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New York Times Tech Guild goes on strike (washingtonpost.com)
717 points by ChrisArchitect 33 days ago | hide | past | favorite | 1242 comments



Here is context on the strike, how long it's been brewing, and more that I happened to read yesterday:

https://www.thenation.com/article/archive/the-new-york-times...


Thank you so much! That is a vastly more informative article. It seems like it's not so much the NYT is opposed to the contract's specifics -- they're opposed to having a contract at all because the union is new. The NYT has been stringing the union along without ever actually signing anything, so now the union has to strike to get the NYT to take them seriously.

Key parts:

> The Tech Guild won its unionization vote in March of 2022, but has yet to agree upon a final contract with management. In September of this year, the Guild voted to authorize a strike with an overwhelming 95 percent (or over 500 members) in favor. The vote marked two and a half years of bargaining with no result. As Harnett puts it, “At some point, you need a deadline.”

> The first key demand is a protection that Times editorial staff already have: just-cause job protections, which would ensure that members cannot be fired without good reason and due process. The editorial staff won this protection in their 2023 News Guild contract, and just weeks ago, 750 Times journalists penned a letter to management urging them to reach a contract with the Tech Guild before Election day.

> The second demand stems from a pay study the union released in June of this year, which found numerous pay discrepancies for women and people of color. According to the study, Black tech workers at the newspaper make 26 percent less than white workers. The study also found that women, who make up over 40 percent of the Tech Guild, earn 12 percent less on average than men, while Black and Hispanic or Latina women earn 33 percent less than white men.

> The third demand in dispute is a frequent source of anxiety for Hoehne in particular: return to office. Currently, many in the Tech Guild work remotely full-time.... Hoehne has been living and working remotely three hours away from the Times office, in upstate New York, since the pandemic began. “I would lose my job. I can’t sell my house. My kid is in daycare. I can’t. All we’re asking is for them to put in writing that we won’t do that to you.”

> But both Hoehne and Harnett don’t think management’s reluctance to settle these demands stems from the particulars of any of the demands themselves; none of them would spark radical changes. The negotiation process has lagged for years, which Times editorial staff experienced en route to their contract as well. Rather, Hoehne said, staring down the barrel of the Election Day strike, management’s immovability feels like it’s more about preventing the union from stabilizing at all.

> “They could easily end all of this with a single phone call or e-mail,” Harnett said. “But they’re making the decision not to. Maybe they don’t believe that we are resolved [to strike]. I don’t know how else to convince them.”


>>According to the study, Black tech workers at the newspaper make 26 percent less than white workers

>>women, who make up over 40 percent of the Tech Guild, earn 12 percent less on average than men

claims like these always irk me, like did you just compare averages by race/gender? Whoever made this claim, did they control for other factors, like job title/level or productivity?

its like the famous "gender pay gap" claimed by all the people who majored in Gender Studies instead of Statistics. Turns out "gender pay gap" magically disappears as soon as you start controlling for relevant variables like hours worked, job seniority, experience, etc (https://www.aei.org/carpe-diem/there-really-is-no-gender-wag...)

   That is, there is almost no evidence that men and women working in the same position with the same background, education and qualifications are paid differently. Whether it’s the Target Corporation, Facebook, the University of Virginia, the United Way, the White House or McDonald’s, there is almost no evidence that any of those organizations have two pay scales: one for men (at a higher wage) and one for women (at a lower wage). Of course, that would be illegal, and if that practice existed, organizations would be exposed to legal action and “half the legal profession would be taking such cases on contingency fees”

I am all for fairness in pay and equality, but lets not insult the intelligence of your readers by making some absurd claims without doing proper econometric study and controlling for confound variables


> claims like these always irk me, like did you just compare averages by race/gender?

Probably not, the striking union is the one that contains all the data analysts at the NYTimes, so they have some experience with sociology data.

> Whoever made this claim, did they control for other factors, like job title/level or productivity?

As explained in the article, the data analysts union mad this claim, it's even explicitly linked!

> Turns out "gender pay gap" magically disappears as soon as you start controlling for relevant variables like hours worked, job seniority, experience, etc

No, that's just something you read on a blog written by a guy who would go on to write that women shouldn't get wage equality because they would have to work more dangerous jobs and thus die more, because apparently saving the lives of man by making those jobs safer is impossible.

Anyway, here's a big stats heavy quote about how there is solid evidence for a pay gap, from the stats nerds at the census bureau (I link only the executive summary https://www.dol.gov/sites/dolgov/files/WB/media/An%20Evaluat..., link to the full thing can be found in the summary)

"""In both decomposition models, the portion of the gender wage gap that could not be explained by differences in men’s and women’s work histories, work hours, industry and occupation distribution, and job characteristics was between 68 and 70 percent, yielding an unexplained wage gap of 14 to 15 percent. That is, of an estimated wage gap of 21 percent, statistical models explain between 6 and 7 percentage points of the gap, leaving 14 to 15 percentage points unexplained, similar to other major studies on this topic.

Differences in the sorting of men and women between occupations do not fully explain the gender wage gap; men and women are paid differently within occupations as well. The size of the gender wage gap varies significantly by occupation even as men earn more than women in nearly all occupations. While wages are at parity in some occupations, gaps are as large as 45 percent in others. Across the 316 occupations in this study, occupations in finance and sales had the largest gender wage gaps""


>a guy who would go on to write that women shouldn't get wage equality because they would have to work more dangerous jobs and thus die more, because apparently saving the lives of man by making those jobs safer is impossible.

I think it can be true that we should make those jobs safer and that it makes sense to pay dangerous jobs more.

I really am curious what the people that disagree with me think. Do you think that danger shouldn’t be compensated?


I know plenty of dangerous jobs that are poorly compensated. I don't know many millionare inner city convenience store clerks.

Jobs compensate employees according to how much they can get away with exploiting their employees.


You are arguing against a claim you made up yourself, best of luck getting that conversation somewhere useful.


I’m not sure what you mean. I thought I was responding to the plain meaning of the text I quoted. What claim did I make up?


That someone claimed those were opposing aims.


Of course someone did. The clear and obvious interpretation is saying that “making the jobs safer” is an alternative to “a group does more dangerous jobs and dangerous jobs should be paid more”


What? You explicitly want people to die?


