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    Tariff turmoil to continue as Trump warns nobody ‘off the hook’ amid smartphone exemption – US politics live

    Good morning and welcome to our US politics blog.In an announcement made late on Friday evening, Donald Trump’s presidential administration exempted smartphones and computers from the 125% levies imposed on imports from China as well as other “reciprocal” tariffs.The devices would be excluded from the 10% global tariff that Trump recently imposed on most countries, along with the much heftier import tax on China, in what seemed like a softening of the president’s trade positioning towards Beijing.US stock markets were expected to stage a recovery after the announcement. Shares in Apple and chip maker Nvidia were on course to surge after tariffs on their products imported into the US were lifted for three months.China’s commerce ministry said the exemption demonstrated the US taking “a small step toward correcting its erroneous unilateral practice of ‘reciprocal tariffs’,” and suggested the American administration cancel the whole punitive tariff regime.However, Trump’s commerce secretary, Howard Lutnick, said on Sunday that critical technology products from China would face separate new duties along with semiconductors within the next two months.“He’s saying they’re exempt from the reciprocal tariffs, but they’re included in the semiconductor tariffs, which are coming in probably a month or two,” Lutnick said in an interview on ABC. “These are things that are national security, that we need to be made in America.”Amid the confusion over the White House’s tariff policy, Trump said he would provide more details on his administration’s approach on semiconductor tariffs later today.But he suggested any tariff exemption for China-made smartphones would be short-lived, writing on his social media: “Nobody is getting off the hook for unfair trade balances”. Stay with us throughout the day as we bring you the latest tariff developments and other US political stories.Spain’s economy minister, Carlos Cuerpo, is expected to meet the US treasury secretary, on Tuesday as he aims to bolster bilateral ties between the two countries.The Trump administration has slapped a 10% tariff on imports of most European goods, including olive oil, although it announced a 90-day pause last week on higher, 25% “reciprocal” duties.Spain is the world’s top exporter of olive oil and also sells important quantities of auto parts, steel and chemicals to the US. The country’s prime minister, Pedro Sánchez, has announced a €14.1bn (£12.2bn; $16bn) government aid package to industry to lessen the domestic impact of Trump’s levies.Maya Yang, a breaking news reporter and live blogger for Guardian US, has filed this story about a warning over the potential consequences of Trump’s erratic economic policies:Billionaire investor Ray Dalio said that he is worried the US will experience “something worse than a recession” as a result of Donald Trump’s trade policies.Speaking to NBC’s Meet the Press on Sunday, the 75-year-old hedge fund manager said: “I think that right now we are at a decision-making point and very close to a recession. And I’m worried about something worse than a recession if this isn’t handled well.”He went on to add: “A recession is two negative quarters of GDP and whether it goes slightly there. We always have those things. We have something that’s much more profound. We have a breaking down of the monetary order. We are going to change the monetary order because we cannot spend the amounts of money.”Dalio’s comments come in response to a tumultuous week across the global stock markets following the US president’s tariffs policies that include a 145% tariff raise on China. The billionaire also said there are “profound changes in our domestic order … and world order”, comparing current times with the 1930s.“I’ve studied history and this repeats over and over again. So if you take tariffs, if you take debt, if you take the rising power challenging existing power, if you take those factors and look at the factors, those changes in the orders, the systems, are very, very disruptive. How that’s handled could produce something that is much worse than a recession. Or it could be handled well,” he said.Dalio, who correctly predicted the 2008 recession, also said the current economic state of the US is “at a juncture”.“Let’s take the budget. If the budget deficit can be reduced to 3% of GDP, it will be about 7% if things are not changed. If it could be reduced to about 3% of GDP, and these trade deficits and so on are managed in the right way, this could all be managed very well,” he said.He went on to urge congressional members to take what he calls the “3% pledge”, adding that if they don’t, there will be a supply and demand problem for debt with results that will be “worse than a normal recession.”You can read the full story here:Chinese President Xi Jinping will be welcomed by Vietnam’s President Luong Cuong today as he seeks to strengthen economic ties in south-east Asia amid a trade war with Washington that has caused turmoil in global markets.In an article for the Nhan Dan newspaper, Xi called for more regional cooperation, saying China and Vietnam were “friendly socialist neighbours sharing the same ideals and extensive strategic interests”.He added that a “trade war and tariff war will produce no winner, and protectionism will lead nowhere”, without explicitly mentioning the US.The visit, planned for weeks, comes as Beijing faces 145% US duties, while Vietnam is negotiating a reduction of threatened US tariffs of 46%. China is Vietnam’s biggest trading partner; Hanoi has a good relationship with both Washington and Beijing.As my colleague Rebecca Ratcliffe notes in this story, officials in Hanoi were shocked when Vietnam was hit with the 46% tariff, even after various efforts to appease the Trump administration. The tariff, which has been paused, threatens to devastate the country’s ambitious economic growth plan.Xi will visit Vietnam, a manufacturing powerhouse, from 14 to 15 April, and Malaysia and Cambodia from 15 to 18 April. He last visited Cambodia and Malaysia nine and 12 years ago, respectively.Xi’s trip to Hanoi, his second in less than 18 months, aims to consolidate relations with a strategic neighbour that has received billions of dollars of Chinese investments in recent years as China-based manufacturers moved south to avoid tariffs imposed by the first Trump administration.Good morning and welcome to our US politics blog.In an announcement made late on Friday evening, Donald Trump’s presidential administration exempted smartphones and computers from the 125% levies imposed on imports from China as well as other “reciprocal” tariffs.The devices would be excluded from the 10% global tariff that Trump recently imposed on most countries, along with the much heftier import tax on China, in what seemed like a softening of the president’s trade positioning towards Beijing.US stock markets were expected to stage a recovery after the announcement. Shares in Apple and chip maker Nvidia were on course to surge after tariffs on their products imported into the US were lifted for three months.China’s commerce ministry said the exemption demonstrated the US taking “a small step toward correcting its erroneous unilateral practice of ‘reciprocal tariffs’,” and suggested the American administration cancel the whole punitive tariff regime.However, Trump’s commerce secretary, Howard Lutnick, said on Sunday that critical technology products from China would face separate new duties along with semiconductors within the next two months.“He’s saying they’re exempt from the reciprocal tariffs, but they’re included in the semiconductor tariffs, which are coming in probably a month or two,” Lutnick said in an interview on ABC. “These are things that are national security, that we need to be made in America.”Amid the confusion over the White House’s tariff policy, Trump said he would provide more details on his administration’s approach on semiconductor tariffs later today.But he suggested any tariff exemption for China-made smartphones would be short-lived, writing on his social media: “Nobody is getting off the hook for unfair trade balances”. Stay with us throughout the day as we bring you the latest tariff developments and other US political stories. More

