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Source: FingerLakes1 | Image Source: NY Daily News
Today, Governor Hochul’s Department of Health failed to designate COVID-19 as a continued risk to public health, which rolled back worker protections required of the NY HERO Act across the state. Unions responded to rollback of NY HERO in force. Members of the New York Essential Workers Coalition, a statewide group of over 75 labor unions, worker centers, advocacy groups, and community organizations that won the fight to pass NY HERO last year, have called for an investment of $50 million in the Department of Labor to fund enforcement of employers’ COVID safety plans, training for worker committees, and ventilation upgrades for small businesses.
On Wednesday, the coalition held a State of the Worker town hall, reflecting on the toll that COVID has taken on workers and the need for full funding and enforcement of workplace protections. Essential workers including food app “deliveristas”, laundry workers, Starbucks workers, farm workers, and journalists shared their stories of being forced to work without pandemic protections and employer violations of the NY HERO Act, and looked ahead to NY HERO worker committees as a long-term solution for workplace health and safety. A Starbucks worker from the first Long Island store that filed to unionize with Workers United, shared that worker committees would give workers a voice, a happier and safer environment, and most importantly, accountability from their employers. And a delivery worker expressed dismay that he had not learned of his rights under the NY HERO Act sooner, due to lack of state outreach.
The New York Department of Labor has received more than 53,000 complaints of unsafe working conditions during the pandemic, but many have gone uninvestigated, due to underfunded enforcement.
“With mandates lifted and NY HERO’s designation repealed, we are entering a new phase of the pandemic, but we’re not out of the woods yet. Workers are still exposed, particularly in communities of color, and they need protections whether cases are rising or falling. We must use this moment of recovery to invest in our long-term health. By fully funding the DOL, Governor Hochul can ensure that employers’ health and safety plans are sustainable and put workers first,” said Maritza Silva-Farrell, Executive Director of ALIGN NY, which leads the NY Essential Workers coalition.
“This pandemic has shown us the importance of preparedness and the need for strong worker protections. That’s why the state must meaningfully increase DOL funding for enforcement and health and safety efforts — this funding is critical if we are to ensure the agency can meet the challenges ahead. That is also why the members of our union remain committed to working together with employers to continue to create safe workplaces,” said Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union.
“WJCNY is deeply concerned about the decision to not extend the COVID designation. Today’s decision effectively ends the last line of protections low wage frontline workers have against COVID-19. The workplace protections provided under NY HERO are critical, long-term preventative solutions that will protect workers on the job and empower them to advocate for a safer workplace. Without this designation and enforceable standards in place, we are unnecessarily exposing workers to a preventable and dangerous illness,” said Emma Kreyche, Director of Advocacy, Outreach & Education, Worker Justice Center of New York.
“COVID-19 has demonstrated just how easily a new variant—enabled by inadequate safety measures and irresponsible decisions around public health and safety—can rip through communities, overwhelming schools and hospitals, putting countless lives at risk. The evidence is clear: even with vaccination requirements in place, countless people continue to suffer through the long-term debilitating effects of the virus, with countless more at risk. We must continue to do everything we can to mitigate the spread. Withdrawing HERO Act protections when so many are still so vulnerable is reckless. As unionists, we recognize that workers are most often in the best position to determine what is best for them and their coworkers, especially in situations that concern their own health and safety. The HERO Act pushes exactly that, empowering workers to assess and implement standards that create the safest environment for them to work in. Workers everywhere are ready to do their part. Being proactive in enforcing worker committees ensures decisions aren’t made without the voice of those most affected,” said Susan DeCarava, President of NewsGuild of New York.
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Source: BBC
A team of Amazon workers in New York finally win an organizing campaign against the tech giant. Workers at a New York warehouse voted 55% in favor of joining the Amazon Labor Union.
The group is led by former employee Chris Smalls who made his name protesting against safety conditions at the retail giant during the pandemic.
Mr Smalls’ victory marks a major defeat for Amazon, which had fiercely fought against unionisation.
However, in Alabama, where Amazon was facing a separate union drive, the company appeared to have fended off activists in a tight contest in which challenged ballots could yet overturn that result.
Together, the two elections mark a milestone for activists, who have long decried labour practices at Amazon, the country’s second largest employer.
