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    Reno Is Booming. Some Workers Feel Left Behind.

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    Companies are flocking to the Nevada city, but the rising cost of housing, gas and groceries is making daily life a struggle for many who work there.As an employee at a UPS warehouse outside Reno, Nev., Christina Pixton spends her nights moving thousands of heavy packages on their way to far-flung locales like San Francisco, Phoenix and Chicago.But the warehouse is not air-conditioned, and one night last month, there was no relief outside, either, with smoke from a California wildfire more than 100 miles away causing hazardous air quality. For Ms. Pixton, who has asthma, the irritation to her lungs was the latest challenge she had to learn to navigate in Reno.These are boom times in and around Reno. Warehousing and casinos have long been the city’s main businesses, and the surge in e-commerce since the start of the pandemic has companies snapping up facilities as fast as they can be built.Yet Reno and the surrounding area have also seen the cost of things like housing, gas and groceries rise, making daily existence in this growing metropolis increasingly difficult for many of the people who live here, like Ms. Pixton.Christina Pixton, a UPS worker, and her husband make six figures combined, but struggle with the daily costs of living. While gas prices have fallen to an average of $3.91 a gallon across the United States and $5.34 in Nevada, the average in Reno is $5.75, according to data from AAA. It costs Ms. Pixton $70 to $80 a week to fill up her Toyota Highlander, she said.In the past five years, home prices in the area have risen 70 percent, according to Zillow. That’s good news for homeowners like Ms. Pixton. The typical home in Reno is worth $568,103, up 10.2 percent over the past year. But average rent for a one-bedroom apartment in Reno has increased 10 percent compared with last year and 40 percent from three years ago, according to data from Zumper, which tracks housing data.And while homes and planned communities are being developed where farmland once was, affordable housing has become a much-discussed issue among residents and policymakers. Reno’s City Council approved additional affordable housing projects in March. In neighboring Sparks, Mayor Ed Lawson has pushed for denser development — building up and not just out — and more development on federal lands.Housing developments are popping up all over Reno and the surrounding area.Other changes are affecting the way of life in Reno. By the time Ms. Pixton, 37, wants to go shopping after her shift ends around 11 p.m., stores that were once open are now closed after scaling back their hours during the pandemic. When she does make it to Walmart or Target, she often finds scant offerings on the shelves because of continuing supply chain issues and the fact that the Walmart, one of the few locations for miles, draws people from neighboring cities.In a city whose economy is partly driven by getting goods to people across the country expeditiously, Ms. Pixton is left scrambling to find Uncrustables frozen sandwiches for her two sons and the right brand of dog food for the family’s Labrador retriever.“This isn’t a sustainable pattern,” said Ms. Pixton, whose husband works as a foreman at an HVAC company. “We make six figures, and we’re still stuck in this struggling pattern.”In May 2021, Ms. Pixton received a raise to $19 an hour, up from $16. It was a market-rate adjustment that UPS put in place across the country to stay competitive when hiring and retaining workers.But in January, it went back down to $16. As a union steward, Ms. Pixton found herself telling other workers the bad news. Fifteen people quit that week, she said.“It’s been quite hellish,” Ms. Pixton said. “It was not a completely livable salary, but it was something where we could struggle and not have to get a second job.”A spokesman for UPS said that, starting on Oct. 2, another market-rate adjustment brought hourly pay for part-time workers back to $19 an hour.The area offers plenty of affordable land for warehouses, along with access to an interstate and an international airport.In recent years, e-commerce companies have flooded the market. The Reno-Sparks area, with a population of about half a million, ticks a lot of boxes for companies seeking to expand back-end operations. There’s no state income tax, cheap land is available, there’s access to a main interstate and an international airport, and it’s close to California, whose huge economy and millions of people are significant draws for consumer companies looking to easily connect with their customers.In 2014, when Elon Musk came to Nevada to celebrate the opening of Tesla’s giant Gigafactory warehouse, meant to build batteries for his company’s electric vehicles, he encouraged other executives to follow.