Starbucks illegally fired US workers over union, judge rules
bbc.co.uk
bbc.co.uk
Of course, if every store unionized, then they'd be forced to concede at some point that they still need to keep stores open in order to make money, but in the meantime it seems like it's an intimidation tactic and that should probably be illegal.
0 - https://www.businessinsider.com/wal-mart-and-jade-helm-consp...
1 - https://en.wikipedia.org/wiki/Jade_Helm_15_conspiracy_theori...
2 - https://www.washingtonpost.com/archive/business/2000/03/04/w...
3 - https://www.ufcw.org/press-releases/wal-mart-ordered-to-reco...
This court? Never happen. But this isn't clear-cut, and the same anti-retaliation impulse ought to apply, in my opinion. If a company shuts down a store in which a unionization effort is underway, and wants to claim it was for some other reason, the cost of the inevitable lawsuit ought to be included as a factor.
Network effects for me, but none for thee.
> Among the practices prohibited by the Taft–Hartley act are jurisdictional strikes, wildcat strikes, solidarity or political strikes, secondary boycotts, secondary and mass picketing, closed shops, and monetary donations by unions to federal political campaigns. The amendments also allowed states to enact right-to-work laws banning union shops. Enacted during the early stages of the Cold War, the law required union officers to sign non-communist affidavits with the government.
Seems like it should be at least partly unconstitutional on first amendment grounds, but I don't know if it's ever been challenged.
To be frank, it's a shining example of why every legislation needs a sunset date. One and done legislation is just a tyranny happening in slow motion without active efforts to measure and assure continuing assent to the status quo by the governed.
As such closing a few locations is absolutely trivial for Starbucks if it serves some larger purpose.
Furthermore, Starbucks shouldn't be forced to sell its proprietary assets. like ovens, espresso machines, technology, etc.
(Unionize all the stores in an area, and if Starbucks shuts them all down, just open a new coffee shop)
Most employees appreciate that they are getting paid whether or not the location performs well. They don't get an equal share of the profit, but they also don't pay an equal share to cover losses if the business is not profitable for a season. If a Starbucks locations were closed for a month during peak Covid, would the employees be happy to (a) not get paid, but also happy to (b) still help carry the cost of the lease, utilities and other operating expenses?
If I start a business and my employees are willing to put their name on the loan (backed by their homes as collateral), then this is a different discussion.
They are more common that one may think. They have quite a foothold in e.g. European agriculture and even finance https://en.wikipedia.org/wiki/Mondragon_Corporation.
Now go ask the bank for a credit line to do this and you will understand why the privatisation of money creation impedes worker-owned co-ops (or any ownership structure other than the standard capitalist one).
It is possible it is hard to find a co-op because it's harder to collect on a delinquent loan. Or perhaps data shows that they fail more frequently.
You argue elsewhere that changing jobs is easier than Starbucks closing all of their stores. The point is that this is one store, not all of them, and Starbucks can absolutely afford to close one or a few. They are betting that labor will back down before store closures start to hurt their business.
The companies, on the other hand, have to know the risk of strike is real, or else they can easily ignore the union entirely. To avoid a strike, the company needs to give the unionized workers just enough to make it not worthwhile to strike, but not nothing.
However, all of this is beside the point, because companies close stores in order to avoid the union even forming. Once the vote doesn't go their way, boom. They don't even wait to hear the proposals, they shut down to send a clear signal that they don't want the workers to have any power whatsoever, at that location or any other.
The Wagner Act itself is terrible and forces businesses to negotiate collectively even if they don't want to. And it cuts both ways.
If the company produces documentation showing other reasons for having let the workers go, the company wins. If they can't, the workers win. In this case, the workers were very clearly singled out because of their organization activity, and the company had no complaints at all about their performance before the organization activity started, so the ruling went in favor of the workers.
Instead of firing workers, if the company had closed the store and the USSC hadn't ruled poorly, it would work exactly the same way. If the company produces documentation showing that the store was losing money more than other stores that remain open, the company wins. If they can't, the workers win, and presumably in that case the company could choose to either re-open the store (since leases tend to be long-term) or move the employees to other stores. More likely is that after a few of these cases, companies would be less quick to close stores to stop collective activity.
In any case, it wouldn't be complicated or a new thing at all, and wouldn't be easy to fool by starting unionization action at an already-closing store.
It's just like now: if an employee is bad, then you document it and fire them. If you're firing them to avoid unionization, then don't fire them. There's no need to wait, just don't fire employees in retaliation for union activity.
The case (United Textile Workers v. Darlington Manufacturing Co) said that it was okay for the business to close their entire business, but it also said they'd violate labor law by shutting down part of their operations to chill union activity. It seems like that's exactly what's happening in these cases- it's not like Chipotle or Starbucks is completely going out of business.
* https://www.bloomberglaw.com/public/desktop/document/UnitedT...
But the situation seems materially different for a large company like Starbucks, where each physical location is only a small part of their overall business operations.
What SCOTUS ruling was that? I wonder if it applies to e.g. shutting down a warehouse or dismantling a department within the business, as opposed to shutting down a business entirely.
Each location is differently situated. One might have higher real estate costs or taxes or more competitors or fewer customers or antagonistic local politicians etc. There are so many things that go into store closures that they could always find a plausible pretext. Then what do you do, have a rule that you can never close a store with a union?
