If the drivers and cafeteria workers at tech companies can organize, so can the developers.
Unlike the developers, the drivers tend to be financially insecure. In this economy, they're eminently replaceable. What they do is outside the core competency of their employers. You'd think they'd have almost no leverage. And yet, in the space of just a few years, they've managed to secure higher wages and health benefits --- in a market where non-technical employees are 1099'd specifically to avoid benefits obligations!
Like a lot of other occupations in the US market, tech workers have been bamboozled into believing that labor organization is something lower-status workers do. But, no: most of the classic professions, from doctors to lawyers, belong to professional associations. They may not call themselves "unions", but that's a distinction without a difference.
Tech workers blow off labor organizing because they feel themselves to be well-compensated. And they're right. So are the doctors and the lawyers. There are things to bargain for besides higher salaries. If you're wondering what they are, look no further than Hacker News, a ranked inventory of tech worker grievances. Can't see organizing a walk-off over pay raises? Well then, how about:
* The right to work from home when the team agrees that doing so has no negative impact on performance.
* The right to hire team members outside of SFBA when the development team decides it's appropriate to do so.
* The right to work on side projects alone and with your own resources without your employer claiming the fruits of your own free time.
* The right to work in an office with walls between you and salespeople on the phone all day.
* The right to hold on to your vested options for 10 years after you leave, rather than being forced to exercise at your own expense within 90 days.
* The right to visibility into the terms of your employer's financing, including the liquidations preferences and perks of investor preferred shares.
I could go on and on and on, but then, so can you, because we share this site.
Here's a thing that a lot of people on Hacker News don't know --- and I think this is a genuine case of something that the ownership class in the American economy doesn't want you to know:
Federal law rigorously protects your rights to organize in the workplace. We talk about "at-will employment" and "protected classes" (race, religion, gender) on HN quite a bit. We rarely talk about the other broad exemption in American law to at-will termination: labor organization. Not only can you not be fired for trying to organize a labor union (itself something that surprises a lot of people), but you can't be fired for protesting. You'll want to talk to a labor lawyer before you try this move, but: federal law prohibits the termination of an employee for engaging in "protected concerted action" to improve workplace conditions. You can, if you do it right, walk off your job and refuse to come back, and if you're disciplined for doing so, sue your employer.
It is crazy to me that we're not taking better advantage of this situation. The market power of software developers has never been higher. It may very well be at its zenith. For that matter, the labor laws of the US might not stay this way either. Now is the time to put it to use to secure the best, most productive conditions for technology work, not 20 years from now, when it might be just as hard for us as it was for the Facebook shuttle drivers.
> You can, if you do it right, walk off your job and refuse to come back, and if you're disciplined for doing so, sue your employer.
An employee's recourse for illegal retaliation is even easier than you say. You file a charge with the NLRB (which you don't need a lawyer for) and let the federal government investigate and litigate.
> Here's a thing that a lot of people on Hacker News don't know --- and I think this is a genuine case of something that the ownership class in the American economy doesn't want you to know: [snipped remaining]
I couldn't agree more. Thank you for this post and your constant efforts to inform workers of their federally-protected rights under the NLRA.
When a workplace gets "upgraded" to open plan, if two or more workers refuse to come in out of protest, they cannot be fired. Sounds like a great way to work from home for as long as open plan lasts. (IANAL)
The law we enforce gives employees the right to act together to try to improve their pay and working conditions, with or without a union.
Is the activity concerted?
Generally, this requires two or more employees acting together to improve wages or working conditions, but the action of a single employee may be considered concerted if he or she involves co-workers before acting, or acts on behalf of others.
Does it seek to benefit other employees?
Will the improvements sought – whether in pay, hours, safety, workload, or other terms of employment – benefit more than just the employee taking action? Or is the action more along the lines of a personal gripe, which is not protected?
What conditions or events happened for people in these other "professional" unions to start organizing? I think people only take action en masse when clear incentives exist. I can't see what cultural incentives there are to organize, except within the socialist DSA/Chapo crowds and I'm not sure I can be safely optimistic that everyone is there for the right reasons. I hope to be wrong.
