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    Complaint Accuses Mexican Factories of Labor Abuses, Testing New Trade Pact

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    The A.F.L.-C.I.O. and other groups are seeking to make use of a new enforcement mechanism in the updated North American trade deal.WASHINGTON — The A.F.L.-C.I.O. and other groups plan on Monday to file a complaint with the Biden administration over claims of labor violations at a group of auto parts factories in Mexico, a move that will pose an early test of the new North American trade deal and its labor protections. More

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    Why Biden May Not Be Able to Save Unions

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    Labor leaders are effusive in praising the new president, but experts worry that he may be powerless to reverse unions’ long-term decline.Two months into the new administration, labor leaders are proclaiming Joseph R. Biden Jr. to be the most union-friendly president of their lifetime — and “maybe ever,” as Steve Rosenthal, a former political director for the A.F.L.-C.I.O., said in an interview.Mr. Biden has moved quickly to oust government officials whom unions deemed hostile to labor, and to reverse Trump-era rules that weakened worker protections. He has pushed through legislation sending hundreds of billions of dollars to cities and states, aid that public-sector unions consider essential, and tens of billions to shore up union pension plans.Perhaps most notably, the president appeared in a video alluding to a union vote underway at an Amazon warehouse in Alabama, warning that “there should be no intimidation, no coercion, no threats, no anti-union propaganda” — an unusually outspoken move by a president in a standard union election.Yet Mr. Rosenthal and other labor advocates confess to a gnawing anxiety: Despite Mr. Biden’s remarkable support for their movement, unions may not be much better off when he leaves office than when he entered it.That’s because labor law gives employers considerable power to fend off union organizing, which is one reason that union membership has sunk to record lows in recent decades. And Senate Republicans will seek to thwart any legislative attempts — such as the PRO Act, which the House passed this month — to reverse the trend.“The PRO Act is vital,” Mr. Rosenthal said. “But what happens now in terms of Republicans in Congress, the Senate filibuster, is anyone’s guess.”Until recently, it was far from clear that Mr. Biden would govern in such a union-friendly way. Though he has long promoted the benefits of unions and cited close relationships with labor leaders, the president has also maintained ties to corporate figures like Steve Ricchetti, a counselor to the president who was a lobbyist for companies including AT&T and Eli Lilly. Mr. Biden voted over the years for free-trade agreement that unions opposed.Then there is the fact that he served as vice president in an administration that sometimes annoyed unions, as when President Barack Obama weighed in on behalf of a school district in Rhode Island that fired the faculty of an underperforming school. Mr. Biden also captained an Obama administration team that negotiated with Republicans over deficit reduction, an effort that raised hackles within labor.During the 2020 presidential campaign, Mr. Biden’s allies and advisers argued that he had merely acted as a loyal deputy to his boss, and that he would prove more in sync with labor as president.But for many in labor who had doubts, Mr. Biden has exceeded expectations. Shortly after his swearing-in as president, the White House asked for the resignation of the National Labor Relations Board’s general counsel, Peter B. Robb, whose office enforces the labor rights of private-sector employees.Mr. Robb was deeply unpopular with organized labor, which viewed him as overly friendly to management. His term was set to expire in November, and presidents of both parties have allowed general counsels to serve out their time in office.But with no letter of resignation from Mr. Robb forthcoming on Inauguration Day, the White House fired him.“What was really promising and exciting to those of us who care was the firing of Peter Robb and the dramatic way it came down,” said Lisa Canada, the political and legislative director for Michigan’s state carpenters union.Yet it is the Alabama video that most clearly highlights the differences between Mr. Biden and Mr. Obama on labor. When state workers flocked to Madison, Wis., in 2011 protesting Gov. Scott Walker’s plan to roll back their bargaining rights, union leaders pleaded with the White House to send a top administration official in solidarity. The White House declined, though Mr. Obama did say the plan seemed like “an assault on unions.”“We made every imaginable effort to get someone there,” said Larry Cohen, who was then president of the Communications Workers of America and is now chair of the progressive advocacy group Our Revolution. “They would not allow anyone to go.”Protesters at the Wisconsin State Capitol in 2011 opposed a bill curbing union bargaining rights. The Obama administration declined labor leaders’ pleas to send a representative.Darren Hauck/ReutersBy contrast, Mr. Biden seemed eager to offer his statement alluding to the Amazon election, which a number of labor leaders had urged him to deliver.