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"Your termination of my employment will not stifle workers' organizing, for when you fire leaders, it only brings more people ignited into the movement," said Jennifer Bates.
Amazon on Friday fired Jennifer Bates, a warehouse worker and lead spokesperson of the unionization campaign in Bessemer, Alabama, without cause.
The Retail, Wholesale, and Department Store Union (RWDSU) described Bates as the "woman who lit the spark of the current rise of labor activism." Her termination comes as the National Labor Relations Board (NLRB) continues to investigate RWDSU's claims that Amazon violated federal labor law in order to vanquish a union drive broadly supported by local residents.
According to RWDSU, the firing of Bates also comes amid a "monthslong worker's compensation nightmare. Bates continues to suffer from crippling injuries received while working at Amazon, which she spoke out about during the unionization effort, and for which has lengthy documentation." The union added that "Bates hit three years of service this May, an ominous number for Amazon workers whose pay scales top out after three years."
"Amazon terminated one of the most public pro-union worker leaders we've seen in a generation over an alleged paperwork issue."
"I went to work for Amazon because I believed in the future world of work, but at Amazon there is no future for workers like me," Bates said in a statement. "I have tirelessly worked for Amazon in Bessemer, Alabama since it opened. Everything hurts and it's permanently changed my life forever, but I stayed because I believe Amazon can be better, and I believe with a union we can build a brighter future for workers across the company."
"I've given my back to Amazon these past three years. I've given my arms and shoulders to Amazon these past three years. And I've given every fiber of my soul into organizing Amazon these past three years," said Bates. "For them to treat me like this is unfathomable."
"But let me be clear, Amazon, your termination of my employment will not stifle workers' organizing, for when you fire leaders, it only brings more people ignited into the movement," she stressed. "We are a movement, we will not be stopped, and I know my union, recognized or not by you, has my back. We will fight this, I will not be silenced, we will not be stopped."
\u201cBREAKING: Jennifer Bates (@Jennife67173021), the lead worker spokeswoman of the @BAmazonUnion drive, received notice she had been terminated by the company amid a several months long workers compensation nightmare. \nFull statement: https://t.co/tom8PZfxmK\u201d— RWDSU (@RWDSU) 1685711494
RWDSU president Stuart Appelbaum lamented that "Amazon terminated one of the most public pro-union worker leaders we've seen in a generation over an alleged paperwork issue, for which there is ample documentation."
The issue "can and should be easily resolved by a human," said Appelbaum. "Instead, Jennifer Bates is being subjected to termination by AI due to a glitch in the company's own software."
"Outrageously, Jennifer's is just one example of horror stories burdening thousands of Amazon workers every day," Appelbaum continued. "Workers suffer from life-altering injuries through their work at Amazon, including repetitive motion injuries and 911 emergencies, which send workers to the hospital regularly, some never to return again. Continually nameless faceless HR is either nowhere to be found or excessively difficult to track down."
"Amazon spared no expense in its union-busting throughout the Bessemer campaign, and today is just another in a litany of examples of how this company will stop at nothing to stifle workers' efforts to unionize," the union leader noted. "Amazon blatantly broke the law throughout the campaign, knowing that any potential penalty would be insignificant. Amazon's goal was to prevent—by any means—its employees from having a collective voice through a union in Bessemer."
"Labor law reform is critical if workers are to find any hope," he added. "Amazon's behavior must not be tolerated."
"Amazon spared no expense in its union-busting throughout the Bessemer campaign, and today is just another in a litany of examples of how this company will stop at nothing to stifle workers' efforts to unionize."
In the spring of 2021, RWDSU came up short during its initial organizing drive at Amazon's BHM1 warehouse in Bessemer—the first union election at one of the e-commerce giant's facilities in United States history.
Afterward, the union filed 23 complaints with the NLRB, accusing Amazon of illegally threatening employees with loss of pay and benefits, installing and surveilling an unlawful ballot collection box, and expelling pro-union workers from captive audience meetings during which management argued against collective bargaining.
The NLRB eventually threw out the results of the first election and supervised a new vote in the spring of 2022. The results of the second election were inconclusive. Although there were 118 more votes against unionization than for it, the final outcome hinges on how the director of the NLRB's Region 10 office decides to count 416 challenged ballots.
Following last year's contested vote, RWDSU lodged 21 objections to Amazon's conduct during the election with the NLRB, accusing the company of yet again interfering with the rights of its employees to organize for better conditions without fear of retaliation.
"Workers at Amazon have endured an insanely and needlessly long and aggressive fight to unionize their workplace; with Amazon doing everything it can to spread misinformation and deceive workers," Appelbaum said Friday. "Today’s news is shockingly just another case of Amazon's misconduct in a growing mountain of [unfair labor practices], objections, and charges against Amazon."
"The company violated the law in the first election and did so again in the re-run election, and now is firing union leaders in the facility to all but extinguish any embers of union support in the facility," said Appelbaum.
"We will continue to hold Amazon accountable and ensure workers' voices are heard," the union leader emphasized. "Amazon's behavior must not go unchallenged, and workers in Bessemer, Alabama must have their rights protected under the law. We urge the NLRB to carefully review Jennifer's case, when it's filed, and the countless other issues at hand to ensure no company, not even with the bottomless pockets of Amazon, is allowed to act above the law."