“What the people of Nevada have created is a state where you can be very agile, where you can do things quickly and get things done,” Mr. Musk said at the time, standing among the state’s legislators.And follow they did. Chewy, Amazon, Thrive Market and Apple have opened or expanded warehouses in the area over the past decade. Third-party logistics companies like OnTrac and Stord have also propped up new facilities in town.Reno’s highways and back roads are dotted with “Now Hiring” billboards.Reno has just a 0.5 percent vacancy rate for warehouses, according to data from the real estate service firm CBRE. About 8.8 million square feet is under construction in the Reno-Sparks area, according to CBRE, and about 80 percent of it is already leased.“We were a good market on a great trajectory averaging four million square feet, probably going to five,” said Eric Bennett, senior vice president of CBRE, which helps lease space to companies. “The pandemic obviously increased the absorption.”Some of these companies have set up their own distribution channels to get their products where they need to go. Others use UPS. All of them need hundreds of people to complete the strenuous work of moving their goods through the facilities and getting them to consumers.“Now Hiring” billboards dot Reno’s interstate and back roads. A chocolate factory was willing to pay as much as $25 an hour. A sign outside a Petco warehouse says a starting salary could be as high as $22 an hour. Hidden Valley Ranch’s plant says its starting hourly wage is $21, with other benefits including a 401(k), paid time off, and health care with dental and vision. Many retailers like Walmart are also trying to attract seasonal workers.Those opportunities are siphoning off potential UPS workers and creating more manual labor for those who remain, said Ross Kinson, a business agent for the local Teamsters.Ross Kinson, a business agent for the local Teamsters, said the increased competition for workers had left some UPS shifts short staffed.Workers like Ms. Pixton.Like many in Reno, she is a California transplant. She moved from Chico with her now-husband, John, in 2008, when Reno was reeling from the housing crisis. Casinos filed for bankruptcy. New construction ground to a halt. She worked in the medical and fast food industries before turning to warehouses.She started at UPS in 2018, attracted by the health care benefits and pension package, and initially made about $13 an hour. She works part time, usually 28 to 32 hours per week. Even though other companies have offered higher wages, she has stayed at UPS because the health benefits cover her children and her pension will vest in about a year.Ms. Pixton has stayed with UPS because of the health care benefits that cover her sons.When the pandemic hit, she felt the impact of millions of stuck-at-home shoppers buying all kinds of merchandise. Before Covid, about 70,000 packages would flow through her hub on a normal summer evening. During the pandemic summer of 2020, that number rose as high as 240,000, though it’s now around 115,000 to 140,000 packages a night.“We’re handling the most amount of packages of any shift because we are getting all of the inbound local businesses. We’re getting the transfers from Sacramento and Oakland and Salt Lake City,” she said. “We’ll get all inbound stuff from other states and have our outbound stuff as well.”Six people are considered a skeleton crew in her department, but Ms. Pixton said that often only three or four were working.As the holiday season approaches, UPS says it plans to hire about 100,000 workers, and is speeding up the process by eliminating interviews and allowing candidates to apply online. At the hub where Ms. Pixton works, UPS is looking to add 400 workers.UPS plans to add seasonal workers for the holidays and has been advertising on online job boards.The current contract that UPS has with the Teamsters went into place in 2018 and expires in 2023. Mr. Kinson said the union would push to formalize language regarding the market-rate wage adjustment for part-time workers for the next contract.“We’d negotiate on good faith,” a UPS spokesman, Glenn Zaccara, said. “The wages they are receiving is industry-leading.”Reno is known for its casinos, but warehouses have long been an economic engine as well.But in a city like Reno that has seen rapid growth, workers argue that the terms of the contract haven’t kept up with reality.“In this area it’s got to be $19 an hour,” Mr. Kinson said. “It has to be or it won’t work.”Loni Goddard works at Kerala Ayurveda, a wellness company, and rents an apartment in Reno. In 2020, her one-bedroom apartment cost $950 with internet and cable. When she re-signed her lease in April, the rent rose to $1,490 — not including internet and cable.“During the pandemic, everyone was getting temporary raises in Reno,” Ms. Goddard said. “At the beginning of 2022, most or all of the raises disappeared and so did the people.”At her UPS job, Ms. Pixton is bracing for the holiday rush. But, she noted, every day has essentially become peak season, considering how much work there is and how few people there are to do it. And while she wishes that more people would join UPS to alleviate some of her workload, she understands why some look elsewhere for employment.“If you’re making less than what you’re paying in gas,” she said, “what’s the point of going?” More