“We haven’t seen this level of elected support for organizing since Franklin Roosevelt,” said Mr. Cohen, who expected the Amazon statement to discourage anti-union behavior among employers.Still, Mr. Cohen and other labor officials said that absent a change in labor law, union membership was likely to follow a path under Mr. Biden that was similar to the one it took under Mr. Obama, when the share of workers in unions dropped about 1.5 percentage points. Over all, union membership has fallen from about one-third of workers in the 1950s to just over one-tenth today, and a mere 6 percent in the private sector.“Because of growing inequality, our economy is on a trajectory to implosion,” said Richard Trumka, the president of the A.F.L.-C.I.O., in an interview. The PRO Act “will increase wages and slow that trajectory,” he added.Under current law, employers can inundate workers with anti-union messages — through mandatory meetings, email, signs in the workplace — while unions often have trouble gaining access to workers. And though it is technically illegal to threaten or fire workers who take part in an organizing campaign, employers face minimal punishment for doing so.Labor board cases can drag on for years, after which an employer frequently must only post a notice promising to abide by labor law in the future, said Wilma B. Liebman, a former board chairwoman. There are no monetary penalties for such violations, though workers can be made whole through back pay.The PRO Act would outlaw mandatory anti-union meetings, enact financial penalties for threatening or firing workers and help wrongly terminated workers win quick reinstatement. It would also give unions leverage by allowing them to engage in secondary boycotts — say, asking customers to boycott restaurants that buy food from a bakery they are trying to unionize.Glenn Spencer, a senior vice president at the U.S. Chamber of Commerce, criticized the bill as “a radical rewrite of labor law” and said the provision on secondary boycotts could be highly disruptive for their targets.“Those companies don’t have anything to do with the nature of the labor dispute, but they’re suddenly wrapped up in it,” Mr. Spencer said.Even with the legal protections envisioned under the PRO Act, however, it will be hard for unions to make large-scale gains in coverage, many experts say. Labor law often effectively requires workers to win union elections one work site at a time, which could mean hundreds of separate elections at Amazon alone.The system is “optimized to build weak labor movements,” said David Rolf, a former vice president of the Service Employees International Union, who favors industrywide unions and bargaining.And the PRO Act’s chances for enactment are remote so long as opponents have recourse to the Senate filibuster, which effectively requires 60 votes to pass legislation.Labor organizers outside an Amazon warehouse in Bessemer, Ala. Mr. Biden appeared in a video alluding to the current union vote there and warning against anti-union efforts.Bob Miller for The New York TimesSenator Jeff Merkley, an Oregon Democrat, appeared before the executive council of the A.F.L.-C.I.O. this month to make the case for exempting certain types of legislation from the filibuster. In a statement after the meeting, the council members called for “swift and necessary changes” to Senate rules to remove the filibuster as an obstacle to progressive legislation.Mr. Biden has since indicated that he is open to weakening the filibuster, though it is not clear whether the PRO Act would benefit. Mr. Trumka said he was confident that Mr. Biden would seize the opportunity that Mr. Obama had let pass when Democrats enjoyed a large Senate majority but still failed to change labor law. “This president understands the power of solving inequalities through collective bargaining,” Mr. Trumka said.But others are skeptical that Mr. Biden, for all his outspokenness on behalf of unions, will be in a position to deliver.“The proof is in the pudding,” said Ruth Milkman, a sociologist of labor at the Graduate Center of the City University of New York. “We know where his heart is. It doesn’t mean anything will change.” More

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    Hundreds of Google Employees Unionize, Culminating Years of Activism

