Crushing Unions: Amazon's Anti-Union Campaign (PDF)

1035082 research-article2021 NLFXXX10.1177/10957960211035082New Labor ForumLogan Amazon Workers vs. Bare-Knuckle Union-Busting: Lessons from Bessemer...

1035082 research-article2021 NLFXXX10.1177/10957960211035082New Labor ForumLogan Amazon Workers vs. Bare-Knuckle Union-Busting: Lessons from Bessemer New Labor Forum Crushing Unions, by Any Means 2021, Vol. 30(3) 38­–45 Copyright © 2021, The Murphy Institute, CUNY School of Labor and Urban Studies Necessary: How Amazon’s Article reuse guidelines: sagepub.com/journals-permissions Blistering Anti-Union Campaign DOI: 10.1177/10957960211035082 https://doi.org/10.1177/10957960211035082 journals.sagepub.com/home/nlf Won in Bessemer, Alabama John Logan1 Keywords Amazon, union avoidance, employer opposition, consultants, law firms, anti-union, RWDSU, UNI Global Union In April 2021, the Retail, Wholesale and campaign, started October 20, when RWDSU Department Store Union (RWDSU) lost a organizers first appeared outside the plant, and National Labor Relations Board (NLRB) election continued until the union stopped collecting cards at an Amazon warehouse in Bessemer, Alabama in late December; the “vote no” campaign started (BHM1), by 1,798 votes to 738. But the RWDSU January 1, 2021, and continued until the first did not lose the landmark election because of week of February; and the “floor-walking” anti- substandard organizing practices. It lost the vote union campaign continued throughout the offi- because it faced the world’s most powerful anti- cial NLRB balloting period from February 8 to union company, which was prepared to do what- March 29. In addition to media reports and dis- ever was necessary to crush the union, even if its cussions with participants, the article draws on actions very likely violated the law. Moreover, testimony at the pre- and post-election NLRB despite its election loss—which the NLRB has hearings and other related documents. At the time now challenged, calling for a new election—the of writing—mid-June 2021—the regional direc- RWDSU drive has boosted the global campaign tor of NLRB has yet to rule on the union’s post- to unionize Amazon and reinvigorated the debate election unfair labor practice (ULP) complaint. over the need for stronger labor rights in the Amazon’s blistering anti-union campaign United States. demonstrates that workplace democracy in the United States is on life support. Many of the anti- Amazon’s Relentless Three-Part union tactics discussed here—the recruitment of Anti-Union Campaign outside union avoidance experts, the use of inter- nal union avoidance consultants and lawyers, Amazon engaged in a multipronged, blistering, mandatory captive audience group meetings, one- unprecedented, and probably unlawful campaign on-one meetings between workers and union at its Bessemer warehouse. I witnessed this cam- avoidance experts, “vote no” texts, posters, paign as an observer at pre- and post-election emails, mailers, webpages, swag, billboards, and meetings of the NLRB as it oversaw the ballot- other communications—are all legal under current ing. The anti-union campaign took place in three law. However, the NLRB has now judged unlaw- stages, beginning with Amazon’s efforts to keep a ful the content of those anti-union messages. For majority of its workers from signing cards calling example, if, as alleged, Amazon management and for a union election, and continuing with its “vote its union avoidance experts predicted, at group or no” campaign once a majority of workers had individual meetings, that a union victory would signed union cards, and ending with the compa- result in job and benefit losses, job losses, or even ny’s actions during the voting period. The anti- the potential closure of the warehouse, these union campaign involved three main groups of 1 actors—union avoidance law firms, internal San Francisco State University, CA, USA “employee relations” (ER) experts, and external Corresponding Author: anti-union consultants. The anti-card signing John Logan, [email protected] Logan 39 comments would be unlawful. Similarly, if, in monitors placed throughout the Bessemer facil- individual meetings, Amazon’s anti-union experts ity) to warn workers about the dangers of signing tracked information on whether workers had a union membership card, telling them: “Don’t voted and for whom, this would be unlawful. sign away your choices.” In November and December, Amazon flooded the bargaining unit Amazon’s blistering anti-union with new hires. The RWDSU filed a petition campaign demonstrates that with the NLRB on November 20 to represent a bargaining unit of 1,500 workers, but knew that workplace democracy in the United the warehouse contained 2,200 to 2,300 workers. States is on life support. It realized that Amazon would hire many new workers—employment always increases in the In addition, the NLRB ruled