Mr Smalls emerged from the vote count looking tired but jubilant, and popped open a bottle of champagne he was handed by supporters.
“We did whatever it took to connect with these workers,” he told the crowd, recounting an against-the-odds campaign that started with “two tables, two chairs and a tent” and relied on an online fundraiser for money.
“
I hope that everybody’s paying attention now because a lot of people doubted us.”
In a statement, Amazon said it was disappointed by the loss in New York and that it was evaluating how to proceed. It also accused regulators of improperly influencing the vote.
“We believe having a direct relationship with the company is best for our employees,” the company said. “We’re evaluating our options, including filing objections based on the inappropriate and undue influence by the [National Labor Relations Board]”.
Rebecca Givan, professor of labour studies at Rutgers University, said Amazon’s defeat by Mr Smalls and his team of worker-organisers was a “really big deal”, calling it a “David and Goliath story” that upset the odds.
But she warned he will be facing another tough fight when it comes to contract negotiations.
“Amazon will do everything it can do undo this success, to break up these workers and to try to stop the momentum that will inevitably come from this victory,” she said.
After the vote, Chris Smalls was instantly surrounded by supporters and assembled camera crews.
He and his team of worker organisers had struck out on their own, creating a brand new, independent labour union to launch their fight against Amazon.
Their victory was a moment of vindication for the former Amazon worker, whom the company once called “not smart, or articulate” in a leaked strategy memo.
But, as he told the crowd, it is far bigger than that.
Amazon employs more than one million people in the US and it has extraordinary influence on work practices – even outside its doors.
The company has put up a wall of resistance to unions since its inception.
With this win, activists are hoping that wall is about to crumble.
Amazon has already poured resources into fighting the unionising efforts, which it sees as an obstacle to business flexibility and warehouse efficiency.
Officials have said the company offers competitive pay and benefits and believes it is better to work directly with workers. In meetings about the vote, representatives questioned union leaders’ ability to win more in contract negotiations.
Amazon said it may challenge the results, citing the timing of a decision by the National Labor Relations Board to sue the company last month alleging unfair labour practices in New York.
As part of its statement, it shared comments by two of the country’s most powerful business lobbies also raising objections, including a letter from the National Retail Federation to congressional leaders that called for an investigation of the matter.
Mr Smalls said he was undaunted by the challenges ahead.
The 33-year-old had worked for Amazon for more than four years before the company fired him in 2020, after his coronavirus protest, citing quarantine violations.
He established the Amazon Labor Union last year, calling for higher pay, stronger medical benefits, anti-discrimination policies and better leave among other changes.
The 2,654 to 2,131 victory gives his group the right to negotiate a contract with Amazon for the roughly 8,000 workers at the Staten Island warehouse.
His team is also behind a second union campaign at a smaller warehouse in the same industrial park, which is scheduled for a vote later this month.
“There’s no doubt in my mind we’re going to be successful in that one as well,” he said.
Organisers said Amazon made critical mistakes ahead of the vote, such as pushing to reverse policies relaxed under Covid, including allowing workers to keep their mobiles with them while working.
Still they said their win in some ways surprised even them, despite the intense efforts they had made to reach out to workers and make their case ahead of the vote.
“Watching all of this come true is pretty crazy,” said Karen Ponce, Amazon worker and secretary of the Amazon Labor Union.
The union drives at Amazon come amid an upswell of labour activism in the US.
In recent months, organisers have led successful campaigns at coffee chain Starbucks, media outlets, smaller retailers and others.
Analysts say the pandemic galvanised workers worried about their safety. The rapid rebound of the economy since the coronavirus shock has also produced an unusually tight labour market, giving workers more leverage.
But across the US, just 6.1% of private sector workers belong to unions.
“It continues to be very difficult for workers to organize collectively,” Prof Givan said.
In Alabama, workers at the Bessemer warehouse voted 993 to 875 against joining the Retail, Wholesale and Department Store Union, regulators said on Thursday.
More than 400 challenged ballots have yet to be counted and could change that result.
The unofficial tally showed a much closer election than the lopsided victory that Amazon claimed after last year’s election, which regulators later declared invalid, ordering a do-over citing labor rule violations by Amazon.
