The union that wants to represent workers at Amazon’s BHM1 facility in Bessemer, Alabama is accusing the company of once again violating the National Labor Relations Act. In an email the Retail, Wholesale and Department Store Union (RWDSU) sent Tuesday, it said it would file Unfair Labor Practice charges against the retailer.

Specifically, the organization alleges Amazon broke the law by removing pro-union posters put up by members of BAmazon, and implementing a new rule that limits the amount of time workers can spend inside the facility to 30 minutes before and after their shift. Additionally, the RWDSU alleges Amazon forced workers to attend anti-union meetings. If the NLRB finds Amazon’s actions violated the law, the union could then challenge the result of the ongoing second election at BHM1. That vote is currently scheduled to conclude on March 28th.

“While we haven’t seen today’s filing yet, we’re confident that our teams have fully complied with the law. Our focus remains on working directly with our team to make Amazon a great place to work," Amazon spokesperson Kelly Nantel told Engadget.

Last April, BHM1 became the first large Amazon facility in the US to hold a union vote. While workers there voted decisively against forming a union, the RWDSU went on to successfully challenge the vote. The NLRB ruled the company had illegally interfered with the vote and called for a rerun of the election to be held. Whether Amazon wins or loses the second election at Bessemer, it could be months before the NLRB makes a decision on the latest allegations from the RWDSU. That could set the stage for a protracted labor battle at the facility. 

It's not just Amazon and Google workers hoping to organize. Sources speaking to The Washington Post claim workers at six or more US Apple Store locations are quietly planning to unionize, with "at least" two stores already garnering the support of national unions and prepping submissions to the National Labor Relations Board.

As you might guess, the central issue is pay. Employees talking to The Post said their pay was similar to what other stores offered, but wasn't keeping up with rising costs of living. Apple's corporate success also hasn't translated to better wages, the staffers said.

The pro-union workers have reportedly organized in secret to avoid possible eavesdropping and retaliation from Apple, using encrypted chats and even Android phones to keep communications private. The employees have supposedly been informally canvassing coworkers to gauge support and potentially secure majorities in the event of union votes.

We've asked Apple for comment. The company previously said it took all employee concerns "seriously" and "thoroughly" investigated issues when they came up, but didn't discuss particular employee issues as a matter of "respect for the privacy" of those involved. Apple appears to already be aware of unionization efforts, though. Much like Amazon, Apple is apparently using managers to issue anti-union warnings, such as claims workers may see reduced pay and benefits.

This isn't the first time Apple has dealt with team members unhappy about working conditions. Last year's #AppleToo campaign gathered hundreds of stories of toxic workplaces from both retail and corporate employees. Apple hasn't shown clear signs of addressing those concerns, though, and allegedly pushed out and fired #AppleToo organizers. There's no guarantee unions will improve conditions, but it's increasingly clear staffers want better treatment.

An Amazon union avoidance officer has reportedly told workers at the company's JFK8 warehouse that there's a possibility they could get lower pay than what they're currently getting if they unionize. Motherboard has obtained an audio recording of a mandatory anti-union meeting that happened on Wednesday, wherein the officer could be heard describing the collective bargaining process. "The negotiation phase of the process is called collective bargaining, and in the negotiation, there are no guarantees. You can end up with better, the same, or worse than you already have," the officer said. 

An employee then cuts in and asks what they mean that workers could end up with worse, and the officer responds that there are no guarantees what would happen: "We can't promise what's going to happen. Amazon can't promise you that they're going to walk into negotiations and that the negotiations will start from the same [pay and benefits workers have already]. They could start from minimum wage for instance. I don't think that will happen, but it's a possibility." 

"So you're saying that Amazon’s gonna say..." the worker said, to which the officer responded: "I just said I'm not saying that." When the worker asked "So why put that out there?," the officer completely changed the topic. In addition, the officer also talked about how workers will be liable to pay union dues if they unionize and that there's no limit to how much they could be charged in New York. The election will have "significant and binding consequences not just for yourselves but for future associates, your coworkers, and potentially for your family," they warned. 

Frank Kearl, the lawyer representing workers at JFK8, told Motherboard:

"The [union avoidance consultant] makes the threat and tries to walk it back but once you’ve poisoned the well you can’t take it back. Even though she realized she made a mistake in making the threat, it doesn’t mean the threat wasn’t made and heard by all the workers who were forced to sit in on that session. It's against the law and an unfair labor practice to make a threat of reprisal.”