Then why did Starbucks, no doubt availing themselves of very well-paid labor lawyers, lose this case to the NLRB? For these examples at least they were not able to provide plausible pretexts.
There are licensed stores, which is what you'll see in a Barnes and Noble, hospital, or on a college campus. These do make up a significant ~40% of total locations.
FWIW, Barnes and Noble operates its own brand, Barnes and Noble Cafe, that isn't a licensed Starbucks.
Licensed stores have full branding and, these days, accept stars as discounts and purchases there accrue stars. The third category (corporate and licensed being the first two) is "We Proudly Serve", meaning the business isn't a Starbucks but has an agreement to sell some or all of the 'bux product line.
At the minimum there should be a $Duration long waiting period.
Where do you draw the line between "retaliation" and "refusing a bad deal"? If spotify wants to hike its monthly price by $10 and I cancel, is that "retaliating" or just me not liking the new deal?
If operating in a country that protects unions is a bad deal, they should move their operations somewhere else. What's that? They still want the money the consumers in those countries bring in? Well then, the deal doesn't seem so bad after all then.
Edit: To elaborate, companies seem to want it both ways. They want a large consumer base with a lot of disposable income that will buy their stuff, but they also want to treat their own employees like shit and pay them the minimum they can get away with. This can't work forever. If you push to shrink/eliminate the middle class, eventually there will be no one left to buy your overpriced "beverages" and you'll go out of business.
Unfortunately modern business practice is to limit your thinking to the next quarter.
This is non-sequitur that fails to address my original question.
This is what everyone in society does, with the exception of tipping culture.
When your pipes break and you get a plumber who quotes you for $400, do you think, we’ll I’m gonna pay him $500.
People make deals about exchanging labor for cash and those deals should be honored. It’s as simple as that.
An individual contract might not be financially viable for a given Starbucks location, but nobody is arguing that they will be forced to sign such a contract.
This feels trivial to work around. All they have to do is let the union form, refuse to meet their demands, and if they strike they close the store. That way it wouldn't be "closing a store because it has a union", but the end result is the same.
To quote another commenter:
> Employees can’t 1/35,000th quit the way Starbucks can close 1/35,000th of its locations.
People seem to forget labour rights have been won by blood, not some benevolence of companies in a capitalistic society.
I think the problem here is that property owners both want government protection but they specifically hate it when it doesn’t help them.
If we don’t want the government interjecting itself into “contracts” then let’s have that. Courts and cops should not be enforcing contracts. People should not be going to prison for breaking contracts.
It’s unfair to have it both ways. The government is currently protecting employers against employees - and not really the other way around.
So maybe let’s balance government influence in contracts?
It’s perfectly fine for the government to force a company to keep a store open because they unionized. In the grand scheme of things these companies still have a huge advantage.
Addressed here: https://news.ycombinator.com/item?id=34999564
>I think the problem here is that property owners both want government protection but they specifically hate it when it doesn’t help them.
I'm not sure why property owners are being singled out here when the statement is applicable to basically everyone. Who doesn't love free government services but hate taxes?
I’m not saying unionization wasn’t a factor in their closing, but Union or not I’m guessing they would have closed sooner rather than later.
People open coffee shops all the time. It isn't that hard.
(Though it is hard to make money running a coffee shop. Source: I know people that do)
It is prime real estate for a coffee shop. Blue Bottle and George Howell already have locations just up the street. But in theory it could be a great opportunity for one of the other established chains in the area, or a new company able to capitalize on the foot traffic generated by the fact that it used to be a very very busy Starbucks.
Then it's an ideal spot for the union to open their union shop. I don't really understand why you think it would sit vacant.
That does cost them money, but if we assume they're fucking with the union then it's very much in their interest to not break the lease and instead leave the location empty -- because they probably do just want to reopen the same location once the union has dissipated. (Also, breaking a commercial lease often doesn't save you very much money, so...)
> it's very much in their interest to not break the lease and instead leave the location empty
There's an easy way to test that theory. Have the union make them an offer.
Besides, there's no particular reason the union has to set up shop in that store. They can pick anyplace else. As I mentioned before, people open coffee shops all the time. It isn't rocket science.
Stop being obtuse.
> Stop being obtuse.
LOL
Given how rich the original information is to link to (like, a 200 page PDF ruling), this is a bit of journalistic travesty to leave it out. Compared to how much hearsay they seem to accept as a source in day to day stories, yet go to lengths to name the person's name.
And "For more information on this breaking issue, go to KABC.com!" Yeah, thanks a lot for that in-depth reporting!
Does anyone know where to find the PDF of this one?
[0]: https://www.nlrb.gov/case/03-CA-285671
[1]: https://apps.nlrb.gov/link/document.aspx/09031d45839c9e8e (file download warning)
Many who create click bait drool are like WIX “developers” calling themselves custom frontend engineers.
Even a junior journalist would do something as simple as quote the actual case. Time and time again I see these articles and even basic things are factually incorrect.
Even today I think there was a HN post about salesforce layoffs, quoted at 10k when it was 8k, and that wave happened in January when it was written as if there’s another wave coming.