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    Amazon Labor Union, With Renewed Momentum, Faces Next Test

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    The Amazon Labor Union has built momentum leading up to an election this week at an 800-person warehouse near Albany, N.Y.A federal labor official recently endorsed the union’s election victory at a Staten Island warehouse in April, which Amazon has challenged, while workers’ frustrations over pay and safety have created an opportunity to add supporters and pressure the company to bargain.But the union faces questions about whether it can translate such opportunities into lasting gains. For months after its victory at the 8,000-person warehouse on Staten Island, the union appeared to be out of its depths. It nearly buckled under a crush of international media attention and lost a vote at a second Staten Island warehouse in May.At times, it has neglected organizing inside the original warehouse, known as JFK8, where high turnover means the union must do constant outreach just to maintain support — to say nothing of expanding. Christian Smalls, the union’s president and a former JFK8 employee, seemed distracted as he traveled widely. There was burnout and infighting in the group, and several core members left or were pushed out.“It wasn’t clear what goal we should be working towards,” said Cassio Mendoza, a JFK8 worker and the union’s communications director, alluding to the sometimes competing priorities of pushing for a contract and organizing more warehouses.The election near Albany, to be spread out over four days between Wednesday and Monday in Castleton-on-Hudson, could help determine whether the earlier problems were natural growing pains or a sign of deeper dysfunction.Amazon employees at the barbecue signed a petition calling on the company to negotiate with the union. DeSean McClinton–Holland for The New York TimesAmazon has cast doubt on the Amazon Labor Union’s experience and says it doesn’t believe that the union represents workers’ views. The company said it was investing $1 billion over the next year to permanently raise hourly pay.Among the union’s biggest diversions in recent months was countering Amazon’s attempt to overturn its victory, which consumed time and resources, as supporters and leaders testified in hearings that dragged across 24 business days beginning in mid-June. The union delayed plans to train more workers as organizers. A national organizing call was put on hold.Just before Labor Day, the National Labor Relations Board official running the hearings recommended rejecting Amazon’s challenge and certifying the union. A regional official must still weigh in.More on Big TechInside Meta’s Struggles: After a rocky year, employees at Meta are expressing skepticism, confusion and frustration over Mark Zuckerberg’s vision for the metaverse.A Deal for Twitter?: In a surprise move, Elon Musk has offered to acquire Twitter at his original price of $44 billion, which could bring to an end the acrimonious legal fight between the billionaire and the company.Hiring Freezes: Amazon is halting corporate hiring in its retail business for the rest of the year, joining Meta as the latest tech companies to pull back amid the economic uncertainty.TikTok Nears Deal with U.S.: The Biden administration and the Chinese-owned video app have drafted a preliminary agreement to resolve national security concerns over the platform, but hurdles remain over the terms.The finding appeared to bolster the union within the Staten Island warehouse, though management responded by sending workers a message saying the company intended to appeal. “We believe a direct relationship with you is best,” the message said.Around the same time, the union began to refocus. It opened an office on Staten Island in late August, hired two full-time staff members and set up a database tracking worker support. “I feel we are in a better place than we have ever been,” Mr. Mendoza said.The union brought in prominent labor organizers to lead regular in-person training on how to push for a contract. It finally held two calls in an effort to recruit and train leaders for organizing drives nationwide.“Your building could be next, and that is why we are having this call,” Madeline Wesley, an Amazon employee who is a lead Amazon Labor Union organizer for the second Staten Island warehouse, said on one call. Workers who indicated they were from facilities in Kentucky, New Jersey, Ohio and Washington took part.The union, which says it has set aside about one-fifth of its more than half-million-dollar budget for expansion, is already backing other organizing campaigns, including the one in Castleton-on-Hudson and another at a warehouse east of Los Angeles. Nannette Plascencia, a self-described “soccer mom” who is the California facility’s lead organizer, met Mr. Smalls at a party in Hollywood and decided that the Amazon Labor Union “understood where we were coming from,” she recalled in an interview.On Tuesday, the union submitted a petition for an election to represent workers at Ms. Plascencia’s warehouse, according to the N.L.R.B. Officials have yet to verify whether the union demonstrated enough support to warrant an election.