. Biden as the most pro-labor president of their lifetimes, pointing to his replacement of government officials they disliked with those more sympathetic to unions, and to the undoing of Trump-era rules that weakened worker protections.During a high-profile union campaign at Amazon last year, Mr. Biden warned that “there should be no intimidation, no coercion, no threats, no anti-union propaganda,” and he later criticized Kellogg for its plans to permanently replace striking workers during a labor dispute. Both were unusual interjections by a sitting president. More

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    NLRB Counsel Calls for Ban on Mandatory Anti-Union Meetings

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    The general counsel of the National Labor Relations Board issued a memo on Thursday arguing that the widespread employer practice of requiring workers to attend anti-union meetings is illegal under federal law, even though labor board precedent has allowed it.The general counsel, Jennifer Abruzzo, who enforces federal labor law by prosecuting violations, said her office would soon file a brief in a case before the labor board, which adjudicates such questions, asking the board to reverse its precedent on the meetings.“This license to coerce is an anomaly in labor law, inconsistent with the act’s protection of employees’ free choice,” Ms. Abruzzo said in a statement, referring to the National Labor Relations Act. “I believe that the N.L.R.B. case precedent, which has tolerated such meetings, is at odds with fundamental labor-law principles, our statutory language and our congressional mandate.”In recent months, high-profile employers like Amazon and Starbucks, which are facing growing union campaigns, have held hundreds of meetings in which they try to persuade workers not to unionize by arguing that unions are a “third party” that would come between management and workers.Amazon officials and consultants have repeatedly told workers in mandatory meetings that they “could end up with more wages and benefits than they had prior to the union, the same amount that they had or potentially could end up with less,” according to testimony from N.L.R.B. hearings about a union election in Alabama last year.The company spent more than $4 million last year on consultants who took part in such meetings and sought out workers on warehouse floors.But many workers and union officials complain that these claims are highly misleading. Unionized employees typically earn more than similar nonunion employees, and it is highly unusual for compensation to fall as a result of a union contract.Wilma B. Liebman, who headed the labor board under President Barack Obama, said it would probably be sympathetic to Ms. Abruzzo’s argument and could reverse its precedent. But Ms. Liebman said it was unclear what practical effect a reversal would have, since many employees may feel compelled to attend anti-union meetings even if they were no longer mandatory.“Those on the fence may be reluctant not to attend for fear of retaliation or being singled out,” she wrote by email.According to a spokeswoman, the board’s regional offices, which Ms. Abruzzo oversees, are also likely to issue complaints against employers over the meetings. One union, the Retail, Wholesale and Department Store Union, has brought such a case in Bessemer, Ala., where it recently helped organize workers seeking to unionize an Amazon warehouse. A vote count last week showed union supporters narrowly trailing union opponents in that election, but the outcome will hinge on several hundred challenged votes whose status will be determined in the coming weeks.The labor board spokeswoman said the outcome of the board’s “lead” case on the mandatory meetings would bind the other cases. The case is pending but has not been identified. More

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    Amazon Union Success May Point to a New Labor Playbook

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    After the stunning victory at Amazon by a little-known independent union that didn’t exist 18 months ago, organized labor has begun to ask itself an increasingly pressing question: Does the labor movement need to get more disorganized?Unlike traditional unions, the Amazon Labor Union relied almost entirely on current and former workers rather than professional organizers in its campaign at a Staten Island warehouse. For financing, it turned to GoFundMe appeals rather than union coffers built from the dues of existing members. It spread the word in a break room and at low-key barbecues outside the warehouse.In the end, the approach succeeded where far bigger, wealthier and more established unions have repeatedly fallen short.