Benjamin Sachs

Today, workers at Amazon’s LDJ5 warehouse facility will vote on whether to organize with the Amazon Labor Union (ALU), the same union that pulled off a historic win at another Staten Island, New York, facility earlier this month. With ballots scheduled to be counted on May 2nd, the election will last just one week. After months of slow buildup, workers are just a week away from learning whether their site will unionize — assuming there aren’t any tiebreaker court fights of the kind that held up Bessemer’s second vote. ... “It seems to me that Amazon has to worry about its public persona, and to be viewed as viciously anti-union and anti-worker at this moment in history is probably a bad look for them,” said Benjamin Sachs, a professor of labor and industry at Harvard Law School, in an interview with The Verge. According to Sachs, support from the public and policymakers is a factor in the ALU’s favor. “I think the support from President Biden matters. I think the visible support from the National Labor Relations Board to enforce the law matters,” Sachs said. “Broad public support definitely matters in a lot of ways. It helps to embolden workers who are making this decision about whether to support the union, knowing that the country is essentially behind them.”

Amazon workers have voted to unionize for the first time in the company's history in the United States, securing a sweeping and unexpected victory in a National Labor Relations Board election for a group of around 8,000 workers at a warehouse in Staten Island, New York. Amazon Labor Union secured 2,654 "yes" votes to Amazon's 2,131 "no" votes. The union won the election with 55% of the vote, a lead of 523 votes. The union and Bloomberg both declared victory for unionization Friday morning. ... "Amazon is a corporation with massive essentially unlimited resources which it has deployed to stop workers from exercising their right to organize, and that nonetheless the workers have been able to do it. And they deserve enormous credit for that," Benjamin Sachs, a labor and industry professor at Harvard Law School, told Protocol immediately after the Staten Island victory was announced.

Annie Hollister had designs on a public interest career when she entered law school in fall 2017 as the campaign to organize Harvard University's graduate student workers and teaching assistants geared up for a second election. Hollister had inherited a "vaguely positive attitude" toward unions from her father, a member of International Alliance of Theatrical Stage Employees Local 52. So she was an easy sell when a classmate approached her about signing a union card in the lead-up to a rerun election, but not quite a true believer. ... Benjamin Sachs, a professor at Harvard Law School and a co-director of the Labor and Worklife Program, said he's observed an uptick in interest in the labor program over the last several years amid broader public attention to unions. Now, labor law courses are overenrolled and students face long waitists to join seminars in advanced labor topics. "My sense is that participation in the graduate student union has been an incredibly important and formative experience for a lot of those students," alongside other initiatives, like the Clean Slate for Worker Power project that reimagines labor law, Sachs said.

The state of Washington could be on its way to adopting a law with big implications for the gig economy. State lawmakers have passed a bill that offers ride-hailing drivers some new benefits. The bill bars them from being classified as employees. Washington is the latest state to grapple with providing rideshare driver benefits – like sick leave and minimum pay — while still giving drivers flexibility over their schedules. Lawmakers there sought some input from organized labor. ... Benjamin Sachs at Harvard Law School said under that law, employees can still have control over their hours. “There is nothing inconsistent between being an employee and having a flexible work arrangement,” he said, adding that remote workers often set their own schedules and are still considered employees.

Organizers of an effort to unionize an Amazon warehouse in Bessemer, Alabama, filed a complaint with the National Labor Relations Board this week, challenging the company’s right to require employees to attend anti-union presentations at work, a common tactic that is currently considered legal. These so-called “captive audience” meetings are usually held at workplaces during work hours, where employers make their case. ... Labor advocates have long argued unions should be offered equal time in workplaces to present their own information said Benjamin Sachs, co-director of the Labor and Worklife Program at Harvard Law School. “It would also be a big deal symbolically, because it would symbolize that the union was not so much an outsider,” he said.

Before I became a journalist, one of the best jobs I had was waiting tables at a barbecue restaurant atop a little bump on Snowmass Mountain called Sam’s Knob. My daily commute involved riding a high-speed chairlift, and I was guaranteed an hour and 15 minutes of snowboarding every morning before my shift. Tips were good, so I could afford to work four days a week, thus netting myself another three days to snowboard. Sam’s was where I learned that fresh snow made a sound when you were surfing through it: shhhh, softer than a whisper. ... There’s just one obvious catch: historically, work-life balance has largely been out of our hands. “Most people don’t have much of a choice about whether, or how much, to work, given the state of wage and benefit levels in the nation and the lack of government-provided social safety nets,” notes Benjamin Sachs, a Harvard law professor and a faculty codirector of Harvard’s Labor and Worklife Program. “The power generally resides with the employer.”

