How Two Friends Beat Amazon and Built a Union: An Update

[0] Hey, it's Michael.

[1] This week, the Daily is revisiting some of our favorite episodes of the year and learning what's happened in the time since they first ran.

[2] Today, we return to the story of how two friends and fellow warehouse workers, Chris Smalls and Derek Palmer, beat the odds to form Amazon's first union and learn the current state of their organizing efforts.

[3] It's Tuesday, December 27th.

[4] So, Chris and Derek, this is my colleague, Michael, who's the host of the day out.

[5] Hi.

[6] I'm really grateful because I know you guys are in the middle of what is perhaps the biggest moment of your lives that you made time to talk to us.

[7] Oh, absolutely.

[8] Thank you.

[9] Thank you, really, very much.

[10] So Chris and Derek, I want to start by asking you both about how you came to Amazon and to the JFK -8 warehouse in the first place.

[11] What was it that brought you both there?

[12] Well, I was employed for Amazon since 2015.

[13] I was an entry -level worker, got hired as a picker, warehouse associate, got promoted into process assistant in my first year, opened up three facilities for Amazon.

[14] Wow.

[15] You know, JFK was actually my last facility.

[16] So you're kind of a veteran at this point of the company.

[17] Right, right.

[18] At this time, I was already, you know, a PA for over four years, trained hundreds of their employees, trained management as well.

[19] That was hired within the company.

[20] And so I applied to relocate to JFK, which it didn't open yet.

[21] It was still under construction.

[22] So that was my plan to get into that building upon launch.

[23] And I knew as a, having seniority, I should be able to pick my shift in the days and times that I was supposed to work especially opening up a new building but I didn't get that opportunity they threw me right on to the worst shift which is 12 hour RT shift RT which is reduced time okay 12 hours Thursday Friday Saturday they took my whole weekend away and I live in New Jersey and didn't have a vehicle at the time so my commute was two and a half hours three hours each way and then had to work a 12 hours So that's how I ended up at JFK -8.

[24] Derek, what about you?

[25] How did you come to JFK -A at this warehouse in Staten Island?

[26] Well, similar to Chris, you know, I started working at a facility EWR4.

[27] In New Jersey?

[28] In New Jersey, yes, Robertsville, New Jersey.

[29] So I started in July, 2015.

[30] I started off as a counter, so I would like count the inventory.

[31] Can I ask you, what did Amazon mean to you, to have landed a job back in 2015 in Amazon?

[32] Oh, I mean, you know, at the time, you know, I was unemployed.

[33] I was doing like a lot of different temp jobs.

[34] And if it wasn't for my mother, honestly, wouldn't be at Amazon.

[35] So my mother told me about Amazon.

[36] Yeah, she told me about Amazon.

[37] So, you know, at the time, I didn't really know too much about it.

[38] I just knew that, you know, a lot of people were getting hired at these Amazon facility.

[39] And I said, you know what?

[40] Let me just try it out and see what happens.

[41] So I thought that, you know, Amazon was having, workers' like best interest.

[42] I thought they were just like, all right, you work hard, you move up.

[43] So immediately I, you know, adapt to that philosophy.

[44] And I just worked as hard as I could.

[45] You were going to move up.

[46] Yeah, that's the, in my mind, I was like, you know what, I'm going to move up with this company.

[47] I'm going to excel because Amazon such a big name.

[48] So, unfortunately, you know, it didn't go that way.

[49] But, you know.

[50] What do you mean?

[51] It didn't go that way as far as, like, me getting promoted.

[52] Did you have a theory about why?

[53] at the time I didn't know I thought that I just had to just keep working hard and that I'll be able to get promoted but what they did do is they offered me an ambassador position so ambassador are basically workers who train other workers so like all the new employees that get hired it was my responsibility to train them and Jody how does all of that fit with your reporting on the company and how Amazon operates So what Chris and Derek are describing is their experience, based on our reporting on Amazon, that's actually part of the company's design.

[54] Jeff Bezos intentionally created this system where the lower level warehouse jobs were the lower level warehouse jobs.

[55] Those were expected to have a tremendous amount of turnover.

[56] And then the management jobs in the warehouse or the corporate jobs in Seattle, those were totally separate.

[57] And rather than promote people from the warehouse jobs, those jobs he wanted to hire college graduates for.

[58] So this experience that Chris and Derek are describing, it's actually not only common, but it's part of Amazon's whole business model.

[59] So you're both, Chris and Derek, initially enthusiastic about Amazon.