The National Labor Relations Board had previously accused Amazon of threatening, surveilling and interrogating workers at its JFK8 warehouse to discourage them from unionizing. A union avoidance consultant reportedly told them back then that organizing at the warehouse would fail anyway, because the organizers were "thugs." Amazon denied the allegations. 

The Amazon Labor Union, which is an independent group seeking to represent workers in the company, successfully collected enough signatures at JFK8 in its second attempt to unionize. Amazon and the ALU have reached an agreement to hold an in-person union vote at the facility between March 25th and March 30th. 

Amazon workers at a warehouse on Staten Island in New York will hold a union vote next month. Derrick Palmer of the Amazon Labor Union (ALU), an independent group that's seeking to represent workers at JFK8, says the election will take place in person between March 25th and March 30th.

The workers refiled a union petition with the National Labor Relations Board in December after failing to obtain enough signatures in their previous attempt. This time around, the workers reached the union vote threshold, which is usually 30 percent of a workforce. More than 5,000 workers are employed at JFK8.

The NLRB has accused Amazon of threatening, surveilling and interrogating workers at JFK8 to dissuade them from unionizing. A union avoidance consultant reportedly called organizers "thugs" and said the union drive would fail.

Earlier this month, workers at another Staten Island warehouse called LDJ5 filed a petition with the NLRB to unionize with the help of the ALU.

Another union vote is taking place at a facility in Bessemer, Alabama. The NLRB ordered a second election at BHM1 after it determined Amazon interfered in the first vote, in which a majority of employees voted against unionization. Votes will be counted starting on March 28th. Last month, a union supporter at the warehouse accused Amazon of retaliating against him.

Engadget has contacted Amazon for comment.

The National Labor Relations Board has accused Amazon of threatening, surveilling and interrogating workers at its JFK8 warehouse in New York to discourage them from unionizing. According to the board's complaint as seen by Motherboard, Amazon brought a union avoidance consultant to the facility and told employees that it "would be futile for them to select the Union as their bargaining representative." The consultant reportedly said that union organizing at the warehouse would fail anyway, because the organizers were "thugs."

NLRB's complaint also said that Amazon representatives interrogated workers about union activities and promised to fix their issues if they didn't support the union and didn't distribute union literature. Further, the labor board alleges that security guards confiscated union literature from workers and told them they couldn't distribute the materials without permission. If you'll recall, Amazon's warehouse workers in New York filed a petition to unionize with the board last year, but they had to withdraw it after failing to gather enough signatures to be approved. The JFK8 workers re-filed their application in December and recently reached union vote threshold.

Amazon spokesperson Kelly Nantel denied the allegations to Motherboard, telling the publication: "These allegations are false and we look forward to showing that through this process."

These allegations come from a series of unfair labor practice charges filed by workers in May and June last year. The board investigated the incidents and found merit that they occurred. It has given Amazon February 10th to respond to the complaint and has set a hearing for it on April 5th. In addition to detailing workers' allegations in its complaint, the NLRB has also outlined a series of remedies it wants the company to follow. In particular, it wants Amazon to train its managers, supervisors, security guards and union avoidance consultants on workers' rights to organize and form unions. 

Activision Blizzard had until 6PM ET on January 25th to voluntarily recognize Game Workers Alliance, a group of Raven Software employees that recently gathered the votes to unionize, backed by Communications Workers of America. That deadline passed without recognition from Activision Blizzard, and Raven employees will now move forward with plans to file for a union election through the National Labor Relations Board.

"At Activision Blizzard, we deeply respect the rights of all employees to make their own decisions about whether or not to join a union," an Activision Blizzard spokesperson said. "We carefully reviewed and considered the CWA initial request last week and tried to find a mutually acceptable solution with the CWA that would have led to an expedited election process. Unfortunately, the parties could not reach an agreement."

In a series of tweets, GWA confirmed its plans to file with the NLRB. 

"This was an opportunity for Activision Blizzard to show a real commitment setting new and improved standards for workers," one tweet read. "Instead, Activision Blizzard has chosen to make a rushed restructuring announcement to try and hinder our right to organize."

Events have been unfolding quickly here, so let's break it down by day:

• January 21st: More than 30 quality assurance testers at Raven Software announced they'd gathered enough signatures to unionize, a move that would make Game Workers Alliance the first union at a large-scale North American video game studio. Raven is owned by Activision Blizzard and focuses on supporting Call of Duty: Warzone, so this is about as AAA as it gets. Union signatories asked Activision Blizzard leadership to voluntarily recognize GWA by January 25th.