“Check out the Amazon 25-cent raise — we’re not falling for that,” Christian Smalls, the union’s president, said at the barbecue.DeSean McClinton–Holland for The New York TimesIn late September, Amazon told workers that it was increasing hourly wages to reflect local market conditions, pledging to raise them by more than $1 in many warehouses. But at JFK8, where pay started at $18.25 an hour, the raise was between 25 cents and 75 cents an hour, depending on level and tenure.“It’s not enough to buy groceries,” said Celia Camasca, an employee of the warehouse there. “It would be better if they would have said nothing.”The union emphasized the slim raise at a barbecue outside the warehouse that had been coincidentally planned for an afternoon shortly after workers learned about it. “Check out the Amazon 25-cent raise — we’re not falling for that,” said Mr. Smalls, the union’s president and the event’s M.C.Union officials circulated a petition demanding that Amazon come to the bargaining table and that it give workers on Staten Island an immediate cost-of-living wage increase. Brandon Wagner, a packer who said that he had worked at the warehouse for about a month and that he previously made $17 an hour at a Wendy’s, signed the petition while waiting in line for food because, he said, workers are underpaid.Paul Flaningan, an Amazon spokesman, said that the national average pay for most frontline jobs was more than $19 an hour and that the company offered “comprehensive benefits” for full-time employees, including health insurance from Day 1, paid parental leave and 401(k) matching.The union still faces numerous obstacles. Amazon could spend years appealing the election result on Staten Island, and the company still has enormous power over JFK8 workers. After workers protested Amazon’s response to a fire at the site last week, the company suspended more than 60 of them with pay while, it said, it investigated what had occurred. The union filed unfair-labor-practice charges over the suspensions; Amazon said most of the workers had returned to work.The voting near Albany presents the union with its most visible immediate test.In interviews outside the warehouse, which handles oversize items like lawn mowers and televisions, many workers cited safety concerns and said pay was too low given the difficulty of the work. New workers made a base wage of $15.70 an hour before an increase of $1.30 this month.Heather Goodall is a leader of the union effort at Amazon’s warehouse in Castleton-on-Hudson, N.Y.DeSean McClinton–Holland for The New York TimesSome also complained that Amazon was too quick to discipline workers for minor infractions.David Bornt, who scans in merchandise before placing it in bins, said a misunderstanding over a quota had recently led to his being written up. He argued that a union could ease such stresses.“It’s someone to have your back,” Mr. Bornt said. “I have four kids, one on the way. I can’t be worried about losing my job at any minute.”Other employees said they opposed the union because they were satisfied with their pay and benefits and didn’t see how a union could improve the situation.“There’s just no need for it,” said Anthony Hough, one of those workers. “We just got a raise.”According to government data, Albany is one of the most unionized metropolitan areas in the country, and many employees expressed positive views about unions. But some said past experience at unionized workplaces made them less eager to join another one. Some also said they distrusted the Amazon Labor Union in particular.“The A.L.U. is new,” said Jacob Carpenter, another employee. “They’re not giving us any information.”The election outcome is likely to shape perceptions of the union. Heather Goodall, the lead organizer at the warehouse, is a member of the Amazon Labor Union’s board, and leaders of the union like Connor Spence, its treasurer, have visited the Albany area regularly. Mr. Smalls has traveled there as well.Ms. Goodall said she was concerned about safety at the warehouse. An Amazon spokesman said the company had a better overall safety record than other retailers. DeSean McClinton–Holland for The New York TimesMs. Goodall said she joined Amazon in February to help unionize the warehouse because she was concerned about unusually high injury rates, among other safety issues. The facility was evacuated after a cardboard compactor caught fire last week, two days after the JFK8 fire, which was similar.“The timeline to fix things is before something tragic happens,” Ms. Goodall said.She accused Amazon of running an aggressive anti-union campaign, including regular meetings with employees in which it questions the union’s credibility and suggests that workers could end up worse off if they unionize.Mr. Flaningan, the company spokesman, said that while injuries increased as Amazon trained hundreds of thousands of new workers in 2021, the company believed that its safety record surpassed that of other retailers over a broader period.“Like many other companies, we hold these meetings because it’s important that everyone understands the facts about joining a union and the election process itself,” he said, adding that the decision to unionize is up to employees. More