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    US stock markets expected to recover after Trump drops tariffs on mobiles

    US stock markets were expected to stage a recovery on Monday after Donald Trump excluded imports of smartphones and laptops from his tariff regime late on Friday night.Shares in Apple and chip maker Nvidia were on course to soar after tariffs on their products imported into the US were lifted for 90 days.The temporary reprieve was widely seen as a climbdown after pressure from Republican leaders concerned that the soaring cost of smartphones would spark a voter backlash. US retailers import about 80% of all smartphones, many of them from China, which Trump has slapped with tariffs totalling 145%.US Customs and Border Protection said items like laptops, hard drives, smartphones, flat-panel monitors and some chips would qualify for the exemption. Vital machines made outside the US that are used to make semiconductors were also excluded.It means these products will avoid the China tariff and the 10% baseline tariffs applied on other countries caught by the new regime.Speaking on Air Force One on Saturday evening, Trump said he would be more specific about the latest exemption rules on Monday. “We’ve been making a lot of money,” he said. “It’s been the other way around. Other countries, in particular China was making a lot of money.”It is not clear how long the exemption will last or whether separate tariffs will be negotiated on the specific products.China has responded with a tariff on all US exports of 125%. Beijing said at the weekend that the reprieve for smartphones was a “small step” toward easing the trade fight between the world’s two biggest economies.skip past newsletter promotionafter newsletter promotionHowever, the US commerce secretary, Howard Lutnick, said the reprieve was likely to be lifted in 90 days and reiterated Trump’s longstanding plan to apply a different, specific levy to the sector.Speaking on NBC, he said: “All those products are going to come under semiconductors, and they’re going to have a special focus-type of tariff to make sure that those products get reshored. We can’t be relying on China for fundamental things that we need.”Lutnick dismissed interpretations of Trump’s reprieve that argued it reflected the president’s realisation that his China tariffs were unlikely to shift more manufacturing of smartphones, computers and other gadgets to the US in the near future.On Sunday Trump warned that no country would be getting “off the hook” on his punishing tariffs, again singling out China for criticism. “NOBODY is getting ‘off the hook’ for the unfair Trade Balances,” Trump wrote in a post on his Truth Social platform. “Especially not China which, by far, treats us the worst!”Apple has spent decades building up a finely tuned supply chain in east Asia, including inside China. The firm has pledged to move some facilities back to the US over the next four years, which will cost it $500bn, including constructing a giant factory in Texas for artificial intelligence servers but was expecting to retain much of its international network as it expands its sales.Trump’s move at the start of April to impose tariffs on imports to the US battered the stocks of tech’s magnificent seven – Apple, Microsoft, Nvidia, Amazon, Tesla, Google parent Alphabet and Facebook parent Meta Platforms.At one point, they lost $2.1tn, or 14% of their value, from 2 April. Shares have recovered since last Wednesday after Trump paused the tariffs except on China, allowing tech firms to use India and other conduits to import smartphones. More

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    Apple shareholders vote against ending DEI program amid Trump crackdown

    Apple shareholders voted down an attempt to pressure the technology company into yielding to Donald Trump’s push to scrub corporate programs designed to diversify its workforce.A proposal drafted by the National Center for Public Policy Research – a self-described conservative thinktank – urged Apple to follow a litany of high-profile companies that have retreated from diversity, equity and inclusion (DEI) initiatives currently in the Trump administration’s crosshairs.After a brief presentation about the anti-DEI proposal, Apple announced shareholders had rejected it without disclosing the vote tally. The preliminary results will be outlined in a regulatory filing later on Tuesday.The outcome vindicated Apple management’s decision to stand behind its diversity commitment even though Trump asked the US Department of Justice to look into whether these types of programs have discriminated against employees whose race or gender are not aligned with the initiatives’ goals.But Apple’s CEO, Tim Cook, has maintained a cordial relationship with Trump since his first term in office, an alliance that so far has helped the company skirt tariffs on its iPhones made in China. After Cook and Trump met last week, Apple on Monday announced it would invest $500bn in the US and create 20,000 more jobs during the next five years – a commitment applauded by the president.Tuesday’s shareholder vote came a month after the same group presented a similar proposal during Costco’s annual meeting, only to have it overwhelmingly rejected.That snub did not discourage the National Center for Public Policy Research from confronting Apple about its DEI program in a pre-recorded presentation by Stefan Padfield, executive director of the thinktank’s Free Enterprise Project, who asserted “forced diversity is bad for business”.In the presentation, Padfield attacked Apple’s diversity commitments for being out of line with recent court rulings and said the programs expose the Cupertino, California, company to an onslaught of potential lawsuits for alleged discrimination. He cited the Trump administration as one of Apple’s potential legal adversaries.“The vibe shift is clear: DEI is out and merit is in,” Padfield said in the presentation.The specter of potential legal trouble was magnified last week when the Florida attorney general, James Uthmeier, filed a federal lawsuit against Target for allegedly failing to properly disclose the financial risks of its DEI programs to stakeholders.skip past newsletter promotionafter newsletter promotionBut Cook conceded Apple may have to make some adjustments to its diversity program “as the legal landscape changes” while still striving to maintain a culture that has helped elevate the company to its current market value of $3.7tn – greater than any other business in the world.“We will continue to create a culture of belonging,” Cook told shareholders during the meeting.In its last diversity and inclusion report issued in 2022, Apple disclosed that nearly three-fourths of its global workforce consisted of white and Asian employees. Nearly two-thirds of its employees were men.Other major technology companies for years have reported employing mostly white and Asian men, especially in high-paid engineering jobs – a tendency that spurred the industry to pursue largely unsuccessful efforts to diversify. More

