The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
The Communications Workers of America (CWA) is the largest communications and media labor union in the United States, representing about 700,000 members in both the private and public sectors. The union has 27 locals in Canada via CWA-SCA Canada representing about 8,000 members. CWA has several affiliated subsidiary labor unions bringing total membership to over 700,000. CWA is headquartered in Washington, DC, and affiliated with the AFL–CIO, the Strategic Organizing Center, the Canadian Labour Congress, and UNI Global Union.
Graduate student employee unionization, or academic student employee unionization, refers to labor unions that represent students who are employed by their college or university to teach classes, conduct research and perform clerical duties. As of 2014, there were at least 33 US graduate employee unions, 18 unrecognized unions in the United States, and 23 graduate employee unions in Canada. By 2019, it is estimated that there were 83,050 unionized student employees in certified bargaining units in the United States. As of 2023, there were at least 156 US graduate student employee unions and 23 graduate student employee unions in Canada.
Graduate Employees Together – University of Pennsylvania (GET-UP) is a group of graduate students at the University of Pennsylvania that is trying to become recognized as a union. The group, first formed in the spring of 2001, and affiliated with the American Federation of Teachers (AFT). In 2004, according to exit polling by The Daily Pennsylvanian, the limited set of University of Pennsylvania graduate student employees included in the bargaining unit voted for unionization; however, the National Labor Relations Board (NLRB), before the votes were counted, decided that graduate students in private universities are not employees, while graduate students in public universities may be employees. The group began to re-form in 2016, and re-affiliated with AFT in October 2016. On March 2, 2017 the group once again decided to go public with their unionization campaign. The group has not been recognized by the University as a union for the purposes of collective bargaining.
JI Case Co. v. National Labor Relations Board, 321 U.S. 332 (1944), is a United States Supreme Court case dealing with labor law. Workers at the company's factory had voted to unionize, but J.I. Case Company had refused to negotiate with the new union, and tried to enforce old contracts instead. The court upheld the NLRB's decision that they'd violated the National Labor Relations Act, but said that the NLRB had to re-word the order it had issued.
The Harvard Graduate Students Union (HGSU), officially known as Harvard Graduate Students Union United Auto Workers (HGSU-UAW), is a labor union representing graduate students, teaching assistants, and other student employees at Harvard University. The bargaining unit comprises about 5,000 student employees, including graduate students working as research assistants and teaching fellows as well as several hundred undergraduate students holding teaching positions. Contract negotiations with the university are scheduled to begin in Fall 2018. HGSU is affiliated with the United Auto Workers labor union, whose 400,000 members include 45,000 graduate students and 30,000 academic workers.
The 2018 Google walkouts occurred on November 1, 2018 at approximately 11 am. The walkout had a large number of participants. The employees demanded five concrete changes from the company: an end to forced arbitration; a commitment to end pay inequality; a transparent sexual harassment report; an inclusive process for reporting sexual misconduct; and elevate the Chief of Diversity to answer directly to the CEO and create an Employee Representative. A majority of the known organizers have left the company since the walkout and many continue to voice their concerns. Google agreed to end forced arbitration and create a private report of sexual assault, but has not provided any further details about the other demands.
Tensions between the multinational technology company Google and its workers escalated in 2018 and 2019 as staff protested company decisions on a censored search engine for China, a military drone artificial intelligence, and internal sexual harassment.
Some warehouse workers of Amazon, the largest American e-commerce retailer with 750,000 employees, have organized for workplace improvements in light of the company's scrutinized labor practices and stance against unions. Worker actions have included work stoppages and have won concessions including increased pay, safety precautions, and time off. There are unionized Amazon workers in both the United States and Europe.
A tech union is a trade union for tech workers typically employed in high tech or information and communications technology sectors. Due to the evolving nature of technology and work, different government agencies have conflicting definitions for who is a tech worker. Most definitions include computer scientists, people working in IT, telecommunications, media and video gaming. Broader definitions include all workers required for a tech company to operate, including on-site service staff, contractors, and platform economy workers.