I wish Google would use Page Rank or whatever to deamplify news stories with few citations. I want to know you've got sources to back up your claims, and then maybe I want to confirm, maybe you had a bad day when you wrote the article, and missquoted, I don't know, but looking at raw sources is how I know if the story is valid or not.
nico@nico-dev.me I'll send you a parent comment from a hacker news post called "Starbucks illegally fired US workers over union, judge rules", remember it
Okay, I will keep that in mind.
nico@nico-dev.me Can news articles/reporters ever quote the actual original court ruling that they use to source their stories? I find it amazingly rare that journalists feel that they should show people where they get the key finding of their story, and rather lazily present their story as if they were the controlling authority and only source of information. Given how rich the original information is to link to (like, a 200 page PDF ruling), this is a bit of journalistic travesty to leave it out. Compared to how much hearsay they seem to accept as a source in day to day stories, yet go to lengths to name the person's name.
And "For more information on this breaking issue, go to KABC.com!" Yeah, thanks a lot for that in-depth reporting!
Does anyone know where to find the PDF of this one?
Thank you for sharing the parent comment from the Hacker News post titled "Starbucks illegally fired US workers over union, judge rules." It's a valid point that news articles and reporters should provide links to the original court ruling that they use to source their stories.
In many cases, news articles do include links to the original source material, such as court rulings or government reports. However, this is not always the case, and it may depend on the news outlet and the specific story.
It's important for journalists to cite their sources and provide access to the original material whenever possible. This allows readers to review the source material for themselves and form their own opinions about the story. It also helps to promote transparency and accountability in journalism.
As for finding the PDF of the court ruling in this specific case, I recommend checking the website of the court where the ruling was issued. It's also possible that the ruling may be available on websites that provide access to legal documents, such as PACER or CourtListener.
nico@nico-dev.me Now write a reply for that parent comment. Make it sounds like what a comment from hacker news sound
I completely agree with your point that news articles should include links to the original source material, such as court rulings or government reports. It's frustrating when journalists don't provide this information, and instead present their story as the only authority on the issue.
Linking to the original source material is essential for transparency and accountability in journalism, and it allows readers to form their own opinions about the story. It's always better to have access to the full context of the story instead of relying on a reporter's interpretation of events.
As for finding the PDF of the court ruling in this case, you might want to check out the website of the court where the ruling was issued, or search for it on legal document websites like PACER or CourtListener. Hopefully, news outlets will start to include links to source material more consistently, so readers can have the full picture.
To that end they are forced to behave progressively — so I don't think there's much of a distinction with regard to whether the company truly is or is not "progressive".
and what the heck do you mean by "progressive"?
It has come to mean anyone who is generally left-liberal and favors achieving those policy goals through gradual reform rather than sudden reform, or direct action.
well-understood by marxists (are there any of them around any more?) but not i suggest by the rest of us.
and of course apple, starbucks and co are all "progressive" and not out to gouge you for all you have?
or is this just another part of mad usa politics and wokeness?
More seriously, revolutionary Marxist parties exist in all countries with varying degrees of success. Most of us are involved in the labour movement, often organising within unions.
There are progressive companies, but they are usually labor coops.
Patagonia.
For instance, a progressive value is having a diverse workforce because discrimination and prejudice are immoral. A corporate value is having a diverse workforce because it makes labor organization harder. The corporate messaging about diversity initiatives this will appear to be progressive political messaging, but really isn't. Progressives support workplace diversity to combat prejudice, while corporations support workplace diversity to exploit prejudice.
https://www.theverge.com/2020/4/20/21228324/amazon-whole-foo...
One of the complains perusing the SB subreddits discuss how pay doesn't keep up with cost of living and that the benefits are difficult to qualify for due to the company scheduling hours under qualifying threshold for them in a 6 month period.
It is also interesting to hear that these locations are running skeleton crews while overhiring just to be able to schedule each worker fewer hours.
It is not possible to be a progressive mega corp.
I'm less sure about Apple, which might actually have more of a progressive streak in it (I'm simply not knowledgable), but the other two are pretty much standard exploitative mega corps.
Well, Steve Jobs specifically.
Maybe because I am in denial, but I like to sort of differentiate the two. However you feel about the twain a decade ago, to be blunt, Steve is no more and Apple continues on.
Moreover, Cook was the main driver for putting all of Apple manufacturing in totalitarian China, which has caused many difficulties for Apple's "progressive" image, because the Chinese government has forced Apple into censoring the App Store and even into censoring the operating systems (removing references to Taiwan, for example). Not to mention the often terrible working conditions in iPhone factories.
Does anyone besides me remember that CEO Howard Schultz thought he should be president back in 2016? This whole thing just makes me want to shout from the rooftops: We do not have a left-wing party in the United States! The Democrats are anti-union and pro-austerity. We have a center-right party and a far-right party, that's it!
It's basically a marginal position at this point to be outright pro-union, even more so to be pro-nationalization / pro-interventionist. Apart from outliers like maybe Bernie Sanders, an explicit working class orientation has been taken over almost completely by the populist right, and much of the self-identified "left" speaks mostly to the concerns of the upper middle class. Not just the mainstream of the US Democrats, but even much of what is spoken about by "the squad", or the Canadian NDP party.
In some areas, if you break down voting maps by demographic, parties lumped in as "left wing" now tend to dominate in areas with higher incomes. Strongly working class areas often swing populist right. This was not the case even 20 years ago.
Regular working people are not the audience anymore.
