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    Teamsters Struggle to Unionize Amazon and FedEx Delivery Workers

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    The Teamsters union has made little headway in organizing workers at Amazon and FedEx despite wage and other gains it secured at UPS last year.Last year, two unions representing workers at three large automakers and UPS negotiated new labor contracts that included big raises and other gains. Leaders of the unions — the United Automobile Workers and the Teamsters — hoped the wins would help them organize workers across their industry.The U.A.W. won one vote to unionize a Volkswagen factory in Tennessee last month and lost one this month at two Mercedes-Benz plants in Alabama. The Teamsters have made even less progress at UPS’s big nonunion rivals in the delivery business, Amazon and FedEx.Polling shows that public support for unions is the highest it has been in decades. But labor experts said structural forces would make it hard for labor groups to increase their membership, which is the lowest it has been as a percentage of the total work force in decades. Unions also face stiff opposition from many employers and conservative political leaders.The Teamsters provide an instructive case study. Many of the workers doing deliveries for Amazon and FedEx work for contractors, typically small and medium-size businesses that can be hard to organize. And delivery workers employed directly by FedEx in its Express business are governed by a labor law that requires unions to organize all similar workers at the company nationally at once — a tougher standard than the one that applies to organizing employees at automakers, UPS and other employers.Some labor experts also said the Teamsters had not made as forceful a push as the U.A.W. to organize nonunion workers after securing a new contract with UPS.“You didn’t have that energy that you saw with the U.A.W.’s leaders,” said Jake Rosenfeld, a sociologist who studies labor at Washington University in St. Louis.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      How Should Gig Workers Be Classified?

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      More from our inbox:A Trump Scenario: Losing in Court, but Winning the PresidencySupporting World Heritage SitesYoung Voices for Climate ActionSome drivers for services like Uber and Lyft said they have seen wages decline, while others say they have risen.Gabby Jones for The New York TimesTo the Editor:Re “Hustle Till It Hurts: Gig Work’s Luster Dims” (Sunday Business, May 28):The questions and concerns raised by freelance and gig work are important ones, but we need to stop trying to fit a square peg into a round hole.As a lawyer who has spent her career analyzing work force policy, hearing from women, single mothers and people with disabilities who feel left out of traditional work models, we need to address what’s missing from the conversation: the bigger policy picture.In America, the social safety net is tied to employment status, and worker classification laws are complicated and nuanced. Because of this, workers who want flexibility to choose when, where and how often to work have to choose between sovereignty and certainty.I urge policymakers to consider legislation that addresses these barriers by decoupling benefits from employment status, developing a thoughtful alternative model as other countries have done, and partnering with business leaders and educators to expand resources for workers to understand their classification status.Only then can we tap into the talents of a vast, diverse work force and build a more inclusive, innovative and sustainable economy.Regan ParkerPortland, Ore.The writer is the general counsel and chief public affairs officer for ShiftKey, a digital platform that connects independent licensed professionals with health care facilities.To the Editor:Your article rightly states that there is not a clear consensus on how some gig workers, such as ride-share drivers and freelance writers, should be classified under current employment laws. But when it comes to the highly regulated health care industry, there’s no room for debate: Nurses and nursing assistants should be classified as employees.The recent rise in digital health care staffing platforms gives nurses more flexibility, allowing them to work shifts as they please rather than full time at a facility. However, some of these staffing platforms improperly claim that because their nurses work gig-style schedules, they can be classified as independent contractors.These companies save themselves money but put the nurses and facilities where they work at risk. Nurses don’t control when they start and end their shifts. They are supervised and perform their responsibilities according to strict guidelines.When properly enforced, the Fair Labor Standards Act enables nurses to enjoy gig-style schedules without losing the employee-related benefits they deserve.Tony BraswellTampa, Fla.The writer is the president and founder of Gale Healthcare Solutions.A Trump Scenario: Losing in Court, but Winning the PresidencyDonald Trump at a campaign event.Doug Mills/The New York TimesTo the Editor:Former President Donald Trump’s indictment might very well culminate in his being convicted on felony espionage charges while running for and possibly winning the presidency. Inexplicably, the Constitution does not preclude this.The surreal, disheartening and illogical nature of such an outcome is underscored by current employment prohibitions in the U.S. for convicted felons. Those with felony convictions cannot