It's more that I don't see the relevance of that to the subject being discussed.

If dangerous jobs are paid more, what does that have to do with the gender pay gap?

And, let's face it, two of the most dangerous jobs around at the moment are teaching and nursing, both of which are predominately done by women.


> let's face it, two of the most dangerous jobs around at the moment are teaching and nursing, both of which are predominately done by women.

Not even in the top 10. 2024 numbers:

Logging – 100.7 per 100,000 workers

Roofing – 57.5

Fishing and hunting – 50.9

Construction trade helpers – 38.5

Air transportation – 35.9

Delivery trucking and commercial trucking – 30.4

Refuse and recycling – 22.6

Iron and steel – 21.3

Mining – 20.1

Agricultural workers – 20.0


These are just deaths. I wonder also about exposure related hazards.


I wonder what happens to get those numbers for the air transportation industry? I definitely didn't expect it in the top...


I had a friend who worked on the ramp at SFO. Saw him real shook up after work, said he saw a coworker drive one of their carts under a plane while looking elsewhere- and got his head cut off.

It's a very physical job with a lot of powerful machines.


The fallacy (...ish) in these conversations is that men and women always work the same types of jobs. Which you pretty much just admit isn't really the case, which your "teaching and nursing" comment.

Ultimately, it turns out, men have a combination of typically choosing higher-paid careers and also being more demanding in terms of compensation. At the end of the day I can't hold a gun to women's heads and make them become engineers. If they want to be teachers, then so be it.

But wait! That doesn't mean that there isn't discrimination at play. Because typically jobs that are predominantly women are lower paid. It's complex, because:

1. Typically, there ARE some value/toughness differences in the job. Being a nurse is "easier" than being a doctor. But how much? Are we certain we're dividing the pay equitably?

2. While men have these higher paying jobs more, men aren't more educated. At least, not anymore. What could be the factors leading women to receive education in fields that are less economically viable?

Also, while there is a pay gap, this isn't the only gender gap. Clearly, job distribution across gender is very complicated. For example, men make up 97% of workplace deaths. Why do men choose these jobs more? Is it biological, social, economic, or all three?


>If dangerous jobs are paid more, what does that have to do with the gender pay gap?

Men do far more dangerous jobs than women


and here's the woman who won a Nobel prize for proving otherwise

https://freakonomics.com/podcast/a-new-nobel-laureate-explai...


I think this comment on that episode provides some excellent food for thought - https://freakonomics.com/podcast/a-new-nobel-laureate-explai...


Really good comment, thank you for pointing it out.


The linked transcript is describing a very real phenomenon, in quite a lot of detail. The "otherwise" in your comment is a little confusing.


Very persuasive. Intuitively a lot of her findings make sense and are quite obvious, once having read the transcript.


> No, that's just something you read on a blog written by a guy who would go on to write that women shouldn't get wage equality because they would have to work more dangerous jobs and thus die more, because apparently saving the lives of man by making those jobs safer is impossible.

What am I missing here? Is it possible to make the workplace injury rate among linemen comparable to the rate among social workers?


That the full argument amounted had this weird structure where women should be excluded from some jobs without complaint because of the danger, but simultaneously there was no interest in making the jobs safer!

So that men work more in dangerous jobs wasn't a problem, instead that was a proper, "of course men should die more" sort of thing because it motivated the pay gap.

So the argument becomes that men should die so the pay gap is sustained, which doesn't seem like a great thing to declare triumphantly?


> finance and sales

Weird that jobs with performance bonuses are the largest gap — but that perhaps suggests that the cause isnt sexism in the workplace, but yet more confounders they didn’t account for.


Who gets handed the best leads to the biggest fish? The people perceived as the best deal closers. Perceived. This is where you can hide the most sexism, along with other confounders, yes.


And every other human social bias: attractiveness, confidence, loyalty, etc.

You can’t point to gender and say that’s the clear and overwhelming bias.


Or that their sales contacts treat women and non-binary folks worse than men.

https://www.newsweek.com/male-and-female-coworkers-switched-...


sales is literally you-eat-what-you-kill. you get paid % commission on sales regardless of your gender. There are so many sales people nobody would actually bother creating a separate pay grade for women and separate for men (and it would be highly unethical and illegal ofc)


Did you perhaps respond to the wrong comment? This is in no way responsive to what I wrote.


For new business. But what about managing existing accounts, or renewals


I think the orthodox Left response to this would be that the unseen hand of the patriarchy and general internalised gender roles cause women to hustle less/advocate for recognition of their performance less than men, or for men to overlook their contributions.


did you actually read the research you cited?

because it DOES NOT control for hours worked nor experience, and lumps up narrow specialties with wide specialties together in a single "finance".

There is a huge difference in finance as a "bank teller" and finance as a "investment banker at Wall St".

This is a problem of large scale population level wage research, it misses very important confounding variables and lumps up everything they failed to explain as some magical gender pay gap.

This is the epitome of how low replicability social sciences research is done: download dataset from JSTOR, load it in Stata/Matlab, run some regressions and call it a day.


I agree about the diversity of finance as a sector. I know many people that work ”in finance” and that varies from glorified interior decorating for corporate real estate to running macros on spreadsheets to check loans to defining investment portfolios


It is a quote from a summary, they don't write out the full list of jobs that fall under the heading to keep it short.

Examples of jobs in that category given in full report reads: "securities, commodities, and financial services sales agents (0.55), financial managers (0.66), and personal financial advisors (0.68)."


The first sentence in the quote talks about trying to explain wage differences by hours worked?

I can also tell you didn't bother to peruse the linked summary, because it also talks about experience though they call it work history.


All the applause. Thank you for posting a comprehensive review of the information in the post (and then accurate guess of what was to come)


> the striking union is the one that contains all the data analysts

You seem to believe a union in a negotiation would care about carefully drawing conclusions from data analysis.

The goal is to construct a political wedge which makes their employer look bad for not giving into their demands. The only mindset about data is “how can we use this to argue for what we want”.