I don't know much about labor organizing but I think the base of tech workers is fractured, with the labor-minded in the minority, and centrists and radical libertarians making up huge swaths of junior developers (For example the user that reflexively brought up union thugs slashing tires, as if no corporation has ever conspired to commit crimes in response to competition). Labor organizing, or however you want to phrase it, has a bad "politics smell" to so many.
The tech labor force skews liberal (simply as a result of demographics), but if you see it as being dominated by either political extreme, that's much more likely to be an observer effect than reality. Contrary to the impression you'd get from message boards, there aren't that many "radical libertarians" or that many "democratic socialists" working in a typical company.
The only way organization will happen is if it's done for the benefit of the median tech employee. That employee might not be totally apolitical, but they are more worried about the practical realities of their career than they are about tech's place among the great labor unions of US history.
My point is just, it's pretty clear that there are plenty of industry-wide grievances that not only could be fixed, but could be fixed to the betterment of the entire industry, making companies stronger, more efficient, and more survivable.
Given the opportunity tech workers have now with market power and large employers presenting clear targets to organize against, I'd argue that conditions are pretty good for organizing today.
You'd need to create one. And, as I think this thread clearly shows: you probably won't want to call it a "union".
Under the NLRA --- and you'll want to talk to a labor lawyer about this, but come on, that's a $200 expense tops --- it just takes two of you to start one at your company and enjoy legal protection.
Im tech historically and in a union now and I see this difference.
I dont think any developer believes they will stay a developer and retire after 30 yrs from the company they now work. Whereas a laborer does believe they have a lifelong right to stay and retire.
Unlike the developers, the drivers tend to be financially insecure. In this economy, they're eminently replaceable. What they do is outside the core competency of their employers. You'd think they'd have almost no leverage. And yet, in the space of just a few years, they've managed to secure higher wages and health benefits --- in a market where non-technical employees are 1099'd specifically to avoid benefits obligations!
Like a lot of other occupations in the US market, tech workers have been bamboozled into believing that labor organization is something lower-status workers do. But, no: most of the classic professions, from doctors to lawyers, belong to professional associations. They may not call themselves "unions", but that's a distinction without a difference.
Tech workers blow off labor organizing because they feel themselves to be well-compensated. And they're right. So are the doctors and the lawyers. There are things to bargain for besides higher salaries. If you're wondering what they are, look no further than Hacker News, a ranked inventory of tech worker grievances. Can't see organizing a walk-off over pay raises? Well then, how about:
* The right to work from home when the team agrees that doing so has no negative impact on performance.
* The right to hire team members outside of SFBA when the development team decides it's appropriate to do so.
* The right to work on side projects alone and with your own resources without your employer claiming the fruits of your own free time.
* The right to work in an office with walls between you and salespeople on the phone all day.
* The right to hold on to your vested options for 10 years after you leave, rather than being forced to exercise at your own expense within 90 days.
* The right to visibility into the terms of your employer's financing, including the liquidations preferences and perks of investor preferred shares.
I could go on and on and on, but then, so can you, because we share this site.
Here's a thing that a lot of people on Hacker News don't know --- and I think this is a genuine case of something that the ownership class in the American economy doesn't want you to know:
Federal law rigorously protects your rights to organize in the workplace. We talk about "at-will employment" and "protected classes" (race, religion, gender) on HN quite a bit. We rarely talk about the other broad exemption in American law to at-will termination: labor organization. Not only can you not be fired for trying to organize a labor union (itself something that surprises a lot of people), but you can't be fired for protesting. You'll want to talk to a labor lawyer before you try this move, but: federal law prohibits the termination of an employee for engaging in "protected concerted action" to improve workplace conditions. You can, if you do it right, walk off your job and refuse to come back, and if you're disciplined for doing so, sue your employer.
It is crazy to me that we're not taking better advantage of this situation. The market power of software developers has never been higher. It may very well be at its zenith. For that matter, the labor laws of the US might not stay this way either. Now is the time to put it to use to secure the best, most productive conditions for technology work, not 20 years from now, when it might be just as hard for us as it was for the Facebook shuttle drivers.