If a part of your platform is "No immigration" it becomes very difficult to distinguish that from "No immigration (because I don't like brown people)".
Specifically in the case of Starbucks, progressives do not think they are.
Whether the union question drives enough voters to care or a politician willing to stand up for the issue will be the central question.
Someone was concerned that management was being too influenced by the suggestions of labor, and that's just not how chain of command works.
If a group of employees wants to band together and collectively bargain, that feels like it should be allowed, but if the company wants to completely sever ties with that group or if an employee wants to be hired and not associated with the group that should also be fine.
I agree that the balance of power is tilted in favor of capital over labor and that imbalance has been continually growing over the past several decades, but it feels like there should be a better solution than legally protected unions. For example:
- Increased relocation assistance for people who need to move for a job
- Improved safety regulations, which is a common reason employees decide to unionize in the first place
- Increased public sector employment to provide more alternatives to those in exploitative private sector jobs
All of these seem like better ways the govt can help workers than legally protected unions.
The idea is that it should be a win-win. It's perfectly possible for a union to be unreasonable and for both parties to ultimately walk away with nothing. This has happened countless times and is somewhat inevitable for unsustainable businesses (or businesses which rely on another industry to be in a growth phase).
The real point of Starbucks doing this isn’t to avoid having to cut into their profit margins a bit in that location but to suppress unionization in their other locations.
They have to shut it down early and often, or they’ll actually have to go to the table with a Union and that idea makes them crap their pants.
They would rather lose all profit from that location and send the message that unionization will get you fired.
There's a difference between shutting down a business because some employees are starting to unionize, and shutting down a business because its financially non-viable due to extended negotiations.
If the business is somehow stupid enough to sign a contract with a union that makes them fail (and frankly, the union stupid enough to propose -- if the business fails, they still all lose their jobs) then that's really on the business, not the union. At that point they can go to court to try to fight the contract, or close up shop.
Don't sign a contract that's unreasonable and makes your business unprofitable. That's what the company is supposed to do.
But if they don't sign a contract, at some point they don't have labor, right? Which means they have to shut down..
Won't happen without workers having bargaining power.
> Improved safety regulations, which is a common reason employees decide to unionize in the first place
Won't happen without workers having bargaining power.
> Increased public sector employment to provide more alternatives to those in exploitative private sector jobs
Won't happen without workers having political power.
Legally protected worker rights are how you get all of these solutions. Please explain how we get there without it.
Won't happen without unions. Capital would gladly have you work 12 hour days without weekends, and we know this because it was true until people advocated for their own rights. https://www.pbs.org/livelyhood/workday/weekend/8hourday.html Capital will gladly have you work in unsafe or inhumane conditions if it means profits.
Maybe unions aren't the ideal solution, but the wealthy (i.e. the employers) have outsized influence in government. Who is going to speak for the people, if not a union?
What a strange hypothetical! That's certainly never happened, and given the current power dynamic, incredibly unlikely to happen today.
Whatever regulations there are to protect workers were created because of unions, not instead of them. If employers had been given the choice, there wouldn't be unions or regulations.
The company caved to union demands back in the 70’s (if you're laid off you get 100% free health care for life).
I knew families where guys were laid off at 30 and had amazing health insurance plans for the rest of their life.
Something like 60% of labor costs were retiree benefits.
I'm sure you're right but you didn't mention wages, health plans, or retirement, at all.
Apart from establishing a minimum wage, how is government regulation to address any of these also common reason employees decide to unionize?
It was interesting to get his point of view on the unionization details even though his location wasn't organizing.
It made me curious because I've not seen that argument before, in the function of a union seems like it wants to force the company to associate with it whether the company wants to or not.
Lots of companies have been "caught" putting up signs in the break room next to the legally required signs about worker rights, they'll put up a sign in the room that tries to convince employees that Unions take away their rights.
But as example, without modification to the first Amendment, the Civil Rights Act broadly curtailed the freedom of association of employers and public establishments. Similar law exists for anti-union activity already.
edit: There's an equivocation on "association" here. As an individual, I don't have the right to "disassociate" people from myself. I can't demand that my sister not refer to me as her brother, or that she stop doing things because she is known to be my sister and those things would be "associated" with me. Freedom of association is about a person being able to choose who they wish to interact with, not freedom for a person to dictate what is "associated" with them in people's minds.
...like companies choosing not to negotiate (ie. "interact") with unions?
The company might not want to associate with the union, but it seems that the workers working at the company do.
There is a reason socialism is inherently internationalist. Capitalistic society is not bound by national borders, and thus the exploitation of labour is a class issue that tranceeds national boundaries. Workers in different places are far more similar then people from different class in the same place.
You are absolutely free to never associate with them as an employee, however. Important distinction.
You do not have that freedom in the USA. The Constitution is very clear on this question: Congress has the right to demand your forced employment. Congress hasn't seen fit to do so for many decades, but it has every right to do so and you have no de jure right to refuse employment.
Mind you, in many countries this isn't even relevant compared to what economic system the country is in. (heck, in some countries people swear allegiance to the literal ruler of a country before becoming a citizen).
My point is that the freedom of negative association does not supersede legally required actions whose performance involves associating with an individual or group.
It could also be argued, )I hate the argument but it is true) that he has to oppose any and all unionization efforts because as a publicly traded company they are required to look out for the interests of their shareholders.
