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How Two Best Friends Beat Amazon

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How Two Best Friends Beat Amazon

Within the first darkish days of the pandemic, as an Amazon employee named Christian Smalls deliberate a small, panicked walkout over security situations on the retailer’s solely achievement heart in New York Metropolis, the corporate quietly mobilized.

Amazon shaped a response group involving 10 departments, together with its International Intelligence Program, a safety group staffed by many army veterans. The corporate named an “incident commander” and relied on a “Protest Response Playbook” and “Labor Exercise Playbook” to beat back “enterprise disruptions,” in keeping with newly launched court docket paperwork.

Ultimately, there have been extra executives — together with 11 vice presidents — who had been alerted concerning the protest than staff who attended it. Amazon’s chief counsel, describing Mr. Smalls as “not sensible, or articulate,” in an electronic mail mistakenly despatched to greater than 1,000 folks, really useful making him “the face” of efforts to prepare staff. The corporate fired Mr. Smalls, saying he had violated quarantine guidelines by attending the walkout.

In dismissing and smearing him, the corporate relied on the hardball techniques that had pushed its dominance of the market. However on Friday, he received the primary profitable unionization effort at any Amazon warehouse in the US, probably the most vital labor victories in a technology. The corporate’s response to his tiny preliminary protest might hang-out it for years to return.

Mr. Smalls and his greatest good friend from the warehouse, Derrick Palmer, had set their sights on unionizing after he was compelled out. Together with a rising band of colleagues — and no affiliation with a nationwide labor group — the 2 males spent the previous 11 months going up towards Amazon, whose 1.1 million staff in the US make it the nation’s second-largest personal employer.

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On the bus cease outdoors the warehouse, a web site on Staten Island often known as JFK8, they constructed bonfires to heat colleagues ready earlier than daybreak to go residence. They made TikTok movies to succeed in staff throughout the town. Mr. Palmer introduced selfmade baked ziti to the positioning; others toted empanadas and West African rice dishes to enchantment to immigrant staff. They arrange indicators saying “Free Weed and Meals.”

The union spent $120,000 total, raised by GoFundMe, in keeping with Mr. Smalls. “We began this with nothing, with two tables, two chairs and a tent,” he recalled. Amazon spent greater than $4.3 million simply on anti-union consultants nationwide final 12 months, in keeping with federal filings.

The unionization vote displays an period of rising employee energy. In latest months, a string of Starbucks shops have voted to prepare as nicely. However JFK8, with 8,000 staff, is one among Amazon’s signature warehouses, its most vital pipeline to its most vital market.

Amazon has fought unionization for years, contemplating it a dire menace to its enterprise mannequin. Its capacity to hurry packages to customers is constructed on an enormous chain of guide labor that’s monitored right down to the second. Nobody is aware of what’s going to occur if the newly organized staff strive to alter that mannequin or disrupt operations — or if their union is replicated among the many greater than 1,000 Amazon achievement facilities and different services throughout the nation.

For all their David-versus-Goliath disadvantages, the Staten Island organizers had the cultural second on their facet. They had been buoyed by a tightened labor market, a reckoning over what employers owe their staff and a Nationwide Labor Relations Board emboldened beneath President Biden, which made a key choice of their favor. The homegrown, low-budget push by their unbiased Amazon Labor Union outperformed conventional labor organizers who failed at unionizing Amazon from the surface, most lately in Bessemer, Ala.

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“I feel it’s going to shake up the labor motion and flip the orthodoxy on its head,” mentioned Justine Medina, a field packer and union organizer at JFK8 who had waited with an exuberant crowd in Brooklyn to listen to the vote outcomes.

The way forward for American unionizing efforts “can’t be about folks coming in from the surface with an organizing plan that folks need to comply with,” mentioned Sara Nelson, head of the flight attendants’ union, in an interview. “It has to return from inside the office.”

Now, each the nascent JFK8 union and Amazon face urgent questions. The union, with no conventional infrastructure, expertise or management, is more likely to face a authorized battle over the vote and difficult contract negotiations. The corporate, which didn’t reply to a request for remark for this text, should resolve whether or not to rethink a few of its techniques and deal with the underlying labor dissatisfaction that handed it such a sweeping defeat.

“Amazon wished to make me the face of the entire unionizing efforts towards them,” Mr. Smalls wrote in a tweet on Friday, showing undaunted by the duty forward. “Welp there you go!”

When Amazon opened the sprawling JFK8 web site in 2018, the corporate was each drawn to and cautious of New York, America’s most vital shopper market. The established Retail, Wholesale and Division Retailer Union introduced a daring aim: to show JFK8 into the primary organized Amazon warehouse within the nation.

