3 ms·

It's effectively the same thing as Cunningham and Costa themselves saying they would pursue a ULP charge. It's just that in labor cases, the NLRB screens compla

It's effectively the same thing as Cunningham and Costa themselves saying they would pursue a ULP charge. It's just that in labor cases, the NLRB screens complaints first and then steps in to represent the complainant for complaints that are credible. That is not a final determination, though: the piece of paper that Cunningham and Costa held does not say that the NLRB will find that Amazon did engage in a ULP and exact a penalty. It merely says that an NLRB attorney will represent Cunningham and Costa in resolving the matter.

tyingq 6y ago
"the NLRB screens complaints first and then steps in to represent the complainant for complaints that are credible" That's a pretty big difference.
- GavinMcG 6y ago
  How so? On the whole, it saves Amazon the hassle of dealing with "unfair labor" complaints that really aren't. And it's not like the NLRB attorneys give the employee some special advantage. Frankly, there are a lot of cases where the employee would probably be better off working with a private attorney whose incentives are more aligned with the employee's. And either way, Amazon had a piece of paper from a lawyer that said "we will pursue this if you don't settle."
  - sreque 6y ago
    The NLRB are appointed by the president and can behave with incredible political bias: https://republicans-oversight.house.gov/release/oversight-report-on-nlrb-finds-pro-union-bias-ex-parte-communication-violations/ https://republicans-oversight.house.gov/release/oversight-re... The reach of the executive branch has extended far beyond what is healthy for the nation of the United States.
    - GavinMcG 6y ago
      Sure, but they're still constrained by the Courts of Appeal and the Supreme Court. And that bias would show up in the final decision: merely having a letter saying the NLRB will take up the case is multiple steps removed from the political appointment concerns.
      - sreque 6y ago
        Tell that to Boeing: https://www.nytimes.com/2011/12/10/business/labor-board-drops-case-against-boeing.html https://www.nytimes.com/2011/12/10/business/labor-board-drop... I'm pretty sure no one wants to start a dispute almost guaranteed 0-1 before an appeals court that may or may not be sympathetic to your plight. Even in Boeing's case, which was incredibly high-profile, they decided on an a very expensive settlement rather than fight the case.

tyingq 6y ago

"the NLRB screens complaints first and then steps in to represent the complainant for complaints that are credible" That's a pretty big difference.

GavinMcG 6y ago
How so? On the whole, it saves Amazon the hassle of dealing with "unfair labor" complaints that really aren't. And it's not like the NLRB attorneys give the employee some special advantage. Frankly, there are a lot of cases where the employee would probably be better off working with a private attorney whose incentives are more aligned with the employee's. And either way, Amazon had a piece of paper from a lawyer that said "we will pursue this if you don't settle."
- sreque 6y ago
  The NLRB are appointed by the president and can behave with incredible political bias: https://republicans-oversight.house.gov/release/oversight-report-on-nlrb-finds-pro-union-bias-ex-parte-communication-violations/ https://republicans-oversight.house.gov/release/oversight-re... The reach of the executive branch has extended far beyond what is healthy for the nation of the United States.
  - GavinMcG 6y ago
    Sure, but they're still constrained by the Courts of Appeal and the Supreme Court. And that bias would show up in the final decision: merely having a letter saying the NLRB will take up the case is multiple steps removed from the political appointment concerns.
    - sreque 6y ago
      Tell that to Boeing: https://www.nytimes.com/2011/12/10/business/labor-board-drops-case-against-boeing.html https://www.nytimes.com/2011/12/10/business/labor-board-drop... I'm pretty sure no one wants to start a dispute almost guaranteed 0-1 before an appeals court that may or may not be sympathetic to your plight. Even in Boeing's case, which was incredibly high-profile, they decided on an a very expensive settlement rather than fight the case.