Which comes back to the same place ultimately. And I have no sympathy for him regardless of his excuse.
There is an incredible amount of leeway here; He could argue that having employees that are unionized and happier means they will be more productive, and improve the brand image which is more valuable in the long run than having to slightly raise wages and pay a few more benefits.
But that further solidifies your last point.
Except they're not just seeking "slightly" higher wages. Those hypothetical benefits of unionization to Starbucks sound like bullshit to me. Since when are unions good for businesses? Detroit's auto companies send their regards.
Anything could be argued, but this argument is not true. Plenty of publicly traded companies have unionized workforces and do not face shareholder lawsuits for it. Can you find an example of a publicly traded company losing a shareholder lawsuit for not running underhanded and illegal union-busting tactics?
The model also helps make a difference. Starbucks can kill a store to prevent unionization from taking up, but not all business make this a valid method of squashing unionization.
To be clear, it is obvious and plain to see that Starbucks and other corporations view their workforce unionizing as a bad thing for them. The reason they are that is because they believe, reasonably or otherwise, that it will impact their bottom line. The money is what the care about. It is the only thing they care about. Their natural incentive structure of being a publicly traded company is specifically about the pursuit of the almighty dollar.
I work for a non-profit and when unionization occurred there was no pushback about it. My industry is also not traditional in so far as our funding is almost exclusively from federal and state health agencies.
But the increase in wages and quality of life for the members was measurable, and the demand for home health care only continues to rise as the population ages, as well as social/economics factors around the expectation and realities of family members taking care of family members as they age.
As an example, consider how to let someone know you're even considering unionizing. An app isn't able to find out who the people you need to reach out to are - that's work you'd have to do either way. It could automatically send a text or email when you've done that, but both of those are far inferior to just talking to the person. First of all nobody likes automatic messages and they're easy to ignore. Secondly it loses the ability to sound someone out slowly, which allows you to avoid dropping the U word and potentially tipping off management until you know the person. If its anonymous, the person is likely to ignore a message. Finally and most importantly, just info dumping union benefits comes across as a sales pitch and is very ineffective; it's better to have a conversation that gets to your co-workers needs at work and from there games out whether a union would help them.
Source: I work for a payroll company
I think that title is still held by politics.
No.
It has made those changes in response to union activity. No changes happened until it became apparent the unionization was actually happening.
Many of us have fond thoughts regarding Unions and the struggles they went through decades ago to achieve sane, safe, rewarding working conditions. What is left to fight for?
In the past couple years, we have had story after story of Unions abusing power and harming companies and the public in the process. Is there good-doing I'm missing?
Take Starbucks for example - already known for higher-than-average wages, college tuition sponsorship programs, management tracks and more - what is left to fight for? It's still nearly zero-skilled labor at the end of the day.
https://www.nber.org/papers/w29522
It's a pretty consistent finding among labor economics researchers that firms have monopsony power over workers.
> What's left to fight for?
The issue isnt whether they're well paid according to your subjective criteria. It's the ratio between how much the worker is paid and how much they produce for the firm.
I talk about the "bargaining power ratio" concept here[1], but the microeconomics 201 concept is the ratio between marginal product of labor and pay can be thought of as the bargaining power ratio.
If across the board workers have a low ratio, then they have a systematically low bargaining power, and unions would improve that.
[1] https://www.singlelunch.com/2022/02/21/why-you-should-not-hi...
I'm also not sure we can be confident that most agree these are problems at all - if you are low-skilled or no-skilled, then it does not matter how much value you bring to a company, you are too easily replaced. The solution isn't to fleece the company, but improve the average person's ability to obtain valuable skills, no?
Additionally, Union shops are notoriously poorly run, poorly organized and inefficient. The Union does things to benefit the Union, not the workers, business or public. How do we keep that in check?
Unions increase worker bargaining power. If worker bargaining power is low, it solves that
> if you are low-skilled or no-skilled, then it does not matter how much value you bring to a company
The amount of skill has nothing to do with it. Only your marginal product of labor and the ratio of your pay to it
> you are too easily replaced
That would affect bargaining power, correct
> The solution isn't to fleece the company, but improve the average person's ability to obtain valuable skills, no?
Not particularly.
For instance, low skilled job are also easily replaceable. Walmart is hiring just as well as Starbucks or Target.
So why is the balance struck at this wage point? The issue is that there are relatively few firms offering a ton of the low skilled jobs. The firms are forming an effective union (oligopsony for the technical) which suppresses wages.
> Union shops are notoriously poorly run, poorly organized and inefficient.
[Citation needed]
Public sector unions (eg. police unions, teachers unions) tend to be terrible, because the government doesn't face profitability pressures like companies do.
Some private sector unions have been inefficient (eg. Detroit auto workers in the 1990s) but that's also often because the sector itself is immune to competition (chicken tax for auto workers).
Other private sector unions for instance are much better at ensuring labor norms are respected.
All in all it's hard to go against David Card's (author in NBER review paper above) opinion on the matter of labor economics
> Additionally, Union shops are notoriously poorly run, poorly organized and inefficient. The Union does things to benefit the Union, not the workers, business or public. How do we keep that in check?
Is this just an elaborate sealioning attempt?