Employers generally would prefer to pay people less. If you don't ask for a raise you often don't get one. If you ask for a raise, you generally need to consider quitting if you don't get so kind of raise. Men are generally more aggressive about asking for raises. From a certain perspective when one sees a "pay gap" you could think, "Women need to risk more and fight for higher pay. They are bringing wages down for everyone. Let's encourage them to fight for higher pay at the same rate men do." Your mileage may vary.


Some recruitment firms had some reports that corroborated that. HIRED’s annual report showed that too.

In person, I’ve seen many women colleagues do things at odds with the competition

For example, being worried about how to move up in their organization without coming across as “too bitchy”, as if it was a unique phenomenon to their gender

When the competition is:

- losing opportunities for being too cocky, and they keep trying until they find a different organization “looking for someone to make the hard decisions”

- emphasis on a different organization. the competition is coming in at a higher level by bluffing and trying, not focusing on going up the corporate ladder, or worried about being married to a company

its a widely replicated experience that changing jobs will get you 30% pay bump and the same level of responsibilities, while trying to move up gets you a ton more responsibility and single digit percent compensation increases

if many women are adverse to doing that, it would be a significant factor in some industries


Have you honestly heard any male colleague described as “too bitchy”? How did you listen to your female colleagues’ genuine experience of being unfairly labeled and come away from it thinking it was their fault? And the solution is “don’t be loyal and lie”? Sure you can probably get ahead doing that but yikes maybe it’s the system that’s the problem.


I’ve worked with a bunch of men who were considered ‘assholes’. Mean or difficult women are sometimes called bitches, mean or difficult men are sometimes called assholes. There is no practical difference between the two.


well one is allowed in a corporate setting and the other isn’t. that’s the main practical difference. i have literally sat in meetings where women are complaining about “old white assholes” in the industry (im not white) while my white male colleagues just look around uncomfortably.


amusing, as the competition doesn’t have the privilege of defining whose fault their circumstance is. adapt or exist in mediocre compensation, mediocre abilities to provide security to partners.

act like the competition. you aren’t going to get the satisfaction of an argument about the validity of everyone’s lived experiences.

figure it tf out and don’t worry about how it’s articulated in internet comments. otherwise, you’re probably not pulling your weight on the wage gap for your gender, yikes, because other people are.


The gender pay gap disappears when you control for hours worked, job seniority, and experience.

So, why do women work less hours than men and have less experience? That's still an issue even if it's not directly sexist. If we read some bullet points from your post:

> Men are more likely than women to have more years of continuous experience in their current occupation.

What crawls on four legs and causes women to drop out of the labour force?


> What crawls on four legs and causes women to drop out of the labour force?

"Women earn less due to sexist discrimination" and "women earn less due to bearing the brunt of raising children" are two distinct claims. The first one is contentious and widely disputed (disproved?).


Being socially expected to raise kids is a form of discrimination.


then so is being socially expected to provide for a woman with the same or better opportunities than you


> four legs, ...

If we, as a society, want to encourage more kids, we should to allocate those funds as a society, much like roads or anything else (we do, tax benefits, ..., maybe we should do more). If we want to offer welfare for people regardless of their life constraints, that's again a societal decision (and one I'm mostly in favor of).

Pushing that to each individual employer sets up a cat and mouse game where the shadiest organizations barely not getting audited are able to leverage that inequality (supposing we did fix the wage gap at an employer level without addressing underlying factors) to achieve higher profits and outperform the competition.

And that's one of the _better_ outcomes. Switching gears only slightly, suppose (using round numbers for simplicity) the average cost to the employer of maternity leave is 6 months salary and you have a 10% chance of incurring that cost. An organization like the NYT can absolutely self-insure, but at the level of only a few employees you cannot.

Something kind of like the unemployment insurance situation works much better in those kinds of scenarios. The government acts as an insurer to provide the service we as a society have decided is worthwhile, and each employer only has to send in a check for their average liability instead of dealing with a different mountain of paperwork and existential risks.


We can't even do something simple that I would like to see happen — make WIC universal with no conditions. It already covers about half of all children so it basically only doubles the budget. We can afford it and it saves so much time and energy trying to police the system.

Another one is free of cost universal pre-K. A lot of women can't go to work because there is nobody at home to take care of their children. But really the easiest lowest hanging fruit is universal WIC. Make it available to everyone so it is easier for us to tell people to get it.


what is WIC? I only find nutritional screening for infants? seems not the right definition


It provides benefits to eligible women and children under five

https://www.fns.usda.gov/wic/applicant-participant/eligibili...


> What crawls on four legs and causes women to drop out of the labour force?

https://en.wikipedia.org/wiki/Motherhood_penalty

progenity penalty is a societal issue, not issue between worker-corp. It is individual choice of a household to pro-create, and each mother's gender penalty is offset by father's gender penalty.

one may argue that America should provide more incentives to working families, but I see it as a society level issue, not the issue between a particular worker union and NYT.

I would love American society to unite once and for all, and ignore all artificial wedge lines created by MSM and uniparty (state, party, rural/urban, region, identity, ideology) and demand better laws that provide longer PFL and affordable childcare.

also in https://news.ycombinator.com/item?id=42047289


Curious what you mean by father's gender penalty as the link you provide states "Men's wages are either unaffected or even increase after having a child."

Doesn't sound like a penalty to me? also it assumes parents stay together if one offsets the other


> Whoever made this claim, did they control for other factors, like job title/level or productivity?

You get that "all the black people are in lower roles or somehow all deemed less productive" is worse, right?


Deemed “as less productive” by whom?

We have a free labour market, if it was true that NYT underpaid Black workers for the same productivity, they could easily jump ship to other company and make more $$.

What is stopping “black people” from escaping the supposed inequality at NYT and making more money elsewhere ????


> Deemed “as less productive” by whom?

You've attempted to explain away pay gaps by saying it's because of lower roles and/or lower productivity, but that's just the same problem with an extra step. Why are they in lower roles? Why are they assessed as less productive? Are they inherently dumb/lazy/bad, or are we just back to "the pay gap exists because of biases" again?

> What is stopping “black people” from escaping the supposed inequality at NYT and making more money elsewhere ????

Black NYT employees are likely very well aware that the biases they encounter are not unique to the NYT.


>but that's just the same problem with an extra step

I think it’s a totally different problem. The problem no longer is about how group X is compensated for doing job Y, but why group X is doing job Y in the first place.