[60] You see yourself as succeeding in your work, but you start to quickly.

[61] question that.

[62] It sounds based on your inability to rise.

[63] How does that work start to change at this warehouse as the pandemic hits?

[64] Well, it was just the fact that we were in the dark.

[65] We ain't know what the hell we was doing, what was going on with the virus because we're watching it on the news and the company's doing something else.

[66] Okay.

[67] So it was something off in there.

[68] something off in the building, with managers, with communication.

[69] And I'm like, what the hell is going on here?

[70] We're in the break room sitting shoulder to shoulder.

[71] Derek tell you, we were sitting there joking.

[72] We're all going to die because we're sitting shoulder to shoulder.

[73] And we're watching CNN.

[74] And they're telling us we need to be six feet apart with masks.

[75] Do you remember this?

[76] Yeah.

[77] What were you feeling in this moment?

[78] Same way.

[79] Like, I was scared.

[80] I'm like, the energy.

[81] in the building was just like everyone was quiet and no one knew what the next steps were.

[82] We didn't know what Amazon's plans were.

[83] So that was the energy that was going on at that time.

[84] And Jody, what is going on for Amazon at this moment?

[85] Well, here you have this massive warehouse.

[86] It's serving this huge market.

[87] It's serving New York City.

[88] And right as the pandemic is shutting everything down, Amazon is recognizing people want and need our service.

[89] And so what we're seeing is that right in this period of greatest fear and greatest uncertainty, when every American who can get sent home is going home, Amazon is trying to figure out how to get its staff to work to meet this demand.

[90] Right, this historic demand in the low pandemic.

[91] Exactly.

[92] They feel that this is their moment.

[93] And like Chris and Derek are saying, there's a lot of confusion in the warehouse.

[94] Our reporting showed that the information Amazon was providing to workers at this point was pretty spotty.

[95] and workers in the warehouse really did not have a clear sense of what was going on with COVID cases in their own building.

[96] So what do you do as your anxiety and it sounds like frustration is growing here?

[97] I just kept applying pressure on HR.

[98] Like, every day I would go in there and like, what are y 'all going to do until March 24th?

[99] When I came into work and one of the supervisors that worked the front half of the week, she was walking around sluggish she had her own mask and I looked at I'm like yo what's going on what's up with you and then she was like I don't feel good I went to go get tested yesterday I said wait a second you got a test they let you they tested you and you're here right so I'm like wait a second in order and I was watching the news and then you know obviously they said in order to get the test you had to be showing severe symptoms blood shot out eyes, rosy cheeks, she was showing all of them symptoms.

[100] So I said, you probably need to go home as a friend.

[101] And the colleague, she did.

[102] She went right home.

[103] I said, I'll take care of your assignments.

[104] I'll do all your engagements.

[105] But she's already been there for several days in a row for 10 -hour shifts around hundreds of people.

[106] And she tested positive.

[107] Wow.

[108] And I was like, in my, I'm looking around like, am I crazy?

[109] Like, yo, I'm leaving.

[110] I'm clocking out.

[111] I'm going home.

[112] And that's exactly what I went right downstairs, got Derek, because I ride the work with him.

[113] It was like noon.

[114] I said, yo, we need to get out of here.

[115] You're just walking out.

[116] We walked out.

[117] Whoa.

[118] So the next day, I came back to work.

[119] Derek came with me. We went straight into the break room at 7 o 'clock, 7 .15.

[120] And at the top of our lungs, and around, you know, we need to do something.

[121] We all just wanted the building to be closed and clean.

[122] So just to be clear, what you're asking for is a shutdown of the building because you know people have tested positive who are working inside of the warehouse.

[123] That's your request.

[124] Yeah.

[125] We just wanted to be closed for 14 days, incubation period, clean, and we would have came back to work.

[126] And we probably wouldn't be sitting here today.

[127] That's as far as you could see at that point.

[128] At the time, you know, at the time, that's all we wanted.

[129] And we saw an article about Uproar and it was Kentucky.

[130] Oh, yeah, yeah.

[131] Yeah, Kentucky did a walkout and their governor closed their warehouse.

[132] And I saw that in the article.

[133] And I'm like, well, how the hell we can't get that?

[134] So that's when I said, all right, let's plan a walk out here.

[135] Hmm.

[136] And now the media started to call.

[137] I'm like, oh, all right, all right, I'm picking up, telling them like, yeah, at noon, March 30th, it's going down.

[138] And I just kept telling the media that over and over, yes, we're playing the walkout.