that other dubi- lead up to a “peak” holiday period—but did not ous anti-union tactics—especially the installation anticipate that the Bessemer workforce would of the controversial “cluster box,” which created reach almost 6,000, significantly larger than the the impression that Amazon, rather than the number of workers employed at other similarly NLRB, was coordinating the election process, or sized Amazon fulfillment centers. This hiring Amazon’s pressure to change the timing of the spree also resulted in the recruitment of many stoplight outside the facility to reduce organizers’ younger workers at the Bessemer facility, most opportunities to engage with workers—constitute of whom the union had not been able to contact unlawful violations of the National Labor prior to its filing its authorization cards with the Relations Act (NLRA) and justify overturning NLRB. An NLRB pre-election hearing in late the election. Moreover, the union’s allegation that December resulted in the union agreeing to a Amazon unlawfully terminated two workers for much larger unit (just over 5,800 workers), as union activities will be ruled on as part of a sepa- arguing over the unit would have delayed the rate ULP charge. But Amazon presents a chal- election for months. The larger unit contained lenge to workplace democracy globally that goes dozens of “process assistants,” who have signifi- beyond any discussions about which tactics it cant supervisory roles, and who union lawyers used in Bessemer. Through its almost unlimited believed should have been legally excluded from financial resources, enormous economic and the unit; several of these process assistants political influence, and considerable internal became the public face of Amazon’s “vote no” union avoidance expertise—including former campaign during media events. military intelligence analysts, innovative techno- logical expertise, mountains of data on every aspect of its workforce, and single-minded ruth-... Amazon exemplifies an elite lessness when it comes to maintaining unilateral group of superstar anti-union firms control of the workplace—Amazon exemplifies with the ability to “disrupt” long- an elite group of superstar anti-union firms with established labor relations norms the ability to “disrupt” long-established labor around the globe. relations norms around the globe. Amazon believed its unprecedented Stage 1: The Anti-Card November to December hiring spree would end the union campaign; but through its committee Signing Campaign inside the warehouse and organizers outside, the Amazon started warning workers against signing union continued to collect up to a hundred autho- union authorization cards of the RWDSU in rization cards per day, finally totaling around October 2020. Union committee members had 3,000—or about 55 percent of the bargaining been collecting cards over the summer months, unit—when it stopped collecting cards in late but the RWDSU first sent organizers to Bessemer December. To obstruct the card-signing cam- on October 20. At first the company campaign paign, Amazon had pressured Jefferson County was low-key, but escalated by December, with officials to speed up the timing of a stoplight the company using “acid screens” (computer outside the main entrance of the warehouse, 40 New Labor Forum 30(3) where organizers took the opportunity to speak “vote no” messaging—consisted of thousands with workers. Speaking to workers at this traffic of captive audience meetings (usually in groups light after they left work had proved an effective of between ten and twenty employees); way to collect cards during the initial part of the “TextEmAlls” (anti-union messages sent to campaign. During this period, Amazon also employees’ personal devices); messages on pushed for an on-site election, so that quite liter- Amazon’s “A-Z app,” which employees install ally the voting would take place on the employ- on phones to get information on workplace er’s turf. The NLRB rejected Amazon’s pleas for news, emails, anti-union messages on “acid an on-site election, along with its appeal and its screens” posted around the workplace, “table- subsequent argument for an on-site drop box for toppers” (anti-union flyers distributed in break ballots, and the mail-in election was set for rooms and at captive meetings), anti-union ban- February 8 to March 29, 2021. ners and flyers displayed throughout the work- place, including inside the doors of restrooms stalls, various anti-union “swag,” anti-union Stage 2: The Official “Vote billboards in the roads leading to the facility, No” Campaign and anti-union messages distributed in multiple The anti-union campaign escalated signifi- other ways. The ER manager in charge of the cantly in January. First, on December 31, “vote no” campaign said that he had personally Amazon launched its slick DoItWithoutDues. attended several hundred captive meetings, and com