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Quickly Amazon withdrew from its extremely touted plan to open a second headquarters within the metropolis, as a backlash grew over public subsidies it will obtain and its historical past of opposing unions. However the speak of organizing JFK8 went nowhere. In labor circles, many believed that Amazon’s turnover was too excessive, and its techniques too combative, for a union to succeed.

When the primary coronavirus circumstances had been confirmed at JFK8 in March 2020, Mr. Palmer and Mr. Smalls confronted managers with security issues. Staff had been more and more fearful about rising an infection charges and felt that Amazon was not notifying them about circumstances in a well timed method, managers documented in newly launched court docket data.

However Amazon refused to pause operations, saying it had taken “excessive measures” to maintain staff secure. The pandemic had turned JFK8 right into a lifeline for the town, the place 24/7 shifts and a fleet of vehicles delivered provides because it went into lockdown.

As Amazon moved to fireside Mr. Smalls that March, two human useful resource workers at JFK8 doubted the knowledge of his dismissal. “Come on,” one messaged. Mr. Smalls was outdoors, peaceable and social-distancing, she wrote. His firing, she predicted, could be “perceived as retaliation.” However the termination proceeded.

After the firing, the chief counsel’s smear towards Mr. Smalls — a full apology got here solely later — and the dismissal of one other protester, the 2 associates resolved to take motion. Mr. Smalls was outspoken, Mr. Palmer deliberate. They had been each Black males from New Jersey and the identical age (31 then, 33 now). Each had dropped out of neighborhood school, prided themselves on excessive scores on Amazon’s efficiency metrics and as soon as hoped to rise inside the firm.

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Now they made new plans. Mr. Palmer would maintain working at JFK8, the higher to alter it from inside.

In early 2021, they took a highway journey to a different Amazon warehouse. When staff held a union drive in Bessemer, Ala., Mr. Palmer and Mr. Smalls wished to witness it. However they discovered organizers from the retail union — the one which had beforehand declared an curiosity in JFK8 — lower than welcoming to them and thought the professionals appeared like outsiders who had descended on the neighborhood.

By April, staff in Bessemer had rejected the union by greater than a 2-to-1 margin. Mr. Palmer and Mr. Smalls declared their intention to prepare JFK8, however few took them severely. Why ought to they win when better-funded, extra skilled operatives had been crushed?

As they set about their first job — gathering hundreds of employee signatures to set off a unionization vote — cracks in Amazon’s employment mannequin had been plainly evident.

JFK8 had supplied jobs to staff laid off by different industries throughout the pandemic. However a New York Instances investigation final June revealed that the warehouse was burning by workers, firing others due to communication and know-how errors and mistakenly depriving staff of advantages.

Black associates at JFK8 had been virtually 50 p.c extra more likely to be fired than their white friends, in keeping with an inside doc. Even earlier than the pandemic upended work, Amazon warehouses had an astonishing turnover price of 150 p.c.

As Mr. Palmer and Mr. Smalls approached staff on the bus cease, Amazon’s tone towards its workers saved shifting. Jeff Bezos, the corporate’s founder, was handing over the function of chief govt to Andy Jassy, and the corporate raised wages and added the aim of being “Earth’s greatest employer” to its guiding rules. It pledged to hearken to complaints and enhance working situations.

At different instances, it was contentious. In a extensively publicized Twitter exchange concerning the Bessemer organizing, Amazon sounded so dismissive about staff who couldn’t take lavatory breaks and needed to urinate in bottles that it needed to apologize.

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In Might at JFK8, an anti-union marketing consultant known as the largely Black labor organizers “thugs,” in keeping with a grievance filed towards Amazon by the N.L.R.B. The retailer denied the episode.

And in November, the labor company mentioned Amazon had confirmed “flagrant disregard” for the legislation and threw out the outcomes of the Bessemer warehouse vote, ordering one other.

That fall, after months of gathering assist, the New York union organizers delivered greater than 2,000 signatures to the labor board, however they had been rejected for not assembly the minimal required to carry an election. Mr. Smalls mentioned Amazon had submitted payroll information to the board indicating that the corporate believed half the individuals who had signed playing cards not labored on the warehouse.

“In any case these months of onerous work, it appeared just like the momentum was gone,” Mr. Palmer recalled in an interview. Between working his shifts and organizing at JFK8 on his break day, he had spent barely a day away from the warehouse for months. Among the workers he approached had been skeptical of unions or dues, or simply grateful for Amazon’s well being care and pay, which begins above $18 an hour at JFK8. Others appeared too exhausted and cautious to even interact.

To press onward, the union leaders posted the TikTok movies, made out of doors s’mores and sang alongside to hip-hop and Marvin Gaye. When staff confronted household crises, the budding union prayed. One fired worker grew to become homeless, and the group arrange a fund-raising marketing campaign.