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    Jeff Bezos, Mark Zuckerberg and other business leaders congratulate Trump

    Business leaders were swift to offer their congratulations to Donald Trump on his election victory, less than four years after they criticized him for his role in the January 6 insurrection.Some of tech’s business leaders, including Amazon’s Jeff Bezos, Meta’s Mark Zuckerberg and Apple’s Tim Cook all publicly congratulated Trump for his win.“Big congratulations to our 45th and now 47th President on an extraordinary political comeback and decisive victory,” Bezos said in a statement. “No nation has bigger opportunities.”“Congratulations to President Trump on a decisive victory. We have great opportunities ahead of us as a country,” Zuckerberg wrote on Threads. “Looking forward to working with you and your administration.”“Congratulations President Trump on your victory! We look forward to engaging with you and your administration,” Cook wrote on Twitter/X.The influential Business Roundtable, a powerful lobbying group with more than 200 members, who are the chief executives of companies such as JPMorgan, Walmart, Google and Pepsi, said in a statement: “Business Roundtable congratulates President-elect Donald Trump on his election as the 47th President of the United States.”“We look forward to working with the incoming Trump Administration and all federal and state policymakers,” the group said.Billionaire Mark Cuban, who endorsed Kamala Harris, was one of the first to congratulate Trump just after 1am ET.“Congrats @realDonaldTrump. You won fair and square,” Cuban wrote. “Congrats to @elonmusk as well.”Elon Musk, Trump’s highest-profile business backer, celebrated with a post on X declaring victory for himself. “It is morning in America again,” he wrote. Trump has floated giving Musk an influential role in his administration.The reaction presents a stark contrast to how the leaders responded to Trump after the 2020 election. Cook had called the insurrection “a shameful chapter in our nation’s history”, while Zuckerberg said: “I believe the former president should be responsible for his words.”Bezos, meanwhile, had congratulated Joe Biden for his victory four years ago with a post. “Unity, empathy and decency are not characteristics of a bygone era,” he said on Instagram, posting a picture of Biden and Kamala Harris.skip past newsletter promotionafter newsletter promotionIt’s something of an about-face that was seen leading up to the election. Trump had started to brag that executives such as Google’s Sundar Pichai and Zuckerberg were calling him, seemingly trying to rebuild relationships that had been strained during Biden’s presidency.Bezos has had a particularly fraught relationship with Trump. But in October the Bezos-owned Washington Post chose not to endorse any candidate in the US presidential election. The Post had planned to endorse the vice-president.While coalitions of former executives had endorsed Harris, and said that many CEOs were probably going to vote in support of her, the business community appears poised to transition to a second Trump term. By Wednesday afternoon, US stock markets were soaring on news of Trump’s victory.Read more of the Guardian’s 2024 US election coverage

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    Thanks to Donald Trump, Apple’s new AirPods will make America hear again | John Naughton

    Like many professional scribblers, I sometimes have to write not in a hushed study or library, but in noisy environments. So years ago I bought a set of Apple AirPods Pro, neat little gadgets that have a limited degree of noise-cancelling ability. They’re not as effective as the clunky (and pricey) headphones that seasoned transcontinental airline passengers need, but they’re much lighter and less obtrusive. And they have a button that enables you to switch off the noise cancellation and hear what’s going on around you.I remember wondering once if a version of them could also function as hearing aids, given the right software. But then dismissed the thought: after all, hearing aids are expensive, specialised devices that are often prescribed by audiologists – and also signal to the world at large that you are hard of hearing.But guess what? On 12 September, I open my laptop, click on the Verge website and find the headline: “Apple gets FDA authorisation to turn the AirPods Pro into hearing aids.” The new generation of the headphones will be able to serve as clinical-grade hearing aids later this autumn. More importantly, they can be bought over the counter (OTC in the lingo of the healthcare industry) and they will sell for $249 in the US (and £229 in the UK). Compare that with the prices of hearing aids sold by, say, Specsavers, which start at £495 and go all the way to £2,995 for the Phonak Infinio Sphere 90.Now of course price comparisons can be misleading. Vendors of conventional hearing aids will stress that customers get the undivided attention of an audiologist etc. And for customers with severe hearing difficulties, that’s fine. But for people with “mild to moderate hearing impairment”, even the US FDA (Food and Drug Administration) has concluded that the customisation software provided by Apple will be adequate.It works like this. You take an on-demand hearing test on your iPhone’s health app, which causes the earbuds to ping each ear with different frequencies at varying volumes. You tap the phone screen if you hear the sound. After a few minutes, the app will generate an audiogram that graphs your hearing deficits and this audiogram can then be used to program the AirPods Pro as hearing aids. Alternatively, you can upload an existing audiogram if you’ve had one generated by an audiologist.Neat, eh? And also a nice example of engineering ingenuity. But, as with most things, the technology is only part of the story. The healthcare industry in the US is tightly controlled by the FDA, which insisted for years that any device that goes into a human ear needs a prescription. As Matt Stoller, an antitrust expert and campaigner, points out, since 1993, campaigners have been calling for the FDA to loosen its stance on these devices and the calls got louder over the years. In 2015, the president’s council of advisers on science and technology issued a report seeking to make these devices more widely available. The next year, the National Academies of Sciences, Engineering and Medicine issued a similar report.But eventually, in 2017, Congress passed the Over-the-Counter Hearing Aid Act, proposed by senators Elizabeth Warren and Chuck Grassley and requiring the FDA to allow hearing aids without a prescription – and Donald Trump signed it! The act imposed a deadline of 2020 on the FDA, but the agency continually prevaricated until 2022, after the Biden administration compelled it to act with an executive order. Only then did the dam that had been building up since 1993 break.The moral of this story, in Stoller’s words, is simple: “How we deploy technology is not a function of engineering and science as much as it is how those interplay with law, in this case a law that fostered a hearing aid cartel and then a different law that broke it apart. So it’s not outlandish to say that Joe Biden designed Apple’s new hearing aid AirPods, with an assist from Elizabeth Warren, Chuck Grassley and Donald Trump. It’s just what happened.”This is perhaps a bit hyperbolic, but it captures an essential truth that Silicon Valley would prefer to ignore: technology does not exist in a vacuum, and the ways it is deployed and developed are shaped by social and political forces. Social media companies escape liability because of a 26-word clause in a 1996 law, for example. And millions of people in the US suffering from hearing impairment could have had hearing aids at affordable prices at least a decade ago. The problem was not that the technology didn’t exist, but that it wasn’t in the interest of the healthcare-regulatory establishment to make it available.skip past newsletter promotionafter newsletter promotionWhat I’ve been readingBad pressJeff Jarvis, the veteran journalist and City University of New York emeritus professor, has an insightful analysis on his blog titled What’s become of The Times & Co? about why US mainstream media has gone wrong.Top MarxThe Enduring Influence of Marx’s Masterpiece is a marvellous introduction by Wendy Brown to a new translation of Das Kapital.Head case A lovely essay by Erik J Larson is The Left Brain Delusion, which argues that we’re too governed by one side of our grey matter. More