[139] How many people?

[140] And I knew the media wasn't going to come.

[141] If I was said, five people.

[142] So, of course I lied.

[143] Of course I lied.

[144] What did you say?

[145] 200.

[146] I said, there's about be 200 people outside.

[147] And so what happens on the actual day of the walkout?

[148] Oh, wow.

[149] On the day of the walkout, we got up real early because I don't even think I slept the night before.

[150] I think I was like slim shady, mild spaghetti, and my stomach was turning.

[151] You know, Derek came to get me. It was like we was going across the bridge and I'm like, you know, in my head, I'm like, damn, we're about to do something.

[152] I don't even know what it's going to look like.

[153] You're nervous.

[154] It's going to happen.

[155] Yeah.

[156] All these emotions are going through.

[157] And, you know, we get to the building, and I knew it was real when we saw a helicopter hovering.

[158] And we saw, like, a row of media vans.

[159] I'm like, oh, shit.

[160] Yo, look what we did.

[161] Today, workers at Amazon's Staten Island warehouse walked out, demanding the facility be shut down and cleaned after her worker tested positive.

[162] Five minutes, see 60 workers, 50 workers, 100 workers coming out.

[163] but it's really like the handful of us that's in the parking lot holding the signs.

[164] Dozens of workers walked out today over safety concerns about the spread of coronavirus, demanding the facility be closed for at least two weeks and sanitized.

[165] And then I was fired.

[166] I got fired the same day at a walkout.

[167] They called me over the phone a few hours after the walkout around like 4 .35.

[168] And what was the rationale for you being fired?

[169] What are the companies saying?

[170] give him a chance to finish.

[171] They didn't even get him really a chance to explain it.

[172] Jody, what do we come to learn is behind Amazon's decision to fire Chris?

[173] Because we'll turn out to feel quite fateful.

[174] So Amazon's official explanation always has been and is to this day that Chris was violating quarantine.

[175] However, I'm going to read you text messages that were sent between two Amazon HR officials on the same day Chris was fired.

[176] They're saying things like come on they were social distancing as requested it was a peaceful protest his right to organize as protected this is going to be perceived as retaliation not a good look these are HR officials within Amazon expressing some real reservations about Chris being fired.

[177] Yes, they're saying, this is crazy.

[178] I don't even know what to say.

[179] So this is proof that even on that day, there were HR people at Amazon who thought this was a very bad idea.

[180] So then Amazon's chief counsel sends an email.

[181] In it, he describes Chris as not smart or a, articulate, he mistakenly sends the email to like a thousand people at Amazon.

[182] Wow.

[183] And what he's recommending in the email is that Chris become the face of all organizing at Amazon.

[184] So because you've held this walkout, you've been fired, this email has gone out about you that's pretty derogatory.

[185] What happens next?

[186] What do you decide to do?

[187] At that moment, that's what?

[188] When we decide to continue to advocate for workers, we founded an organization, the Congress of Essential Workers.

[189] And I just say, you know what, we need to, you know, form something that's going to, you know, just bring us in collectively as sort of like a coalition.

[190] And we formed this organization and we traveled the country, starting in New York at Jeff Basil's mansions and penthouses.

[191] that we can Google.

[192] We couldn't find all of them, obviously.

[193] We missed a couple.

[194] We missed the one in Miami, but we started in New York, and then we went to D .C., then we went to Beverly Hills, then we went to Seattle, and then we, at that time, that's when they started to unionize in Bessemer.

[195] And Jody, remind us what's happening in Bessemer, Alabama, at this moment.

[196] Well, it's an important period to note because it really seemed like Chris and Derek did not.

[197] have a lot of momentum.

[198] They had had this initial burst of publicity around Chris's firing and the walkout, but that had really faded at this point.

[199] It just feels like the company has the upper hand.

[200] The pandemic is progressing.

[201] Americans are very reliant on Amazon.

[202] The company is reporting record gains, and it's hiring like crazy.

[203] Like in three months, it scoops up 350 ,000 workers.

[204] That's equivalent to the population of St. Louis.

[205] There's almost no equivalent for that kind of hiring in American history.

[206] They're offering health care on day one and really solid wages.

[207] So the idea that the small band of workers are really going to be able to significantly challenge the company in the midst of all this, it seems really unlikely.

[208] But then, like Chris says, comes Bessemer.

[209] Right, which is this much more publicized and much more organized nationally -led effort to unionize another Amazon warehouse in Bessemer.