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    #masthead-section-label, #masthead-bar-one { display: none }Artificial IntelligenceThe Bot That WritesAre These People Real?Algorithms Against SuicideRobots Without BiasAdvertisementContinue reading the main storySupported byContinue reading the main storyHundreds of Google Employees Unionize, Culminating Years of ActivismThe creation of the union, a rarity in Silicon Valley, follows years of increasing outspokenness by Google workers. Executives have struggled to handle the change.Chewy Shaw, an engineer at Google, at a video meeting with other members of the union’s leadership council. He said a union would keep pressure on management.Credit…Damien Maloney for The New York TimesJan. 4, 2021, 6:00 a.m. ETOAKLAND, Calif. — More than 225 Google engineers and other workers have formed a union, the group revealed on Monday, capping years of growing activism at one of the world’s largest companies and presenting a rare beachhead for labor organizers in staunchly anti-union Silicon Valley.The union’s creation is highly unusual for the tech industry, which has long resisted efforts to organize its largely white-collar work force. It follows increasing demands by employees at Google for policy overhauls on pay, harassment and ethics, and is likely to escalate tensions with top leadership.The new union, called the Alphabet Workers Union after Google’s parent company, Alphabet, was organized in secret for the better part of a year and elected its leadership last month. The group is affiliated with the Communications Workers of America, a union that represents workers in telecommunications and media in the United States and Canada.But unlike a traditional union, which demands that an employer come to the bargaining table to agree on a contract, the Alphabet Workers Union is a so-called minority union that represents a fraction of the company’s more than 260,000 full-time employees and contractors. Workers said it was primarily an effort to give structure and longevity to activism at Google, rather than to negotiate for a contract.Chewy Shaw, an engineer at Google in the San Francisco Bay Area and the vice chair of the union’s leadership council, said the union was a necessary tool to sustain pressure on management so that workers could force changes on workplace issues.“Our goals go beyond the workplace questions of, ‘Are people getting paid enough?’ Our issues are going much broader,” he said. “It is a time where a union is an answer to these problems.”In response, Kara Silverstein, Google’s director of people operations, said: “We’ve always worked hard to create a supportive and rewarding workplace for our work force. Of course, our employees have protected labor rights that we support. But as we’ve always done, we’ll continue engaging directly with all our employees.”The new union is the clearest sign of how thoroughly employee activism has swept through Silicon Valley over the past few years. While software engineers and other tech workers largely kept quiet in the past on societal and political issues, employees at Amazon, Salesforce, Pinterest and others have become more vocal on matters like diversity, pay discrimination and sexual harassment.“Our goals go beyond the workplace questions of, ‘Are people getting paid enough?’” Mr. Shaw said.Credit…Damien Maloney for The New York TimesTimnit Gebru, an artificial intelligence researcher, said Google fired her after she criticized biases in A.I. systems.Credit…Cody O’Loughlin for The New York TimesNowhere have those voices been louder than at Google. In 2018, more than 20,000 employees staged a walkout to protest how the company handled sexual harassment. Others have opposed business decisions that they deemed unethical, such as developing artificial intelligence for the Defense Department and providing technology to U.S. Customs and Border Protection.Even so, unions have not previously gained traction in Silicon Valley. Many tech workers shunned them, arguing that labor groups were focused on issues like wages — not a top concern in the high-earning industry — and were not equipped to address their concerns about ethics and the role of technology in society. Labor organizers also found it difficult to corral the tech companies’ huge workforces, which are scattered around the globe.Only a few small union drives have succeeded in tech in the past. Workers at the crowdfunding site Kickstarter and at the app development platform Glitch won union campaigns last year, and a small group of contractors at a Google office in Pittsburgh unionized in 2019. Thousands of employees at an Amazon warehouse in Alabama are also set to vote on a union in the coming months.“There are those who would want you to believe that organizing in the tech industry is completely impossible,” Sara Steffens, C.W.A.’s secretary-treasurer, said of the new Google union. “If you don’t have unions in the tech industry, what does that mean for our country? That’s one reason, from C.W.A.’s point of view, that we see this as a priority.”Veena Dubal, a law professor at the University of California, Hastings College of the Law, said the Google union was a “powerful experiment” because it brought unionization into a major tech company and skirted barriers that have prevented such organizing.