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    Why is Trump cozying up to America’s most powerful business leaders? | Robert Reich

    The Business Roundtable is an association of more than 200 CEOs of America’s biggest corporations. It likes to think of itself as socially responsible.Last Wednesday, its chair, Joshua Bolten, told reporters that his group planned to drop “eight figures” while “putting its full weight behind protecting and strengthening tax reform”.Translated: it’s going to pour money into making sure that Donald Trump’s 2017 tax cuts – most of which benefit big corporations and the rich – don’t expire in 2025, as scheduled.On Thursday, Trump met at the Business Roundtable’s Washington headquarters with over 80 CEOs, including Apple’s Tim Cook, JP Morgan Chase’s Jamie Dimon and Walmart’s Doug McMillon.Trump reportedly promised the CEOs he would cut corporate taxes even further and curtail business regulations if elected president.Trump’s 2017 tax cuts reduced the rate of corporate income taxes from 35% to 21%. That has cost America $1.3tn.Those tax cuts, along with the tax cuts put in place by George W Bush, are the primary reason that the national debt is rising as a percentage of the economy.What have corporations done with the money they have saved? They haven’t invested it or used it to raise wages. Nothing has trickled down to average workers.A large portion has gone into stock buybacks. The year after the tax cut went into effect, corporations bought back a record $1tn of their shares. Buybacks do nothing for the economy but raise stock prices – and, not incidentally, CEO compensation, which is largely in shares of stock.Making Trump’s 2017 tax cuts permanent – as the Business Roundtable seeks – will cost $4tn over the next 10 years, $400bn per year – and cause the debt to soar.Yet every one of the CEOs that Trump met with last week has been thriving under Biden. Corporate profits are way up. Stocks are at near record levels. Inflation has plummeted.So why are they attracted to Trump, whose antics are likely to destabilize the economy? Is it mere ideology?Kathryn Wylde, the president and CEO of the Partnership for New York City (a non-profit that represents the city’s top business leaders), relates that Republican billionaires have told her “the threat to capitalism from the Democrats is more concerning than the threat to democracy from Trump.”In my experience, CEOs of large corporations are more practical than ideological. They’re coming around to Trump because they want even more tax cuts and regulatory rollbacks – which means even more money in their own pockets.The Business Roundtable’s motto – “More than Leaders. Leadership” – suggests a purpose higher than making its CEOs and corporations richer.Indeed, in August 2019 the Roundtable issued a highly publicized statement expressing “a fundamental commitment to all of our stakeholders”, including a commitment to compensating all workers “fairly and providing important benefits”, as well as “supporting the communities in which we work”, and protecting the environment “by embracing sustainable practices across our businesses”.Signed by 181 CEOs of major American corporations, the statement concluded that “each of our stakeholders is essential,” and committed “to deliver value to all of them”.The statement got a lot of favorable press. But it was rubbish. At the time, Bernie Sanders and Elizabeth Warren were gaining traction in the 2020 Democratic presidential primaries with their criticisms of corporate America, and the CEOs of the Roundtable were worried. They needed cover.Then, after the January 6 attack on the Capitol, many of these CEOs announced they would not provide campaign funds to Republican members of Congress who refused to certify the 2020 election.Now, they’re lining up to fund Trump, because they and their corporations want another giant tax cut and rollbacks of regulations.If the Business Roundtable’s CEOs were honestly committed to all their stakeholders, they wouldn’t seek massive tax cuts.If they cared about preserving American democracy, they wouldn’t support Trump or any Republican.The greedy cynicism of America’s corporate elite is now on full display.
    Robert Reich, a former US secretary of labor, is a professor of public policy at the University of California, Berkeley, and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His newest book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com More

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    ‘Old-school union busting’: how US corporations are quashing the new wave of organizing