work in the banking, real estate, health care and insurance industries. Additionally, professions that require a license, including those involving lawyers, teachers and psychologists, preclude felonious applicants. Beyond this, several states have their own employment restrictions for individuals with felony backgrounds.In light of this, the idea that Mr. Trump could conceivably occupy the Oval Office for four more years, despite his being a felon, should this be the case, is proof that the framers of the Constitution were not prescient enough to anticipate how sordid our nation’s politics would become.Mark GodesChelsea, Mass.To the Editor:In my view, Democrats would do well to turn off the indictment news and focus on defeating Donald Trump. Jack Smith’s clear indictment offers, to those willing to read it, compelling evidence of the flood of corruption that surged through the White House during the Trump presidency and will hopefully persuade some more moderate Republicans to abandon him. But winning a conviction without defeating him at the ballot box leaves us in the same dark hole or worse off than before.Few who still support Mr. Trump after learning about the details of the indictment will change their decision based upon Mr. Smith’s success in the courtroom. The specter of Mr. Trump losing in court and winning the election would do enduring damage to the nation.Mr. Trump must be defeated the hard way, at the ballot box.Larry LobertGrosse Pointe Park, Mich.Supporting World Heritage SitesYosemite National Park in California is one of UNESCO’s many World Heritage sites.Jim Wilson/The New York TimesTo the Editor:Re “After a Six-Year Hiatus, the U.S. Will Rejoin UNESCO in July, Agency Says” (news article, June 13):Thank you for your reporting that the United States plans to rejoin UNESCO. And for highlighting the importance of World Heritage sites, designated by UNESCO. Many Americans — and citizens of other nations — have visited and been inspired by World Heritage sites in the United States, including the Statue of Liberty, Yellowstone National Park, Chaco Culture National Historical Park and many other places.However, the United States last paid its World Heritage Committee dues in 2011. Congress and the Biden administration should pay our current year dues (estimated at less than $600,000) and past unpaid dues.The United States has continued to participate in the World Heritage program, including recent designations of Frank Lloyd Wright buildings, including the Guggenheim Museum, and pending nominations of Hopewell Ceremonial Earthworks in Ohio and the Historic Moravian Church Settlements in Bethlehem, Pa. Advocates are also working to nominate U.S. Civil Rights Movement Sites and the Okefenokee National Wildlife Refuge.Full U.S. engagement with World Heritage requires paying our share of the program’s costs. It would also permit the United States, a catalyst for the creation of the World Heritage program, to reassert our global leadership in heritage preservation, including such challenges as the reconstruction of World Heritage sites in Ukraine.Thomas CassidyArlington, Va.The writer is a trustee of World Heritage USA.Young Voices for Climate Action Amber Bracken for The New York TimesTo the Editor:The devastating Canadian wildfires make it imperative that we include everyone in climate advocacy, particularly young voices. These wildfires are stark reminders of the escalating climate crisis and the urgent need for change.Young voices are essential in demanding systemic transformations, as this is just one chapter in an existential fight that will persist for the rest of our lives.My climate advocacy is a matter of self-defense. I grew up in Portland, Ore., a place struggling with climate change. I have witnessed wildfires approaching my city and threatening my home, river ecosystems collapsing and their species being put at risk of extinction. The battle we face is not limited to a single fire season or year; it is a fight for our collective survival.Young people will bear the brunt of these disasters. Our future is at stake. Our voices must be heard. We did not ask for the fight against climate change, yet it is a battle we have shouldered since birth. We are ready to contribute our collective power to improve our future.Samantha BlockFalls Church, Va.The writer is a student at Bryn Mawr College. More

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      The Business Rules the Trump Administration Is Racing to Finish

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      #masthead-section-label, #masthead-bar-one { display: none }The Jobs CrisisCurrent Unemployment RateThe First Six MonthsPermanent LayoffsWhen a $600 Lifeline EndedAdvertisementContinue reading the main storySupported byContinue reading the main storyThe Business Rules the Trump Administration Is Racing to FinishFrom tariffs and trade to the status of Uber drivers, regulators are trying to install new rules or reduce regulations before President-elect Joe Biden takes over.President Trump is rushing to put into effect new economic regulations and executive orders before his term comes to a close.Credit…Erin Schaff/The New York TimesJan. 