In a statement, Amazon spokesperson Mary Kate Paradis said that company records "indicate that Ms. Bates failed to show up to work for a period of time and didn't respond or provide documentation to excuse her absences." She added that "Ms. Bates has the opportunity to appeal the decision."
RWDSU said that Bates has tried multiple times "to provide the necessary paperwork" but "has yet to hear from the company about her appeal."
Note: This piece has been updated with comment from Amazon.
"We are basically making demands that we have a livable wage, that we are able to live our lives outdoors, like REI's mission statement includes," said one sales associate at the Beachwood store.
After REI employees in a suburb of Cleveland, Ohio walked off the job Friday morning, the recreational equipment retailer agreed to schedule a union election vote next month and stopped pushing to exclude certain workers.
Following successful union drives at two other REI stores, employees in Beachwood last month filed for a union election with National Labor Relations Board (NLRB) seeking representation with the Retail, Wholesale, and Department Store Union (RWDSU).
John Ginter, a sales associate at the Beachwood REI, told Cleveland-based Ideastream Public Media that he and his co-workers are seeking better working conditions.
"We are basically making demands that we have a livable wage, that we are able to live our lives outdoors, like REI's mission statement includes," he said. "So having a better work-life balance, being able to care for ourselves and to increase benefits for employees across the spectrum, whether or not they are part-time, full-time, whatever that situation would be."
According to the report: "Ginter alleged REI has some 'pretty rigid stipulations' with regard to which employees are eligible for benefits and accrual of sick time. He also said he believes his REI location is 'not living up to our diversity, equity, and inclusion statement.'"
Beachwood workers launched their brief unfair labor practice (ULP) strike Friday as an NLRB hearing got underway at the federal agency's Cleveland office.
\u201c\ud83d\udea8\ud83d\udea8\ud83d\udea8Alert: our store is closed due to our ULP strike. Stand in solidarity with us @rei co-op members and ask the company to #letREIvote https://t.co/HytMzwzBAI\u201d— REI Union Cleveland (@REI Union Cleveland) 1675439795
In a ULP charge that RWDSU filed Thursday with the NLRB, the union claimed REI "engaged in the unlawful surveillance of workers and/or created an impression of surveillance of the workers at the Beachwood store."
RWDSU has also accused REI of putting forth "meritless assertions to delay the election" by claiming that sales leads, bike shop workers, and "casual" employees—or those who work part-time with irregular schedules—should not vote.
"RWDSU vehemently disagrees with REI's objections," the union said in a statement. "It is especially galling because, as the company unnecessarily fights RWDSU in Ohio, it is currently bargaining contracts with workers holding these same classifications at the SoHo, New York and Berkeley, California stores. REI's hypocrisy is union-busting plain and simple and is a meek attempt to exclude more than half of the proposed bargaining unit to be eligible to vote."
\u201cIn a petty move by local management we're locked out for the day. The main office says we can come back tomorrow, but enjoy this video of the type of attitude we have to put up with every day from local management ...\u201d— REI Union Cleveland (@REI Union Cleveland) 1675457892
REI pushed back against RWDSU's characterization of its intentions in a Thursday statement to Axios, saying that the NLRB hearing was "to ensure that all employees who hold the right to vote are included in the voting process."
The agreement reached Friday includes all eligible workers at the location, "a reversal from REI's position last week," according to RWDSU. "The union election will take place on March 3, 2023 from 12:00 pm-6:00 pm ET at the Ohio store."
New York Times labor reporter Noam Scheiber tweeted Friday evening: "One thing I've learned covering labor over the past several years: Your labor rights are typically as robust as the power you and your co-workers can muster at the workplace. This case was a perfect example."
More Perfect Union similarly said, "Strikes work."
\u201cCleveland REI workers went on strike this morning, and just hours later the company agreed to all of their demands. Strikes work.\u201d— More Perfect Union (@More Perfect Union) 1675450448
U.S. Sen. Sherrod Brown and Congresswoman Shontel Brown, Ohio Democrats who are not related, expressed solidarity with the REI workers in their state this week.
Others, from the REI union in SoHo to UNI Commerce to the AFL-CIO, have also publicly supported the Beachwood workers this week.
\u201c\ud83d\udea8\u2757\ufe0fHey @REI: You might want to update your website. \n\nThere is NOTHING respectable about a workplace environment where employees are harassed, intimidated & prevented from exercising their LEGAL RIGHT to vote in a fair union election. \n\nSolidarity with @reiunioncle! #letREIvote\u201d— AFL-CIO (@AFL-CIO) 1675441800
If the Ohio employees vote to form REI's third union nationwide, RWDSU would represent approximately 55 workers there—though RWDSU noted that "the store currently operates at a 60% staffing level of its full capacity, potentially increasing that number to over 70."
As the Beachwood workers prepare for next month's election, contract negotiations are underway in Berkeley, and 10 fired employees—including two bargaining team members—are accusing REI of retaliation, which the company denies.
Meanwhile, in Washington state on Tuesday, REI laid off 167 people, or 8% of headquarters workers. President and CEO Eric Artz said that "in the face of increasing uncertainty, we need to sharpen our focus on the most critical investments and areas of work to best serve our members and grow the co-op over the long term."