    ‘Old-school union busting’: how US corporations are quashing the new wave of organizingVictories at several companies energized organizers, but hostile corporations – and an impotent labor board – stymie negotiationsUS corporations have mounted a fierce counterattack against the union drives at Starbucks, Amazon and other companies, and in response, federal officials are working overtime to crack down on those corporations’ illegal anti-union tactics – maneuvers that labor leaders fear could significantly drain the momentum behind today’s surge of unionization.The National Labor Relations Board (NLRB), the federal agency that polices labor-management relations, has accused Starbucks and Amazon of a slew of illegal anti-union practices, among them firing many workers in retaliation for backing a union. Nonetheless, many workplace experts question whether the NLRB’s efforts, no matter how vigorous, can assure that workers have a fair shot at unionizing.Serving $66 entrees for $18 an hour: the union push at an upscale New York restaurantRead more“We’re seeing the same situation over and over – workers going up against billionaires and billion-dollar companies with an endless amount of resources while our labor laws are far too weak,” said Michelle Eisen, a barista in Buffalo who helped lead the early unionization efforts of Starbucks in that city. “We’re all fighting for the same thing against different companies. We’re all in the same boat. No one denies that there are a lot of obstacles to overcome.”“The labor board is doing its job with the limited resources it has,” she added. “But Starbucks continues to break the law flagrantly.” The union asserts that Starbucks has engaged in illegal retaliation by firing 150 pro-union baristas and closing a dozen recently unionized stores.Echoing many union leaders, Eisen says US labor laws are woefully inadequate because they don’t allow regulators to impose any fines on companies that break the law when fighting against unionization. Starbucks and Amazon deny firing anyone illegally or violating any laws in their fight against unionization.“These workers were supposed to be able to get together without fear of retaliation,” said Lynne Fox, president of Workers United, the union that workers at more than 280 Starbucks have voted to join. “But companies, including Starbucks, have determined that the penalty for retaliation is minimal – and much more appealing than allowing workers to unionize. Violating workers’ rights has simply become part of the cost of doing business.” Labor leaders complain that the penalty imposed for illegal retaliation is often just an order to post a notice on a company’s bulletin boards saying that it broke the law.Newly unionized workers are also frustrated and angry that efforts to reach a first contract are taking so long, with some unions asserting that companies are deliberately and illegally dragging out negotiations – an assertion the companies deny. Workers won breakthrough union victories at Starbucks in December 2021, and the next year saw several other organizing victories. REI workers had a successful union vote in March 2022, Amazon in April, Apple in June, Trader Joe’s in July and Chipotle in August, but none of those companies have reached a first contract.The extraordinary recent wave of unionization that corporate America has faced over the past year has been met with what union supporters say is an equally extraordinary wave of union-busting that has slowed and even stopped some unionization efforts.Shortly after workers at a Chipotle restaurant in Augusta, Maine, petitioned for a unionization vote in the hope of becoming the first Chipotle in the US to unionize, the company shut down the store. The NLRB has accused Chipotle of illegal retaliation and sought to order the fast-food chain to reopen the store. Chipotle says the closing was for legitimate business reasons.Brandi McNease, a pro-union worker at the Chipotle in Augusta, said: “They closed it down because we were going to get our vote and they were going to lose. It’s much easier for a multibillion-dollar corporation to face whatever the consequences are of that then to allow a union into one of their stores.”The NLRB has accused Apple of illegally spying on and threatening workers. The company’s anti-union efforts helped pressure Apple store workers in Atlanta to withdraw their request to hold a unionization election, although workers at Apple stores in Towson, Maryland, and Oklahoma City have voted to unionize.Trader Joe’s closed its one wine shop in New York City days before that shop’s workers were to announce plans to seek a union election. The workers have accused the company of shutting the store to quash the union drive and retaliate against the workers. Trader Joe’s says it didn’t shut the store because of the employees’ organizing efforts.On 17 February, a day after employees at a Tesla plant in Buffalo announced plans to unionize, Tesla fired dozens of workers there. Union supporters complained to the NLRB that Tesla dismissed 37 workers “in retaliation for union activity and to discourage union activity”. Tesla said the terminations had nothing to do with the union drive and were part of its regular performance-evaluation process.The NLRB has brought 75 complaints against Starbucks that accuse it of more than 1,000 illegal actions. Federal judges have ordered Starbucks to reinstate numerous pro-union baristas who they say were fired illegally. The labor board has accused Starbucks of refusing to bargain with workers at 21 stores in Oregon and Washington state. The union asserts that Starbucks is deliberately dragging out negotiations to dishearten union supporters. Starbucks representatives have walked out of dozens of bargaining sessions, refusing to talk so long as union negotiators insist on letting other union members use Zoom to watch the sessions.The NLRB has accused Amazon’s CEO, Andy Jassy, of illegally coercing and intimidating workers by saying they would be “less empowered” if they unionized. NLRB judges have ruled that Amazon fired several pro-union workers illegally, and the board recently accused Amazon of unlawfully terminating one of the most effective organizers at its JFK8 warehouse on Staten Island, where the Amazon Labor Union won a landmark victory for the warehouse’s 8,300 employees last 1 April.Ohio train derailment reveals need for urgent reform, workers sayRead moreAmazon has filed a series of challenges to overturn the union’s Staten Island victory in the hope of not having to recognize or bargain with the union. In January, an NLRB judge upheld the union’s victory, but Amazon said it would appeal.“We know they plan to appeal and appeal and drag things out,” said Christian Smalls, president of the Amazon Labor Union. Smalls voiced frustration that nearly a year after the Staten Island workers voted to unionize, there have been no contract talks.Benjamin Sachs, a labor law professor at Harvard, admits to some surprise that several supposedly progressive companies are using hardball anti-union tactics. “What we have is new economy companies using the old, anti-union playbook on a national scale and in a way that people are paying attention to,” Sachs said.