Bombarded by Amazon’s anti-union messaging in captive audience meetings, text messages and even on flyers plastered in the bathroom stalls, a majority of workers at the company’s warehouse in Bessemer, Ala., unsurprisingly voted against joining the Retail, Wholesale and Department Store Union.
The uncertified results show 1,798 workers voted against the union, while 738 voted in favor. The RWDSU is planning to file unfair labor practice charges against the company over alleged “illegal and egregious” actions during the election. But there’s something else they should do right away: implement a backup plan that could help tip the balance of power not only in Bessemer, but at the company’s Staten Island facilities and across the country.
The RWDSU should immediately establish what’s known as a “minority union” and demand the right to bargain on behalf of those 738 workers who voted yes. Unlike a majority union that represents the entire workforce in a warehouse, factory or other place of employment, a minority union — also known as a members-only union — represents only those workers who wish to join.
It’s happened before. After losing the certification election at the Volkswagen plant in Chattanooga, Tenn., in 2014, the United Auto Workers created a minority union, Local 42. The union and VW then formed a European-style “works council” that now includes all of the factory’s employees. More recently, the Communications Workers of America created a minority union representing about 200 workers at Google. This made big waves nationally because unionization is still rare in Big Tech.
Despite these successes, most unions do not think of minority representation as a viable option. But with private sector unionization at a historic low of 6.3%, it’s time they started.
Part of the problem is that few people really understand how minority unionism works. One common misconception is that the National Labor Relations Act of 1935 requires a majority. False. Section 7 of the Act states that employees have a right to form or join unions and to bargain collectively. It says nothing about needing a majority. Indeed, the legislative history of the NLRA makes clear that the drafters sought to protect “pre-majority” collective bargaining as an important step on the path to mature, majority union bargaining.
Amazon would, of course, refuse to recognize a minority union. In that case, the RWDSU should seek a ruling from the National Labor Relations Board ordering the company to negotiate. And regardless of what happens in Bessemer, the RWDSU should organize minority unions at all Amazon facilities. What do they have to lose?
Establishing a minority union at even one Amazon warehouse would allow those who join to elect officers and shop stewards. That’s the backbone of workers’ rights. These union officials would receive valuable RWDSU training in labor law, collective bargaining, grievance handling and other basics of labor-management relations. Even without a contract, they could still engage in “concerted activity” aimed at improving working conditions and recruiting new members. In particular, union representatives could ensure that workers’ Weingarten rights are honored.
Initially, any benefits obtained by the union would apply only to members. But sooner or later, enough workers would likely join a minority union to make it a majority. When that happens in enough facilities, Amazon might find it preferable to negotiate a single collective bargaining agreement covering all employees rather than deal with multiple unions at multiple locations.
Establishing a minority union as a beachhead is not a new idea. Fifteen years ago, Charles Morris made a convincing case in his book, “The Blue Eagle at Work.” Many academics and union activists panned the idea, arguing that it would drain resources from the national union with little real effect on bargaining power. This is simply an outmoded way of thinking.
I used to invite Douglas Fraser, the former president of the United Auto Workers union, to speak to students in my classes. He always told them, “As long as there are bosses, workers will find a way to form unions.” Recent polls indicate that the majority of American workers would like a union contract, but the deck is heavily stacked against them if they have to rely on winning a majority in a certification election.
Amazon won this round by paying $15 per hour. Henry Ford tried the same tactic a century ago with $5 per day. But Amazon’s management style, focused on complete control of every aspect of work, will be its undoing. American workers will only tolerate being treated like pieces of machinery for so long.
It’s unfortunate the union lost in Bessemer, but minority unionism would be a big step forward after such a stinging defeat.
Schurman is a distinguished professor and former dean of the School of Management and Labor Relations at Rutgers, The State University of New Jersey.