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    Regulators Accuse Amazon of Singling Out Union Organizers for Discipline

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    National Labor Relations Board officials said the company had applied its workplace rules unfairly, and asked it to change or scrap the regulations.Federal labor regulators have moved to force Amazon to scrap a rule that governs employees’ use of nonwork areas, accusing the company of illegally singling out union supporters in enforcing the policy.A complaint issued on Tuesday by the National Labor Relations Board’s Brooklyn office said Amazon “selectively and disparately enforced the rule,” which applied to distributing materials and to solicitation activities, “by discriminatorily applying it against employees who engaged in union activity.”The complaint amounted to a finding of merit in a charge brought by the Amazon Labor Union, which mounted organizing efforts — one successful, one not — at two warehouses on Staten Island this year. The case will be litigated before an administrative law judge unless it is settled beforehand, and Amazon could appeal an adverse ruling to the national labor board in Washington.The complaint said the company applied the solicitation policy unlawfully when it prohibited workers from posting a pro-union sign in a nonwork area at one of the Staten Island warehouses, known as LDJ5. The company threatened discipline if the workers posted the sign or did not remove the sign, according to the complaint, which also said at least one worker was disciplined under the solicitation policy.The complaint also accuses the company of disciplining two workers to discourage them from engaging in union activity.After winning a vote to represent roughly 8,000 workers at another Staten Island warehouse, JFK8, the union lost an election at LDJ5 by a wide margin in May.Under Amazon’s stated policy, employees are prohibited from soliciting co-workers for, say, financial contributions on company grounds during work time, or from distributing nonwork-related material in work areas. The policy also prevents nonemployees from conducting any kind of solicitation on company grounds.The labor board’s complaint said Amazon could reinstate the policy only if it explicitly stated that the policy did not apply to organizing and related activity by workers, known as protected concerted activity. The complaint also seeks to require that all supervisors, managers, security personnel and outside consultants hired by Amazon receive training on workers’ federally-protected labor rights. It could affect most of the company’s roughly one million employees nationwide.(The complaint is not clear on whether the training would be nationwide or only in the New York region, and a spokeswoman for the labor board was not immediately able to clarify.)“Amazon is committing flagrant human rights violations by unlawfully disciplining A.L.U. supporters and prohibiting union organizing in the company’s break rooms,” said Connor Spence, the union’s treasurer, in a statement. “Union organizing in employer break rooms is a protected right mandated by the National Labor Relations Board.” Paul Flaningan, an Amazon spokesman, said in a statement, “These allegations are completely without merit, and we look forward to showing that through the process.”The complaint comes at an important moment for the Amazon Labor Union. This month, a hearing officer for the labor board recommended rejecting Amazon’s formal challenge to the union’s JFK8 victory. (Amazon has said it will probably appeal a ruling on this question.) But defending the victory consumed time that the union had hoped to spend on pushing for a contract at the warehouse.In October, the labor board will hold an election involving the union and roughly 400 workers at an Amazon warehouse in Albany, N.Y.Karen Weise More