“It’s not new, but it’s more prominent: firing union organizers, threatening to close stores, closing stores, not bargaining, holding captive audience meetings, selective granting of benefits. To observers of labor, this has been going on for a long time. What’s different is these companies that hold themselves as different and progressive – they’re proving they’re not. There’s a dissonance between these brands’ progressive image and their old-school union-busting.”Amazon has repeatedly denied any illegal anti-union actions. It said: “We don’t think unions are the best answer for our employees” and “our focus remains on working directly” with our them “to continue making Amazon a great place to work”. Amazon argues that the union’s win on Staten Island “was not fair, legitimate or representative of the majority” and should therefore be overturned, maintaining that the union illegally intimidated and harassed anti-union workers and illegally distributed marijuana to win support.Tesla fires more than 30 workers after union drive announcementRead moreStarbucks denies that it fired any pro-union baristas unlawfully, saying that those workers were dismissed for misconduct or violating company rules. The company denies that it is deliberately dragging out negotiations, saying: “Counter to the union’s claims, Starbucks continues to engage honestly and in good faith while ensuring actions taken align with decades of case law and precedent.” It added: “We’ve come to the table in person and in good faith for 84 single-store contract bargaining sessions since October 2022.” Starbucks acknowledges that it has walked out of bargaining sessions because the workers “insist on broadcasting” the sessions “to unknown individuals not in the room and, in some instances, have posted excerpts of the sessions online”.Leaders of the Starbucks union say they have repeatedly pledged that the workers would not broadcast, record or post excerpts of the bargaining sessions. Furthermore, they ask why Starbucks refuses to let union members watch the negotiations by Zoom when it allowed that practice during the pandemic and so many other companies allow the use of Zoom during negotiating sessions. For its part, Starbucks has accused the union of failing to bargain in good faith, a claim the union says is ludicrous.One study found that after workers won union elections, 52% of the time they were without a first contract a year later and 37% of the time without one two years later. Many companies drag out contract talks as long as they can in order to dishearten workers and show that there’s little to gain by unionizing and because they know they save money on wages and benefits by delaying – or never reaching – a first union contract. Moreover, many companies prolong contract talks in the hope that union members will grow frustrated with their union and vote to decertify it.Sarah Beth Ryther, a leader of the successful effort to unionize a Trader Joe’s in Minneapolis, said the retailer is moving far slower than she hoped in negotiations. “I have said it was like writing a novel. We were on page one for a long time, and now we’re finally on page two,” Ryther said. “It’s just folks with very little experience who have organized an independent union, and to face these union-busting tactics, it’s hard. We’re not being paid a thousand dollars an hour like some TJ’s lawyers. We do this because we want to help our fellow workers.”Even if the NLRB rules that a company broke the law by negotiating in bad faith to drag out negotiations, federal law doesn’t allow the labor board to order management to reach a contract. “Even if the NLRB issues a complaint about bad faith bargaining, it takes a long time to handle those cases. Any meaningful order is a year down the road,” said Wilma Liebman, who headed the NLRB under Barack Obama. “The remedies take too long and they’re too weak. The board can’t order parties to reach an agreement or make concessions.”Liebman pointed to the big issue that labor organizing faces right now. “Can the unionization surge be sustained by continued growth?” she asked. “Otherwise it’s going to fizzle. This is the year that’s kind of make or break.”Under federal law, employers can’t be fined for illegal delays or bargaining in bad faith. The proposed protecting the right to organize (Pro) act sought to overcome lengthy delays by providing that if the two sides failed to reach a contract within 120 days of a new union’s being certified, a panel of arbitrators should be appointed to decide on the terms of a first two-year contract. The Pro act would also allow for substantial fines against employers that violate the law when fighting unions. The House of Representatives approved the Pro act in March 2021, but, facing a filibuster and unanimous Republican opposition, the legislation went nowhere in the Senate.Sachs says corporations have sizable incentives to violate the law when battling against unions because the National Labor Relations Act doesn’t provide for any fines for illegal actions. “We need to fundamentally change the incentive structure facing employers during union drives,” he said. “You can change the incentive structure in different ways. Consumers can do it if there is a national boycott of Starbucks or Apple or Chipotle or REI. That would have a huge impact. The other way to change the incentive structure would be to have massive monetary damages for anti-union violations. That would require not only legislative change, but the courts to order damage awards – and that would be a slow process.”Eisen, the barista in Buffalo, voices keen dismay that Starbucks keeps ratcheting up the pressure against the union drive. Arguably its most effective strategy to discourage unionization was not the firings or store closings, but when its CEO, Howard Schultz, announced that the company would give certain raises and benefits to its nonunion workers while denying them to workers at its unionized stores. The NLRB has brought a complaint asserting that this Starbucks policy illegally discriminates against union members.‘The lavatory waste comes on us’: unsafe, unsanitary work conditions, airport workers claimRead more“One of the things we need to win is public pressure,” Eisen said. “Can we let billionaires and billionaire companies continue to bully their way out of union campaigns? That’s essentially what is happening. It’s not fair. We need as much help as we can get. We need the public to recognize that these companies are not as good as they say they are.”The anti-union tactics have taken their toll. Partly because Starbucks’ aggressive anti-union efforts have discouraged and frightened many workers, the number of petitions for union elections at Starbucks stores has dropped from 71 last March to about 10 per month recently. Trader Joe’s workers in Boulder, Colorado, withdrew their petition for a unionization vote a day after they filed charges accusing the retailer of illegal intimidation and coercion. With highly paid anti-union consultants on hand to press workers to vote no, the Amazon Labor Union lost a unionization vote at a warehouse outside Albany, New York, and following that loss and facing an anti-union campaign, workers at an Amazon warehouse in Moreno Valley, California, withdrew their petition for a union election.“That comes with the territory, but that’s what we signed up for as organizers,” said the Amazon Labor Union’s Smalls. “We know this is a marathon not a sprint. In the words of Mother Jones, you fight like hell. That’s what we’re doing right now, fighting like hell.”TopicsUS unionsAmazonStarbucksAppleUS politicsTeslaReuse this content More

