Government Backs Engineers Who Want to Unionize
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Mar 23, 2022
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UPDATED: Mar 23, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
On This Page
The National Labor Relations Board (NLRB) has issued a complaint against a company that allegedly violated federal labor laws when it fired 14 engineers who tried to form a union.
In November of 2017, the defendant company, Lanetix, fired a respected female engineer who had been an advocate for better pay and leave policies at the company.
Lanetix builds cloud-based software for the transportation and logistics industries.
The same day, according to the NLRB’s complaint, the company’s managers met to try to discourage employees from discussing work conditions on the company’s Slack messaging network.
One employee was allegedly fired for participating in such discussions.
The company told workers that any attempt to unionize would be futile.
Stock Options
In January, the company offered additional stock to a few high-level male engineers. According to Wired, employees suspected that the company planned to fire lower-level female engineers, many of whom (including the previously fired female engineer) had graduated from Hackbright, a women’s coding program.
According to Bjorn Westergard, one of the senior male engineers who was offered the stock,
It became increasingly clear that their strategy was divide and conquer—flatter a handful of us in the hopes that we would go along with their plans, and not put up a fight when they fired half of our co-workers.
Also in January, most of the engineers in the relevant business unit signed authorization cards allowing themselves to be represented by a union — the Communication Workers of America.
Ten days after the union filed papers with the NLRB, the engineers were fired.
The NLRB is seeking to get the engineers’ jobs back, with back pay.
Who Is Covered?
Most employees working in the private sector are covered by the National Labor Relations Act (NLRA).
However, the NLRA excludes workers who are:
- government employees
- agricultural laborers
- employed in domestic service
- employed by a parent or spouse
- working as independent contractors
- employed as a supervisor
- employed by an employer subject to the Railway Labor Act, such as railroads and airlines
The Right to Unionize
As the NLRB website notes,
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions, with or without a union.
Employee rights include the rights to:
- form — or try to form — a union
- join a union
- help a union organize fellow employees
- refuse to do any of the above
- be fairly represented by a union
Organized Engineers
As Wired reported about the Lanetix case,
It’s both a rare case of software engineers seeking to organize, and an even rarer instance of the government rising to their defense. White-collar tech workers have gained attention in recent months for coordinated campaigns against their employers’ business practices, but engineers almost never unionize in Silicon Valley.
Tech companies often offer high salaries and generous benefits, including free food, day care, transportation, on-site massages, and other perks to make unionizing less attractive.
The median pay for software engineers, according to the Labor Department, was $102,280 in 2016.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.