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    Railroad Workers Point to Punishing Schedules as Cause of Strike

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    Employees say the inflexibility of scheduling upended their personal lives. The companies say they maintained service while using fewer resources.To defuse a labor dispute that brought the nation to the brink of a potentially catastrophic railroad strike, negotiators had to resolve a key issue: schedules that workers say were punishing, upending their personal lives and driving colleagues from the industry.Workers, industry analysts and customers say the practices emanate from a business model that focuses relentlessly on holding down expenses, including labor costs. They say this leaves rail networks with little capacity to work around a disruption, whether it be a personal issue for an employee or a natural disaster like a hurricane — or, for that matter, a pandemic.Negotiations in which the Biden administration took an active role produced a tentative contract deal announced early Thursday. The agreement included a significant pay increase for the workers, whose base wages typically start around $50,000 and top out around $100,000, excluding overtime and benefits. But scheduling was the sticking point.Unions complained that to manage a shortfall of employees, the carriers effectively forced their members to remain on call for days and sometimes weeks at a time, partly through the use of strict attendance policies that could lead to disciplinary action or even firing. They said the policies pushed workers to the limits of their physical and mental health.“Every facet of your life is dictated by this job,” said Gabe Christenson, who until this year worked as a conductor for a large freight rail carrier. “There’s no way to get away from it.” Carriers said employees could take time off through paid vacation, income replacement for sick workers or removal of themselves from the list of available workers.“Railroads provide multiple ways for employees to take time to care for themselves and their families,” the Association of American Railroads, an industry group, said in a statement earlier this week.By Sunday, leaders of 10 of the 12 unions in the talks had agreed to contract terms. But two unions representing conductors and engineers — about half the 115,000 freight rail workers involved in the dispute — held out for a concession on scheduling, like the ability to see a doctor or attend to a personal matter without risking disciplinary action.President Biden in the Oval Office on Thursday with representatives of the railroads and the unions as well as Labor Department officials.Doug Mills/The New York Times“It would not harm their operations to treat employees like humans and let them take care of medical issues,” Dennis Pierce, president of the Brotherhood of Locomotive Engineers and Trainmen, one of the two unions, said in an interview on Monday. “It’s the primary outstanding issue, one we won’t budge on — the request that they stop firing people who get sick.”After the tentative deal was announced, the two unions said it included “contract language exempting time off for certain medical events from carrier attendance policies.” The agreement will require ratification by union members, a process that could take a few weeks.In some respects, the freight rail industry is similar to other swaths of the economy, such as retail and food service, where employers have imposed increasingly lean staffing in recent decades.Rick Paterson, a longtime industry analyst with the investment bank Loop Capital, said the staffing trend for railroads became more pronounced in the early 2000s when, after years of consolidation, carriers and their investors began to recognize that they had pricing power.As a result, the dominant business model in the industry shifted from one in which the carriers sought larger volumes of traffic to one in which they sought to increase profits by raising prices and lowering expenses like labor costs.“They realized that if growing pricing is good for margins, then keeping costs low is even better,” said Mr. Paterson, who has referred to this thinking as “the cult of the operating ratio,” after the ratio of operating expenses to revenue.A freight train yard near the Port of Los Angeles on Thursday. A strike by freight rail workers would have been economically damaging.Alex Welsh for The New York TimesThe side effect, however, was to gradually eliminate any cushion in staffing levels.Unlike many workers, the conductors and engineers who operate trains don’t get weekends or other consistent days off.Instead, said Mr. Pierce, the president of the locomotive engineers union, workers go to the bottom of a list of available crews when they return home from a trip that can last days. The fewer the workers, the shorter the list, and the less time it takes for them to be summoned into action again.“It can go on indefinitely, till they interrupt the cycle by taking paid time off, which the companies routinely reject,” Mr. Pierce said.Major U.S. freight rail carriers began to accelerate the staffing cuts in recent years as they switched to a system known as precision scheduled railroading, or P.S.R., which focuses on scaling back excess equipment and employees and streamlining the shipping process. The industry has said P.S.R. enables carriers to run more efficiently and provide more reliable service, while also improving profits. Freight rail customers and employees say it has resulted in deteriorating working conditions and customer service and little resilience in dealing with unforeseen circumstances, like weather emergencies. The Surface Transportation Board, a federal regulatory agency, estimates that the carriers have 30 percent fewer employees today than six years ago.Reducing labor to match this operating model may have been sound in principle, said Mr. Paterson, the industry analyst. But he said the carriers appeared to have cut back too much to allow them to handle potential disruptions, of which the pandemic was an epic example.“When you do P.S.R., you can drop your head count by 30 percent, but why don’t you drop it 28 percent and build in a crew reserve?” he asked. “That didn’t happen.”With little margin for error, carriers found themselves with too few workers to operate their rail networks once business began to recover in the second half of 2020, putting more and more stress on their workers, and making it even harder for them to take time off.Freight rail workers on train tracks in Atlanta on Thursday.Dustin Chambers for The New York TimesWhen Mr. Christenson, the longtime conductor, who is also a co-chair of the industrywide group Railroad Workers United, began feeling run-down last year, he was reluctant to see a doctor. Under his company’s attendance policy, taking an unplanned day off could lead to disciplinary action, and “I worried about triggering an investigation,” he said.So he waited until he could get an appointment on a scheduled day off a few months later, at which point he got bad news: He had an infection that might have been easily resolved with medication but now required surgery.“They had to cut infected tissue out in my leg,” Mr. Christenson said.Railroad workers and their families, many of whom asked to remain anonymous for fear of reprisals, said similar attendance policies, which are partly intended to manage the industry’s labor shortfall, had resulted in workers’ missing important life events.This year, for example, BNSF Railway introduced a new point system for some employees, according to a February memo obtained by The New York Times. Under the policy, workers were awarded 30 points to start with and would lose points — from two to 10 — for scheduling a day off for a variety of reasons, including a family emergency, sickness or fatigue. They lose even more points for being unavailable at the last minute.When workers run out of points, they face escalating penalties, starting with a 10-day suspension, followed by a 20-day suspension and ending with possible firing. Workers can earn back points by being available for two weeks straight. BNSF said on Thursday that the policy was “designed to improve the consistency of crews being available for their shifts” and to give employees more “predictability and transparency” regarding their schedules. It said that the program was achieving those goals but that revisions had been made to give employees more flexibility. One railroad worker said the fast turnaround time between shifts had forced him to skip doctor’s appointments to address his symptoms of long Covid. Railroad workers’ family members said they rarely celebrated birthdays or holidays together even before the pandemic.Workers say that while they have paid vacation and days allotted for personal leave, the constraints that employers impose — like requiring vacation to be taken in limited windows that are far oversubscribed, or simply rejecting a proposed personal day — severely limit their options as a practical matter.Shippers have grown frustrated, too.Rail cars full of grain sat at production facilities in the Midwest for weeks at a time earlier this year, far longer than typical, said Max Fisher, the chief economist and treasurer for the National Grain and Feed Association.Chemical manufacturers, which rely on freight rail to move their products, have grown increasingly frustrated with the carriers since December, according to three surveys by the American Chemistry Council, an industry association. The latest, conducted in July, found that 46 percent of the companies felt that rail service was getting worse, while only 7 percent said it was improving.“Freight rail has been a constant thorn in our side and been a significant challenge for our members for quite some time,” said Chris Jahn, the organization’s chief executive.While the labor agreement announced on Thursday may avert a strike, it is unlikely to resolve the deeper issues that have put unions and rail carriers on a collision course. Even if carriers wanted to turn back the clock on efforts to increase efficiency, they would have shareholders to answer to.After Bill Ackman, the activist investor, won a proxy battle over the freight carrier Canadian Pacific a decade ago, the company hired Hunter Harrison, who pioneered P.S.R., as its chief executive. Mr. Harrison imposed the system there and then at CSX after joining that company in 2017, prompting investors to pressure other carriers to follow suit to eke out similar efficiencies.“Lurking in the background is the constant threat of shareholder activism if any of the railroads’ operating ratios become outliers on the high side,” Mr. Paterson said in testimony to the Surface Transportation Board this spring. More