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    How a top US business lobby promised climate action – but worked to block efforts

    How a top US business lobby promised climate action – but worked to block efforts Business Roundtable aims to weaken efforts that would enable investors to hold companies accountable for their climate promisesThree years ago today, in a statement that would be described as “historic”, “monumental” and “revolutionary”, America’s most powerful and politically connected corporations promised to “protect the environment by embracing sustainable practices across our businesses”.The “Statement on the Purpose of a Corporation” came from the Business Roundtable, an influential Washington DC lobbying group whose 200-plus members include the chief executives of some of the world’s biggest companies, including Apple, Pepsi, Walmart and Google.Today, on the statement’s third anniversary, the Business Roundtable and its member CEOs continue to issue earnest statements about the climate crisis. But the organization is also working diligently – and spending liberally – to weaken efforts that would enable investors to hold companies accountable for their climate promises.An analysis by the Guardian found the lobby group has worked hard to protect a status quo in which corporations:
    Generate goodwill and positive PR by publishing bold climate goals, with little fear of being held accountable or legally liable for achieving those goals.
    Can choose to selectively disclose certain parts of their carbon footprint, or none at all.
    Are not required to reveal the greenhouse gas emissions generated throughout their supply chains – which, for most companies, make up the majority of their emissions.
    Make high-profile pledges to fight climate change, while paying to maintain memberships in the Business Roundtable and other trade associations that spend millions of dollars to lobby governments against meaningful climate action.
    In public the Business Roundtable’s leaders are still committed to change. Doug McMillon, the CEO of Walmart and previous chair of the Business Roundtable, has called the climate crisis “one of the greatest challenges facing the planet today”. In a statement on the group’s website, Mary Barra, the CEO of GM and the Roundtable’s current chair, declared that “we must act” to tackle climate change. “Meeting the scope of this challenge will require collective global action – business and government,” Barra said.The challenge “isn’t the lack of business commitment” said Johnson Controls CEO George Oliver in a video published by the Business Roundtable in January. “What we need is to be aligned with the public sector to make sure that we’ve got the proper policies in place that will enable us to do what we do so well.”Yet when the US government has tried to put the “proper policies” in place, the Business Roundtable has worked to undermine those efforts.In 2021, the organization spent millions of dollars to stop the Biden administration’s Build Back Better agenda, which included significant efforts to reduce carbon emissions and promote clean energy.And this year, after the US Securities and Exchange Commission (SEC) proposed a long-anticipated rule that would require publicly held companies to disclose their carbon emissions and the risks that climate change poses to their business models, the Business Roundtable declared its opposition to central aspects of the SEC proposal, including provisions that experts say are vital for the rule to give investors comparable and consistent information about corporations’ climate risks.Before releasing the proposed rules in March, the SEC had asked the public what such rules might look like. In its response, the Business Roundtable acknowledged that “climate challenges are creating growing risks in many parts of the economy” and deemed it “appropriate” for the SEC to regulate climate disclosures.The group noted that the present system of corporate climate reporting, in which some companies issue voluntary climate-related disclosures, has proven inadequate. “There are many conflicting demands on companies to provide disclosures under different frameworks, which is unnecessarily costly and time-consuming for companies,” the Business Roundtable’s comments read.But when the SEC shifted from requesting voluntary input to proposing mandatory requirements for climate disclosures, the organization appeared to change its tune. In a 17-page letter, the CEO lobby announced its opposition to the proposal and asked the commission to “revise and repropose the rule.”In an email to the Guardian, the Business Roundtable denied that its perspective had changed. “[Business Roundtable] members are committed to combating climate change and are supportive of a rulemaking. Our goal is for a pragmatic, attainable, and successful rule,” the group said. “Our members believe it is worth the extra time on the front end to repropose the rule.”Since April 2021, according to meeting memoranda published by the SEC, the Business Roundtable has met at least three times with the SEC about climate disclosures. (GM’s Barra, the chair of the Business Roundtable, also met separately with SEC chair Gary Gensler.)In the first half of this year, the group spent more than $9.1m lobbying the federal government directly, according to reports compiled by Open Secrets. In its public disclosures, the Roundtable reported lobbying Congress, the White House and the SEC about the climate disclosure proposal. (In an email, the Business Roundtable said it “met with the SEC to directly communicate our concerns” and “shared our point of view with members of Congress and administration officials.”)Despite asking for a new, and thus delayed, proposal, the organization’s own members continue to assure the public that they see the climate crisis as an urgent challenge. “We’re out of time,” Cummins CEO and Business Roundtable member Tom Linebarger said in the organization’s January climate video. “We’re getting ready, to get ready, to get ready to do things. And the problem is that we have to move now.”But “now”, it seems, does not mean now.One provision the Business Roundtable has rejected as “unworkable” is a requirement for companies to measure and report the greenhouse gas emissions generated by suppliers and customers throughout their supply chains, or what are known as “Scope 3” emissions. The provision would apply only to companies that have published emissions targets that include Scope 3, or for which supply-chain emissions are considered “material”.Scope 3 includes all greenhouse gas emissions that companies neither generate directly (Scope 1) nor purchase for their own energy needs (Scope 2), which means everything from the raw materials that go into creating a product to the transportation that delivers that product to a consumer.For most companies, Scope 3 emissions represent the majority of their carbon output. As Addisu Lashitew, a fellow at the Brookings Institution, has pointed out, more than three-quarters of Amazon’s 2021 emissions were considered Scope 3.Diagram showing Scope 3 emissions are everything indirectly related to productionThe Business Roundtable supports mandating Scope 1 and Scope 2 emissions disclosures, and many companies already report them, in part because these direct emissions are easier to calculate and easier to reduce (sometimes through the purchase of dubious carbon “offsets”).Perhaps more importantly, however, because most firms’ emissions are primarily Scope 3, limiting their reporting to Scopes 1 and 2 makes them appear greener.In its comments to the SEC, the Business Roundtable called the proposal to require companies to measure and report Scope 3 emissions “overly burdensome” because “many companies still have limited systems in place to identify and disclose Scope 3 emissions” and some aspects of reporting value-chain emissions “remain[] challenging”.But “if you don’t have Scope 3 as a requirement, then what you have effectively done is cut out most of the emissions from the top-emitting industries,” Allison Herren Lee, the former acting chair and commissioner of the SEC, told the Guardian. “With emissions arguably being the most important item of disclosure for investors, how is a rule without Scope 3 going to achieve what investors need?”