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Re:Amazon illegally fired activist workers, Labor Board finds by merpnderp on Monday April 05, 2021 @09:29AM (#26698648)
I'm clicking through all the links in this article and can't find a single bit from Amazon's point of view. But my hazy memory says Amazon's story is they were fired because they were sending mass emails through the internal Amazon email system trying to unionize and wouldn't quit and use some other means of communication even after being counseled.

You'd expect the NYT's to give both side's at a minimum, or is Amazon a cartoon villain ran by a duck who swims in a silo of gold coins?

Re:Amazon illegally fired activist workers, Labor Board finds by tyingq on Monday April 05, 2021 @09:47AM (#26698891)
There's 2 quotes from an Amazon spokesperson there:

“We support every employee’s right to criticize their employer’s working conditions, but that does not come with blanket immunity against our internal policies, all of which are lawful,” said Jaci Anderson, an Amazon spokeswoman. “We terminated these employees not for talking publicly about working conditions, safety or sustainability but, rather, for repeatedly violating internal policies.”

Ms. Anderson, the Amazon spokeswoman, said the company disagreed with allegations made in Mr. Bailey’s case. “We are proud to provide inclusive environments, where employees can excel without fear of retaliation, intimidation or harassment,” she said.

Re:Amazon illegally fired activist workers, Labor Board finds by MereInterest on Monday April 05, 2021 @10:21AM (#26699309)
There's also a response to one of those reasons.

> After Amazon told them that they had violated its external communications policy by speaking publicly about the business, their group organized 400 employees to also speak out, purposely violating the policy to make a point.

So, Amazon fired then for publicly speaking about the business. Their statement saying that it was for violating internal policy seems deliberately misleading, because the internal policy that was broken was to not speak publicly. That Amazon had a policy against speaking publicly is not a point in Amazon's favor.

Re:Amazon illegally fired activist workers, Labor Board finds by throwawayboise on Monday April 05, 2021 @11:11AM (#26700068)
> That Amazon had a policy against speaking publicly is not a point in Amazon's favor.

Not to defend Amazon, but on this point, every job I've ever had included a policy that amounted to "do not speak publicly about the business."

Do others think this is unusual?

Re:Amazon illegally fired activist workers, Labor Board finds by FireBeyond on Monday April 05, 2021 @11:39AM (#26700446)
It is legal to prohibit employees saying or implying that they are speaking on behalf of the company or in any capacity, but it's actually forbidden by the National Labor Relations Board to tell employees they are forbidden from saying anything about their employer (notwithstanding sensitive, confidential or classified topics).
Re:Amazon illegally fired activist workers, Labor Board finds by ceejayoz on Monday April 05, 2021 @11:37AM (#26700426)
There are specific rights in this regard.

https://www.natlawreview.com/article/can-you-terminate-emplo...

> In a memo released on April 15, the agency evaluated a case where a company maintained a policy that prohibited employees from speaking to the media at any time. The NLRB found this rule to be unlawful and explained: “Employees have a statutory right to speak publically about their complaints or concerns with their terms and conditions of employment, including to the press, without employer authorization.”

> In other words, employees have a right under the National Labor Relations Act generally to discuss their employment – including with the press. Based on the finding that the policy was unlawful, the NLRB also found that the company violated labor law when it terminated two employees pursuant to the policy for speaking to the media about a workplace issue. A more narrowly tailored policy may have passed muster, but the broad media prohibition, in this case, crossed the line.

Re:Amazon illegally fired activist workers, Labor Board finds by throwawaysea on Monday April 05, 2021 @11:54AM (#26700594)
But these two were not speaking about the “terms and conditions” of their employment. They were broadly criticizing the company on other matters ranging from climate change to more directly political issues. I feel like the scope of the NLRA is extending to include just about everything.
Re:Amazon illegally fired activist workers, Labor Board finds by rtkwe on Monday April 05, 2021 @03:31PM (#26703508)
You've got it backwards the law allows companies certain things they can forbid people from doing not an explicit list of things employees are allowed to say [0]. Companies can only prevent employees from speaking about specific things like trade secrets or other confidential things.

[0] This would have some pretty obvious 1A implications.

Re:Amazon illegally fired activist workers, Labor Board finds by burnished on Monday April 05, 2021 @01:21PM (#26701804)
What? It sounds like you are implying that you need your employers permission to speak your mind, broadly, on any topic?
Re:Amazon illegally fired activist workers, Labor Board finds by throwawaysea on Monday April 05, 2021 @05:53PM (#26705158)
I'm not necessarily saying that's how it should be, but I am observing that this is how it is in practice. Otherwise what do you make of companies regularly firing people for saying something on social media or on their own time? For example Disney+ fired Gina Carano for holding certain political positions and expressing them online. It seems like left-leaning activists want it both ways - protection for their own activities but not for the activities of moderates or conservatives.
Re:Amazon illegally fired activist workers, Labor Board finds by burnished on Tuesday April 06, 2021 @11:08AM (#26712721)
'protection for moderates or conservative' I see this opined frequently, but what specific views are in need of protection here? Real question because it usually seems like a smoke screen for troubling or racist views.
Re:Amazon illegally fired activist workers, Labor Board finds by rideontime on Monday April 05, 2021 @02:27PM (#26702684)
> I feel like the scope of the NLRA is extending to include just about everything.