website, which contained common anti- most workers attended at least two meetings per union messages under the guise of providing week. Captive meetings typically lasted thirty employees with “facts.” It implied that workers minutes and involved several management per- would be required to pay dues were the RWDSU sonnel: most were led by one of the twenty-nine to win. This was patently false, due to the fact non-Bessemer Amazon ER experts, but they that Alabama has been a Right to Work state were assisted at captive meetings by external since 1953, meaning that workers in union- union avoidance consultants. In addition, repre- represented workplaces receive the benefits of sentatives from Amazon human resources unionization whether or not they elect to would scan workers in and out and take notes at become members and pay dues. The Amazon the back of the room. Workers testified that the website also suggested that workers might lose meetings conveyed multiple negative mes- existing wages and benefits if they were to vote sages—mostly standard fare for anti-union for unionization, and stated they would no lon- campaigns—and several mentioned the warn- ger have the ability to “speak for themselves” ing that workers could lose the wages and ben- because every interaction with management efits they had if the union were to win. As would need to go through the union. These anti- threatening wage and benefit cuts is illegal dur- union tropes would remain prominent cam- ing an organizing campaign, Amazon manage- paign messages throughout the election period. ment contended instead that it had stated that wages and benefits could go up, go down, or To obstruct the card-signing remain the same. However, PowerPoint slides and handouts displayed at the meeting clearly campaign, Amazon had pressured emphasized the possibility of losing wages and Jefferson County officials to benefits. The captive meetings continued daily speed up the timing of a stoplight until the NLRB distributed ballots. outside the main entrance of the warehouse, where organizers took Stage 3: Amazon’s On-Site the opportunity to speak with Mailbox and Continuous Floor workers. Walking This second stage of Amazon’s anti-union Under the NLRA, Amazon was required by law campaign—the most intensive in terms of its to stop its captive audience meetings prior to Logan 41 the February 8 to March 29 voting period, but pushed its on-site mailbox, telling workers to ER personnel and consultants immediately “vote no,” “vote early,” and use its newly switched to walking the floor and speaking with installed on-site mailbox. workers on a one-to-one basis, which occurred virtually all day every day during the voting Amazon pressured the U.S. Postal period. According to the testimony of one of the external consultants at the NLRB hearing, Service to install a special “cluster Amazon’s “persuaders” sought to confirm that box” just before the start of the workers had received their ballots in February postal ballot....[and] Amazon and March, spoke to them about the voting pro- covered the mailbox with a tent cess, but also communicated Amazon’s anti- with slogans connected [to] the union message and pushed employees to vote at “vote no” campaign... the on-site mailbox. Some workers believed that these persuaders were also monitoring who According to pro-union workers who testi- had voted and how they had voted—behavior fied at the NLRB hearing, Amazon’s mailbox that would constitute an ULP—but the com- and its related communications boosted the no pany denied this allegation. vote, discouraged some workers from voting, and created widespread anxiety around the vot- The Amazon website... suggested ing process. It caused some workers to believe that workers might lose existing that Amazon, not the NLRB, was effectively wages and benefits if they were to controlling the election process. Several work- ers discussed the thirty-plus external surveil- vote for unionization, and stated lance cameras facing the mailbox, and the they would no longer have the enhanced security in the parking lot during the ability to “speak for themselves”... voting period—which included off-duty Bessemer police officers in squad cars—and In December and January, Amazon’s lawyers expressed fears management might have had had pushed repeatedly for an on-site election, access to the ballots; one worker reportedly saw even though the NLRB had approved almost no Allied security guards with keys to the mailbox. on-site balloting anywhere else during the pan- The on-site mailbox was central to Amazon’s demic. After its initial request and appeal were anti-union messaging and effectively altered the rejected, Amazon requested an official drop-box entire atmosphere around the election, which is within the facility, which the NLRB also why its installation was so crucial for senior rejected. Amazon then pressured the U.S. Postal management, why