“There is an inherent degree of uncertainty in some of the data the proposal would require companies to disclose, and much of it is largely outside their control,” the Business Roundtable said in an email.A number of experts familiar with the SEC’s climate disclosure rulemaking acknowledged that tracking and reporting Scope 3 emissions could indeed be difficult for some companies, or at least more difficult than not doing so.But they suggested that the more fundamental question was not whether complying with the SEC’s rules would be more difficult than doing nothing, but rather if doing so would provide investors with information that they have requested and that would help them make more informed investment decisions.This argument would appear to align with the stated position of the Business Roundtable, which has repeatedly expressed its support for “market-based” efforts to address climate change, a view it reiterated in its comments to the SEC.“Information is the lifeblood of the capital markets, and capital markets are a central institution of a capitalist market economy,” George S Georgiev, a professor at Emory University and an expert on securities law, told the Guardian. “Climate-related financial information is demanded by investors, not by environmentalists.”Moreover, “there is no unanimity that Scope 3 reporting is problematic”, Georgiev said, noting that Apple, whose CEO, Tim Cook, sits on the Business Roundtable’s board of directors, is among the companies that have endorsed the SEC’s Scope 3 requirement. Apple’s existing reporting “attest[s] to the feasibility of reasonably modeling, measuring, and reporting on all three scopes of emissions, including scope 3 emissions,” the company told the Commission.In its comments, the Business Roundtable said that its member companies had already set a “high bar…for voluntary ESG [environmental, social and governance] disclosures,” and that a voluntary approach to climate reporting was already “providing more valuable information for investors”.But many investors, analysts, academics, voters and experts – even companies themselves – disagree. “There is near-universal agreement among scholars that voluntary disclosure rules alone are not sufficient,” Emory’s Georgiev said. “The same logic applies to climate rules.”“Climate is one of the most significant risks facing companies and investors,” said Danielle Fugere, the president and chief counsel of As You Sow, a shareholder advocacy nonprofit. “For companies to say that it is too costly to gather Scope 1 through 3 data, we simply think that it shows signs of weak management.”In a March letter, a group of investors managing nearly $5tn of assets warned that failing to require companies to disclose their Scope 3 emissions would render the SEC rules doubly ineffective: insufficient for addressing the climate emergency, and inadequate for providing investors with useful information, because voluntary figures allow companies to publish only the information that paints them in the best light.“There is a great amount of confusion,” Larry Fink, the CEO of BlackRock, the world’s largest asset manager, said in a speech last year. “If we are really going to tackle this, if we want to have 100% participation, the easiest way you could do that is having unified standards.” Fink is also a member of the Business Roundtable.In an email, the Roundtable said it was “unlikely” that the proposed Scope 3 disclosure provisions “would result in comparable, investor-useful information”. The group “believes it’s important to have reliable climate risk and emissions data, and our companies are leaders when it comes to transparency.”The group’s objections to the SEC’s Scope 3 requirements are only one aspect of its multi-tiered opposition to the proposed climate disclosure rules. And its opposition to the proposed rules is, similarly, only one example of many in which it has rejected efforts to hold its member companies accountable for their social and environmental pledges.In the three years since the organization released the “purpose of a corporation” statement, a number of studies have shown that Business Roundtable companies have failed to follow through on their “fundamental commitment to all of [their] stakeholders”.One analysis from London Business School and Columbia Business School found that companies whose CEOs signed the 2019 statement subsequently received more federal environmental infractions and had higher carbon emissions than similar firms that did not sign the statement.In another study, two Harvard Law School professors reviewed more than 600 public documents filed by Business Roundtable companies since the statement’s publication. Time and time again, the researchers found that when firms were presented with an opportunity to formalize the pledge in their corporate governance, they declined.In addition, by advocating and lobbying against government action on issues like climate change, the Business Roundtable gives its members space to publicly endorse (and claim credit for endorsing) legislative and regulatory action – such as Apple’s support for mandatory Scope 3 reporting, or Cummins and GM’s support for Build Back Better –all while knowing that the Roundtable will work behind the scenes in opposition.“Some individual companies aren’t going to write in and rage against the proposal because they know that will raise concerns with their investors, so they let some of the trade groups do that work for them,” said Allison Herren Lee, the SEC’s former acting chair and commissioner.In its comments to the SEC, the Business Roundtable urged lawmakers to take the lead on tackling the climate crisis, arguing that “although important, disclosures simply will not solve the problem”.“These are complex issues that need to be solved through the legislative process,” the group wrote.But the Business Roundtable continues to oppose efforts to address the climate emergency through the legislative process. The latest effort to tackle the climate crisis, the Inflation Reduction Act, includes billions of dollars in clean energy tax incentives, paid for in part by making sure corporations pay at least a 15% tax rate on profits. The bill could cut America’s carbon emissions by 40% by 2030.Yet on 6 August, just shy of the third anniversary of the statement in which Business Roundtable CEOs committed to “protect[ing] the environment by embracing sustainable practices across our businesses”, the group declared its opposition to the bill, citing “tax provisions that would undermine American economic growth and competitiveness”.“I’m just so worried that our planet can no longer suffer from us debating and debating and debating,” said Cummins CEO Tom Linebarger, who, like all the CEOs named in this article, signed the 2019 statement. “It’s the existential crisis of our time.”TopicsClimate crisisApplePepsicoGoogleUS politicsanalysisReuse this content More