• January 22nd: Raven workers ended a weekslong strike against Activision Blizzard, awaiting union recognition from executives. The strike began on December 6th, in response to layoffs of 12 QA testers at Raven — all of whom had signed their names to the unionization effort, according to The Washington Post.

• January 24th: Raven head Brian Raffel sent an email to employees announcing "organizational change" that would dissolve QA as a team and transfer those workers to various departments across the studio. This is known as "embedding" and it's not uncommon at AAA studios. Raffel said embedding was the next logical step in a process that began "several months ago."

"As we look ahead at the ongoing expansion of Call of Duty: Warzone, it’s more important than ever that we foster tighter integration and coordination across the studio – embedding will allow for this," Raffel wrote. 

The timing of the announcement and the focus on QA testers has concerned activist groups, union signatories at Raven and Activision Blizzard employees who have been fighting for cultural change at the studio since last year. Activision Blizzard is the subject of a lawsuit and multiple investigations into allegations of systemic gender discrimination and sexual harassment, and employees have walked out multiple times, calling for longstanding CEO Bobby Kotick to resign.

It's unclear how the restructuring at Raven will impact the union going forward, but the worry is that this move will impede members' ability to coordinate with each other. CWA said on Twitter that the announcement was "nothing more than a tactic to thwart Raven QA workers who are exercising their right to organize."

The CWA thread continued, "When Management uses meaningless buzzwords like ‘alignment,' ‘synergy,’ and ‘reorganization,’ they are sending a message to workers: ‘we make all the decisions, we have all the power.’"

An Activision Publishing spokesperson provided the following response to questions about the timing of the reorganization: 

“This is the next step in a process that has been carefully considered and in the works for some time, and this structure brings Raven into alignment with the best practices of other prominent Activision studios. It is also a milestone in our broader plan to integrate QA more into the development process as our teams strive to deliver best in class coordination in real-time, live service operations.”

All of which brings us to today. Activision Blizzard employees have a supermajority of votes in favor of unionizing, and they're bringing their case to the NLRB. This can be a protracted process, and the longer it takes, the more leverage Activision Blizzard leadership will have.

Cornell professor of labor and employment law Risa Lieberwitz told The Washington Post that the structural changes shouldn't interrupt the unionization process, but added that the timing "raises the question of whether [Activision Blizzard] are retaliating against the QA employees because of their union activities."

The full statement from an Activision Blizzard spokesperson about the failed unionization talks with CWA follows:

At Activision Blizzard, we deeply respect the rights of all employees to make their own decisions about whether or not to join a union. We carefully reviewed and considered the CWA initial request last week and tried to find a mutually acceptable solution with the CWA that would have led to an expedited election process. Unfortunately, the parties could not reach an agreement.

We expect that the union will be moving forward with the filing of a petition to the NLRB for an election. If filed, the company will respond formally to that petition promptly. The most important thing to the company is that each eligible employee has the opportunity to have their voice heard and their individual vote counted, and we think all employees at Raven should have a say in this decision.

Across the company, we believe that a direct relationship between managers and team members allows us to quickly respond and deliver the strongest results and opportunities for employees. As a result of these direct relationships, we’ve made a number of changes over the past couple years including raising minimum compensation for Raven QA employees by 41%, extending paid time off, expanding access to medical benefits for employees and their significant others, and transitioning more than 60% of temporary Raven QA staff into full-time employees. We look forward to continuing a direct dialogue with our team and working together to make our workplace better.

Microsoft last week announced plans to acquire Activision Blizzard for $69 billion, a deal that's poised to change the video game landscape completely. One day after that news dropped, Activision said in an SEC filing that there were no unionization efforts underway at the studio, though it had previously warned Raven employees to "consider the consequences” of signing union cards.

Isaiah Thomas is a 20-year-old Amazon worker at the company's Bessemer, Alabama facility, BHM1. He is also a vocal supporter of unionizing the warehouse. In a conference with press Monday evening, he described what he believed were surveillance and retaliation by his employer, solely because of his support for collective bargaining efforts. The Retail, Wholesale and Department Store Union (RWDSU), which has been working to represent employees at BHM1, has filed two unfair labor practice complaints with the National Labor Relations Board over the incident. 

In a screenshot provided by the union, a letter addressed only from "BHM1 Management" to Isaiah claims the worker was "soliciting in working areas, during working associate times." The letter concedes that these activities "may have occurred during your break time" but nonetheless contends that Isaiah was "in violation" of the company's solicitation policy. 