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Their near-constant presence on the warehouse helped. “The extra snug they get with us, that’s after they begin opening as much as us,” Mr. Palmer mentioned of different staff.

Some union sympathizers took jobs at JFK8 particularly to assist the organizing effort, in keeping with Ms. Medina, who was amongst them.

Amazon countered with the complete drive of its anti-union equipment. It monitored organizers’ social media, court docket filings present, pelted staff with textual content messages and blanketed the warehouse with indicators saying “Vote NO” or claiming the union leaders had been outsiders. The corporate usually held greater than 20 obligatory conferences with staff a day, The Instances reported final month, wherein managers and consultants solid doubt on the trouble.

“The Amazon Labor Union has by no means negotiated a contract,” one presentation mentioned. Dues could be costly, it continued, and the union “has no expertise managing this huge sum of money.”

Andro Perez, 35, works at a smaller Amazon warehouse close to JFK8, the place one other union vote is scheduled this month. He’s leaning towards voting sure, he mentioned, as a result of Amazon’s obligatory conferences largely criticized unions. He would somewhat his employer deal with the query: “What may you do higher?”

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The organizers at JFK8 fought again, submitting dozens of complaints with the N.L.R.B. claiming that Amazon violated staff’ rights to prepare. Amazon has denied their allegations, however the labor board discovered many to be credible and pursued them in administrative court docket.

By Christmas, the organizers scored a significant authorized win. Amazon agreed to a nationwide settlement, among the many largest within the company’s historical past, that mentioned staff may keep within the buildings to prepare after they had been off the clock.

With that, the organizers moved their potlucks indoors, giving them extra entry and legitimacy. Mr. Smalls’s aunt provided home-cooked soul meals: macaroni and cheese, candied yams, collard greens and baked rooster.

“What you do is you create a neighborhood that Amazon by no means actually had for staff,” mentioned Seth Goldstein, a lawyer who represented the organizers freed from cost.

At some point this February, Mr. Smalls was bringing lunch to the break room when Amazon known as the police, saying he had trespassed. He and two present workers had been arrested. The response might have backfired: The union’s movies of the episode on TikTok have been seen a whole lot of hundreds of instances.

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Kathleen Lejuez, 41, employed by Amazon for 9 years, mentioned she was not a “union fan” however voted for the organizing effort to ship a message to an organization that she felt had misplaced its connection to staff. “The humanity at Amazon is gone,” she mentioned in an interview.

Within the weeks earlier than the rely, Amazon, which has persistently mentioned its staff are greatest served by a direct relationship with the corporate, laid the groundwork for potential challenges to the election — arguing in authorized filings that the labor board had deserted “the neutrality of their workplace” in favor of the union.

On Friday morning contained in the company’s places of work in Brooklyn, Mr. Smalls, in siren-red streetwear, sat subsequent to Amazon’s lawyer to overview every poll. His knee jittered as every vote was introduced.

The votes had been tallied — 2,654 for the union, 2,131 towards. With a cushty margin secured, Mr. Palmer, Mr. Smalls and different representatives emerged into the spring mild, screamed with pleasure and clasped each other in a good circle.

A couple of miles away, at JFK8, staff had been stealthily monitoring the leads to between packing and stowing packing containers. There was no formal announcement. As a substitute, a shout rose up from someplace on the ground: “We did it! We received!”

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Grace Ashford and Noam Scheiber contributed reporting.

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Trump Tries to Move Hush-Money Case to Federal Court Before Sentencing

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Trump Tries to Move Hush-Money Case to Federal Court Before Sentencing

Former President Donald J. Trump sought to move his Manhattan criminal case into federal court on Thursday, filing the unusual request three months after he was convicted in state court.

The long-shot bid marks Mr. Trump’s latest effort to stave off his sentencing in state court in his hush-money trial, in which he was convicted of falsifying records to cover up a sex scandal.

He is scheduled to receive his punishment on Sept. 18, just seven weeks before Election Day, when he will square off against Vice President Kamala Harris for the presidency.

“The ongoing proceedings will continue to cause direct and irreparable harm to President Trump — the leading candidate in the 2024 presidential election — and voters located far beyond Manhattan,” Mr. Trump’s lawyers, Todd Blanche and Emil Bove, wrote in the filing.

Their filing came even as the Trump legal team is awaiting the result of a separate effort to postpone the sentencing; it opened a second front that could complicate the first.

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On Aug. 15, Mr. Trump asked the state court judge who presided over the trial, Juan M. Merchan, to delay the sentencing until after Election Day. Mr. Trump’s lawyers argued that they needed more time to challenge his conviction on the basis of a recent Supreme Court ruling granting presidents broad immunity for official acts.