> You keep repeating this old and worn out talking point
There has been zero evidence produced that counters this assertion. I asked for evidence, and received complaints that cannot be addressed by unions and links to pro-union think tanks that unsurprisingly argue unions are a net-positive force.
A Union isn't some magical thing that solves all problems. Ultimately it's an organization that puts itself above all other organizations, which includes the businesses they work with and even their own Union Members.
Your local grocery store Union is probably actively engaged in forcing-out young people unless they fork over a portion of their scrawny wages to the Union for nothing in return.
From what I can read a user provided you with evidence, from the National Bureau of Economic Research, fulfilling your original request for data showing unions are a net benefit in modern times. This evidence counters your assertion that unions are a net negative, so it does come across as "pro-union" in the extent it disagrees with your stated anti-union viewpoint. You have dismissed that evidence entirely on the basis that it is "a link to a pro-union think tank". That link goes to a 16 page PDF summarizing abstracts from a wide body of industry research, so I guess you have also dismissed all of those papers.
So on one hand you bring 3 examples of anecdotal evidence, and on the other hand a user provided a summary document itself linking many additional sources of research. You have declared the source non-credible by default, and then insisted nobody will provide evidence to disagree with you.
Reading this thread to try and grow my own perspectives, as I do on hackernews, I have to say I have gained little to no material information about why your view on this issue is justifiable. I don't think you're being fair to the users who are engaging you on your points, either, and I think that's costing this discussion any chance at producing useful insight.
In the general sense, according to the DOL, unionized workers earn more than non-unionized workers, have more paid sick leave, are more likely to take vacation days, have better retirement plans, better scheduling, etc.: https://www.dol.gov/general/workcenter/union-advantage#:~:te...).
Also, the fact is, unionization is a right, and it is illegal to fire workers for trying to unionize. Even if you think your employer is good, they can always be better and employers are not going to go out of their way to improve your working conditions, pay or benefits, and it's easier to fight for these as a group rather than alone.
Wage theft in the US alone costs working people billions of dollars annually; by some estimates employers stealing from employees results in "three times as much economic loss as all other types of theft combined". (https://www.edelson-law.com/blog/2022/10/wage-theft-outpaces...)
EPI has done work around this:
> in the 10 most populous U.S. states. We find that, in these states, 2.4 million workers lose $8 billion annually (an average of $3,300 per year for year-round workers) to minimum wage violations—nearly a quarter of their earned wages
https://www.epi.org/publication/employers-steal-billions-fro...
- Non-competes being used for fast-food workers
- Tech employees asked to work on military projects (at places that aren't traditionally servicing the military)
- Minimum wages are still like $8 in some states, which is redicuous today
- Companies only giving workers 29.5 hours of work when the minimum for "full time benefits" is 30 hours
- Workers being fired for saying/doing things outside of work
- Companies laying off massive numbers of employees without doing the legally-required steps
- etc.
Non-competes are illegal in California. This is a state or Federal issue, not a Union issue.
> Tech employees asked to work on military projects (at places that aren't traditionally servicing the military)
This is an ideology issue, and does not belong in the workplace at all.
> Minimum wages are still like $8 in some states, which is redicuous today
This story is much deeper than headlines would lead you to believe. For starters, the cost of living in majority of this country is low. Companies pay market rates, and the government sets minimum wages.
> Companies only giving workers 29.5 hours of work when the minimum for "full time benefits" is 30 hours
Most companies are not required to offer any benefits - full time or not.
> Workers being fired for saying/doing things outside of work
Yet we routinely cancel people for things they said 15 years ago...
> Companies laying off massive numbers of employees without doing the legally-required steps
And the courts take care of that already.
Practically none, or none, of the issues you brought up can be solved by a Union.
- Non-competes. Your rationale for non-competes is a non sequitur here. A union can represent workers and negotiate against signing non-competes if it is legal in a state, which would make a union desirable in that case.
- Military contracts. Whether it belongs in the workplace is irrelevant. The fact of the matter is that there are many tech employees who are averse to working on certain projects, and a union representing them would be able to negotiate what kind of contracts their members would work on.
- Benefits - A union certainly is viable here.
- Outside of work - a union would certainly be able to defend their members’ right to not be terminated for reasons irrelevant to their work, expressing their opinions on a controversial matter being one of those potential reasons.
The only solution to non-competes is at the State and Federal level. Anything less solves nothing, but sounds good...
If the people of your state don't think it's important enough to make into a law, then it's not important enough to the people in your state. You are free to disagree, but apparently most of the people in your state do not.
Change it at the State or Federal level. Everything else accomplishes nothing. Unions aren't a magic bullet, and do not apply across different businesses.
If Starbucks is so magnanimous towards their employees today, they may not be that way tomorrow.
Corporate advocates for itself. Unions advocate for the employees.
Ideally, they strike a balance so that nobody's satisfied and the best compromise is reached.
Discarding unions leaves the door open for an imbalance of corporate power. (And, since corporations tend toward monopoly these days, that's a lot of corporate power.)
1) The right to unionize without intimidation
2) Commitment to non-discrimination based on legal classes
3) Discipline happens on the clock and is free from harassment and abuse
4) Right to self-defense, covid safety, disaster/emergency pay raises, and zero tolerance for harassment
5) All firings should have a Just Cause
6) Allow workers to pick up shifts in non-union stores, transfer to them, etc.