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    Biden Maneuvers to Try to Avoid Devastating Rail Strike

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    The Biden administration is considering executive action to try to avoid a shutdown of the nation’s rail network that would harm the economy ahead of the midterm elections.WASHINGTON — President Biden, desperate to avert a damaging freight rail strike that could exacerbate rapid inflation, is pushing rail companies and unions to reach an agreement ahead of a Friday deadline, while exploring whether he can do anything unilaterally to assuage workers’ concerns.Mr. Biden and his economic team have been inserting themselves into final-hour negotiations between rail unions and large rail companies, which are at loggerheads over scheduling and sick time. Labor groups have insisted that employees be able to take unpaid time off for physician appointments, a request railroad companies have been unwilling to grant.On Wednesday, in anticipation of a strike, Amtrak said it would cancel all long-distance passenger trains beginning on Thursday in order to avoid possibly stranding people given that many of its trains run on tracks operated and maintained by freight carriers.Also on Wednesday, members of a small rail union, whose leaders had reached a tentative deal with freight companies, voted down the agreement, signaling more difficulty in negotiations to come. And Mr. Biden’s labor secretary gathered union and company leaders in Washington to try to resolve the impasse, with little progress.The looming strike has plunged Mr. Biden into a difficult position at a critical moment, with midterm elections that will determine whether Democrats retain control of Congress rapidly approaching and rampant inflation chipping away at the president’s support. Mr. Biden, a longtime champion of labor leaders and union employees, is caught between his long-running push to reduce the pandemic-era supply chain snarls that have helped fuel inflation and his efforts to continue to win the enthusiastic support of labor unions.As a result, Mr. Biden is attempting to walk a careful line, taking pains to tell both unions and companies that they have an obligation to the public to keep rail service moving. While he has pushed to elevate the power of organized labor throughout his time in office, he is wary of hurting American consumers and the economy, which could experience shortages and price spikes from even a brief strike.President Biden and his economic team have been inserting themselves into final-hour negotiations between the rail unions and large rail companies.Erin Schaff/The New York TimesOn Monday, Mr. Biden phoned leaders on both sides of the table to urge a deal, stressing the same message to both sides, according to people familiar with the discussions: A strike will hurt rail customers and a broad swath of people and businesses across the country, and a negotiated agreement is the best way to avoid one.Martin J. Walsh, the labor secretary, and White House officials hosted union and company leaders in Washington on Wednesday in an attempt to broker a deal before Friday, when a federally imposed “cooling off period” for negotiations expires. Workers could go on strike immediately, though they will not automatically do so.Inflation F.A.Q.Card 1 of 5What is inflation? More

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    Strike Threat on Freight Railroads Is New Supply Chain Worry

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    Administration officials are pushing for a settlement to head off a walkout by tens of thousands of workers on Friday.Biden administration officials are racing to prevent a strike by tens of thousands of freight railroad workers that could further disrupt an already strained supply chain and cause billions of dollars in economic damage.The industry failed to reach a contract agreement with two unions representing much of the work force, and a federally mandated 30-day “cooling off” period ends on Friday, opening a door to strikes and lockouts. Some freight companies have started to limit services, and Amtrak, which carries many travelers on lines operated by freight railroads, said it would cancel some passenger service starting on Tuesday.Labor Secretary Martin J. Walsh pressured both sides over the weekend to reach an agreement, and administration officials have held dozens of calls with the industry and the unions, according to the Labor Department.“All parties need to stay at the table, bargain in good faith to resolve outstanding issues and come to an agreement,” the department said in a statement. “The fact that we are already seeing some impacts of contingency planning by railways again demonstrates that a shutdown of our freight rail system is an unacceptable outcome for our economy and the American people, and all parties must work to avoid that.”The deadlock puts President Biden in a complicated position. His administration has taken pains to restore and fortify the supply chain, which was deeply disrupted by the coronavirus pandemic. It has also worked hard to protect and endorse union rights.“A strike doesn’t help anybody,” Mr. Walsh said in an interview late last month. “A strike doesn’t help the workers. A strike doesn’t help the general public. A strike certainly doesn’t help the supply chain.”In July, Mr. Biden established an emergency board to help mediate the dispute between the industry, which includes six of the largest freight rail carriers, and about a dozen unions. Last month, that board recommended a resolution with a cumulative raise of 24 percent from 2020 through 2024, including an immediate 14 percent wage increase covering the first three years.Most of the unions agreed to the proposal, pending a vote of their membership. But two major unions are holding out for improvements to working conditions, which they say have steadily worsened in recent years as rail carriers have cut staffing.The Brotherhood of Locomotive Engineers and Trainmen and the SMART Transportation Division, which represent engineers and conductors, say workers must often stay on call for several days at a time, working 12-hour shifts with little notice, and are penalized for calling in sick.“Our unions remain at the bargaining table and have given the rail carriers a proposal that we would be willing to submit to our members for ratification, but it is the rail carriers that refuse to reach an acceptable agreement,” they said in a joint statement. “In fact, it was abundantly clear from our negotiations over the past few days that the railroads show no intentions of reaching an agreement with our unions.”Inflation F.A.Q.Card 1 of 5What is inflation? More

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    Labor Board Proposes to Increase Legal Exposure for Franchised Chains