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you can do a little scientific experiment yourself: Change your linkedin location to San Francisco, add the buzz words and $big_tech_company to your profile, make sure you are of under-represented minority in profile, and watch recruiters banging your door and offering to apply and headhunt you for pay raise


I think you're reading that the wrong way.

Rather than "talented engineers can already be hard to find, now divide that by 20".


See, I look at what you wrote and draw the mirror-image conclusion: "Here is a person who would prefer to shame others for being 'impolite' than let them say out loud what is obvious to literally anyone."

The fact that the situation is as GP described is undeniable. But there can be reasons why things are this way that extend beyond what the racists of yore believed about genetics. Most obviously: Not all subgroups of white people are equally represented in tech either. (When was the last time you were in a team where the majority hailed from Appalachia?)

But actual investigation and remediation can't begin until we can first point at reality and describe it as it currently is.


In practice, we use the term “labor market” because those words tend to go together, but if we take a moment to stop and imagine it was an actual “market” it would be a pretty crappy one. Imagine walking into a grocery store and milk was priced as “between $5 and $15”. You need to haggle on the final number. And that’s if you’re lucky to live in a state where prices have to be posted at all! You also don’t really know what’s in it. There is also considerable investment whether or not you end up liking the price. (Imagine you have to stand in line for an hour before you can even begin haggling.)

Anyone who has applied for a job knows that switching companies isn’t free, as it would be in a “free market”. There’s any number of outside factors that could prevent it. And switching too often is also viewed negatively, which is not true of e.g. shares of Amazon.


I think this image hits the nail on the head. Only thing missing is that markets will only sell to you if you live within an hours commute so you may need to move having to a different city, leaving friends/family behind to even try if the milk at another market is worth it. And sometimes the milk turns out to be orange juice...


could not disagree more. Switching jobs in tech is literally free pay raise. top tier tech worker can jump jobs every 2 years and get ~30% bump every time. You are actually leaving money on the table if you dont switch jobs (in tech specifically) - because jobs are comparable to each other.


I’m not sure which of my points you’re disagreeing with exactly.


I think it is interesting that people are so quick to understand that measuring productivity is difficult when it comes to software engineering metrics or how promotions can be scuttled by things like internal politics but when it comes to macro scale things suddenly we assume that populations are being accurately evaluated for productivity.


Exactly. A few years ago everyone outside of tech was excited about a study from Google showing that “soft skills” were more important for career advancement for engineers within Google.

And it’s almost tautological: people who are good at playing organizational games succeed in the organization. Actually measuring engineering productivity isn’t solved at all.


People aren't spherical objects. People may rightfully fear being mistreated by horrible bosses and hence stay in jobs that doesn't maximize salary.


to me, this is actually an argument in favor of becoming a spherical object, so that you can easily switch job in case your boss is horrible.

You don't want to be stuck under a bad boss, do you? or do you want to take a gamble that each manager will be perfect (manager can change without your control as well due to restructuring)?

if Corporation treats employees as a perfectly replaceable unit of a Human Resource, then I will treat them as a fungible unit of a Job Description


We have a free labour market

Do we? Your spelling suggests you're not from the US, so I wonder how familiar you are with market conditions. Gotta say your arguments here and above come off as a little shallow.


do you have an argument to the contrary, besides spelling?


I don't see why I should just accept your premise at face value.


My argument is we have at-will employment which means you are free to work at any company willing to hire you, and free to leave and join elsewhere if you find a better place. I certainly benefited myself from at-will employment and free labour market.

Do you have a reason to believe the labor market is not free? Like do tech workers in NYT experience slavery/involuntary labor or industry gatekeeping of some sort?


Jesus christ thank you, folks on the internet are so quick to dismiss pay gaps just because we know what causes them as if that magically makes it not a problem.

Take one factor, women earn less because of mid-career halts due to having children, like the father didn't also have a child. Women bear the brunt because we're expected to be the primary caregivers, and this hurts men too due to the "father babysitting his kids" problem of considering the father's involvement as secondary.

You can say this isn't a problem for her employer to solve but as long as we have no intention of upsetting the standard nuclear family gender roles men and women taking the default life path shouldn't consistently make one worse off than the other.


What if Women, on average, prefer to take more time away from work due to having a child than their male partners? And what if "Black" people are, on average, younger than other groups and so are more likely to be in early-career roles?

More broadly, once we start dividing "People" up into groups like "Black" "White" "Man" "Woman"; isn't a bit silly to think the groups won't expect and want and do different things? Like even if we assign people literally at random (and 'Race' isn't much different than this); wouldn't differences emerge?


Now, imagine you enslave one of those groups for ~400 years, prevent them from voting or getting an equal education for another ~100+. Might differences emerge in how society treats that population?


Yes. Do you agree that my point is also correct? Different groups want different things, and have different demographics, and excel in different areas.

If we defined the "groups" in a less historically informed way, we'd still have differences.


> Different groups want different things, and have different demographics, and excel in different areas.

I think it's very easy to overstate how much those things are genuine differences in preference/ability. Allowing no-fault divorce dropped female suicide rates by 20%; were they happy in those marriages, or enduring them? Would they choose differently if offered the same opportunity?


Wasn't there also research showing that when women's financial independence improved, divorce rates went up? I wish I could find that source again.


Do you think people with Green eyes are more or less compensated than people with blue eyes?


Eye color, unlike Race or Gender, is pretty evenly distributed over the obvious confounding variables like "Age" or "Preference of staying home with children". I'd expect it to be +/- 10%, though probably not "equal" enough to keep "disparate impact" folks from calling it out.


Any individual woman has far more control over how she and her husband split childcare responsibilities than her employer who was not involved in who she decided to marry or how they decided to split up childcare and financially providing for the family.

And I don't think it's crazy for individuals who dedicate more of their life to work to make more money those who don't.


Just from my casual observation, it seems like these days, lots of women complain about having to do a lot more household work than their husbands, while also holding a full-time job just like the husbands. But no one ever seems to ask these women: "why did you marry this guy then?"