“It’s sending a wake-up call to the rest of the labor movement,” said Mark Dimondstein, the president of the American Postal Workers Union. “We have to be homegrown — we have to be driven by workers — to give ourselves the best chance.”The success at Amazon comes on the heels of worker-driven initiatives in a variety of other industries. In 2018, rank-and-file public-school teachers in states like West Virginia and Arizona used social media to plan a series of walkouts, setting in motion one of the largest labor actions in recent decades and forcing union leaders to embrace their tactics.White-collar tech workers have organized protests at Google and Netflix over issues like sexual harassment and prejudice toward transgender people. At colleges like Grinnell and Dartmouth, workers have recently formed unions that are unaffiliated with existing labor groups.And at Starbucks, where workers have voted to unionize 10 corporate-owned stores and filed for elections in roughly 150 more over the past six months, the campaign has largely expanded through worker-to-worker interactions over email, text and Zoom, even as it is being overseen by Workers United, an affiliate of the Service Employees International Union.Nonunion Starbucks employees typically receive advice from their newly unionized counterparts, then meet with co-workers in their stores, distribute union cards, decide whether and when to file for an election and respond to media inquiries — responsibilities that professional union staff members often carry out in traditional campaigns.“I can give my opinions — experience means something, but living it means more,” said Richard Bensinger, an organizer for Workers United, referring to the difference between organizing as an outsider and working at a company.Some union officials have criticized the labor movement for being content to shrink gradually, like a wheezing media giant ill suited for the internet age, rather than experiment with new models and invest aggressively in recruitment. They have pointed to a decline in funding for an A.F.L.-C.I.O. department dedicated to organizing, though the federation’s president, Liz Shuler, has said organizing remains a priority and is funded through different mechanisms.A Landmark Win for Unionization at AmazonWorkers at an Amazon warehouse on Staten Island delivered one of the biggest victories for organized labor in a generation.The Vote: Despite heavy lobbying by the company, workers at the warehouse chose to unionize by a wide margin.How the Union Won: After Amazon fired Christian Smalls, he and his best friend rallied other warehouse workers with home cooking and TikTok videos.Amazon’s Approach: The company has tried to counter unionization efforts with employee “training” sessions that carry clear anti-union messages.Times Investigation: In 2021, we found that the Staten Island facility clearly displayed the stresses in Amazon’s employment model.Other activists and scholars have complained that even when established unions do invest in organizing, some are too intent on controlling key decisions and use workers merely as props who recite union-crafted talking points.Amazon employees on Staten Island lined up to vote last month.DeSean McClinton-Holland for The New York TimesIn her book “No Shortcuts: Organizing for Power in the New Gilded Age,” the organizer and scholar Jane McAlevey wrote skeptically of two common approaches of established unions. One is “advocacy,” in which union officials try to hammer out deals with corporate executives or political power brokers to allow workers to unionize, but with little input from workers.Ms. McAlevey also questioned an approach she called “mobilization,” in which the union takes on an employer primarily through the efforts of a professional staff, consultants and a cadre of activists rather than a large group of rank-and-file workers. “The staffers see themselves, not ordinary people, as the key agents of change,” she wrote.Some union officials have argued that the Fight for $15 campaign, in which the service employees’ union has spent tens of millions of dollars seeking to raise wages and help fast-food workers unionize, and OUR Walmart, which had similar goals for Walmart employees, were effectively mobilization efforts run largely by professional operatives.“They were engaged in a campaign to try to bring to bear a lot of external pressure, with show strikes and community support, to jack up Walmart to deal with them,” said Peter Olney, a former organizing director of the International Longshore and Warehouse Union, alluding to protests involving activists but few workers. “My critique is that was not going to happen. Walmart is not going to respond to show strikes. You have to have real strikes.”The critics typically acknowledge that the campaigns helped galvanize support for higher wages even if they fell short of unionizing workers. Defenders say the goal is to have an impact on a company- or industrywide scale rather than a few individual stores. They point to certain developments, like a pending California bill that would regulate fast-food wages and working conditions, as signs of progress.In other cases, workers themselves have perceived the limitations of established unions and the advantages of going it alone. Joseph Fink, who works at an Amazon Fresh grocery store in Seattle with roughly 150 employees, said the workers there had reached out to a few unions when seeking to organize in the summer but decided that the unions’ focus on winning recognition through National Labor Relations Board elections would delay resolution of their complaints, which