RWDSU, however, believes this action was itself in violation of "the settlement agreement the employer recently executed with the NLRB." That agreement, which was reported late last month, pertained to several instances of Amazon impeding union activity. The union filed a separate ULP, alleging that the company or its agents "created the impression Mr. Thomas was under surveillance." Amazon has been known to hold captive audience meetings meant to discourage union interest, and after one such meeting at BHM1 wherein Isaiah allegedly questioned a "labor relations manager," RWDSU states in its ULP that "Mr. Thomas observed the employer's agents circling his work area for no other purpose than to watch him work" and later assigned him to a different area where he could be "more easily observed."   

While RWDSU have described the letter as a "reprimand" in an email to Engadget, it's unclear if it represents a formal write-up. We've reached out for comment from Amazon.

BHM1 famously became the first large Amazon facility on US soil to hold a union vote. While the vote swung heavily in favor of the cloud-and-ecommerce giant, it was challenged on procedural grounds by RWDSU. The NLRB found merit to the challenge, ruling that Amazon had, in fact, illegally interfered with the unionization vote. Ultimately the Board determined a new vote should be held. It's scheduled to take place on February 4th (though the ballot count will not begin until the end of March.) 

Amazon is, beyond is preference for a non-unionized workforce, well known for its rate of employee attrition. Seemingly, the speed at which it churns through workers would disadvantage efforts to build a cohesive bargaining unit at BHM1. According to RWDSU, the current voter list at the facility it 6,143 people, just over half of which were present for the previous vote, which took place almost exactly one year ago. 

Having announced plans recently to form the first labor union within a North American AAA game developer, workers at Raven Software are ending their weeks-long strike action against publisher Activision Blizzard. "Pending the recognition of our union, the Raven QA strike has ended,” Activision Blizzard worker advocacy group ABetterABK said on Saturday in a tweet spotted by Eurogamer. “Unused strike funds are being stored for future organizing [and] strike efforts.”

The strike began in December when 60 employees and contractors with Raven Software’s quality assurance department walked off the job to protest the studio’s decision to lay off 12 of their co-workers. Raven is one of the developers that supports Activision’s Call of Duty franchise, and its QA team is specifically responsible for bugs and other technical issues in Warzone. When the action began, it had no planned end date, a first for the walkouts at Activision Blizzard. The publisher had reportedly declined to meet with the striking workers, despite mounting pressure from Warzone’s community over the game’s current state.

On Friday, the 34 workers who said they plan to unionize with the Communication Workers of America (CWA) asked Activision Blizzard to recognize their group, the Game Workers Alliance, voluntarily. The company has until January 25th to respond to the workers. "Activision Blizzard is carefully reviewing the request for voluntary recognition from the CWA, which seeks to organize around three dozen of the company’s nearly 10,000 employees," the company said on Friday.

If the company fails to respond to the group, it will file for a union election through the National Relations Broad. Since the collective has a supermajority of votes, with 78 percent of the 34-person unit supporting the action, they can form a union without voluntary recognition from Activision Blizzard.

News of the union drive at Raven comes in the same week that Microsoft announced its intent to buy Activision Blizzard for $68.7 billion. Pending regulatory approval, the company expects the deal, which could have far-reaching ramifications for the gaming industry, to close in June 2023.

The National Labor Relations Board (NLRB) has determined that Amazon illegally fired former worker Daequan Smith for trying to unionize its warehouses in Staten Island, New York. Smith, who was one of the organizers for the Amazon Labor Union (ALU), was fired in October 2021. The group filed an unfair labor practices complaint with the NLRB after his dismissal, accusing the company of illegal retaliatory firing over Smith's outspoken support for unionization. Now, according to Bloomberg, the board has found merit in the group's allegations and plans to issue a formal complaint against the e-commerce giant if the case doesn't settle. 

The Amazon Labor Union is made of up of former and current company workers and is an independent group not connected with major national unions. While the group failed to unionize Amazon's fulfillment centers in Staten Island last year, it refiled an application with the NLRB in December — a hearing is scheduled for that request next month. 

Smith wasn't the only ALU organizer that Amazon had fired. ALU president Chris Smalls also lost his job after he held a walkout at Amazon's JFK8 facility over the e-commerce giant's handling of COVID-19 safety at the warehouse in 2020. Amazon explained back then that Smalls "received multiple warnings for violating social distancing guidelines."