You say this like it's a bad thing.

Re:Amazon illegally fired activist workers, Labor Board finds by kelnos on Monday April 05, 2021 @08:52PM (#26706715)
Unusual or not, it's still restrictive. I think it's reasonable to prohibit employees from speaking publicly on behalf of the business, but restricting speech otherwise is a pretty shitty thing to do.
Re:Amazon illegally fired activist workers, Labor Board finds by themaninthedark on Monday April 05, 2021 @01:16PM (#26701738)
That depends, is the policy:

a) As an employee, you are not allowed to make statements about internal matters on behalf of the company.

b) As an employee, you are not allowed to talk about internal matters outside the company.

If A, then I have no problem. Companies have PR teams and random employee #13554 might not have all the information about an issue.

If B, I have a huge problem as the first amendment is a thing that exists.

Re:Amazon illegally fired activist workers, Labor Board finds by aksss on Monday April 05, 2021 @02:01PM (#26702310)
You limited B to internal matters, which generally means company confidential. Unless the matters concern legal violations (a different conversation about whistleblower regulation and protection), why on earth would you have “a huge problem” with confidentiality agreements and NDAs? Especially when you sign those agreements as a condition of employment?
Re:Amazon illegally fired activist workers, Labor Board finds by themaninthedark on Monday April 05, 2021 @03:19PM (#26703349)
When I said internal matters, I did not have any specific information in mind, just internal company matters.

If engineer #34529, profiled liked to SpaceY says on Twitter that his group has lots of overtime. He could be fired in a case B situation. And yes, information like that could be coupled with other information to figure out what projects the company is working on.

It is my belief that confidentiality agreements and NDAs, along with non-compete clauses are overbroad and expand beyond what companies are allowed to ask of their employees.

Re:Amazon illegally fired activist workers, Labor Board finds by throwawaysea on Monday April 05, 2021 @05:55PM (#26705185)
Companies regularly fire people for expressing political opinions they don't agree with. I feel that speech should be protected, but if so, it should be protected across the board for all points of views, all ideologies, and all political positions. For instance, an employee who publicly criticizes Black Lives Matter should be able to do so without risking their job. Would you be OK with that?
Re:Amazon illegally fired activist workers, Labor Board finds by slibhb on Monday April 05, 2021 @10:13AM (#26699194)
Right. But it would interesting to hear how Amazon claims these employees violated internal policies. That seems newsworthy.
Re:Amazon illegally fired activist workers, Labor Board finds by boomboomsubban on Monday April 05, 2021 @10:29AM (#26699453)
Their spokesperson did not wish to say what policies they claim were violated. They were presented an opportunity to state their side, and chose not to.
Re:Amazon illegally fired activist workers, Labor Board finds by lupire on Monday April 05, 2021 @02:54PM (#26703032)
The spokesperson had no choice. Speaking publicly in ways that harm the company's brand is against policy, a fireable offense.
Re:Amazon illegally fired activist workers, Labor Board finds by boomboomsubban on Monday April 05, 2021 @08:57PM (#26706758)
The spokesperson is a representative of the company, what they say is what the company wants said publicly about the issue. I wasn't blaming them personally, I was saying the company's point of view was given in the article.
Re:Amazon illegally fired activist workers, Labor Board finds by slibhb on Monday April 05, 2021 @10:33AM (#26699522)
Maybe an intrepid journalist could find out...

Perhaps, in doing so, that journalist would discover that Amazon had no real argument for any internal policy being violated at all. Or perhaps they would discover that these employees did, in fact, violate some internal policy, whether or not their firing violated their rights.