included sexual harassment and health and safety threats.When the workers floated the idea of staging protests or walkouts as an alternative, union officials responded cautiously. “We received the response that if we were to speak up, assert our rights publicly, we’d be terminated,” Mr. Fink said. “It was a self-defeating narrative.”The workers decided to form a union on their own without the formal blessing of the N.L.R.B., a model known as a “solidarity union,” whose roots precede the modern labor movement.For workers who do seek N.L.R.B. certification, doing so independent of an established union also has advantages, such as confounding the talking points of employers and consultants, who often paint unions as “third parties” seeking to hoard workers’ dues.At Amazon, the strategy was akin to sending a conventional army into battle against guerrillas: Organizers said the talking points had fallen flat once co-workers realized that the union consisted of fellow employees rather than outsiders.“When a worker comes up to me, they look at me, then see I have a badge on and say, ‘You work here?’ They ask it in the most surprising way,” said Angelika Maldonado, an Amazon employee on Staten Island who heads the union’s workers committee. “‘I’m like, ‘Yeah, I work here.’ It makes us relatable from the beginning.”In recent years, a variety of groups have sought to make it easier for workers to organize independently. The nonprofit Solidarity Fund has provided stipends to workers involved in organizing campaigns and awarded $2,500 grants to seven Amazon workers on Staten Island last year.A for-profit company, Unit, provides software allowing workers to track the support of co-workers and file authorization signatures electronically with the N.L.R.B. The company, structured as a public benefit corporation, pairs workers with one of its professional organizers during the most delicate portions of the unionizing process, such as employer anti-union meetings. It recently helped its first group of workers unionize at Piedmont Health Services, a health care provider in North Carolina with roughly 40 eligible employees.Christian Smalls, an Amazon union leader and former employee, introduced Angelika Maldonado, who works at the Staten Island warehouse, at a rally last month.DeSean McClinton-Holland for The New York TimesThe problem for independent organizing efforts is that their momentum can be hard to sustain, even with such cutting-edge tools, or after securing a win through a strike or an election.“The organizing never stops,” said Kate Bronfenbrenner, director of labor education research at Cornell University. “You can’t sit back. For a normal first contract campaign, it averages three years. If Amazon contests this in court, this is going to take a lot longer.”Established unions like the Retail, Wholesale and Department Store Union, which came close to winning a do-over election last week at an Amazon warehouse in Bessemer, Ala., and recently notched a victory at the outdoor retailer REI, can provide institutional support to see the effort through.For worker-led unions, such challenges may point to the need for a hybrid approach in which they retain control of their organizations but seek guidance and resources from more established unions — something that is already occurring to varying degrees.The Amazon workers on Staten Island received pro bono legal help from employees of established unions as well as office space, and the Communications Workers of America lent them a messaging platform capable of sending out texts to co-workers en masse.At Starbucks, Workers United has paid for extensive legal work, such as litigating the company’s challenges to election petitions. One of the Buffalo baristas involved in the original campaign is also an organizer paid by Workers United.The question is whether traditional unions, while ramping up their contributions to these efforts, including opposition research and other public relations strategies, will be able to resist the temptation to seize control from the workers who fueled them.Mr. Dimondstein, who said his postal workers union was prepared to contribute resources to the Amazon campaign with no strings attached, advised his fellow union leaders to stand down and play a similar long game.“We need to make sure this doesn’t break down into jurisdictional fights — who’s getting these types of workers, these members,” he said.But when asked whether he thought established unions would be able to resist that temptation, Mr. Dimondstein confessed his uncertainty. “Well, I don’t know how confident I am,” he said. “I know it’s necessary.” More

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    Amazon Workers on Staten Island Vote to Unionize