The company has been adamantly anti-union and had once told Engadget in a statement that it doesn't "think unions are the best answer for [its] employees." It added: "Every day we empower people to find ways to improve their jobs, and when they do that we want to make those changes — quickly. That type of continuous improvement is harder to do quickly and nimbly with unions in the middle." After reaching a deal with the NLRB in December, though, Amazon agreed to informs workers that they have the legal right to join, form or assist with a union through notices posted in workplaces, as well as on its mobile app and internal website.

As Bloomberg explains, NLRB brings complaints to agency judges if it finds merit in claims made by workers. The board's top prosecutor, Jennifer Abruzzo, one said she will "aggressively" seek court injunctions to get illegally fired employees back to work. ALU vice president Derrick Palmer, whom Amazon had disciplined for joining Smalls' COVID-19 protest, said Smith being reinstated would be a huge support for the group: "It would be monumental for him to go back to the same building that he was terminated from and speak his truth and let workers know that it’s OK to speak out."

Call of Duty: Warzone quality assurance workers at Activision Blizzard studio Raven Software have announced plans to unionize with the Communication Workers of America (CWA). They have asked the company to voluntarily recognize their group, which is called the Game Workers Alliance. The 34-person unit had the support of 78 percent of eligible workers, according to Polygon.

“We ask that Activision Blizzard management respect Raven QA workers by voluntarily recognizing CWA’s representation without hesitation,” CWA secretary-treasurer Sara Steffens said in a statement. “A collective bargaining agreement will give Raven QA employees a voice at work, improving the games they produce and making the company stronger. Voluntary recognition is the rational way forward.”

Workers have given Activision Blizzard until January 25th to respond to their request, according to The Washington Post. If the company fails to do so, the group will file for a union election through the National Labor Relations Board and, because the workers have a supermajority of votes, they'd be able to formalize the union without voluntary recognition from Activision Blizzard. Should the group approve the union in an election, the company would need to bargain with workers in good faith.

Sixty Raven workers went on strike in early December after Activision Blizzard laid off 12 QA contractors, despite a request from Raven leadership to keep them employed. The workers demanded the company convert all Raven QA contractors into full-time employees. So far, Activision Blizzard has reportedly been playing hardball and declining to meet with with the striking workers. Warzone players have been grousing about the game's bugs, which QA workers are tasked with finding and addressing.

"Activision Blizzard is carefully reviewing the request for voluntary recognition from the CWA, which seeks to organize around three dozen of the company’s nearly 10,000 employees," the company told Polygon. "While we believe that a direct relationship between the company and its team members delivers the strongest workforce opportunities, we deeply respect the rights of all employees under the law to make their own decisions about whether or not to join a union." It added that it has raised minimum pay for Raven employees by 41 percent over the last few years, extended paid time off and converted over 60 percent of the studio's contractors into employees.

The CWA claims Activision Blizzard has "used surveillance and intimidation tactics, including hiring notorious union busters, to silence workers.” Last July, the company hired WilmerHale, a law firm with a history of cracking down on unionization efforts, to review its HR policies.

The Game Workers Alliance said its principles include solidarity, equity, diversity, transparency and sustainability. "Shortened development timelines sacrifice project quality and damage the mental and physical health of our team," it wrote on Twitter. "'Crunch' is not healthy for any product, worker, or company."

Earlier this week, Microsoft announced an agreement to buy Activision Blizzard for $68.7 billion, the biggest deal in video game history. If shareholders and regulators approve the acquisition, which could have enormous ramifications for the industry, the merger should close by June 2023.

In an interview with the Post on Thursday, Microsoft Gaming CEO Phil Spencer noted that he didn't have much experience with unions personally after working at Microsoft for over three decades. “So I’m not going to try to come across as an expert on this, but I’ll say we’ll be having conversations about what empowers them to do their best work, which as you can imagine in a creative industry, is the most important thing for us," he said.

On Wednesday, Activision Blizzard said in a Securities and Exchange Commission filing regarding the planned merger that, "To the knowledge of the company, there are no pending activities or proceedings of any labor union, trade union, works council or any similar labor organization to organize any employees of the company or any of its subsidiaries with regard to their employment with the company or any of its subsidiaries." The week that Raven workers went on strike, Activision Blizzard sent its employees a letter imploring them “to consider the consequences” of signing union cards.

As Bloomberg's Jason Schreier noted, the Game Workers Alliance is the first union within a AAA gaming company in North America. Last month, workers at Vodeo Games formed the first video game union in the US. Management at the indie studio voluntarily recognized Vodeo Workers United. Swedish publisher Paradox Interactive signed a collective bargaining agreement with unions in 2020, while Japanese–Korean publisher Nexon recognized a workers' union in 2018.