[210] Yes, this one has the support of national labor groups and eventually some big -name politicians like Bernie Sanders, Alexandria Ocasio -Cortez.

[211] And Chris and Derek, what are you thinking as you watch Bessemer start to heat up?

[212] I was like, okay, sure, I support it, 100%.

[213] and I supported it so much that we decided to drive 16 hours down there and I thought that would be helpful to their efforts.

[214] Instead, they said, no, we want to do this to Alabama way.

[215] And I said, whatever the hell that means, what's the Alabama way?

[216] I don't know.

[217] But I know now what it is because they didn't allow us to rally.

[218] They barely wanted us to talk to workers.

[219] They told us like, you know, we don't really want you to talk to the workers because it's going to intimidate them even more because you got fired.

[220] It was frustrating because if you're an organizer, his story's a goldmine if you're talking to workers and convincing them why they need a union.

[221] So I felt like it was like, oh, you guys from New York, y 'all can leave, we don't need job.

[222] They were so confident that they were going to win.

[223] And I didn't get that type of vibe.

[224] Workers were not on board the way the media was portraying it as if this union was doing this amazing campaign.

[225] That's not what we saw.

[226] We saw something totally different.

[227] Right.

[228] And the reason this matters, and Craig Mark from Long Jody, is like, when it comes to a union vote in a place like Bessemer, every single worker's vote counts.

[229] Absolutely.

[230] And they were using a more conventional model.

[231] This was a big union, the retail workers' union.

[232] But I think that part of the question, in retrospect, about Bessemer, is how much of this was coming from the Amazon workers inside the world.

[233] warehouse.

[234] Some of it was, absolutely, but not all of it.

[235] So the vote is over, and it was fairly one -sided.

[236] I'll give you the final numbers.

[237] 1 ,798 votes against the union, 738 votes for the union.

[238] It sounds like Chris and Derek, Jody, you're all saying a version of the same thing.

[239] Chris and Derek, what you saw was organizers not really connecting with workers, organizers from a big national union, and that they were taking a top -down approach.

[240] And, Jody, you're saying that's a pretty conventional, traditional, old school approach and put it all together, it just didn't succeed.

[241] Well, I should say technically the fight in Bessemer has stretched on a long time, but the initial vote there to form a union, that did fail.

[242] And when that happened, you know what a lot of people just said was, okay, the conventional wisdom is true.

[243] You can't organize an Amazon warehouse.

[244] Chris and Derek, is that how you saw it?

[245] As you head back to New York, having seen this failure in Bessemer, you guys make this very meaningful decision to try to form your own union, the Amazon labor union, the ALU, rather than join a national union.

[246] Was that based on what you had just seen?

[247] Yeah.

[248] The main reason for me was like going down there and seeing how Bessemer handled their campaign, the fact that they weren't engaging with these workers was a red flag.

[249] about working with a big union.

[250] Yeah, about working with a big union because I feel like unions have been around for a long time they had like their own approach.

[251] We knew it was going to be hard.

[252] It was harder.

[253] You know, obviously resources, you know, money.

[254] That's what big unions provide.

[255] But the fact that we're the workers and we can connect with them, that's all we needed to really know.

[256] So we didn't hesitate.

[257] Soon as it was over, there was some people in my team at the time that was like, you know, They wanted to study Jane McLevy They wanted to study All these expertise And they did We signed up For the courses I never got a chance to take them You know Derek, it was working Me neither So I said Let's go while The iron's hot And also I thought in my head I said How the hell We're going to listen To expertise When there's never been done before In reality We're the experts We're the ones Who invested into this company We know the ins and out The company Right And that's exactly how this campaign, our campaign, played out.

[258] We'll be right back.

[259] Okay, Chris and Derek, you get back to New York after your experience in Alabama.

[260] Tell us about how you go about trying to build your own union from scratch.

[261] We didn't know what we had no playbook.

[262] We was like, we went to Walmart, picked up two tables, four chairs, and a tent.

[263] I spent $150.

[264] out of GoFund me, by the way.

[265] And we went out to JFK and we said, all right, let's stay here by the bus stop.

[266] We just picked that spot.

[267] So you set up a tent and chairs by the bus stop.

[268] By the bus stop.

[269] Why the bus stop?

[270] Because it's public.

[271] And we can't be removed because it's public.

[272] And the workers are going to get off of the bus stop.

[273] Exactly.

[274] They're going to get off the bus stop.

[275] They're going to see us.

[276] And what are you doing at the bus stop?