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    It was a union organizing campaign that few expected to have a chance. A handful of employees at Amazon’s massive warehouse on Staten Island, operating without support from national labor organizations, took on one of the most powerful companies in the world.And, somehow, they won.Workers at the facility voted by a wide margin to form a union, according to results released on Friday, in one of the biggest victories for organized labor in a generation.Employees cast 2,654 votes to be represented by Amazon Labor Union and 2,131 against, giving the union a win by more than 10 percentage points, according to the National Labor Relations Board. More than 8,300 workers at the warehouse, which is the only Amazon fulfillment center in New York City, were eligible to vote.The win on Staten Island comes at a perilous moment for labor unions in the United States, which saw the portion of workers in unions drop last year to 10.3 percent, the lowest rate in decades, despite high demand for workers, pockets of successful labor activity and rising public approval.Critics — including some labor officials — say that traditional unions haven’t spent enough money or shown enough imagination in organizing campaigns and that they have often bet on the wrong fights. Some point to tawdry corruption scandals.The union victory at Amazon, the first at the company in the United States after years of worker activism there, offers an enormous opportunity to change that trajectory and build on recent wins. Many union leaders regard Amazon as an existential threat to labor standards because it touches so many industries and frequently dominates them.Amazon employees waited to vote in the parking lot of the JFK8 fulfillment center last week.DeSean McClinton-Holland for The New York TimesBut the win by a little-known, independent union with few ties to existing groups appears to raise as many questions for the labor movement as it answers: not least, whether there is something fundamentally broken with the traditional bureaucratic union model that can be solved only by replacing it with grass-roots organizations like the one on Staten Island.Amazon is likely to aggressively contest the union’s win. An unsigned statement on its corporate blog said, “We’re disappointed with the outcome of the election in Staten Island because we believe having a direct relationship with the company is best for our employees.”The Staten Island outcome followed what appears likely to be a narrow loss by the Retail, Wholesale and Department Store Union at a large Amazon warehouse in Alabama. The vote is close enough that the results will not be known for several weeks as contested ballots are litigated.The surprising strength shown by unions in both locations most likely means that Amazon will face years of pressure at other company facilities from labor groups and progressive activists working with them. As a recent string of union victories at Starbucks have shown, wins at one location can provide encouragement at others.Amazon hired voraciously over the past two years and now has 1.6 million employees globally. But it has been plagued by high turnover, and the pandemic gave employees a growing sense of power while fueling worries about workplace safety. The Staten Island warehouse, known as JFK8, was the subject of a New York Times investigation last year, which found that it was emblematic of the stresses — including inadvertent firings and sky-high attrition — on workers caused by Amazon’s employment model.“The pandemic has fundamentally changed the labor landscape” by giving workers more leverage with their employers, said John Logan, a professor of labor studies at San Francisco State University. “It’s just a question of whether unions can take advantage of the opportunity that transformation has opened up.”Standing outside the N.L.R.B. office in Brooklyn, where the ballots were tallied, Christian Smalls, a former Amazon employee who started the union, popped a bottle of champagne before a crowd of supporters and press. “To the first Amazon union in American history,” he cheered.Christian Smalls, a former Amazon worker who led union efforts on Staten Island, popped a bottle of champagne before a crowd of supporters and press on Friday.DeSean McClinton-Holland for The New York TimesAmazon said it was evaluating its options, including potentially filing an objection to “inappropriate and undue influence” by the N.L.R.B. for suing Amazon in federal court last month.In that case, the N.L.R.B. asked a judge to force Amazon to swiftly rectify “flagrant unfair labor practices” it said took place when Amazon fired a worker who became involved with the union. Amazon argued in court that the labor board abandoned “the neutrality of their office” by filing the injunction just before the election.Amazon would need to prove that any claims of undue influence undermined the so-called laboratory conditions necessary for a fair election, said Wilma B. Liebman, the chair of the N.L.R.B. under President Barack Obama.President Biden was “glad to see workers ensure their voices are heard” at the Amazon facility, Jen Psaki, the White House press secretary, told reporters. “He believes firmly that every worker in every state must have a free and fair choice to join a union,” she said.The near-term question facing the labor movement and other progressive groups is the extent to which they will help the upstart Amazon Labor Union withstand potential challenges to the result and negotiate a first contract, such as by providing resources and legal talent.