it is central to the RWDSU’s Service (USPS) to install a special “cluster box” ULP complaint, and why Amazon has so vigor- just before the start of the postal ballot. In emails ously denied any wrongdoing concerning the to senior USPS officials, Amazon stated that it mailbox at the post-election hearing. “must” happen and that senior management was Amazon’s all-encompassing anti-union cam- following the issue closely. A senior USPS man- paign, including its one-of-a-kind mailbox, ager testified that Amazon asked to put “vote time-changing stoplight, and other dubious here” and other electioneering stickers on the practices, ultimately paid off. Fewer than a third modified cluster box, the first ever installed for of the workers who had signed union authoriza- a single business customer in his decades at the tion cards were counted as “yes” votes in the USPS. USPS management instructed the com- NLRB election; some had left employment at pany not to do this, so Amazon instead covered the plant, which has an extraordinarily high the mailbox with a tent with slogans connected turnover rate; others were likely “yes” votes with the “vote no” campaign on three sides, among the more than 500 ballots successfully effectively recreating the atmosphere of a poll- contested by Amazon’s lawyers; some decided ing booth. The senior USPS official said he had simply not to vote, either discouraged by the been “surprised” to read about Amazon’s con- high stress atmosphere created by the anti-union troversial tent in the Washington Post. In work- campaign or suspicious of Amazon’s strenuous place communications, Amazon repeatedly efforts to push its on-site mailbox; or pressured 42 New Labor Forum 30(3) and bamboozled by the anti-union campaign, Greyhound, Aldrine was, according to Texas some probably voted no. The early voters—who Lawyer, “responsible for preventing more than cast their ballots in February before President 30 union certifications” and “developing an Biden’s February 28 video supporting unioniza- enviable niche practice combating union- tion at Amazon—appear to have voted over- representation campaigns, boasting a far-above- whelmingly against the union, especially those average 80 percent success rate.”1 Media atten- votes cast by younger workers who were hired tion is often more focused on external anti-union when Amazon flooded the bargaining unit. consultants, but Amazon has for years placed Amazon’s message of “vote no, vote early, and ads seeking senior ER and HR personnel with a vote using our on-site mailbox” appears to have strong background in keeping corporations been highly effective. Union organizers report “union free,” and it has recruited internal that by mid-March, many of these “no” voters experts such as Logan and Aldrine, who pos- were expressing a desire to change their ballots, sess extensive union avoidance experience. but of course were unable to do so. External Consultants The Three Main Actors in To augment its extensive internal union avoid- Amazon’s Multi-Million Dollar ance capabilities, Amazon used several leading Campaign outside anti-union consultant firms. According The post-election hearing provided information to Amazon management, additional union on both the personnel involved in the anti-union avoidance experts were necessary because of campaign and the enormous amount that the large size of the BHM1 bargaining unit, and Amazon spent on its campaign. These are not the unusual nature of the lengthy mail-in NLRB trivial details: Amazon has almost unrivaled ballot. One of those consultants, Brad Moss, a human, technological, and financial resources twenty-two-year union avoidance veteran, testi- with which to crush unionization, and all three fied at the post-election hearing. Now an inde- were on display at Bessemer. pendent consultant, Moss was formerly president of the Burke Group, which has con- ducted thousands of anti-union campaigns since Internal Consultants its founding in 1982. Moss was paid $375 per In recent years, large non-union corporations hour, and worked up to ten hours per day, seven have increasingly sought to bolster their inter- days a week. Moss said another nine or ten nal union avoidance capabilities, a trend which external consultants worked on the campaign, Amazon exemplifies. To conduct its relentless mostly assisting with captive meetings in campaign inside the Bessemer facility, Amazon January and February, and meeting with work- imported twenty-nine ER personnel with exper- ers one-on-one after the ballots had been distrib- tise in union avoidance from all over the coun- uted in February and March. Testifying from a try; none of them worked at Bessemer, or any hotel room, Moss had moved on to his next other single Amazon facility, on a regular basis. campaign, an organizing effort at the Amazon When they are not conducting on-site anti- warehouse in Staten Island, New