The Campaign to Organize Digital Employees or CODE-CWA is a project launched by the Communications Workers of America to unionize tech and video game workers in January 2020. It sprung out of conversations with Game Workers Unite (GWU) and employed at least two full time staff, including GWU co-founder Emma Kinema and veteran SEIU organizer Wes McEnany. In 2022, Jessica Gonzalez joined, a former Activision Blizzard QA tester.
The Richard L. TrumkaProtecting the Right to Organize Act, or PRO Act, is a proposed United States law that would amend previous labor laws such as the National Labor Relations Act, for the purpose of expanding "various labor protections related to employees' rights to organize and collectively bargain in the workplace". It would prevent employers from holding mandatory meetings for the purpose of counteracting labor organization, and would strengthen the legal right of employees to join a labor union. The bill would also permit labor unions to encourage secondary strikes. The PRO Act would weaken "right-to-work" laws, which exist in 27 U.S. states. It would allow the National Labor Relations Board to fine employers for violations of labor law, and would provide compensation to employees involved in such cases. It is named after Richard Trumka who was the President of the AFL-CIO until his death in August 5, 2021.
Trade unions have historically been unrecognized by IBM. Since the company's foundation in 1911, it has not recognized any in the United States, despite efforts by workers to establish them from 1970 onward. In Australia, Germany and Italy, several trade unions have limited recognition from IBM. IBM has been able to minimize membership even in traditional union strongholds in Western Europe.
The New York Times Guild is the union of New York Times editorial, media, and tech professional workers, represented by NewsGuild since 1940. As of March 2022, the Times Tech Guild, is the largest tech union with collective bargaining rights in the United States.
Apple Inc. workers around the globe have been involved in organizing since the 1990s. Apple worker organizations have been made up of retail, corporate, and outsourced workers. Employees have joined trade unions and formed works councils in Australia, France, Germany, Italy, Japan, United Kingdom and the United States.
As of June 2023, over 8,000 workers at over 360 Starbucks stores in at least 40 states in the United States have voted to unionize, primarily with Workers United. As of March 2023 none have yet enacted a collective bargaining agreement. This unionization effort started at a store in Buffalo, New York. About a third of Starbucks' Chilean workforce is already unionized, as well as 450 workers in New Zealand and eight stores in Canada. The longest Starbucks strike lasted 64 days, took place in Brookline, Massachusetts in September 2022 and resulted in the unionization of the employees at that location.
Tesla, Inc. is an American electric car manufacturer which as of January 2024 employs over 140,000 workers across its global operations, almost none of whom are unionized. Tesla CEO Elon Musk has commented negatively on trade unions in relation to Tesla. Despite allegations of high injury rates, long hours, and below-industry pay, efforts to unionize the workforce have been largely unsuccessful. As of February 2024, there are active labor disputes with Tesla in the United States, Germany and Sweden.
Currently Microsoft workers in the United States do not have a current labor union. This is expected to change with the acquisition of Activision Blizzard, which already recognizes a union in one of its subsidiaries. Microsoft USA workers have been active in opposing military/law-enforcement contracts with their employer.
Starting in 2022, workers from several Trader Joe's grocery stores have voted on whether to unionize. A store in Hadley, Massachusetts, became the first to unionize and created Trader Joe's United, an independent union unaffiliated with national unions. Stores in Minneapolis, Louisville, and Oakland joined them. Other workers have organized with the United Food and Commercial Workers. Trader Joe's, a chain with over 500 locations and over 50,000 employees, is known for its neighborhood store vibe and over-the-top customer service, which has sometimes clashed with its working conditions. Corporate management has a history of resisting staff unionization efforts. Driven by COVID-19 pandemic working conditions, American service sector organization increased, and Trader Joe's worker concerns over safety, pay, and benefits contributed to their union drive.
