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Redo the Amazon union election in Alabama, NLRB official recommends

The findings aren’t final, and Amazon plans to appeal.

The results of a historic union election at an Amazon warehouse in Alabama should be set aside, a hearing officer from the National Labor Board Relations said in recommendations. The findings address complaints from the Retail, Wholesale and Department Store Union alleging the company misled and threatened workers in violation of federal labor law. The union sought to represent thousands of workers at the Amazon warehouse in Bessemer, Alabama, but lost by a ratio of more than 2-to-1 in April.

Both parties have the opportunity to file exceptions to the findings before the regional director makes a decision. The decision can then be appealed to the national labor board, where a panel of commissioners could rule on the case.

The hearing officer said the RWDSU’s objections should be sustained in part and recommended a second election be held. Specifically, Amazon’s move to have the US Postal Service install a generic mailbox outside the Alabama fulfillment center usurped the NLRB’s role in administering the election and interfered with the conditions necessary for a fair election, according to the hearing officer’s report, which the NLRB released Tuesday.

«Notwithstanding the union’s substantial margin of defeat, the employer’s unilateral decision to create, for all intents and purposes, an onsite collection box for NLRB ballots destroyed the laboratory conditions and justifies a second election,» said hearing officer Kerstin Meyers in her recommendations.

Amazon said it plans to appeal.

«Our employees had a chance to be heard during a noisy time when all types of voices were weighing into the national debate and at the end of the day, they voted overwhelmingly in favor of a direct connection with their managers and the company,» an Amazon spokesperson said in a statement. «Their voice should be heard above all else and we plan to appeal to ensure that happens.»

«The question of whether or not to have a union is supposed to be the workers’ decision and not the employer’s,» said Stuart Appelbaum, president of the RWDSU. «Amazon’s behavior throughout the election process was despicable.»

The recommendation comes as Amazon faces increasing scrutiny for its treatment of workers. The NLRB has also reportedly considered investigating the company for allegedly firing and disciplining workers who organize protests and walkouts, activities that are protected under federal labor law.

Amazon has also been sued by a group of corporate and logistics employees who allege the company engaged in discrimination and harassment based on race and gender. Warehouse workers have repeatedly sued to get wages for time they were required to wait in lines or spent walking to distant break rooms. So far, Amazon has prevailed in court against federal wage claims.

Working conditions for drivers at subcontracted «delivery service partners» have also raised concerns, including drivers peeing into bottles, struggling to park and facing a discipline system they say doesn’t take their side of the story into account.

The RWDSU complained that Amazon broke federal labor law in the lead-up to the Alabama election, which had the potential to create the e-commerce giant’s first unionized workforce in the US. Lawyers for the union said Amazon unlawfully threatened to lay people off and close the warehouse.

The union took particular issue with the mailbox Amazon had the USPS install on its premises outside the warehouse, saying the company turned it into an ad hoc voting booth with a tent surrounding it on three sides and banners urging workers to vote. Meyers, the NLRB official, said the booth was directly underneath a surveillance camera operated by Amazon. The mailbox was a metal cabinet with several slots rather than a standard blue box with a USPS logo on it. The union argued it gave the impression that Amazon was involved in collecting ballots, which could have affected the vote.

During the hearing over the union’s complaints overseen by Meyers, a worker testified that he’d seen Amazon workers access the mailbox. Amazon countered that it had access only to compartments that contained incoming mail addressed to the company. Additionally, Meyers determined that the worker’s testimony was not credible for numerous reasons, including that he couldn’t have seen anyone accessing the mailbox from where he said he was watching.

Technologies

RFK Jr. Announces All Americans Need Health Tracking Devices: Here Are the Pros and Cons

The US Health Secretary plans a huge campaign to encourage health wearables: CNET knows exactly the kind of devices he’s talking about, and why accuracy may be a problem.

Many Americans already track health statistics like heart rate and sleep cycles on app-connected accessories. Now the federal government wants to jump in. On June 24, Health Secretary Robert F. Kennedy Jr. announced «one of the largest HHS campaigns in history» to encourage the use of wearables to track health conditions, a trend CNET has recently covered.