[277] What are you saying to people at the bus stop?

[278] In the beginning, there's nothing.

[279] I was out there by myself.

[280] literally i would go there set up the whole setup by myself on hot summer days and sit out there for hours just like that hands crossed and feed up just waiting for workers to trickle off the bus and i would just catch them and i tried to get as many people as possible and we didn't even know what we were pitching we were just like yo y 'all y 'all need to sign up we're going to form a union we didn't have too much to offer it we only had a pamphlet and all authorization cards.

[281] That's it.

[282] Wait, and wait, Tuddy, can you just explain to us the significance of authorization cards in forming a union?

[283] Sure.

[284] They're the first step towards forming a union.

[285] You need enough cards signed from workers to show that you have enough support to even trigger an election.

[286] Once you get enough signatures, typically it's 30 percent of basically everybody in the potential union.

[287] Exactly.

[288] You file them to the National Labor Relations Board.

[289] Then you can, have an official election on whether or not a union will be formed.

[290] Okay, got it.

[291] And Chris, what happened once you started hanging out at the bus stop trying to get these authorization cards signed?

[292] Amazon didn't waste no time.

[293] The first day, as soon as we set up, they came right over.

[294] You guys can't be here.

[295] A dude coming over there yelling at us.

[296] He threatened to call the cops.

[297] We said, call him.

[298] He ain't called him.

[299] And, Derek, you are still working at Amazon, right?

[300] That's complicated.

[301] First of all, we have the TCOEW Congress of Essential Workers' shirts, so I'm wearing it throughout the building.

[302] So I'm letting Amazon know right then and there, like, look, this is my stance.

[303] I'm going to continue to work, and I'm going to be like the voice of the associates in the inside of the facility.

[304] Because after Chris got fired, you know, a lot of workers were scared, scared to speak out about anything in general.

[305] So if I'm in the building, like I'm showing Amazon that I'm fearless and I'm not going to give up.

[306] And I knew that they can't, you know, if they do something about it, then it is what it is.

[307] But I'm going to go out with the fight.

[308] And what are you kind of seeing on the inside in terms of Amazon's efforts to communicate and its efforts to stop this?

[309] It's saying, do not talk to the AOU members.

[310] Their group of workers with no experience as far as having a union, they were saying, oh, you have to pay dues if you sign this card.

[311] So they were just throwing all types of jabs at us.

[312] But, you know, me being organized and me being an inside, that's my job to, like, ease detention and let them know, like, look, you sign this authorization card, you know, there's not going to be any penalty for signing the card.

[313] We just need to gather support so that we can have an election so that we can have a union.

[314] Every day, I'll be talking to workers every single day.

[315] They would either sign the card inside the building.

[316] If they didn't sign the card inside, I'd go out there, talk to Chris.

[317] And, you know, it worked.

[318] Well, Chris, tell me more about what's going on on the outside in this tent as this progresses.

[319] What's happening at the bus stop?

[320] What's being offered at the tent?

[321] You know, I had the outside game.

[322] They had the inside game.

[323] And every day shift change.

[324] We know that we're about to see 600 to 800 workers getting on and off this bus.

[325] But then it came to a point where, you know, we didn't sign them all up already.

[326] That we're like, did you sign?

[327] We're asking the same people that are like, damn.

[328] So we had to change up our strategy.

[329] We was focusing more on days.

[330] So now it's like, all right, we got to do the overnight.

[331] So now I'm telling the team, y 'all got to come at a later time so you got to stay into the morning because we got to get the night shift.

[332] And night shift was lovely.

[333] We had nights on lock from the moment we started.

[334] You know, people love the fact that we was out there, you know, setting up bonfires.

[335] Bonfires?

[336] Yeah.

[337] We were, you know, cooking s'mores.

[338] We were singing, you know, guitar, acoustic music.

[339] and playing music and it just felt like we built a little community right there right at the bus stop and basically sometimes we'd be out there praying holding hands crying singing it was just like a real you can't explain the emotions that were going on it was spiritual and that's when I knew like this is going to work like we were like a glimmer of hope for these workers because when they got out of the bus if we wasn't there they were like yo where was y 'all so like I knew once we got to that point I'm like, we got so.

[340] And think about it, like how we were saying we went to Bessemer and they weren't engaging with the workers, we had to make sure we did that consistently.

[341] So this to you is the opposite of the top -down approach you saw in Bessemer.

[342] There's people that I know and heard them say, I signed up because I saw y 'all out here for the last year.

[343] We sacrificed.