“If it grows — which Google will do everything they can to prevent — it could have huge impacts not just for the workers, but for the broader issues that we are all thinking about in terms of tech power in society,” she said.The union is likely to ratchet up tensions between Google engineers, who work on autonomous cars, artificial intelligence and internet search, and the company’s management. Sundar Pichai, Google’s chief executive, and other executives have tried to come to grips with an increasingly activist work force — but have made missteps.Last month, federal officials said Google had wrongly fired two employees who protested its work with immigration authorities in 2019. Timnit Gebru, a Black woman who is a respected artificial intelligence researcher, also said last month that Google fired her after she criticized the company’s approach to minority hiring and the biases built into A.I. systems. Her departure set off a storm of criticism about Google’s treatment of minority employees.“These companies find it a bone in their throat to even have a small group of people who say, ‘We work at Google and have another point of view,’” said Nelson Lichtenstein, the director of the Center for the Study of Work, Labor and Democracy at the University of California, Santa Barbara. “Google might well succeed in decimating any organization that comes to the floor.”The Alphabet Workers Union, which represents employees in Silicon Valley and cities like Cambridge, Mass., and Seattle, gives protection and resources to workers who join. Those who opt to become members will contribute 1 percent of their total compensation to the union to fund its efforts.Over the past year, the C.W.A. has pushed to unionize white-collar tech workers. (The NewsGuild, a union that represents New York Times employees, is part of C.W.A.) The drive focused initially on employees at video game companies, who often work grueling hours and face layoffs.In late 2019, C.W.A. organizers began meeting with Google employees to discuss a union drive, workers who attended the meetings said. Some employees were receptive and signed cards to officially join the union last summer. In December, the Alphabet Workers Union held elections to select a seven-person executive council.But several Google employees who had previously organized petitions and protests at the company objected to the C.W.A.’s overtures. They said they declined to join because they worried that the effort had sidelined experienced organizers and played down the risks of organizing as it recruited members.Google employees staged a walkout in 2018 to protest how the company handled sexual harassment.Credit…Bebeto Matthews/Associated PressAmr Gaber, a Google software engineer who helped organize the 2018 walkout, said that C.W.A. officials were dismissive of other labor groups that had supported Google workers during a December 2019 phone call with him and others.“They are more concerned about claiming turf than the needs of the workers who were on the phone call,” Mr. Gaber said. “As a long-term labor organizer and brown man, that’s not the type of union I want to build.”The C.W.A. said it was selected by Google workers to help organize the union and had not elbowed their way in. “It’s really the workers who chose,” Ms. Steffens of C.W.A. said.Traditional unions typically enroll a majority of a work force and petition a state or federal labor board like the National Labor Relations Board to hold an election. If they win the vote, they can bargain with their employer on a contract. A minority union allows employees to organize without first winning a formal vote before the N.L.R.B.The C.W.A. has used this model to organize groups in states where it said labor laws are unfavorable, like the Texas State Employees Union and the United Campus Workers in Tennessee.The structure also gives the union the latitude to include Google contractors, who outnumber full-time workers and who would be excluded from a traditional union. Some Google employees have considered establishing a minority or solidarity union for several years, and ride-hailing drivers have formed similar groups.Although they will not be able to negotiate a contract, the Alphabet Workers Union can use other tactics to pressure Google into changing its policies, labor experts said. Minority unions often turn to public pressure campaigns and lobby legislative or regulatory bodies to influence employers.“We’re going to use every tool that we can to use our collective action to protect people who we think are being discriminated against or retaliated against,” Mr. Shaw said.Members cited the recent N.L.R.B. finding on the firing of two employees and the exit of Ms. Gebru, the prominent researcher, as reasons to broaden its membership and publicly step up its efforts.“Google is making it all the more clear why we need this now,” said Auni Ahsan, a software engineer at Google and an at-large member of the union’s executive council. “Sometimes the boss is the best organizer.”AdvertisementContinue reading the main story More

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    Panel Finds ‘Serious Concerns’ With Mexican Labor Reforms