Last week, Kellogg’s workers rejected a contract offer from management that could have ended a two-month strike at four cereal plants. Their decision to stay on the picket lines for a better deal elicited an ugly threat from Kellogg’s: to permanently replace the strikers with other workers. ... It’s routine for companies to bring in replacement workers — “scabs,” in union parlance — to try to maintain production during a strike. But can the company just get rid of the striking workers for good? ... “The bite of the permanent replacement doctrine is the employer has no obligation to discharge the replacement workers when the strike is over to make room for returning strikers,” said Benjamin Sachs, a labor law professor at Harvard Law School. “That means if the replacement never leaves, you can never get your job back.”

Something could be brewing at Starbucks. Starbucks workers from three Buffalo, New York, stores are set to begin voting on unionization, and if successful, it could mark a major shift for the broader food industry, labor professors told Retail Brew. ... Benjamin Sachs, a professor of labor and industry at Harvard Law School, told Retail Brew that splitting the vote does increase the odds in favor of the union supporters. “That seems like a small detail, but that’s probably going to be the difference between victory and loss [for the pro-union workers],” he said.

IATSE isn’t working alone when it comes to pressing for better labor conditions. As Hollywood waits to see whether the union that represents thousands of technicians and craftspeople will go on strike as part of an effort to improve on-set working conditions, the rest of the country has already seen similar maneuvers from workers in a broad range of industries. ... “We are seeing what may be the biggest part of a new strike wave, in which workers are expressing their unwillingness to put up with intolerable conditions. That’s happening in health care. It’s happening in coal mines. It’s happening at Kellogg. It’s happening at Nabisco,” says Benjamin Sachs, a professor at Harvard Law School who studies labor law and labor relations. “It’s really cutting across sectors.”

Coverage of the recent union election by Amazon warehouse workers has often referred to “national attention” around the “high-profile” event, for which “the world” and “we” have breathlessly awaited the outcome. The implied “we” are mostly news media, politicians, celebrities, and a pro-labor contingent of avid tweeters. It’s my job to relay Amazon workers’ reports of dehumanizing graveyard shifts and paranoia-inducing surveillance. But what about everyone else? ... Since people can’t protest at an e-commerce site, however, some labor reform advocates have floated the idea of a virtual picket line. This comes up in the Clean Slate Agenda, a report from Harvard Law School, produced by over 70 researchers, labor professionals, tech workers; they suggest lawmakers compel a company to post a notice on its website that informs consumers of a labor dispute and forces them to actively decide to cross the picket line...We asked Benjamin Sachs, a co-founder of the Clean Slate for Worker Powerproject, to elaborate. Sachs pointed to the existing legal framework and—a great idea—an easily achievable self-install that wouldn’t require any political battle at all.

Despite the strongest public support and the most sympathetic president in years, the American labor movement just suffered a stinging defeat -- again. Amazon warehouse workers in Bessemer, Alabama, overwhelmingly voted against joining the Retail, Wholesale and Department Store Union in much-anticipated election results announced Friday...The retail union complains that Amazon plastered the Alabama workplace with anti-union posters and forced employees to sit through mandatory sessions in which the company disparaged the union. Labor organizers, by contrast, had to catch employees outside the warehouse gate to make their pitch. "The law failed the workers,'' said Benjamin Sachs, a labor law professor at Harvard Law School. "The law gives employers far too much latitude to interfere in workers' ability to make a choice to join a union. That choice should be for the workers to make, not the employers to make."

Tesla Inc. repeatedly violated U.S. labor law, including by firing a union activist, and must make Chief Executive Officer Elon Musk delete a threatening tweet from his account, the National Labor Relations Board ruled Thursday. The ruling, issued by two Republican and one Democratic member of the agency, states that the electric-car makermust offer to reinstate the fired employee. The board members also ruled that Tesla broke the law by retaliating against another union activist, “coercively interrogating” union supporters and restricting employees from talking to reporters...The administrative law judge ruled that Musk should be required to attend a meeting at which either he or a labor board representative would read employees a notice about their rights, but in Thursday’s decision the agency rejected that remedy and said instead that posting a written notice would be sufficient...Posting a written notice sends a much weaker signal to employees than making executives read it aloud, said Harvard Law School professor Benjamin Sachs, who suggested that forcing Musk to post the notice on his Twitter account would also have been a more fitting remedy. When executives have to read the notice to employees, he said, it shows workers “that the boss is not the only authority in the world -- that the law is a higher authority than the boss.”

