NLRB has determined that eBay violated the rights of unionized workers at TCGPlayer, a trading card marketplace under its ownership.
This stems from charges filed by the Communications Workers of America, alleging that eBay failed to acknowledge TCGPlayer's worker union, delayed engagement in bargaining practices, and withheld legally required information from the union.
Violating Labor Law
Since a union was formed by a group of workers at TCGPlayer, Engadget reported that a subsidiary of e-commerce giant eBay, labor officials have determined that eBay violated labor laws on multiple occasions.
The National Labor Relations Board (NLRB) has substantiated two charges of unfair labor practices filed by TCGPlayer workers. The accusations involve eBay's failure to engage in bargaining with the certified union, refusal to disclose legally required information and independent alteration of working conditions.
Changes included the removal of work chairs, adjustments to employee benefits such as healthcare, and the imposition of confidentiality agreements on workers. The NLRB's decision follows eBay's removal of union support from its human rights policy, a move that drew concern from New York City and New York State comptrollers.
Worrying About Potential Shareholder Reactions
In a joint letter, Vice reported that the comptrollers expressed worries about potential shareholder reactions and urged eBay to reaffirm its commitment to workers' rights.
The letter referred to the NLRB's substantiated charges, highlighting the NYC and NYS pension funds' significant eBay shares, valued at $111 million as of June. NYC Comptroller Brad Lander emphasized the impact of poor labor practices on shareholder value, citing reputational damage and legal risks.
As long-term investors, the comptrollers stressed the importance of responsible employers upholding workers' fundamental labor rights, including non-interference with union organizing and engaging in good-faith collective bargaining.
CWA reported that the charges against eBay management involved allegations of refusing to bargain, withholding essential information from the union, and denying some workers their right to union representation in meetings with management.
One charge accused eBay of making "unilateral changes" without consulting the union, encompassing actions like compelling employees to sign offer letters, undergo background checks, sign confidentiality agreements, and alter sick and personal leave benefits, including the removal of work chairs from workstations.
Ethan Salerius, a receiving generalist at TCGPlayer and a member of the union bargaining committee, expressed satisfaction with the NLRB's acknowledgment of merit.
He shared his sentiments with Motherboard, emphasizing the validation provided by the determination. Salerius noted the common fear that those in power may evade accountability, and the NLRB's confirmation of merit instilled hope for holding eBay accountable for its actions.
Regarding eBay's removal of the human rights clause, Salerius interpreted it as a signal that the company aims to avoid accountability. He pointed out the contradiction between eBay's values, as reflected in the now-deleted clause, and its actions during the bargaining process with the first union.
Despite this, Salerius emphasized the commitment to holding eBay accountable for any illegal actions affecting working conditions, denial of Weingarten rights, or refusal to recognize the union, highlighting the real-world consequences of such actions.