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    Federal labor regulators on Tuesday proposed a rule that would make more companies legally liable for labor law violations committed by their contractors or franchisees.Under the proposal, which governs when a company is considered a so-called joint employer, the National Labor Relations Board could hold a company like McDonald’s liable if one of its franchisees fired workers who tried to unionize, even if the parent company exercised only indirect control over the workers. Indirect control can include requiring the franchisee to use software that locks in certain scheduling practices and setting limits on what the workers can be paid.Under the current approach, adopted in 2020, when the board had a majority of Republican appointees, the parent company could be held liable for such labor law violations only if it exerted direct control over the franchisee’s employees — such as directly determining their schedules and pay.The joint-employer rule also determines whether the parent company must bargain with employees of a contractor or franchisee if those employees unionize.Employees and unions generally prefer to bargain with the parent company and to hold it accountable for labor law violations because the parent typically has more power than the contractor or franchisee to change workplace policies and make concessions.“In an economy where employment relationships are increasingly complex, the board must ensure that its legal rules for deciding which employers should engage in collective bargaining serve the goals of the National Labor Relations Act,” Lauren McFerran, the chairwoman of the board, which has a Democratic majority, said in a statement.The legal threshold for triggering a joint-employer relationship under labor law has changed frequently in recent years, depending on the political composition of the labor board. In 2015, a board led by Democrats changed the standard from “direct and immediate” control to indirect control.As a result of that shift, parent companies could also be considered joint employers of workers hired by a contractor or franchisee if the parent had the right to control certain working conditions — like firing or disciplining workers — even if it didn’t act on that right.Under President Donald J. Trump, the board moved to undo that change. The Republican-led board not only restored the standard of direct and immediate control, it also required that the control exercised by the parent be “substantial,” making it even more difficult to deem a parent company a joint employer.The franchise business model has faced rising pressure. On Monday, Gov. Gavin Newsom of California said he had signed a bill creating a council to regulate labor practices in the fast food industry. The council has the power to raise the minimum wage for the industry in California to $22 an hour next year, compared with a statewide minimum of $15.50, and to issue health and safety standards to protect workers.The fast food industry strongly opposed the measure, arguing that it would raise costs for employers and prices for consumers. More

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    Starbucks Illegally Denied Raises to Union Members, Labor Board Says

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    Federal labor regulators have accused Starbucks of illegally discriminating against unionized employees by denying them wage and benefit increases that the company put in place for nonunion employees.In a complaint on Wednesday, a regional office of the National Labor Relations Board accused the company of breaking the law when its chief executive, Howard Schultz, “promised increased wages and benefits at U.S. stores if its employees rejected the union as their bargaining representative,” and when it withheld raises and benefits from unionized workers.The labor board is seeking, among other things, that affected employees be made whole for the denial of benefits and wage increases. It is also asking that Mr. Schultz read a notice to all employees informing them that some had been unlawfully denied benefits and pay increases and explaining their rights under federal labor law. Alternatively, a board official could read this material to employees in Mr. Schultz’s presence.The labor board’s case is scheduled for a hearing on Oct. 25 before an administrative law judge, unless Starbucks settles with the agency beforehand. Starbucks could appeal any ruling by an administrative judge to the full board.In a statement, Starbucks said that it was required under federal law to negotiate changes in wages and benefits with the union and that it was therefore not allowed to make such changes unilaterally, as it can in nonunion stores. “Wage and benefits are ‘mandatory’ subjects of the collective bargaining process,” the statement said.Workers United, the union representing the company’s newly organized workers, said the complaint affirmed its contention that Starbucks was discouraging union activity.“He claims to run a ‘different kind of company,’ yet in reality, Howard Schultz is simply a billionaire bully who is doing everything he can to crush workers’ rights,” Maggie Carter, a worker who helped unionize her store in Knoxville, Tenn., said in a statement.More than 225 out of roughly 9,000 corporate-owned Starbucks locations in the United States have voted to unionize since last fall.Mr. Schultz began indicating that the company would roll out new benefits, but only for nonunion workers, shortly after he began his third tour as the company’s chief executive in April.The next month, the company announced a series of new benefits — including additional career development opportunities, better tipping options and more sick time — but only for stores that hadn’t unionized or weren’t in the process of unionizing. The benefits were to begin in the coming months.The company unveiled wage increases as well, some of which had already been announced and which the company said would apply to all workers. But other increases were new and would apply only to nonunion workers.For example, according to Reggie Borges, a Starbucks spokesman, all employees stood to benefit from a companywide $15-an-hour minimum wage, but nonunion workers hired by May 2 would get a 3 percent raise if that proved higher than $15.The wage policy appears to have sown confusion, with some employees briefly receiving a pay increase that was then withdrawn. Colin Cochran, a worker at a store near Buffalo that initially voted to unionize and then voted against the union in a rerun election decided this month, provided pay stubs showing that his $16.28 hourly wage had increased to $16.77 the first week of August, when Starbucks began the pay increases nationwide. But Mr. Cochran’s pay stub for the second week of August showed his hourly pay dropping back to $16.28. (The union is challenging the election loss at this store.)Mr. Borges said that the reversion to the previous wage had resulted from an inadvertent error and that unionized stores would get wage increases in September.Workers involved in union campaigns at other Starbucks locations said the denial of pay and benefit increases to unionized stores had slowed their organizing efforts.Kylah Clay, a Starbucks worker in Boston who helped organize several stores in the area, said inquiries from employees at other stores who were interested in unionizing had dropped off substantially not long after the company’s pay and benefits announcement in May. But they picked up recently after the pay and many benefit changes took effect, she said. More