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    AdvertisementContinue reading the main storySupported byContinue reading the main storyPanel Finds ‘Serious Concerns’ With Mexican Labor ReformsA new report examining Mexican labor reforms required under the United States-Mexico-Canada Agreement highlights one of the biggest trade challenges for the incoming Biden administration.Susana Prieto Terrazas, center, in coveralls, is among the labor activists who have faced arrest for challenging the Mexican labor system.Credit…Jose Luis Gonzalez/ReutersDec. 15, 2020Updated 2:23 p.m. ETLeer en españolWASHINGTON — Mexico has made progress in putting in place the sweeping overhauls to its labor system required by the new trade agreement between the United States, Mexico and Canada, but serious challenges still remain, according to a new report by an independent board set up to evaluate those changes.The report, the first to be issued by the Independent Mexico Labor Expert Board, highlights one of the foremost trade challenges for the incoming Biden administration: ensuring that the goals of the United States-Mexico-Canada Agreement, which went into effect this year, are realized.The trade pact, which replaced the quarter-century-old North American Free Trade Agreement, sought to improve labor conditions and pay for Mexican workers, as way to prevent companies from undercutting American and Canadian workers by moving their factories to Mexico. Among other changes, the agreement called for sweeping overhauls to Mexico’s laws and institutions to make its unions more democratic, and set up independent bodies like labor courts to enforce those changes.Ben Davis, the director of international affairs at the United Steelworkers and the chairman of the independent board, said it “remains to be seen if Mexico’s labor reforms will allow its workers to escape the poverty wages that have done so much damage to them, and — through unfair competition — to workers in the U.S.”Michael Wessel, a labor adviser to the United States trade representative who helped to create the board, said the Biden administration’s efforts would be crucial in determining whether U.S.M.C.A. was ultimately deemed a success.“The incoming Biden administration must devote considerable time and energy to making U.S.M.C.A. work,” he said. “Support for new trade agreements will depend, in part, on how successful the changes in the U.S.C.M.A. are in advancing the rights of workers and achieving identifiable and significant change.”The changes are an attempt to address what politicians on both the right and left see as one of NAFTA’s main failings: its role in encouraging factory owners to move their operations to Mexico.When NAFTA was introduced in the 1990s, economists and politicians argued that it would be a powerful force for raising wages for workers in Mexico, putting the Mexican economy on a more even and secure footing with the rest of North America. But since the agreement went into effect in 1994, Mexico’s less-skilled workers have experienced limited wage gains.Progressive Democrats in the United States contend that this lackluster performance stemmed in part from a deep corruption of the Mexican labor system. In particular, they have blamed “protection contracts,” or fake collective bargaining agreements made by unions that are company controlled, without the input of workers. These agreements lock in low wages and poor working conditions, and could make up as many as three-quarters of collective bargaining agreements in Mexico, according to the report.Workers and activists who challenge this system can face harassment, arrest and violence, the report says. American labor advocates have recently pointed to the case of Susana Prieto Terrazas, a Mexican labor activist who was arrested on charges of trying to organize workers in the state of Tamaulipas in June, shortly before the new trade pact took effect.As part of a labor law passed last year, Mexico is setting up independent labor courts and monitors, and trying to recertify hundreds of thousands of collective bargaining agreements between companies and their employees by secret votes before May 1, 2023, among other provisions.In its first report, the board commended the Mexican government for continuing its efforts to expand labor rights despite the scale of the undertaking and the complications of the coronavirus pandemic. However, it identified “a number of serious concerns” with the enforcement of Mexico’s new labor law that it said must be promptly addressed.It said that most unionized workers were not yet able to democratically elect their leaders; that the old system of protection contracts remains intact; and that workers who have tried to challenge these conditions have been fired, jailed or killed.The report adds that the pace of approval of new collective bargaining agreements is far behind where it should be, and that the process of setting up independent courts and monitors has been hampered by missed deadlines and a lack of resources. It also calls for more funding to help Mexicans set up independent unions and to build the capacity of Mexican labor inspectors to enforce the new labor rules.“Many of the changes promised to improve the lives of workers, in terms of union democracy, freedom of association and collective bargaining, remain to be implemented,” the report concludes.AdvertisementContinue reading the main story More