“The company will appeal, drag it out — it’s going to be an ongoing fight,” said Gene Bruskin, a longtime organizer who helped notch one of labor’s last victories on this scale, at a Smithfield meat-processing plant in 2008, and has informally advised the Staten Island workers. “The labor movement has to figure out how to support them.”Sean O’Brien, the new president of the 1.3 million-member International Brotherhood of Teamsters, said in an interview on Thursday that the union was prepared to spend hundreds of millions of dollars unionizing Amazon and to collaborate with a variety of other unions and progressive groups.“We’ve got a lot of partners in labor,” Mr. O’Brien said. “We’ve got community groups. It’s going to be a large coalition.”A culture of fear created by intense productivity monitoring that was documented by The Times at JFK8 has been a key motivator for the unionization drive, which started in earnest almost a year ago. The Amazon facility offered a lifeline to laid-off workers during the pandemic but burned through staff and had such poor communication and technology that workers inadvertently were fired or lost benefits.For some employees, the stress of working at the warehouse during Covid outbreaks was a radicalizing experience that led them to take action. Mr. Smalls, the president of the Amazon Labor Union, said he became alarmed in March 2020 after encountering a co-worker who was clearly ill. He pleaded with management to close the facility for two weeks. The company fired him after he helped lead a walkout over safety conditions in late March that year.Amazon said at the time that it had taken “extreme measures” to keep workers safe, including deep cleaning and social distancing. It said it had fired Mr. Smalls for violating social distancing guidelines and attending the walkout even though he had been placed in a quarantine.After workers at Amazon’s warehouse in Bessemer, Ala., overwhelmingly rejected the retail workers union in its first election last spring, Mr. Smalls and Derrick Palmer, an Amazon employee who is his friend, decided to form a new union, called Amazon Labor Union.While the organizing in Alabama included high-profile tactics, with progressive supporters like Senator Bernie Sanders visiting the area, the organizers at JFK8 benefited from being insiders. For months, they set up shop at the bus stop outside the warehouse, grilling meat at barbecues and at one point even passing out pot. (The retail workers said they were hamstrung by Covid during their initial election in Alabama.)They also filed numerous unfair-labor-practice charges with the N.L.R.B. when they believed Amazon had infringed on their rights. The labor agency found merit in several of the cases, some of which Amazon settled in a nationwide agreement to allow workers more access to organize on-site.At times the Amazon Labor Union stumbled. The labor board determined this fall that the fledgling union, which spent months collecting signatures from workers requesting a vote, had not demonstrated sufficient support to warrant an election. But the organizers kept trying, and by late January they had finally gathered enough signatures.Amazon played up its minimum wage of $15 an hour in advertising and other public relations efforts. The company also waged a full-throated campaign against the union, texting employees and mandating attendance at anti-union meetings. It spent $4.3 million on anti-union consultants nationwide last year, according to annual disclosures filed on Thursday with the Labor Department.In February, Mr. Smalls was arrested at the facility after managers said he was trespassing while delivering food to co-workers and called the police. Two current employees were also arrested during the incident, which appeared to galvanize interest in the union.The difference in outcomes in Bessemer and Staten Island may reflect a difference in receptiveness toward unions in the two states — roughly 6 percent of workers in Alabama are union members, versus 22 percent in New York — as well as the difference between a mail-in election and one conducted in person.But it may also suggest the advantages of organizing through an independent, worker-led union. In Alabama, union officials and professional organizers were still barred from the facility under the settlement with the labor board. But at the Staten Island site, a larger portion of the union leadership and organizers were current employees.“What we were trying to say all along is that having workers on the inside is the most powerful tool,” said Mr. Palmer, who makes $21.50 an hour. “People didn’t believe it, but you can’t beat workers organizing other workers.”The independence of the Amazon Labor Union also appeared to undermine Amazon’s anti-union talking points, which cast the union as an interloping “third party.” On March 25, workers at JFK8 started lining up outside a tent in the parking lot to vote. And over five voting days, they cast their ballots to form what could become the first union at Amazon’s operations in the United States.Another election, brought also by Amazon Labor Union at a neighboring Staten Island facility, is scheduled for late April.Jodi Kantor More