Re:Amazon illegally fired activist workers, Labor Board finds by boomboomsubban on Monday April 05, 2021 @10:48AM (#26699746)
The intrepid journalist linked to it, why is reprinting it necessary?
Re:Amazon illegally fired activist workers, Labor Board finds by danaliv on Monday April 05, 2021 @01:27PM (#26701869)
I generally don't like the New York Times either, but you're grasping at straws here.
Re:Amazon illegally fired activist workers, Labor Board finds by aksss on Monday April 05, 2021 @02:08PM (#26702403)
Which is why these things shouldn’t be decided in a court of public opinion. If you’ve ever been involved in the employment dispute world, you know there is a lot of liability for employers talking about internal investigation matters publicly. It’s not realistic to expect Amazon or any employer to talk openly with the press about an ongoing dispute with an employee in detail. Meanwhile, an individual fighting the company has every incentive to air everything (as they understand it) and little liability for doing so. Consequently, news stories are seldom going to give you a full accounting of facts.
Re:Amazon illegally fired activist workers, Labor Board finds by hh3k0 on Monday April 05, 2021 @08:21PM (#26706461)
They violated their internal policy of not talking publicly about working conditions.
Re:Amazon illegally fired activist workers, Labor Board finds by monocasa on Monday April 05, 2021 @09:50AM (#26698930)
Apparently the NLRB didn't think the specifics of Amazon's explanation for why they were fired was compelling. Why should the NYT then?
Re:Amazon illegally fired activist workers, Labor Board finds by bhupy on Monday April 05, 2021 @09:57AM (#26699025)
Because the NLRB isn't some opaque body; it's a public body accountable to voters, and as a voter it's impossible to know if their explanation is valid if the press doesn't accurately and fully report on why a particular decision was made.

Maybe after presenting all sides of the decision, an NYT reader might agree that the NLRB's decision was correct/valid; but with the way the article is written, it's impossible for that to happen.

Re:Amazon illegally fired activist workers, Labor Board finds by elliekelly on Monday April 05, 2021 @10:18AM (#26699266)
> Because the NLRB isn't some opaque body; it's a public body accountable to voters, and as a voter it's impossible to know if their explanation is valid if the press doesn't accurately and fully report on why a particular decision was made.

Since they’re a public institution their decisions are published for anyone to look up, read, and understand the rationale behind their decision.

It seems NYT got the scoop on this particular case but you can expect the decision to be posted on the NLRB site when it’s finalized. I suspect the NYT (and the person who tipped them off) does not yet know the reason for the Board’s decision. It’s very likely no one involved in this article has read the document yet and, for now, they’ve only been informed as to the outcome. NYT, Amazon, and the aggrieved parties will probably have to wait to read the Board’s written decision along with the rest of us.

Re:Amazon illegally fired activist workers, Labor Board finds by monocasa on Monday April 05, 2021 @10:05AM (#26699112)
They printed Amazon's statement on the matter. I'm not sure why they have to go farther and print Amazon's now disproven legal theories too.
Re:Amazon illegally fired activist workers, Labor Board finds by bhupy on Monday April 05, 2021 @10:09AM (#26699152)
In general, it's more or less impossible to litigate a legal decision based off of 2 quotes in a public statement. It's why we have courts of law, it's why the legal system is predicated on deliberation.

> now disproven legal theories

Disproven? According to whom? The whole point of the press is to show its work to the public. Maybe you're correct that it's disproven! But I would have no way to know how/why it's disproven as a NYT reader. Anyone that wants to demonstrate to voters that Amazon's legal theories are disproven needs to show their work.

Re:Amazon illegally fired activist workers, Labor Board finds by monocasa on Monday April 05, 2021 @10:13AM (#26699196)
The NLRB is the legal system for deciding such matters.
Re:Amazon illegally fired activist workers, Labor Board finds by bhupy on Monday April 05, 2021 @10:19AM (#26699287)
Correct, and it's accountable to voters, it isn't some opaque black box (or rather, it shouldn't be). The whole point is that, in a democracy, the press (NYT et al) is responsible for fully reporting on the workings of the government (NLRB). The GP commenter is pointing out that the NYT hasn't adequately done that, and I tend to agree.
Re:Amazon illegally fired activist workers, Labor Board finds by dahfizz on Monday April 05, 2021 @10:09AM (#26699148)
I thought the press was supposed to hold the powers that be to account? Surely you don't want the press to parrot everything the government says with no context or additional information?
Re:Amazon illegally fired activist workers, Labor Board finds by elefanten on Monday April 05, 2021 @10:05AM (#26699111)
To do it’s job as journalist institution.

Though, in the NYT’s case, they’ve been predictably going straight downhill since they adopted Fox News’ high level strategy of chasing, fanning and profiting from political and social polarization.

So, nobody’s holding their breath that NYT would rise to that challenge.

Re:Amazon illegally fired activist workers, Labor Board finds by monocasa on Monday April 05, 2021 @10:06AM (#26699124)
Why does a journalist institution have to go above printing Amazon's statements on the matter, and print their now disproven legal theories as well?
Re:Amazon illegally fired activist workers, Labor Board finds by SpicyLemonZest on Monday April 05, 2021 @11:29AM (#26700328)
It’s not an endorsement, it’s information. As a reader, I want to know which legal theories specifically were disproven. For example, would my own employer’s “no public statements” policy be invalid based on this ruling, or was the problem something specific to Amazon?
Re:Amazon illegally fired activist workers, Labor Board finds by merpnderp on Monday April 05, 2021 @10:01AM (#26699073)
So it's your point of view that the NYT's shouldn't be doing journalism, but advocacy? Readers don't get to make up their minds, but get spoon fed just what they need to know as determined by their betters? It's a brave new world you're creating.
Re:Amazon illegally fired activist workers, Labor Board finds by monocasa on Monday April 05, 2021 @10:17AM (#26699255)
The NLRB is the legal system for deciding such matters. Amazon's legal theories no longer hold weight.