Of course, I've been in a bad marriage myself, so I understand how someone can make a really poor decision about their marriage partner (esp. when young!), but it seems to me that a lot of people are in lousy marriages, and are only still in them because it's easier to put up with a crappy partner, especially when you have kids, than to divorce and try to deal with the huge challenges that life as a divorced parent presents. I suspect many, many people (primarily women) are just waiting until the kids are out of the house until they finally end their marriages.

All in all, this makes me wonder how viable traditional marriage as an institution really is any more.


This is patently false. The USA does not have any regulations around equal parental leave for example. Very few companies allow employees to split their leave however they want, like some other countries do.


each family makes their own decision how to split responsibilities at home. Its possible that men take care of children, while women work more.

my position is each wife's gender gap is compensated by husband's gender gap, and on balance it all comes down to individual choices, division of labor at household level.

Using motherhood as a wedge issue between genders is an artificial issue that ignores incomes and choices at the household level.


It seems logical that if either partner has to stop working for childcare, whichever partner earns the most keeps their job, unfortunately that just creates a feedback loop where gender gap means women are more likely to tale on child care, which in turn is used to justify the gender gap.

I don't think there is any real agency there. That said I also don't think parenthood is the root of the issue.


> my position is each wife's gender gap is compensated by husband's gender gap

Time to turn off the “Leave it to Beaver” reruns, I think.


this is not an issue between union and corporation, but more like societal issue. Other countries provide prolonged maternity leave (Sweden has 16 months leave) and free/cheap childcare.

Its just that American lawmakers don't value traditional American family, they'd rather woman have an abortion, instead of subsidized childcare and 12+ months of paid family leave.

This is not a gender issue, this is the issue of American elites refusing to provide incentives to working American families.

Remember, most of the American societal "struggles" across artificial wedge lines (straight vs gay, male vs female, democrat vs republican, pro-choice vs pro-life, coastal vs rural, etc etc) => are artificially created by the mainstream media and Uniparty in the DC to leech taxes from working families and selectively prop up one side of the struggle, so that another side is outraged and fought the other.

There is only one struggle in America: rich rentiers on Investment income/Trust funds vs Working class on W2 income.

everything else is distraction


I broadly agree, but would draw this out a little:

> Its just that American lawmakers don't value traditional American family, they'd rather woman have an abortion, instead of subsidized childcare and 12+ months of paid family leave.

I'd be surprised if any federal elected official was on record with a position as ghoulish as this. I think the diversity of opinion on "what do we do about childbearing" is broader than "American lawmakers... would rather women have an abortion". At least the right is pushing a lot of incentives to make women staying home to raise children economically feasible again, and the left is really trying to figure out the care economy. There's a lot of hot button cultural stuff entwined with all of this, but also a rich policy discussion happening underneath.


> You can say this isn't a problem for her employer to solve but as long as we have no intention of upsetting the standard nuclear family gender roles men and women taking the default life path shouldn't consistently make one worse off than the other.

Yes it should — if they’re making choices at a different rate.

That is, if men who take similar time off experience similar hardship and it simply happens to be that women prefer to stay home with the kids more often, there is literally no problem.

We don’t need to “fix” biology to fit our ideology: that’s backwards.


What annoys me about the left is exactly things like this. Someone points out that an ideologically-motivated claim is baseless, and the talking heads on the left just repeat, over and over, in various ways, that bad-faith actors on the right are disputing the claim, but they’re wrong (and evil). They just do this until people get tired of arguing, and they refuse to give up the claim.

With the right, a lot of it is based on religion or irreducible moral sentiment, and you just accept that some people on the right believe crazy things and can’t be swayed. On balance their beliefs are more harmful (though not by as much as in the past), but they don’t bother me in the same way because they’re admittedly irrational. Many on the left start with a set of beliefs similarly rooted in feeling and then rationalize the hell out of them, and will (often literally) scream at you if you dare to point out that their evidence is ex post facto and just poor besides.


> Turns out "gender pay gap" magically disappears as soon as you start controlling for relevant variables

I think this is false?

The gap certainly becomes smaller when you control for those factors, but it does not disappear.

But don't take my word for it; search for "unadjusted gap" (or "uncontrolled") vs "adjusted gap" (or "controlled") to see various reports. Your quoted source does not cite much data that I can see.

My understanding is that the adjusted pay gap is approx. 99¢ vs. $1 for men; one source, with data and a description of their methodology: https://www.payscale.com/research-and-insights/gender-pay-ga...

(and of course, aside from this, the question of why women would tend to have less experience and lower titles than men, is a valid topic on its own, and adjusting for it doesn't make it unimportant)


> 99¢ vs. $1 for men

isn't it on the border of measurement error ? Would it be fair to say, after controlling for some variables the gender gap narrows down to 1% (which is a fairly small number if you ask me).

Like $1000 per year on a median salary in the US


> isn't it on the border of measurement error?

At least going by that payscale.com link, I don't think so. That is compiled from 600K+ responses, so they have enough data to measure small differences with some confidence, I think. I didn't sign up to download the full dataset though, so I'm mostly going by their claims.

Quoting from the article:

  Although $0.99 may seem very close to $1, the red line in the chart
  below has never crossed the dotted $1 line in blue representing men’s
  pay. Even when women are doing the same jobs, the gender pay gap is
  not zero.
If it were a "lost in measurement error" thing, I would expect that chart to have a lot more noise in it — some years women would be above men, other years below (that said, I do wish the charts had error bars). Instead, it's showing a small-but-consistent difference repeated across the years.


Claims that there is no gender pay gap based on clearly biased sources irks me.

So firstly, you don’t know what the NYT tech guild analysis looked like, so why assume they didn’t control for other factors? It is plausible they could have, given their access to competent statisticians, but we don’t know either way. It seems like you may just want this story to fit your pre-existing narrative.

Secondly, there are so many high-quality studies out there better than an a blog post about a Forbes article about an interview from a conservative think tank that show the very real existence of a gender pay gap that _is not accounted for_ by fewer hours worked, experience, or job type (yes these do contribute but are far from the entire picture). Here’s a couple (read their citations for more):

https://www.dol.gov/sites/dolgov/files/WB/equalpay/WB_issueb... https://www.nber.org/system/files/working_papers/w21913/w219...

Lastly, _even if_ womens’ “lifestyle choices” were to explain entirely the pay gap (which they don’t, see above), think about what kind of career choices you’d make if you had to constantly debate about your right to equal pay with your supposed peers.