Kennedy is referring to the many different bands, watches and even clothes that use technology to track human vital signs. CNET’s reviewers have spent years testing devices like these, seeing how rings monitor health signs, straps track your heart health and the right devices lead to better sleep.

The latest version of the Apple Watch, for example, has sensors designed to detect heart rate, heart rhythm issues, falls, sleep health, sleep apnea, temperature, breathing rate and more. The newest Oura Ring can track sleep patterns, menstrual cycles, temperature, heart rate and other health details.

«We think that wearables are a key to the MAHA agenda, Making America Healthy Again ,» Kennedy told the Subcommittee on Health during its budget meeting. «My vision is that every American is wearing a wearable within four years … they can see what food is doing to their glucose levels, their heart rates and a number of other metrics as they eat it.» 

Kennedy also tweeted that «wearables put the power of health back in the hands of the American people.» 

«Wearables,» however, is a broad term encompassing everything from fitness devices that count steps to sleep trackers you wear at night. And consumer devices can’t easily replace monitoring solutions offered by medical professionals. 

For example, CNET has covered research indicating that even the best-in-class Apple Watch struggles with accuracy from metrics like steps to heart rate. Another study from California State Polytechnic University has shown that fitness-related Fitbit trackers show high inaccuracies as well. In fact, that research was used in a related Fitbit lawsuit.

Speaking of glucose monitors, Kennedy isn’t the only White House official with an interest in such health sensors. The administration’s nominee for surgeon general, Dr. Casey Means, co-founded glucose-monitoring company Levels and sells a monitoring app as well as other wellness products.

Finally, CNET wellness experts remind everyone that wearables aren’t always a good fit. Those suffering from eating disorders or body image issues should always talk to an expert before using wearables, as they can exacerbate certain issues or lead to a unhelpful outlook. 

The US Department of Health and Human Services did not immediately respond to a request for comment.

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Technologies

What’s Included in Xbox Game Pass? Here’s Everything You Need to Know

Check out the pros and cons of each Game Pass tier, and how much each costs.

Editors’ Note: Xbox Game Pass Ultimate offers a slew of benefits, including a massive game library, diverse device support and both PC and console games. Nifty features like the ability to play on smart TVs, phones, tablets and PCs — not just consoles — make this a convenient gaming subscription service for a wide range of people. Xbox Game Pass Ultimate costs less than the price of a new game each month, yet gives access to hundreds of titles, which is why it earned a CNET Editors’ Choice Award. The original article follows.

New AAA video games used to cost $50 apiece, but it’s not unusual to see a similar game cost $70 now. That price might make you pause before you buy the game, but with an Xbox Game Pass subscription, you could play a brand-new game, and others, for a fraction of the price.

Microsoft launched Game Pass in 2017, and since then, the gaming service has grown to be one of the best values for gamers. All Game Pass plans offer member discounts for non-Game Pass titles and other perks, but figuring out which plan is right for you can be difficult.

That choice can be especially tough after Microsoft removed its Game Pass Console plan and replaced it with Game Pass Standard. The company also increased the price of Game Pass Ultimate from $17 to $20 a month.

I’ve covered the service in the past, including future releases and whether Game Pass Ultimate will save you money compared with buying single games. And with all the new titles Microsoft announced would be joining the service as Day 1 releases, like the upcoming Doom: The Dark Ages, you might be wondering what the difference is between different Game Pass plans.

Here’s what you need to know about the Game Pass plans so you can decide which one is right for your needs.

Xbox Game Pass tiers

Game Pass Core Game Pass PC Game Pass Standard Game Pass Ultimate
Day 1 releases No Yes No Yes
PC games No Yes No Yes
Online multiplayer Yes Yes Yes Yes
EA Play No Yes No Yes
Cloud Gaming No Yes (select games via GeForce Now Ultimate) No Yes (via Xbox Cloud Gaming and select games via GeForce Now Ultimate)
Monthly price $10 $12 $15 $20

For more on Xbox, here’s what was announced at Gamescom, some titles available on Game Pass Ultimate right now and everything to know about that gaming service.

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Xbox Game Pass Ultimate Review: The Best Content Deal in Gaming

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