[344] We all sacrificed our personal lives.

[345] Amazon's 24 -7, so I would tell my team that every time we're not there we're losing so we got to be there one of us two of us got to be out there no matter what y 'all doing you got to be there to the point that we would even sleep outside in that tent overnight wow and wait for the night shift workers to get off huh we would have our alarm set in our phone so that the alarm go off oh these workers about to get off so like that type of commitment workers seeing us there consistently helped you know ease detention We was giving out marijuana.

[346] He was giving out books.

[347] We was giving out clothing items.

[348] We were helping workers just, we were paying for people's Ubers.

[349] One time a worker came out, high blood pressure, he needed to get to the hospital.

[350] $100 Uber, go to the hospital.

[351] Amazon refused to pay for it.

[352] Refused.

[353] They told him to go home on the bus.

[354] Whatever it took to get even one person, we were doing it.

[355] And we got the national agreement signed.

[356] That was in December.

[357] now we switched up our strategy again.

[358] Okay, hang on just a moment.

[359] National agreement.

[360] Jody, can you explain what that is?

[361] Sure.

[362] So this is a really important thing that happens.

[363] They get a landmark settlement from the National Labor Relations Board that allows them to organize inside the building.

[364] So now the team is spending hours and hours a day in the break room.

[365] And there's one particular day when Chris himself comes up to the building to deliver food to the workers inside.

[366] You were currently trespassing on Amazon property if you are not an Amazon associate.

[367] So anyone here is not an Amazon associate.

[368] That sign over there says visitor, right?

[369] I'm a visitor.

[370] Now, I've asked you so many times.

[371] I know, but I'm a visitor.

[372] I just told you I'm a visitor, right?

[373] That day they called the police who arrest Chris for trespassing.

[374] They didn't just arrest me. They arrested two other workers that made it worse.

[375] Oh, yeah, now you got more hands on.

[376] Let me go.

[377] What was the response to your arrest?

[378] Oh, that was a gym.

[379] That was a gem.

[380] They lost the election right there.

[381] What do you mean?

[382] Trust me, for them to see me get arrested for giving them food, the people that were undecided are on the fence about the union, they was like full on me with y 'all.

[383] That was the turning point.

[384] They lost the election right there.

[385] That's interesting because it strikes me, that's the second time that Amazon's handling of you seems to really play a key role in your understanding of how this all plays out.

[386] The first, of course, being their decision to fire you.

[387] Right, and that's why I stood my ground.

[388] Hmm.

[389] Okay, so, Jody, I want to ask you what the prospects look like as you understand them heading into this vote.

[390] The conventional wisdom, I have to tell you, just based on the David, in Goliath nature of the story, is that this is not going to be a successful effort.

[391] Amazon, we know, spent $4 .3 million in a single year on anti -union consultants.

[392] Chris and Derek, the ALU, had a total budget of $120 ,000.

[393] And then there's the fact that essentially this hasn't happened in modern times for a really large facility with thousands of workers to form a union.

[394] To take one very rare example of that, which is over a decade old, there's a slaughterhouse in North Carolina that took 15 years to organize.

[395] But if you want to find an example of it happening with a company this big, you'd probably have to go back to the auto workers who unionized General Motors in the 1930s.

[396] Chris and Derek, are you at that point internalizing all this doubt?

[397] Hell no. I sat my prayer by myself, at home.

[398] I went to the board and my favorite color.

[399] Which is?

[400] Red.

[401] And I sat here just like this, and I watched them drink water and sweat the whole time.

[402] Well, just, explain this scene.

[403] You go to the board to watch what?

[404] To watch the vote count.

[405] You're inside a government building, National Labor Relations Board.

[406] Yeah.

[407] The vote is being counted.

[408] Just set that scene.

[409] What's happening in the room?

[410] Amazon had six multibillion -dollar lawyers compared to our one pro bono lawyer on their side, six of them.

[411] And then we sit in the front.

[412] Two people are allowed one on each side get to sit at the table in front of the ballot count.

[413] Mm -hmm.

[414] There's like four or five board agents, two or three of them are opening up the ballots and, like, prepare them to be read in a smooth fashion.

[415] And then there's one person that's reading.

[416] them, then the other two are tallying them.

[417] And it's like from right to left, pretty much they're sliding, and we're sitting in front of this small table and we're watching them say yes or no. Yes, no. Yes, no. So it was boring, but...

[418] At what moment in this counting, do you feel certain that you did this, that you won?