Do you expect the NYT to publish every failed, specious motion filed in standard court cases in the name of "both sides" after the case has been decided? No, you take statements from both sides, and report what the legal system has decided.

Re:Amazon illegally fired activist workers, Labor Board finds by slibhb on Monday April 05, 2021 @10:24AM (#26699370)
I have a feeling that you wouldn't be making this argument if the decision was reversed. The law is important, it's how we resolve disputes like this. But rulings can be disputed and one is not obligated to dismiss "Amazon's legal theories" from one's mind just because some legal body ruled one way or another.

As a reader, I am interested to hear exactly how Amazon claims these former employees violated its internal policies. The article's lack of curiosity is interesting.

Re:Amazon illegally fired activist workers, Labor Board finds by MereInterest on Monday April 05, 2021 @10:26AM (#26699405)
While I agree with you in this instance, I think there are cases where the different opinions in a case are relevant, such as the majority and dissenting opinions in SCOTUS cases.
Re:Amazon illegally fired activist workers, Labor Board finds by tpush on Monday April 05, 2021 @09:52AM (#26698965)
???

Amazon's POV is explained directly in the article. There's also this link [0] from the article elaborating on the firing.

[0] https://www.washingtonpost.com/technology/2020/01/02/amazon-...

Re:Amazon illegally fired activist workers, Labor Board finds by dec0dedab0de on Monday April 05, 2021 @09:48AM (#26698906)
You'd expect the NYT's to give both side's at a minimum, or is Amazon a cartoon villain ran by a duck who swims in a silo of gold coins?

News doesn't do that anymore, but more importantly, Scrooge McDuck is not a villain.

Re:Amazon illegally fired activist workers, Labor Board finds by sokoloff on Monday April 05, 2021 @09:45AM (#26698855)
> You'd expect the NYT's to give both side's at a minimum

30 years ago, I would have had that expectation from NYT and other trustworthy media sources. I haven’t had that expectation for at least a decade now.

Re:Amazon illegally fired activist workers, Labor Board finds by boomboomsubban on Monday April 05, 2021 @10:46AM (#26699713)
They link to their original article about the firing, which says

>Amazon told the employees that they had violated its policy against solicitation, which forbids Amazon workers from asking their co-workers to donate to causes or sign petitions.

The article is part of a briefing with a headline about the airline industry, somewhat understanding how you would miss it.

Re:Amazon illegally fired activist workers, Labor Board finds by confusion123 on Monday April 05, 2021 @01:46PM (#26702108)
I remember their advocacy from internal mailing lists. They were staunch critics of Amazon's effect on the climate and environment. I don't recall either of them calling for a union, but I do remember them as passionate, eloquent, and consistent advocates of the environment, and I was very sad to see them be fired.
Re:Amazon illegally fired activist workers, Labor Board finds by jessaustin on Monday April 05, 2021 @09:55AM (#26699002)
I hope they have better luck with WaPo!
[dead]
Re:Amazon illegally fired activist workers, Labor Board finds by brightstep on Monday April 05, 2021 @10:19AM (#26699291)
Maybe socially, but NYT leans right economically.
Re:Amazon illegally fired activist workers, Labor Board finds by throwawayfire on Monday April 05, 2021 @09:51AM (#26698952)
It would be unsurprising to me if Amazon had buried this claim and didn't want it to be repeated, because in my opinion that would be clear evidence that they were breaking labor laws.
Re:Amazon illegally fired activist workers, Labor Board finds by anotherman554 on Monday April 05, 2021 @10:08AM (#26699136)
Since corporations aren't alive how can they have a "point of view???

That's a funny euphemism for "statement written by a corporate PR person who may not have any clue about what they are talking about, and may be repeating someone's lies."

Re:Amazon illegally fired activist workers, Labor Board finds by wayoutthere on Monday April 05, 2021 @10:10AM (#26699157)
> You'd expect the NYT's to give both side's at a minimum, or is Amazon a cartoon villain ran by a duck who swims in a silo of gold coins?

This kind of “both sides” journalism has been weaponized by bad actors to the point it does a disservice to readers. They use it as a way to inject talking points into the public discourse. I think the last 10 years have showed us that there are definitely some points of view that are more valuable than others, and that treating all points of view as carrying equal weight is a false equivalency that simply creates openings for bad-faith actors (and Amazon is hardly the first company / politician to act in bad faith).