Turnout was also lower, with less than 40% of the more than 6,000 people working at the Bessemer warehouse casting votes in the election.
Stuart Appelbaum, president of the Retail Wholesale and Department Store Union, which led the unionising drive in Alabama, said he was excited by the possibility of a union victory in New York.
Crediting Mr Smalls and his team, he also said their win in part reflected differences between New York – where one in five workers is unionised – and Alabama, which is a notoriously anti-labour state.
He said his union’s initial union effort at the Amazon warehouse in Alabama last year had “ignited a movement”.
“Regardless of the final outcome, workers here have shown what is possible,” he said at a press conference on Thursday following the Alabama count. “This is a sign of more to come.”
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Source: New York Post
Is your workplace a health and safety nightmare? A new quiz reveals whether it ticks all the boxes — or just stacks them in front of the fire exits. The game follows research which revealed three in 10 consider their workplace an “accident waiting to happen.”
A whopping 59 percent think their employer needs to do more to put fewer staff at risk.
And 71 percent said their desks are not configured properly, meaning they regularly suffer aches and pains.
More than half (55 percent) complain about poor air quality – reckoning they go the entire day without breathing fresh air.
A spokesman for Andrews Air Quality, which commissioned the research, said: “There’s no doubt some majorly varying workplaces across the country when it comes to health and safety.
“And while there are lots of really obvious dangers that can befall you at work, like being in a busy warehouse environment, many risks are a lot more low key.
“Things like not sitting at a properly-configured desk day in and day out, for example, can play havoc with your back.
“And air quality is also tremendously important, especially now we are in a world where Covid exists and fresh air is absolutely vital.”
Just over half of the 2,000 working adults polled have been injured at work – from a scratch to a broken bone.
And the main cause of injury risk was deemed to be mental – overworked employees at risk of burnout (27 percent).
Another 23 percent regularly work around cables they believe could be a tripping hazard, while 19 percent say they don’t get any natural light.
A further one in five have worked places that have had spillages that have not been cleaned up, and 15 percent have seen plug sockets overloaded with electrical items.
One in four respondents confess to not knowing their company’s fire policy – and the same amount have reported a health hazard, only to see it ignored.
As many as three in 10 have actually quit a job because they felt it was too dangerous, according to the OnePoll.com data.
More than a tenth (13 percent) of office workers report their office windows don’t open, depriving them of a fresh breeze.
Take the quiz here! Interested in making your workplace safer? Contact us! We can provide training, support, and even help you organize a worker committee.
Under Section 1 of the NY HERO Act, which went into effect on May 5, 2021, New York employers with ten or more employees were required to establish an Exposure Prevention Plan that met the minimum standards set forth in the industry-specific guidelines issued by the Department of Health for any public health issue with this designation. Although, for the time being, covered employers are not required to maintain an Exposure Prevention Plan, Section 2 of the HERO Act — which established new protections and privileges for employees who form joint Labor-Management Health and Safety Committees — is expected to have far longer-lasting impacts on worker organizing in our state. These invaluable protections are paving the way for a new era in labor: HERO Act Worker Organizing.
Notably, the Act established expansive anti-retaliation protections for employees who refused to come into a workplace that was not in compliance with the Department of Health’s guidelines. The guidelines laid out a number of precautions, including limitations on the number of employees allowed to congregate in a single space, mask requirements, and more. Employers could not legally terminate an employee for refusing to work under extra-regulatory conditions.
Section two, which took effect on November 1, 2021, requires employers who employ at least ten employees to allow employees to form joint labor-management workplace safety committees. Unlike Section 1, which is restricted to public health issues designated Highly Communicable Airborne Infectious Disease, Section two applies to all safety and health worker committees. There are no topical restrictions on the protections the Act confers onto workers acting in concert to address safety and health concerns.
The law provides the following protections to committee members:
These new protections are an exciting development for workers and organizers alike. The NY HERO Act’s impact on labor organizing will long outlive the COVID-19 pandemic.
Interested in forming a Health and Safety Committee at your workplace? We can help! Contact us to set up a consultation and training on how you can establish a committee to advocate for a safer workplace for you and your coworkers today!
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