[419] When we got down to the last two boxes and we were up, three, four hundred, they're not coming back from that.

[420] I was like, oh, it was too bad.

[421] I was looking back at my team, looking back over this show, and I'd be good.

[422] What kind of communication is going out between you guys?

[423] A head nods.

[424] Head nods, spiles.

[425] Fist pumps and stuff.

[426] Yeah, I salute with the cameras.

[427] I was trying to tell people, stop being nervous.

[428] We got this.

[429] And I'm not going to lie.

[430] Several members of my team thought we lost to.

[431] I ain't going to call them out right now, but they know who they are.

[432] They thought that we were going to lose.

[433] And, you know, here we are.

[434] To the first union of American history.

[435] Let's stop.

[436] Do you have a message for Jeff Bezos?

[437] Oh, we want to thank Jeff Bezos for going to space because when he was up there, we were signing people up.

[438] How are you processing that?

[439] I still can't believe it, because even though I was out at that bus stop, I was looking at certain articles, quotes from people, expertise.

[440] So y 'all know what the hell y 'all talk about.

[441] We out here, y 'all can say what y 'all want.

[442] I know what we were doing, and I was like, they have no idea.

[443] We got a workers budget, and sometimes no budget.

[444] So our campaign was built off of pure love and caring for one another.

[445] That's it.

[446] We got contacted by over 50 buildings, different buildings, in different states.

[447] Amazon workers around the country.

[448] Around the country.

[449] This interest in California, Texas, Arizona, Michigan is growing.

[450] So, I do have to say, in many ways, the hard part is still ahead for you guys.

[451] I'm sure you know that.

[452] Yeah, we know that.

[453] You won the right to unionize, but the next step is negotiating a labor contract.

[454] And in talking to all of our colleagues talking to you, Jody, about this, one of the most difficult task for any union at birth is negotiating a contract with a company, any company, let alone a company like Amazon, which is going to be pouring millions and millions of dollars into making it really hard for you to achieve that contract.

[455] And without a contract, the union is not really much of anything.

[456] So how aware are you of that?

[457] People should know me by now.

[458] We're fighters.

[459] That's one thing for sure.

[460] We're fighters.

[461] We're going to get a contract, whether they like it or not.

[462] And whatever way, by any means, whatever it takes, we'll get it done.

[463] Well, Chris and Derek, thank you very much.

[464] Thank you for having us.

[465] Thank you.

[466] And Jody, thank you very much.

[467] A pleasure.

[468] I'm grateful for all your time.

[469] After the break, I called up Derek once again to find out where things stand with the Amazon Labor Union since it first formed in April.

[470] We'll be right back.

[471] Well, Derek, welcome back and thank you for making time for us again.

[472] Yeah, no problem.

[473] Thank you for having me. So it's been about eight months since we last spoke.

[474] And when we left off last time, you and Chris were telling us about how you got this union vote to go your way.

[475] I mean, it was historic and it was enormous.

[476] But as you acknowledged at the time, it was just the beginning of a very long process.

[477] So catch us up on the major developments that have happened since then.

[478] Well, you know, we've been basically trying to get other.

[479] campaigns going at different facilities.

[480] One campaign was at LDJ5 in Staten Island, which is directly across the street from JFK8.

[481] Also, ALB1, that's in Albany, New York.

[482] You're trying to get other Amazon warehouses and their workers to vote to create a union?

[483] Yes.

[484] What happened with those votes?

[485] It didn't go in our favor.

[486] You know, we did lose those campaigns, which is fine, though.

[487] You know, something that we expected.

[488] Why did you expect it?

[489] We knew that, you know, once we went at JFK -8, Amazon would amplify their union -busting efforts even more than they did at JFK -8.

[490] But, you know, at the same time, that win is motivating other workers to start campaigns of their own and go under the ALU umbrella.

[491] So, Derek, have any Amazon warehouses or facilities unionized since you did?

[492] No, but we have had other buildings start their campaigns.

[493] O -N -T -8 in the Valley of California, San Bernardino.

[494] You know, they have their campaign going there, and the way it's looking, it's looking like they'll be able to file their petition for an election soon.

[495] But we want to get as many signatures as possible before we just file.

[496] So we want to build up as much support there to guarantee that the workers will vote yes when it's time to vote.

[497] Got it.

[498] It's interesting because this has been such a big moment for unions.

[499] Starbucks comes to mind, but also Apple, Chipotle, Trader Joe's, the retailer, R .E .I. And some of them have gotten further along in getting their individual stores to unionize than it seems like workers at Amazon have.