The Manhattan district attorney’s office, which won the conviction of Mr. Trump on May 30, has argued that the Supreme Court’s ruling has “no bearing” on their case, which centers on Mr. Trump’s cover- up of a sex scandal involving a porn star. But the Manhattan prosecutors deferred to the judge on whether to delay the sentencing, leaving the door open for Justice Merchan to punt until after the election.

Justice Merchan was expected to rule on the delay request next week, and it is unclear whether Mr. Trump’s federal petition would disrupt that. In the federal filing, the former president’s lawyers asked a judge to find that Justice Merchan was barred by law from sentencing Mr. Trump while their attempt to move the case was underway.

It seemed possible that effort might backfire. If the federal judge does not grant the lawyers’ request, they will have further alienated Justice Merchan as he prepares to sentence their client. Mr. Trump faces up to four years in prison, though he could receive a shorter sentence, or merely probation.

There are signs the federal judge might be skeptical. Mr. Trump already tried — and failed — to move the case to federal court. Last year, soon after the former president was indicted, he asked the same federal judge to remove the case from Justice Merchan, arguing that it concerned official acts as president.

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The judge, Alvin K. Hellerstein, rejected that argument.

“The evidence overwhelmingly suggests that the matter was a purely personal item of the president — a cover-up of an embarrassing event,” Judge Hellerstein wrote in an opinion last year. “Hush money paid to an adult film star is not related to a president’s official acts. It does not reflect in any way the color of the president’s official duties.”

It is unclear how soon Judge Hellerstein might take up Thursday’s request, or whether he will hold a hearing to entertain it. In their filing, Mr. Trump’s lawyers cast aspersions on the New York State court system, saying its procedures had “proven inadequate” to protect federal interests and, if allowed to continue, would “result in further irreparable harm to President Trump.”

The unorthodox filing suggested that Mr. Trump’s lawyers are likely to make any and every attempt they can to delay the sentencing, even if Judge Hellerstein balks.

A spokeswoman for the district attorney’s office declined to comment.

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The filing on Thursday captured two of Mr. Trump’s favorite legal strategies: delay, and attacks on Justice Merchan.

The former president has on three occasions sought to oust Justice Merchan from the case, claiming he is biased, and lobbing personal attacks at the judge’s daughter, who is a Democratic political consultant. The judge has rejected each request and assailed the claims as “rife with inaccuracies and unsubstantiated claims.”

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Video: Heavy Downpour Floods New York City Streets

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Video: Heavy Downpour Floods New York City Streets

new video loaded: Heavy Downpour Floods New York City Streets

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Heavy Downpour Floods New York City Streets

Drivers navigated flooded roads, including major highways, as a storm hit the New York City region.

Announcement: Bainbridge Avenue Jerome Avenue.

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Senator Menendez’s Resignation Letter

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Senator Menendez’s Resignation Letter

ROBERT MENENDEZ
NEW JERSEY
COMMITTEES:
BANKING, HOUSING, AND URBAN
AFFAIRS
FINANCE
FOREIGN RELATIONS
The Honorable Phil Murphy
Governor of New Jersey
Office of the Governor
Trenton, N.J. 08625
Dear Governor Murphy,
United States Senate
WASHINGTON, DC 20510-3005
July 23, 2024
528 SENATE HART OFFICE BUILDING
WASHINGTON, DC 20510
(202) 224-4744
210 HUDSON STREET
HARBORSIDE 3, SUITE #1000
JERSEY CITY, NJ 07311
(973) 645-3030
208 WHITE HORSE PIKE
SUITE 18-19
BARRINGTON, NJ 08007
(856) 757-5353
This is to advise you that I will be resigning from my office as the United States Senator from
New Jersey, effective on the close of business on August 20, 2024.
This will give time for my staff to transition to other possibilities, transfer constituent files that
are pending, allow for an orderly process to choose an interim replacement, and for me to close
out my Senate affairs.
While I fully intend to appeal the jury’s verdict, all the way and including to the Supreme Court,
I do not want the Senate to be involved in a lengthy process that will detract from its important
work. Furthermore, I cannot preserve my rights upon a successful appeal, because factual matters
before the ethics committee are not privileged. This is evidenced by the Committee’s Staff
Director and Chief Counsel being called to testify at my trial.
I am proud of the many accomplishments I’ve had on behalf of New Jersey, such as leading the
federal effort for Superstorm Sandy recovery, preserving and funding Gateway and leading the
federal efforts to help save our hospitals, State and municipalities, as well as New Jersey families
through a once in a century COVID pandemic. These successes led you, Governor, to call me the
“Indispensable Senator.”
I thank the citizens of New Jersey for the extraordinary privilege of representing them in the
United States Senate.
Sincerely,
Pabet Menang.
Robert Menendez
United States Senator
New Jersey
cc: The Honorable Kamala Harris, President of the Senate
The Honorable Ann Berry, Secretary of the Senate

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