York. union campaigns, they provide training for local Amazon management on union-related Amazon has almost unrivaled issues. Cincinnati-based Todd Logan, who had human, technological, and financial overall responsibility for the “vote no” cam- paign, has previous union avoidance experi- resources with which to crush ence with First Student transportation and unionization, and all three were on others. Another ER personnel brought to display at Bessemer. Bessemer, Austin-based Fritz Aldrine, who appeared to play a leadership role at Bessemer, The Burke Group (which also operates under has several decades of experience in union the name Labor Information Services), which avoidance. Prior to arriving at Amazon from has previously run anti-union campaigns for Logan 43 Amazon in the United Kingdom and elsewhere, Birmingham, Alabama-based Constangy law- provided three consultants and suggested others yers participated in the post-election hearing: for the Bessemer campaign. According to a Tom Scroggins, who has opposed the RWDSU LM-20 form (required for consultants who in food processing elections in the South, and have face-to-face contact with employees for Brooke Nixon, a native of Bessemer and a long- the purpose of dissuading them from voting for time associate of Scroggins, questioned several unionization) filed with the Labor Department, anti-union Amazon workers at the NLRB consultants from Florida-based Road Warrior hearing. Productions were paid $3,200 per day plus expenses. Todd Logan mentioned several other... the RWDSU lost because of consultants in passing—including Nekeya Amazon’s blistering and unlawful Nunn of The Labor Pros, one of several Black anti-union persuaders at Bessemer, where more anti-union campaign, and the than 80 percent of the bargaining-unit workers failure of labor law to protect pro- were Black —but we will likely never know union workers. exactly how many consultants worked at the Bessemer plant, how much Amazon paid them, Between the services of approximately a or what anti-union activities they performed. dozen attorneys from Morgan Lewis and Constangy Brooks—whose attorneys’ hourly fees are several times those charged by anti- Union Avoidance Lawyers union consultants—it seems certain that Amazon In addition to external anti-union consultants, paid several million dollars in legal fees alone Amazon also used multiple union avoidance related to its anti-union campaign in Alabama. lawyers. In the December 2020 NLRB hearing, Amazon was represented by Morgan Lewis, Black-Ops at Bessemer? one of the nation’s largest full-service corporate law firms, which has specialized in union In September 2020, Vice reported that Amazon avoidance for decades and has represented had placed job ads attempting to recruit “intel- Amazon on multiple labor issues, including ligence analysts” to work on “sensitive topics issues of wage theft, allegations of racial and that are highly confidential including labor sexual discrimination, and pandemic workplace organizing threats against the company.”2 safety issues. Amazon’s lead Morgan Lewis Although Amazon has now changed the word- attorney before the NLRB, Harry Johnson, ing of its ads, it continues to seek former intel- served as a Republican member of the Board ligence service personnel to monitor external from 2013 to 2015. Johnson, other Morgan “threats” to the company. In 2020, Amazon also Lewis attorneys and several in-house Amazon hired Pinkerton Detectives to spy on European attorneys also participated in the post-election labor activists and adopted high-tech surveil- hearing. But they were not alone. lance technology to monitor “labor threats,” Lawyers from Constangy Brooks, another and it may have used intelligence experts at law firm which has long specialized in “union Bessemer. In addition to the ER personnel avoidance” activities, participated in the post- brought in to run the “vote no” campaign, the election hearing. Constangy’s website claims, Bessemer facility had dozens of HR personnel “we have never been considered ‘union busters’ who officially deal with individual employee... and have always worked to help companies issues, but many Amazon HR officers list stave off union organizing.” However, along “union avoidance” as a field of expertise in with Morgan Lewis, Constangy appeared regu- LinkedIn profiles. For example, one “HR” offi- larly in the AFL-CIO’s “Report on Union cial mentioned during the post-election hearing Busting” throughout the 1970s-1990s—espe- has decades of military intelligence experience; cially in union campaigns in the South and in addition to his year-long HR stint, his Midwest—and most labor activists would con- LinkedIn profile states as areas of expertise sider the firm a “union buster.” Two “intelligence analyst,” “counterterrorism,” and 44 New Labor Forum 30(3) “homeland security.” Apparently brought to The RWDSU never considered