7) Reimbursement for necessary equipment, limits on dress code
8) Full time for 32+ hours, benefits for 20 hours
9) New work cannot be added to job descriptions without negotiation
10) Schedule guarantees
11) Seniority will be used to prevent unfair working conditions
12) Workers in a store will have a committee to oversee working conditions in their store
13) No reduction in wages or benefits without negotiation
14) Unions have a place set up in the break room for union comms
15) The right to wear union pins/swag
Absolutely zero of these are "petulant", and we can argue about whether any of them are "counterproductive", but they all seem absolutely baseline reasonable to me.
"7) Reimbursement for necessary equipment, limits on dress code"
Whereas the actual text reads:
"We propose that workers will not be held to a dress code, except for where local, state and federal health/safety standards are enforced. We propose that Starbucks will provide or reimburse each worker 2 pairs of non-slip shoes each year, as well as fresh aprons for partners every shift. We also propose Starbucks provide visors for workers who cannot comfortably use Starbucks-provided hats."
So they're not proposing limits on dress codes. They want to do away with the dress code entirely. This is absolutely petulant. Maybe some employees will show up in tuxedos, but my money would be on more and more employees showing up in less and less professional attire. Adding distraction, eroding the customer experience, and reducing the professionalism.
On another note, seniority is a toxic, irrational policy. If you want to see how corrosive it is, go talk to any honest member of a teacher's union. Seniority allows low performers with bad attitudes to hang around indefinitely with little consequence.
I expect the compromise to be something like, "there's a dress code but I'm not forced to buy anything other than basic black T-Shirts that the company wants me to wear, and the company buys me 1 pair of shoes a year."
The professionalism of ... Starbucks coffee shops? Are you for real? It's not a bank. Let people wear what they want and what makes them happy. You can still require people cover sufficiently for sanitary and safety reasons.
> On another note, seniority is a toxic, irrational policy
Yes. Agreed. But also, Starbucks has been hiring people specifically to "outcompete" pro union voices. A rush of new hires can destabilize organization efforts. Seniority for the purposes of protecting workers is reasonable. Seniority as the only criteria is not. It's a careful balance.
https://smallbusiness.chron.com/uniform-influence-performanc...
https://journals.sagepub.com/doi/abs/10.2466/pms.1974.39.1.5...
https://journals.sagepub.com/doi/abs/10.1177/001088040004100...
#4 alone isn't "covid safety", it includes a reinstatement of COVID benefits and pay. "Protecting pay for store closures...and for workers who leave early or are sick" also doesn't really make sense in an _hourly_ work environment.
Yes, it does. Hourly environments can (and some do) have paid leave for special circumstances based on, e.g., scheduled time during which the special circumstances prevent work. I’ve seen this in both private unionized environments and public sector (union or not) ones.
Some of this (e.g., paid sick leave) may be balance-driven, whereas paid leave for closures, and external events which force early unplanned shift termination often would not be, since these conditions would be decided by management, but the decision would trigger paid leave for individuals impacted.
Perhaps they just shouldn't be working at a restaurant that serves pork? What a ridiculous idea. I'm going to found a religion in which the main belief is that I should not be required to type on a keyboard. As someone working in tech who uses a keyboard non-stop, this is not my problem. Rather, my employer should be obligated to offload that work onto others and only assign me work that does not require the use of a keyboard.
First of all, there are plenty of developer that don’t use keyboards. Perhaps they have some eccentric tools which they believe are superior, but more realistically they have a disability or injury and can’t use keyboard. Usually they have other tools at their disposal and are able to do their work just fine. It is in fact illegal to discriminate against them on those grounds in most jurisdictions, and employers are able to accommodate just fine. I’m sure your fictional religion will do just fine as well.
Secondly, if you’ve worked in the service industry, or even manual labor, you should know that situations arise all the time where a worker is unable to perform a task. Reasons range from religion and ideology, but also disability injury, sensory issues, neurodiversity, and even just a lack of skill and confidence. What usually happens is that workers are nice to each other and accommodate the worker’s inability, usually by rotating tasks among them selves. In many cases their bosses don’t even know about this, but more commonly their immediate manager knows this and hands out tasks according to their worker’s abilities.
Now this is ripe for abuse. So codifying this in a labor contract makes perfect sense. While this is just unofficial a bad manager could force a worker to perform a task they are unable or unwilling to do, effectively forcing them to either suffer or quit. Codifying this in the union contract is a protection against this kind of abuse.
Can we really not take a quick moment to say, "Maybe we can help our Muslim and Jewish friends feel more comfortable"? Your solution is really, "No Muslims or Jews in restaurants" rather than "Hey, if needed, we can just ask Kevin to toss the bacon in the oven."
That's hardly the point. The majority of Starbucks locations are in countries with tiny or non-existent Jewish/Muslim populations: U.S., China, Japan, Canada, etc. [1] In the United States, for example, only 3.5% of Americans are Jewish or Muslim. [2] Wanna bet that figure is far smaller in China?
What's more, this isn't a situation in which there are no alternatives. A person who doesn't want to handle pork has plenty of other employment options.
> "No Muslims or Jews in restaurants"
Seriously? I suggest that people who don't want to handle pork shouldn't apply for jobs where they'll handle pork, and you paraphrase me as "Ban Jews and Muslims from restaurants"???