It’s not really plausible that the NYT tech guild would have controlled for factors that would make the pay gap appear smaller, because their incentive isn’t to be truth-seeking, but to attain a superior negotiating position.


I am economist and former quant. I wrote a report on the gender pay gap for a candidate for Congress. There is evidence of a gap.

Glassdoor has a great report showing that salaries for the same company and same job title are about 7% lower for women. An academic paper on MBA grads showed that hiring salaries for women were lower. So there is evidence for it.

For the MBA grads, the paper show that with training on negotiation, women got salaries similar to men. So, there are policies that help.


Surely, every other time you've raised this argument, people have pointed out that job seniority is a desirable and highly contested variable? Saying that it makes sense, because fewer women and minorities are promoted, does not actually support your point. Don't control for job title.


I think it helps to isolate the issue and prescribe better targeted intervention measures.

If we can say that for the same level, gender pay gap does not exist, but there is discrepancy in promoting women to senior/executive levels: and there could be many legitimate reasons.

and the issue of gender gap becomes an issue of promoting women to senior levels from the inside, or more diverse hiring for senior job roles from outside.


If you have the time, could you explain what you think "gender studies" entails? Not to step on your broader point at all, but I think you might need to pick a better strawman here.

I can only speak anecdotally with my many years in the "liberal arts", but feel pretty confident you would be laughed out of the classroom for bringing such a thing up, whatever side of it you are on. Its just more of a thing people like us argue about on message boards, not really something academics would care about beyond a fraught data point! For I hope obvious reasons.

And no I cant speak for the annoying guy you met one time who was a gender studies major. I'm sure they were very annoying though.


"Gender studies" is usually used as a dog whistle for low rigor Liberal Arts programs like Psychology (as opposed to high rigor STEM programs like Physics).

Colleges aggressively enroll low-SAT high schoolers in these low rigor fields, because they want their federal student loan money at overinflated tuition. Colleges have only incentive to overproduce students and hand out diplomas like candy in exchange for student loan money.

The problem with over-enrollment of low-SAT students in low rigor fields is Replication crisis[1]. A lot of "research papers" are being produced every year due to sheer over-production of graduate students in these fields, and with pressure to "publish-or-perish" a lot of research ends up bogus, fake, non-replicated or p-hacked.

This NYT claim caught my attention because they used words "average wage per gender/race" - which is telling sign they used simple Excel's AVERAGE() to get their "insights".

In a more rigorous field like econometrics/statistics, you would be laughed at if you make such claim because average numbers hide a lot of nuance, required to understand the field. If one were to control for certain confounding variables, one would get a much better understanding of a "wage gap" or "racial gap" issue and understand each individual components of the gap, rather than blaming everything on strawman "institutional racism" or "institutional misogyny" or whatever

  1. https://en.wikipedia.org/wiki/Replication_crisis


Ah gotcha. Well thanks for responding thoughtfully, reading what I actually said! Good luck with all that, you are fighting a good fight. One day those rigor-less Academia scum are gonna get whats coming to them, I'm sure.


I don’t think it’s really relevant? It would be a very easy promise to make if no such thing were happening in the first place.

I’m going to give them the benefit of the doubt and assume they’re smart enough to not just straight up compare the average of all men vs the average of all women.


Given that I've got a rather nice chunk of cash (buy-a-really-nice-car nice) from a settlement in a pay gap lawsuit, there's at least existence proof that a pay gap exists occasionally to the extent a judge will believe it does. I'd consider looking at the actual data instead of blanket-dismissing via generic questions.

Further, given that the AEI has a very strong incentive to lie a pay gap away, I'd at least suggest consulting additional resources.


I don't know that the American Enterprise Institute is the most unbiased source of this information.

The author of this particular article you linked to (which itself doesn't really link out to much, other than an interview given by Sheryl Sandberg and references to her commentary from The Guardian, so where is the data coming from exactly?) is also a concurrent fellow at The Federalist Society[0] which has a notoriously right wing bent to its interpretation of law and policy research, which does bring up some questions of bias here, given this and the fact there isn't anything in the linked article that really supports their position, rather its a snippet of interpretation for a Sheryl Sandberg interview and a book titled Why Men Earn More: The Startling Truth Behind the Pay Gap -- and What Women Can Do About It by Warren Farrell. To which, he uses both snippets outside of their broader context, which both argue that pay remediation is a core component to having gender equality in the workplace, but isn't the only thing

I'm coming up empty here, as to what supports this assertion as any semblance of reality?

Prove me wrong with facts and studies, I’m all ears. I would life to be wrong about this

[0]: https://fedsoc.org/contributors/mark-perry-2


If you feel so strongly about it, become a Union rep and advocate for whatever you see fit.


> claims like these always irk me, like did you just compare averages by race/gender? Whoever made this claim, did they control for other factors, like job title/level or productivity

Their methodology and third party checks are explained here:

https://www.nyguild.org/2022-nyt-performance-evaluations-rep...

Edit: removed dumb take


> claims like these always irk me, like did you just compare averages by race/gender? Whoever made this claim, did they control for other factors, like job title/level or productivity?

I can’t speak for these numbers, but when we do them we account for these things. Obviously pay isn’t going to be fair, but it should be less unfair than it is at many places.

Part of the reason women get paid less where I currently work is because they ask less. That doesn’t mean every white man is paid much better, because not all men ask either. In general, however, you can generalise across experience, productivity, seniority and so on and say that some groups are paid less. There are a lot of factors which play into this beyond people not asking. Our metrics also show that employees who ask less frequently or are in general less assertive are also much less likely to leave their jobs. As such it becomes less of a risk to not give them raises. Risk of employees leaving is a factor you consider when balancing your budget, and I’m sure you can imagine other things which may play into this, some of which, shouldn’t.


> Part of the reason women get paid less where I currently work is because they ask less.

Yes, and that’s because as study after study has shown they’re less likely to successfully get more and not have it held against them.

> New research by Berkeley Haas Professor Laura Kray shows the belief that women don’t ask for higher pay is not only outdated, but it may be hurting pay equity efforts. Contrary to popular belief, professional women now report negotiating their salaries more often than men, but they get turned down more often, Kray found.

https://newsroom.haas.berkeley.edu/research/new-research-sha...