11, 2021, 3:00 a.m. ETIn the remaining days of his administration, President Trump is rushing to put into effect a raft of new regulations and executive orders that are intended to put his stamp on business, trade and the economy.Previous presidents in their final term have used the period between the election and the inauguration to take last-minute actions to extend and seal their agendas. Some of the changes are clearly aimed at making it harder, at least for a time, for the next administration to pursue its goals.Of course, President-elect Joseph R. Biden Jr. could issue new executive orders to overturn Mr. Trump’s. And Democrats in Congress, who will control the House and the Senate, could use the Congressional Review Act to quickly reverse regulatory actions from as far back as late August.Here are some of the things that Mr. Trump and his appointees have done or are trying to do before Mr. Biden’s inauguration on Jan. 20. — Peter EavisProhibiting Chinese apps and other products. Mr. Trump signed an executive order on Tuesday banning transactions with eight Chinese software applications, including Alipay. It was the latest escalation of the president’s economic war with China. Details and the start of the ban will fall to Mr. Biden, who could decide not to follow through on the idea. Separately, the Trump administration has also banned the import of some cotton from the Xinjiang region, where China has detained vast numbers of people who are members of ethnic minorities and forced them to work in fields and factories. In another move, the administration prohibited several Chinese companies, including the chip maker SMIC and the drone maker DJI, from buying American products. The administration is weighing further restrictions on China in its final days, including adding Alibaba and Tencent to a list of companies with ties to the Chinese military, a designation that would prevent Americans from investing in those businesses. — Ana SwansonDefining gig workers as contractors. The Labor Department on Wednesday released the final version of a rule that could classify millions of workers in industries like construction, cleaning and the gig economy as contractors rather than employees, another step toward endorsing the business practices of companies like Uber and Lyft. — Noam ScheiberTrimming social media’s legal shield. The Trump administration recently filed a petition asking the Federal Communications Commission to narrow its interpretation of a powerful legal shield for social media platforms like Facebook and YouTube. If the commission doesn’t act before Inauguration Day, the matter will land in the desk of whomever Mr. Biden picks to lead the agency. — David McCabeTaking the tech giants to court. The Federal Trade Commission filed an antitrust suit against Facebook in December, two months after the Justice Department sued Google. Mr. Biden’s appointees will have to decide how best to move forward with the cases. — David McCabeAdding new cryptocurrency disclosure requirements. The Treasury Department late last month proposed new reporting requirements that it said were intended to prevent money laundering for certain cryptocurrency transactions. It gave only 15 days — over the holidays — for public comment. Lawmakers and digital currency enthusiasts wrote to the Treasury secretary, Steven Mnuchin, to protest and won a short extension. But opponents of the proposed rule say the process and substance are flawed, arguing that the requirement would hinder innovation, and are likely to challenge it in court. — Ephrat LivniLimiting banks on social and environmental issues. The Office of the Comptroller of the Currency is rushing a proposed rule that would ban banks from not lending to certain kinds of businesses, like those in the fossil fuel industry, on environmental or social grounds. The regulator unveiled the proposal on Nov. 20 and limited the time it would accept comments to six weeks despite the interruptions of the holidays. — Emily FlitterOverhauling rules on banks and underserved communities. The Office of the Comptroller of the Currency is also proposing new guidelines on how banks can measure their activities to get credit for fulfilling their obligations under the Community Reinvestment Act, an anti-redlining law that forces them to do business in poor and minority communities. The agency rewrote some of the rules in May, but other regulators — the Federal Reserve and the Federal Deposit Insurance Corporation — did not sign on. — Emily FlitterInsuring “hot money” deposits. On Dec. 15, the F.D.I.C. expanded the eligibility of brokered deposits for insurance coverage. These deposits are infusions of cash into a bank in exchange for a high interest rate, but are known as “hot money” because the clients can move the deposits from bank to bank for higher returns. Critics say the change could put the insurance fund at risk. F.D.I.C. officials said the new rule was needed to “modernize” the brokered deposits system. — Emily FlitterNarrowing regulatory authority over airlines. The Department of Transportation in December authorized a rule, sought by airlines and travel agents, that limits the department’s authority over the industry by defining what constitutes an unfair and deceptive practice. Consumer groups widely opposed the rule. Airlines argued that the rule would limit regulatory overreach. And the department said the definitions it used were in line with its past practice. — Niraj ChokshiRolling back a light bulb rule. The Department of Energy has moved to block a rule that would phase out incandescent light bulbs, which people and businesses have increasingly been replacing with much more efficient LED and compact fluorescent bulbs. The energy secretary, Dan Brouillette, a former auto industry lobbyist, said in December that the Trump administration did not want to limit consumer choice. The rule had been slated to go into effect on Jan. 1 and was required by a law passed in 2007. — Ivan PennAdvertisementContinue reading the main story More