Surprising Twist in Lower East Side Trader Joe’s Workers Move

Protesters holding signs about unions and saving the American dream.

Trader Joe’s Lower East Side workers may soon achieve unionization thanks to new efforts by the NLRB.

At a Glance

NLRB’s general counsel pushes for Trader Joe’s to recognize and negotiate with Trader Joe’s United.
The intervention is based on claims of threats and negative comments towards pro-union employees.
This situation sheds light on growing labor disputes and worker rights issues in major U.S. corporations.
The NLRB has newly acquired power to enforce employer bargaining without a re-election if unfair labor practices are proven.

Unionization Efforts in the Spotlight

Workers at a Trader Joe’s on New York’s Lower East Side narrowly missed winning a union election in April. However, they may still have a shot at unionizing as the National Labor Relations Board’s (NLRB) general counsel is advocating for Trader Joe’s to recognize and negotiate with Trader Joe’s United. This push comes amid allegations that management directed threats and negative comments towards employees who supported union efforts.

The absolute pursuit of unionization is reminiscent of the successful efforts at the Trader Joe’s location in downtown Minneapolis, where workers voted 55-5 in 2022 to join Trader Joe’s United, making it the second store in the country to unionize. Both cases underscore a broader labor management conflict trend in major U.S. corporations.

The grocery chain is also challenging the constitutionality of the NLRB, which could pose a significant threat to the institution founded during the New Deal to protect workers’ rights. The matter could potentially reach the U.S. Supreme Court, known for its conservative supermajority.

NLRB’s New Policy and Ongoing Battles

The NLRB now possesses the authority to enforce employer bargaining without re-election if unfair labor practices are substantiated. This change was instated through a new policy introduced last year. Thanks to this policy, Trader Joe’s United has filed unfair labor practice charges, accusing Trader Joe’s of not bargaining in “good faith” over the past six months.

Union members have highlighted various bargaining issues, including the rejection by Trader Joe’s of “paid release” and joint bargaining proposals. Workers noted that some had to sacrifice wages or use personal funds to attend bargaining sessions. Furthermore, the rejection of joint bargaining and Zoom negotiations was justified by the company, citing differences between individual stores.

The circumstances at the Lower East Side store echo similar efforts at other significant corporations such as Starbucks, Amazon, and Apple. Complaints at Trader Joe’s included inconsistent performance reviews, safety concerns, inadequate time off, and cutting retirement benefits, reflecting a microcosm of larger workplace disputes across industries.

Workers at the two Trader Joe's stores that have unionized say that Trader Joe's — like so many other newly unionized companies — is dragging its feet in contract negotiations https://t.co/1QWLbc3Bkr

— Steven Greenhouse (@greenhousenyt) December 23, 2022

Management’s Alleged Union-Busting Tactics

The NLRB’s Manhattan office has accused Trader Joe’s managers and supervisors of violating labor laws at the Lower East Side store by attempting to dissuade workers from unionizing. These allegations include holding mandatory one-on-one meetings to discourage support for Trader Joe’s United and banning union literature in break rooms.

If these allegations prove true during the January hearing, the NLRB could require Trader Joe’s to negotiate with workers under the new Cemex standard, bypassing the need for a re-election. The NLRB’s regional director has already ruled that management’s behavior compromised the results of the recent union election.

A Broader Movement for Worker Rights

The unionization drive at Trader Joe’s is part of a broader trend where workers across numerous industries are demanding improved working conditions. Issues such as a living wage, adequate retirement benefits, and safety protocols have all come to the forefront. This dispute is a compelling example of the fight for worker rights that echoes through major corporations across the nation.

“This isn’t just an attack to bust Trader Joe’s United, I think this is an attempt by right-wing billionaires and Morgan Lewis and Trader Joe’s and Elon Musk to destroy the American labor movement,” said Seth Goldstein, an attorney for the union Trader Joe’s United, during an interview with the Reformer. “American labor should wake up.” The unfolding situation at Trader Joe’s signifies a significant moment in the ongoing struggle for labor protections and worker rights. The resolution, whether through negotiation or judicial intervention, could set a precedent for future labor disputes across the country.

The company violated Unfair Labor Practice laws by telling workers our petition for hazard pay was a trick to “force” them to join a union. That’s not how unionizing works. It’s also an accusation of fraud.

— Crew for a Trader Joe’s Union ✊🌺 (@TraderJoesUnion) April 4, 2020