Amazon is known for fast delivery. But finding out if Amazon’s warehouse workers voted for or against unionizing will take a little more time.
The last day for the nearly 6,000 workers in Bessemer, Alabama, to vote was over a week ago. But it may take a few more days – or longer – to count all votes before the outcome is known.
The vote itself has received national attention for its potentially far-reaching implications. Labor organizers hope that a victory in Bessemer will inspire thousands of workers across the country – and not just at Amazon – to consider unionizing. For Amazon, it would be a major blow to its profits and could change its business.
Here’s what we know about the mood:
WHAT DO ORGANIZERS WANT?
In addition to higher pay, they want Amazon to give warehouse workers more breaks and be treated with respect. Many complain about their tough 10-hour workdays with only two 30-minute breaks. Employees are on their feet most of that time, packing boxes, products on racks or unpacking goods arriving in trucks.
WHY IS THIS HAPPENING NOW?
Labor historians point to two reasons, the pandemic and the Black Lives Matter movement.
Employees feel betrayed by employers who have not done enough to protect them from the virus. For example, at the start of the pandemic, Amazon employees held out because they said they were not given protective clothing or told when colleagues tested positive for the virus.
The Black Lives Matter movement, meanwhile, has inspired people to demand that they be treated with respect and dignity. According to the organizers, most of the workers in the Bessemer warehouse are black.
The last time Amazon workers tried to unite was in 2014, when a small group of mechanics working in a Delaware warehouse tried to organize. But that attempt was ultimately voted down.
WHAT IS AMAZON’S RESPONSE?
Amazon claims the Bessemer warehouse, which opened about a year ago, has created thousands of jobs at an average wage of $ 15.30 an hour – more than double the Alabama minimum wage. Employees also get benefits including health, vision and dental insurance without paying union fees, the company said.
HOW ARE THE VOTES RAISED?
Since March 30, the National Labor Relations Board, which oversees the process, has been reviewing votes with representatives from Amazon and the retail, wholesale and department store union. Names and signatures were assessed, but not how those workers voted, which will be done in an anonymous count afterwards. Voters put their ballots in two envelopes to keep the vote secret.
Amazon or the union can contest those votes for a variety of reasons, such as the person who no longer works in the warehouse or has a job title that disqualifies him.
All disputed votes are set aside and remain unopened. From Thursday or Friday, the other “yes” or “no” votes will be counted. Members of the media will be able to follow that count via a live stream. Which party wins is determined by a majority of the votes cast.
WHEN WILL WE KNOW THE RESULTS?
That is still unclear. Much depends on how many people voted. The union said on Wednesday that more than 3,200 votes had been submitted and that there were hundreds of disputed votes, but did not provide a specific number. The labor council did not immediately respond to a request for comment on Wednesday evening. If the number of disputed votes is sufficient to change the final result, hearings may be held to make those votes count.
Part of the reason the process takes longer than usual is because of the coronavirus. Union elections are usually held in person in the workplace, said Andrew MacDonald, a partner at Fox Rothschild law firm.
But the labor council ruled it would be unsafe to vote in person and asked workers to vote by mail instead. In-person elections are typically faster, as workers’ council agents can check whether an employee is eligible to vote when they show up, rather than checking that each envelope is sent with votes, MacDonald said.
WHAT HAPPENS IF THE UNION WINS?
Typically, Amazon should begin negotiating a contract with New York-based RWDSU, which leads the organization of Bessemer’s warehouse workers and represents 100,000 employees at poultry factories, soft drink bottlers, and retailers such as Macy’s and H&M. But the company was able to file objections to the union, delaying contract negotiations by weeks or months.
In the past, labor experts have said employers have done everything to avoid union recognition, including closing shops or warehouses. For example, in 2005, Walmart closed a store in Canada where some 200 workers were about to win a union contract. Walmart said at the time that the demands of union negotiators made it impossible for the store to support itself.
WHAT HAPPENS IF THE UNION LOSES?
The union could sue Amazon for unfair working conditions based on the Seattle-based company’s behavior during the election to influence the outcome. In that scenario, the union says NLRB would schedule a hearing and determine whether the election results should be discarded because the employer “created an atmosphere of confusion or fear of reprisal” for employees. When that happens, another election can take place.
In cases where the labor council finds that the employer has done something extraordinary to violate labor laws, it could nullify the election results, MacDonald said.
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