Players from the National Football League were among the first to voice their support. Then came Stacey Abrams, the Democratic star who helped turn Georgia blue in the 2020 election. The actor Danny Glover traveled to Bessemer, Ala., for a news conference last week, where he invoked the Rev. Dr. Martin Luther King Jr.’s pro-union leanings in urging workers at Amazon’s warehouse there to organize. Tina Fey has weighed in, and so has Senator Bernie Sanders. Then on Sunday, President Biden issued a resounding declaration of solidarity with the workers now voting on whether to form a union at Amazon’s Bessemer warehouse, without mentioning the company by name... “This is an organizing campaign in the right-to-work South during the pandemic at one of the largest companies in the world,” said Benjamin Sachs, a professor of labor and industry at Harvard Law School. “The significance of a union victory there really couldn’t be overstated.” ... Mr. Sachs, of Harvard Law School, said that despite Mr. Biden’s admonishments of companies’ interfering in elections, the current labor law does allow Amazon to hold certain mandatory meetings with workers to discuss why they shouldn’t unionize and enables the company to post anti-union messages around the workplace. “It is very helpful that the president is calling out these tactics, but what we need is a new labor law to stop companies from interfering,” he said.

In just a few short years, Amazon’s warehouse workers have gone from suffering in silence to jobsite walkouts in Minnesota and more recently a full-blown union vote in Alabama. Now it seems another segment of Amazon’s workforce is taking its first steps towards advocating for better conditions. In an informal driver-led survey shared with Gizmodo, hundreds of U.S. and Canada-based delivery drivers—who transport packages for but are technically not employed by Amazon—describe constant surveillance, to-the-second time crunches, and accelerated work with stagnant pay. And the vast majority say they’d like to unionize...Harvard professor and labor rights expert Benjamin Sachs advocates for a complete overhaul of FDR-era labor law in order to accommodate such non-employee-employees. (See his “Clean Slate” agenda, designed with former National Labor Relations Board member Sharon Block.) In the shorter term, he said, the National Labor Relations Board could authorize states to allow sectoral bargaining, an expansive bargaining system more common in Europe, which allows workers to bargain with multiple employers so long as they’re performing work in the same sector. “You can franchise and subcontract anything,” Sachs told Gizmodo over the phone. “More and more companies are getting away with these games that have enormous human costs, that allow companies to maintain control and profits while shedding all responsibility to the workforce.”

Perry Connelly quickly noticed that something was off when he began working at the Amazon fulfillment center in Bessemer, Alabama, last spring. Managers were unfriendly to the point of not acknowledging employees when they walked past, and they were quick to write people up for infractions that seemed minuscule or made-up, such as too much time “off-task.” “The main thing was just the disrespect,” the 58-year-old told The Daily Beast. Any concern, even one related to safety, went unattended unless it was an emergency, he said...Nearly 6,000 workers at the Bessemer warehouse began a vote this week to determine whether they will become the first Amazon employees in the country to form a union...Just like the town of Bessemer, a large portion of the warehouse employees are Black. “It’s significant that it’s a movement of primarily Black workers and women—the workers that have been most impacted by the pandemic,” Benjamin Sachs, a professor of labor and industry at Harvard Law School, told The Daily Beast. A win at the Bessemer warehouse would be a “huge victory for economic and racial justice,” Sachs said, and workers with positive experiences with unions often go on to unionize other workplaces.

As the pandemic continues to wreak havoc on the economy, with job losses mounting, work norms upended, and employees fearful for their safety, the country’s next Labor secretary will be thrust into the spotlight as never before. President-elect Joe Biden has vowed to be the strongest labor president in American history, and as his pick for the crucial Cabinet position, Boston Mayor Martin J. Walsh could significantly improve the lives of working people across the country. He’s poised to lead the charge in restoring rules rolled back by the Trump administration, which steered employment regulations toward corporate interests, and to push for new safety regulations and other benefits for a workforce that has been battered by the coronavirus...It has been nearly 50 years since the country had a Labor secretary with union ties: Peter Brennan, a housepainter turned labor leader who served in the Nixon and Ford administrations. A number of progressive unions whose political leanings don’t often align with those of construction labor groups endorsed Walsh for the post, and this crossover appeal could help the Biden administration gain support from both sides of the aisle. “What strikes me as important about the Walsh choice is that it’s somebody with a clear commitment to the labor movement and the importance of unions and the importance of worker power, and that’s not always true about Labor secretaries, even Democratic ones,” said Benjamin Sachs, a labor professor at Harvard Law School.