Bessemer a “hot BHM1 for the anti-union campaign, his role at shop” organizing campaign. Now that the NLRB Bessemer, and the roles of others with similar has recommended a rerun election, Bessemer intelligence backgrounds who may have been workers may yet get a union. Organizers reported involved, remain unclear. Many other HR per- that the Bessemer warehouse did not present the sonnel worked the floors throughout the “vote hallmarks of a “losing campaign,” and they no” campaign, asking employees if they had believe the union would have won were it not for any problems at work or any suggestions to Amazon’s unlawful practices. But this campaign improve the working environment. was always about much more than simply orga- nizing a single warehouse in Alabama. The extraordinary media coverage of the campaign No Ordinary Anti-Union exposed Amazon’s anti-union brutality to a Campaign, No Ordinary Anti- larger global audience than anyone would have Union Corporation thought possible six months earlier. Several U.S. The RWDSU took on the most sophisticated unions attempting to organize Amazon have anti-union company on the planet, during a expanded cooperation in the wake of the elec- deadly pandemic, at a huge facility with enor- tion. European unions have taken inspiration mously high rates of worker turnover,3 after the from the campaign, which has enabled them to company flooded the bargaining unit to nearly deepen links with socially responsible investors three times its original size. In addition to the at Amazon. Worker centers have enjoyed greater activities discussed above, Amazon created doz- support from foundations in the wake of the ens of fake worker accounts to post anti-union campaign. And by getting the country’s atten- comments or Tweet, produced slick anti-union tion, the RWDSU’s bold campaign—which ads to run on Twitch, and engaged in other non- resulted in President Biden’s remarkable video traditional anti-union actions.4 It might be com- calling out Amazon’s bullying—has given a forting to believe the union lost because of boost to the effort for the PRO Act. Bessemer ineffective tactics that were obvious to “veteran will be remembered for both advancing the organizers”5 as this would suggest that, even union campaign at Amazon and advancing the without labor law reform, unions could win at cause of labor rights more generally. Amazon the next time simply by taking “no shortcuts.” But the RWDSU lost because of Declaration of Conflicting Interests Amazon’s blistering and unlawful anti-union The author(s) declared no potential conflicts of inter- campaign, and the failure of labor law to protect est with respect to the research, authorship, and/or pro-union workers. The events at BHM1 dem- publication of this article. onstrate the urgent need to strengthen the right to choose a union, but that may not be enough. Funding Even if the Protect the Right to Organize (PRO) The author(s) received no financial support for the Act were to become law, a corporate behemoth research, authorship, and/or publication of this article. with virtually unlimited resources, including the ability to bully local and federal officials, pres- ORCID iD ents a grave and growing threat to workplace John Logan https://orcid.org/0000-0003-2490-8497 democracy globally. Notes Bessemer Has Advanced the 1. Texas Lawyer, “Fritz Aldrine,” November Campaign to Unionize Amazon 7, 2005, available at https://www.law.com/ texaslawyer/almID/1132144710172/. The Bessemer union campaign will likely be 2. Lorenzo Franceschi-Bicchierai, “Amazon Is remembered as an important achievement, one Hiring an Intelligence Analyst to Track ‘Labor that has advanced the effort to unionize Amazon. Organizing Threats,’” Vice, September 1, 2020, Logan 45 available at https://www.vice.com/en/article/ The Nation, April 9, 2021, available at qj4aqw/amazon-hiring-intelligence-analyst-to- https://www.thenation.com/article/activism/ track-labor-organizing-threats. bessemer-alabama-amazon-union/. 3. Dave Jamieson, “Amazon’s Greatest Weapon against Unions: Worker Turnover,” Huffington Post, June 17, 2021, available at https://www.huff- post.com/entry/amazon-worker-turnover-anti- Author Biography union_n_60ca1b3ee4b0d2b86a818d1b. John Logan is professor and director of Labor and 4. Rachel Kraus, “The Bizarre Story Behind those Employment Studies at San Francisco State ‘Amazon Ambassadors’ on Twitter,” Mashable, University, and a visiting scholar at the University of March 31, 2021, available at https://mashable. California–Berkeley Labor Center. Prior to that he com/article/amazon-ambassadors-workers- taught comparative labor relations at the London union-fake-twitter-accounts/. School of Economics and Political Science. He has 5. Jane McAlevey, “Blowout in Bessemer: A published widely on employer opposition to union- Postmortem on the Amazon Campaign,” ization in the United States and globally.