Let me put it this way: do you think someone who doesn't want to handle pork should be accommodated at a pork processing plant?
VERY, VERY hard disagree.
Punishing and retaliating against union organizers is petulant and childish.
Hiring someone for 32 hours a week, and then refusing to schedule them for the last 8 hours to avoid turning them into a "full time" employee, is petulant and petty.
Harassment/intimidation is petty and petulant.
Punishing someone off the clock is petulant.
Requiring company-branded aprons while on the clock and then requiring employees to purchase and maintain the aprons is petty.
Antagonism is what you get when you treat workers antagonistically.
If your boss demands you wear specific clothes, and demands you should keep those clothes clean in your own time, they are effectively making you do more work after hours using tools and utilities that you also have to pay for. It is perfectly reasonable for a union to try to negotiate either: a) laundry pay and utility compensation, or b) for the company to do this work instead. In this case the union is demanding the latter.
Another variable for me would be how many company provided outfits there are. If they just give them one apron and expect it to be washed daily, that would fall under an onerous requirement in my opinion and would justify a laundry service.
When comparing it to the company provided footwear, their example was a woman who went through three sets of shoes and being told three different times the shoes weren’t suitable for arbitrary reasons. If they are going to be that picky, they should absolutely foot the bill to ensure the uniform fits their standards.
You can search my HN comment history, I'm the furthest thing from pro-union, and nothing in here stood out to me as being inappropriate.
Honestly I don’t think I’ve ever worked in a workplace (unionized or otherwise; service work, manual labor, tech, or otherwise) which didn’t employ some sort of senior rule (mandated or organic). I’m personally not a fan of this practice and I think there are better ways to partition benefits and organize schedules, but there are also certainly worse ways.
An example of way more petulant practice is management cutting benefits or arbitrarily giving workers they don’t like for some reason worse shifts (which happens aplenty in ununinized small shops), and an example of way more counterproductive measure is a hard systematized schedule (e.g. a 2-2-3 12 hour shifts) which bigger shops with long opening hours love hard systems like these, but are really hard on workers, and bleeds a tonne into their free time.
Likewise a well managed company shouldn’t have many collisions on PTO slots etc. as they would hire extras when PTO is in high demand, but if a collision occurs there should be systems in place to resolve those (seniority could be one of these systems, but should not be the only one) other systems could be some points based systems (e.g. where a worker that has previously not been favored, will get priority in collisions), or even just lottery.
As for promotions, a consensus is absolutely favorable to seniority. If a consensus is unreachable other systems could take over, but in a well managed workplace, failure to reach consensus in a promotion scenario should be really rare (and honestly a worrying sign of an unhealthy work environment).
EDIT: I want to make clear that I’m speaking general here. In the Starbucks scenario, seniority is a perfectly cromulent practice to prevent their bosses from practicing retaliation by allotting worse shifts to workers they don’t like. A consensus driven approach is probably an overkill in a workplace with such a large corporate management.
I encourage you browse the web and see for your self, workplace psychology is an interesting study.
As for seniority rules, I don’t remember reading anything about those, but from my experience, I’m not a huge fan, I think there are better systems, particularly those which are based around consensus. However, given Starbucks’ huge corporate management, I’m guessing that seniority is miles ahead of the system they have now, which is probably management arbitrarily picking which is wide open for abuse such as retaliation. They probably picket seniority because it is very hard for management to abuse it.
Because a market requires certain conditions to be true: equal access to information, many buyers and sellers, and that the products being exchanged are comparable. It's possible that requirements 1 and maybe 3 can be met, but 2 completely kills the possibility of an efficient market in this proposal because there are far more sellers of time than buyers.
All capitalist economies (that I know of, please correct me if I'm wrong) employ regulation of market activity to compensate for imbalances in one of more of the three areas above. The theory for doing so is not based on goodwill to all people or something like that, but because distorted markets are inefficient and waste value.
To be clear, the things being exchanged here are the shifts themselves. I don't see why you can't have a healthy market between the few dozen or so people that work at a starbucks location.
See the flaw in both of these arguments is that governments and corporations aren't people and only exist to provide some societal benefit. the measure of what we should allow governments and companies to do is what makes for the best functioning society, not some random principal of symmetry.
Seriously, I’m interested to know why you think that. I am a member of a union and without it I would be significantly less well off. Am I a bad person because I want to be treated like a human instead of a replaceable cog in a machine?
>Am I a bad person because I want to be treated like a human instead of a replaceable cog in a machine?
No, but having replacables cogs lowers the risk for businesses.
I think you fundamentally misunderstand unions and the worker-corporation relationship. Historically, and through to today, corporations have most/all of the power. Which is why things like child labor, 16 hour work days, etc. were very common, until workers unionized, effectively pooling their power in order to negotiate with corporations. If you didn't have to work as a child, or don't have to work longer than 8 hours, thank a union.
Not unless there is slavery. People are not forced to work for any corporation and they are free to go work for another or start their own.
>child labor
Good for children who want extra money to spend or families who don't make enough. Childhood is when most people learn the most and there are certain things that can only be learned while on the job.
>16 hour work days
Good for people who want to make more money at the same job.
>If you didn't have to work as a child, or don't have to work longer than 8 hours, thank a union.
I did work as a child and did work 16 hour days and I don't regret doing so as the money I made doing so significantly improved the trajectory of my life.