Amazon’s battle with unions is far from over

Amazon has won the first round of its fight against efforts to unionise its Bessemer, Alabama warehouse, after workers voted overwhelmingly against the proposal. But this bout may have several more rounds to run. The defeat may not galvanise organising efforts elsewhere, within and beyond Amazon, as unions hoped victory would have done. Yet with the Retail, Wholesale and Department Store Union set to appeal against what it alleges were Amazon’s “egregious and illegal” anti-union tactics, the publicity may yet embolden other workers. It may also bolster the determination of President Joe Biden — who publicly backed Amazon workers’ right to unionise — and the Democrats to strengthen union rights.

This was the first formal vote on organised labour at a US Amazon plant in the 26-year history of America’s now second largest private-sector employer. But it resonated beyond one facility or company. Amazon is emblematic of “new economy” jobs in retail, distribution and warehousing that have proved hard to unionise.

The vote came when Amazon has been among the big winners of a pandemic that has also shone a spotlight on the conditions of many essential workers. American support for unions is at its highest for two decades, according to Gallup polling — with support for labour in Washington also at its highest for years. The issue of labour rights has also once again become entwined with civil rights, all the more so in the aftermath of the George Floyd killing: more than three-quarters of Bessemer’s 5,805 warehouse employees are black.

Amazon argued unionisation was unnecessary since the company offers good pay, benefits and career opportunities, and having a union would impede its “direct relationship” with employees. Indeed, its $15 an hour pay for warehouse workers is more than twice the federal minimum wage. Yet a takeaway from this case is that conditions matter, too. Amazon came under pressure over what workers said were long, intensive shifts with inadequate breaks, and tracking of their movements. The company recently had to apologise for mocking a congressman’s claims that its staff were so pressed for time they had resorted to urinating in bottles.

The retail giant also engaged in an aggressive anti-union campaign through posters, text messages and compulsory meetings during working hours. Leaked emails appear to show Amazon pressed the US Postal Service to install a mailbox outside the warehouse before the postal union ballot began. The company says it was for workers’ convenience; the union called it intimidation, saying some employees worried about being monitored posting their ballot papers.

The RWDSU is appealing to the National Labor Relations Board claiming Amazon interfered with employees’ right to a free and fair election. Amazon says this is not true. But the tussle may see the release of documents that are embarrassing to the company, which was urged by more than 70 of its investors not to interfere with workers’ efforts to unionise.

The Biden White House is supporting the Protecting the Right to Organise Act, which if passed by the Senate would strengthen the right to unionise and outlaw some of the tactics Amazon used. In the meantime, the NLRB should scrutinise closely whether those tactics already breached laws. The Alabama vote was a setback to unions’ hopes. But after years of waning labour power, the pendulum is showing signs of swinging back. Big employers who fail to treat staff fairly, and those who arbitrage rules to manipulate gig workers, will rightly come under mounting pressure.