If you notice I spoke about my place of work. Not on the national or global norm. I’m sure times are changing, but it’s not what our internal metrics currently show at our company.

I personally hope it changes.


Do you have internal metrics showing that women who ask are treated the same way? That women are convincingly told that it won’t jeopardize their offers as it likely has at other employees? This stuff is insidious and it doesn’t need to happen every time, everywhere to shape people’s decisions.


We don’t have any sort of metrics which are that personalised.

I’m not sure you’re arguing against who you think you’re arguing against. I’m not defending it, I’m simply sharing how it is at our place. There are a lot of issues, if you took a wild guess at the demography of our manager staff I'm fairly certain you would get it right.


Yeah, supporting anecdote: only thing I got for trying to negociate my salary and benefits last time I tried, was my contract started over a month later so I technically lost that much pay, with zero changes to my contract. It just doesn't feel worth trying. Sure, you can blame me for poor negotiation skills maybe, or for not walking away from this job but contrast that to my partner's salary doubling without having to even ask... So it deeply irritates me when people say women don't get things because they don't ask. It is just a catch 22 situation.


> The third demand in dispute is a frequent source of anxiety for Hoehne in particular: return to office.

Other tech workers should take note. RTO is negotiable, like everything else. If companies can enforce RTO with zero cost, they just might do it.


I just don't know, all these points sound so weirdly out of touch with reality, it feels like we live in a world of children and there are no parents anymore.

Point 1: Only getting fired for a good reason? Who decides what a good reason is? The boss right? So what are we even doing here, what's the hidden implication? They want a foot in the door to be able to argue that X wasn't really a good reason and they'll strike over it. If I were a company owner/boss I would want to be able to fire people who are terrible to be around, argumentative for no good reason. Is that a good reason? They would think no because it's a personal fit issue. And yet it's totally legitimate, people don't get hired all the time over "fit" but then you can't fire over "fit". Everytime I have to deal with such colleagues I always think "man if I were a boss, I'd just fire such people, it's so obviously poison for the work environment". Arguing effectively is important but because it's so important it's a great duty to not use it as a tool for personal benefits.

Point 2: Pay discrepancies for "women or people of color" could easily have real world reasons, maybe they really are just worse at their job, less engaged, less ambitious, whatever it is that causes less pay. It's not impossible for this to be the case, no matter how uncomfortable that may be for everyone. Yes really. Yes really really. It can absolutely be true. You might even have a situation where every worker from Russia is just worse at their job. Or the majority of workers that are e.g hindu are just worse for whatever reason that a company can't fathom. It may even be the case that everyone who is white is worse for whatever reason, maybe they are too comfortable, who knows, none of this is impossible and none of this is the job of the company to figure out. I need to have the legal power to pay worse people less money or we are in a situation where you just levied a massive hidden tax on my company. You want me to subsidize worse performers in some strange hope that this is going to help the country as a whole to be nicer. Well having a nicer country would be fantastic, I just want you to be clear that you are issuing massive, gigantic new taxes with these so called anti-racist, anti-sexist rules and it's not just a tax on the company, it also hurts the psychology of all the better workers, so you are hurting society in general. Who is going to count the cost at the end? Why work harder after all if you can just have a certain genetic profile or protected political class and then you'll get free money. What such people who push for this are always implying is that the company is hurting itself in sexist, racist confusion, the implication is that these people are underpaid for the value they provide and the company is too incompetent to see it. The union or government in their infinite wisdom is going to force the company's racists/sexists/homophobes to finally pay according to the real value of these workers and the only metric that they will use to determine the real value is genetics and political class. Absurd isn't even a strong enough word to describe it. Even in the theoretical best case scenario for such a rule where you truly have identical value from two different people, why reward the person that doesn't want to negotiate for more pay? What we should actually do is maybe look at workers' family situation and give people who can't negotiate effectively due to raising kids that they get a government tax bonus. But wait, that is already the case! People who have kids can already get a tax bonus.

Point 3: Yes it would be nice if we could all work how we want but how is that a legitimate negotiable thing for the union to involve itself in? If the company thinks that home office doesn't work for them then who is the union to say otherwise?!

The entire mindset here is so utterly divorced from reality, it's like a luxury daycare where the kids complain that some other kid got a slightly better piece of the pie.


> Only getting fired for a good reason? Who decides what a good reason is?

There are these things that exist called courts and independent arbitrators...

> Pay discrepancies for "women or people of color" could easily have real world reasons, maybe they really are just worse at their job, less engaged, less ambitious, whatever it is that causes less pay.

> ...

> I need to have the legal power to pay worse people less money or we are in a situation where you just levied a massive hidden tax on my company.

Ok, then. We have these things called protected categories. If your contention is one of those categories actually consists of "worse people" that you need to be able to "pay less money," then you need to prove that each of those individuals is in fact "worse." A giant wall-o-text consisting of a bunch of coulds, maybes, and I-want-to-be-able-to-do-this's ain't gonna cut it.

> Yes it would be nice if we could all work how we want but how is that a legitimate negotiable thing for the union to involve itself in?

The short answer: yes. The long answer is: yes, and why is that news to you?

> The entire mindset here is so utterly divorced from reality...

Honestly, I could say the same about your comment.


We can just take this exchange as an example, maybe that helps to clarify my actual position. Imagine if I had to contact an independent committee before I could "fire"(=ignore) your comment with several snide insults. I'd get bogged down, my work day would be slower. Imagine if somebody could drag me to court over every comment decision because hey, maybe I just ignored it for no good reason, or because you are black or white or have a certain religion. You could file an appeal at HN that I have to give you more attention. So in your desired reality we will have to find out during the court proceedings and in the meantime I am forced to pay you 15% more attention *by default* in an irrational attempt of fairness to all the other comments if they received 15% higher attention.

Having certain protections against discrimination is a good thing but they should be very carefully applied. We can already see that the New York Times Tech Guild does not seem to want careful application of these rules if their website doesn't even mention any evaluation of worker productivity or value, all their study apparently did was to look at pay difference without looking at work difference. A perfect example of a total failure to care about the correct things, a total failure to care about what the company needs to achieve (=actual value) and just looking at pay with no connection to possible reasons I enumerated. https://www.nyguild.org/post/pay-inequity-at-the-new-york-ti...


