The dispute over the YouTube Music union, whose 43 members were abruptly laid off last week while one was testifying during an Austin City Council meeting, largely depends on the definition of “contractor.” Because they are not permanent, full-time employees, “their project on YouTube Music has ended,” according to a rep from their employer, information-technology subcontractor Cognizant, and “the contract expired at its natural end date.”
Independent contractors, according to Kate Bronfenbrenner, Cornell University’s director of labor education research, are “not under the regulatory state,” so they lack basic workplace protections. “Whether it’s labor law, health and safety or race discrimination, independent contractors have almost no rights in our economy,” she says. “So employers say, ‘We want to make as much money as possible — let’s make all our employees temporary employees.’”
The 43 YouTube contractors, who work for Cognizant and Google to oversee content for the music-streaming service’s 80 million subscribers, voted unanimously almost a year ago to form a union under the auspices of Alphabet Workers Union-CWA. They’ve complained of hourly wages as low as $19 and a lack of sick pay and benefits. And they say Google has not been willing to bargain with them; in January, the National Labor Relations Board ruled that Google’s refusal to do so was illegal and must “bargain on request.” (An appeal is pending.)
In a statement, Google spokeswoman Courtenay Mencini repeated that Cognizant, not Google, is “responsible for these workers’ employment terms.” On Cognizant’s side, Jeff DeMarrais, chief communications officer, says “nobody was laid off” from YouTube Music and the contractors have seven weeks of paid time to “explore other roles within the organization.”
Sam Regan, a YouTube Music data analyst who is on the union’s organizing committee, responds that his team’s project was “never considered as temporary” and the Cognizant moves are, in fact, layoffs, as opposed to reassignments to different areas of the company. “Our team was fired and we had no notice, no warning, that we were going to get laid off,” he says. “It was cold, ruthless, dehumanizing, inhumane. The practice of tech companies laying off large swaths of people without notice is indicative of a pretty sick orientation towards workers in our culture.”
Regan and Katie-Marie Marschner, a subject matter expert on YouTube Music’s charts team until last week, accuse company managers of forcing them to leave their office without giving them a chance to remove their belongings. The office was a “total destruction zone,” Marschner says, alleging company employees and on-site security refused to let them remove certain personal items. “The experience was traumatic for a lot of us,” Regan adds.
Members of the YouTube Music team had been scheduled to testify before the Austin City Council on Feb. 29 to ask city officials to help convince Google to negotiate with their union. But as data analyst Jack Benedict was speaking, Marschner received a text saying her entire team was fired. Shaken, she interrupted the colleague’s speech — a moment captured in a video clip that went viral. Watching the clip afterwards, Marschner says, has been surreal and traumatic. “It’s such an insane experience opening my phone and that’s the first thing I see — myself talking, and not just talking, but the sound of my voice and the pain and shock,” she says.
Marschner accuses Cognizant and Google of “union-busting” and says the team members were “fired illegally.” And Cornell’s Bronfenbrenner is skeptical of Cognizant’s assertion that the temporary employees had a “natural end date” of Feb. 29. “There are a whole lot of questions about that,” she says. “From everything I’ve read, there wasn’t a certain date. And if there was an uncertain date, the employer can’t say their contract just ended and they can’t be laid off.”
Reached at home, Marschner says she plans to continue pursuing union recognition for her team: “We’re not done with this. We’re very much ready to keep the fight going.”