[500] And I wonder if that is a little bit bittersweet for you to kind of see other unionize.

[501] drives happen at a faster rate?

[502] No, I mean, it's not bittersweet, you know, because, you know, we got to really understand what's happening.

[503] You got to understand the dynamics.

[504] These Starbucks stores, you know, they have about 20 people, and you have to get 30 % of them to sign authorization cards under the National Labor Relations Board process versus us, where we have over 8 ,000 workers, and we have to get 30 % of them to sign authorization cards to even get to an election.

[505] You're saying the math is in the favor of the Starbucks workers?

[506] Yeah, absolutely, absolutely.

[507] You know, you want to get the large fulfillment centers, and that's what we've been aiming at because there's so many people there, because the more workers you have that are pro -union across the United States, that's more pressure for Amazon to come to the table and negotiate a contract.

[508] Hmm, well, that's what I wanted to turn to now.

[509] Let's get back to what you all are doing in your warehouse now that you have successfully voted to unionize.

[510] Where are the discussions with the company about a contract?

[511] Well, right now, you know, we have to get our certification to even bargain.

[512] So that's number one.

[513] And that should be coming before the new year.

[514] So once we get that, we're going to put it.

[515] an immediate bargaining order with Amazon to negotiate.

[516] But, you know, that is a process, too.

[517] You know, Amazon could appeal that.

[518] Yeah.

[519] I mean, what I hear you saying is this process is just slow.

[520] It is almost designed to be hard.

[521] Oh, yeah.

[522] There's nothing about organizing is easy.

[523] We know from our conversation that Chris left the company.

[524] He told us he was forced out.

[525] You still work there, right, at the same warehouse were you guys unionized.

[526] So what has it been like there for you as a worker?

[527] Oh, man. It's been basically all eyes on me or all eyes on us, so to speak, as far as organizers.

[528] Have there been any moments where you could literally detect that or feel it?

[529] Yeah, so just about two weeks ago, you know, myself and Chris, and other organizers were at the bus stop, not even on the property, not in the building, at the bus stop, on public ground, passing out union literature to workers.

[530] There was like a little mini dispute between one of the workers and one of the organizers.

[531] That same week, I went to work, and I was suspended because of the incident that took place.

[532] Out on the street, at the bus stop.

[533] Out on the street in the bus stop.

[534] And what was the rationale for suspending you?

[535] Oh, they said they wanted to investigate the incident that took place on London.

[536] And honestly, that's why we're able to have this call right now.

[537] Because you're still suspended?

[538] Because I'm still suspended.

[539] Huh.

[540] So I was told that I was going to be suspended for seven days with pay.

[541] And the seven days was up as of yesterday, which was my birthday, actually.

[542] so they decided to extend the suspension two more weeks and I'll have to report back to work on the 28th of December pending this quote -unquote investigation.

[543] Interesting.

[544] So sketch the future out for me for just a moment.

[545] Let's say we're talking to you in a year's time.

[546] You know, what do you think slash hope that this is going to all look like?

[547] We will have a contract by 2024.

[548] For sure.

[549] That's the goal.

[550] And also other facilities will be unionized as well.

[551] And that's, you know, that's just what's going to happen.

[552] It's only so long that Amazon could put up these fights.

[553] You know, workers are empowered and they've been empowered since April.

[554] It's a slow process.

[555] But, you know, eventually time prevail.

[556] And workers will start unionizing.

[557] You know, it's already happened.

[558] It's already starting.

[559] And, you know, You know, I'm very optimistic about the future because I know that unionizing is the future, you know, not just for Amazon, but other tech companies as well, you know, across the world.

[560] So this is just a turning point in the labor movement.

[561] Well, Derek, thank you very much.

[562] Once again, we appreciate your time.

[563] Thank you so much.

[564] And happy holidays.

[565] All right.

[566] Thank you.

[567] Today's episode was produced by Diana Wynn and Muzzi, with help from Claire Tennis Getter and King.

[568] Caitlin Roberts.

[569] It was edited by Lisa Tobin, Michael Benoit, John Ketchum, and Anita Badajo, and contains original music from Mary Lazzano and Dan Powell, and was engineered by Chris Wood and Sophia Landman.

[570] Our theme music is by Jim Brunberg and Ben Landsberg of Wonderly.

[571] Special thanks to Karen Weiss, Martin DeChico, and Steve Meng.

[572] That's it for the daily.

[573] I'm Michael Babarro.

[574] See you tomorrow.