> Imagine if I had to contact an independent committee before I could... ignore your comment...

I can imagine an orange when we're talking apples, sure.

> We can already see that the New York Times Tech Guild does not seem to want careful application of these rules if their website doesn't even mention any evaluation of worker productivity or value, all their study apparently did was to look at pay difference without looking at work difference.

Come on, it's an adversarial negotiation. You seem to really want to argue the side of the employer, and for some strange reason seem also want everyone to argue that side as well.


Point 1: The hidden implication is obviously the continued problem of large firms over-hiring when labor or money is cheap and then performing mass layoffs when it's not. If you are hiring someone or a group with plans of firing them later then the contract wasn't established in good faith. Many of these workers can make more hourly if they are independent, they are paying for stability. No company should be able to double dip by hiring a large team to build a system and then firing most of them to maintain it on a shoe-string budget, if they want to do that they can pay top dollar to have a 3rd party build it

Point 2: No matter how it shakes out, if you structure your company in a way that white men or asian men are incentivized to do more or women and blacks are incentivized to do less, then your company has a racist incentive structure and it should be rebuilt. They aren't flying in 15-year-old Hadje from Chad, the people they hire are all similarly qualified so there shouldn't be such a large gap, as we know cause if we restrict it to just white men then there isn't this large pay gap. Besides, it's a complete myth that people are "payed what they are worth" if that were the case a 100xer would make 100x more than a 1xer after firing 99 people and keeping the 100xer. In reality they might double or tripple their pay and the rest just becomes (record) profits for the company and 99 people are out of work.

Point 3: Does the company have any evidence that it doesn't work or should we just take their word? Doesn't work in what sense? That profits for the company aren't maximized? If that's the only metric then why should the employees be payed at all? Just have them as slaves and use the government to beat or kill them if they disagree.


I'd also point out the irony that if the NYT had hired staff with balanced and diverse perspectives, it might not have put itself in this ouroboros trap.


Thank you! I wish I could promote this (and @crazygringo's helpful summary a few min ago) to the top of the thread. The rest of the HN commentary so far would've benefited from it a lot.


> The two sides negotiated until late Sunday. The sticking points in recent days were over whether they could get a “just cause” provision in their contract, which means workers can be terminated only for misconduct or another such reason; pay increases and pay equity; and return-to-office policies.

This seems like a LOT of issues that still need to be hammered out. It would be one thing if they were disagreeing about a number, but it sounds like the terms keep changing and nobody agrees on the nature of the work itself. It's not even clear that there's a preliminary contract ready for the NYTimes to sign.

Striking during election week is kind of a crappy move to pull. But if this is just attention seeking without a serious contract, it seems egregiously risky on behalf of the union members too: there's not a clear button the Times can push on behalf of the union to end the strike immediately. The Times would either have to sign a blank check to the union now, or the union would have to agree to an IOU in exchange for a bunch of temporary concessions.


> Striking during election week is kind of a crappy move to pull

I couldn't disagree more. The point of a strike is to demonstrate the value of your labor by withholding it. Withholding your labor in a slow week would be counterproductive. Strikes (just like any effective form of protest) are supposed to be inconvenient, so in saying what you said, you're really just expressing you don't like strikes. Having this blow up in election week is a risk the Times knowingly took in not meeting their workers' needs sufficiently, and drawing out the negotiations as long as they have. The guild is doing the right thing.


Sure, but you are also appealing for public sentiment. So there's a reason why teacher's unions carefully time their strikes so they don't clash with important events like SAT season.

I'm not arguing they need to pick the slowest week, but striking a balance seems pretty reasonable and pretty standard for most other unions.


I'm pretty sure the wider harm of the NYT halting operations for an entire week—which isn't remotely what's happening—would be effectively zero, even during the week of a presidential election. What's the problem?

Teachers and health care workers try to be more careful because a bunch of vulnerable people (children, patients) with little to no say in anything about how their respective institutions run are heavily dependent on them. A single newspaper, even the NYT, isn't comparable.


Exactly, if anything this strike is timed to do the least damage to the general public relative to the amount of impact it has on the business. The election has already been decided, we're just waiting to tally the votes. Most people have already decided if they're going to vote and if so who for.

If they had striked last week or the week before they'd have been accused of election interference. Striking this week hurts the Times because they run the risk of losing traffic from people trying to see results, but it doesn't impact the results at all. It's the best possible time to strike this year.


Hard disagree. The most important part of the election, from a news perspective, will be during/after the count, especially if it looks like Harris will win, or it's exceedingly close. Maybe this wouldn't be the case pre-Trump, when elections were decided relatively quickly, and you could assume a peaceful transfer of power.


>when elections were decided relatively quickly,

https://en.wikipedia.org/wiki/Bush_v._Gore

I wonder how people who seem to care so much about politics don't spend any time reading about politics beyond rage bait headlines.

The NYT burning to the ground doesn't seem like a bad outcome if it will force people to use wikipedia which still has hyperlinks.


Because most people who “care” about politics like this are radicalized due to their bubble. Add in a fair mix of a lack of civics classes and inexperience with politics and you get very loud people with no idea what’s going on.


Who is harmed and how? Students only have one school and limited options for the SATs. The results draw the most attention, but there are countless reputable sources people can turn to, and little lost by learning the results a bit later.


What part are you disagreeing with?


The part he clearly didn’t understand


I would argue it's a great benefit rather than a problem, too.

NYT not publishing sensationalist bullshit? While it's just one outlet out of countless many, the world will be that much more peaceful for but a short while.


I didn't think my original comment needed it, but yes, I actually agree the NYT not publishing might be a net improvement in the world, not just not-harmful.


When teachers or doctors or nurses strike regular people, the general public, suffer. In the case of the NYT tech staff nobody suffers except the NYT leadership. Oh no you can't read NYT during election week. Whatever, read something else.


The megacorps' refusal to negotiate or compromise is what caused the problem. They are the villains, not the working people being understaffed, underpaid, and hated on by selfish third parties who don't understand solidarity.


I agree. I’m just pointing out the reason why those other professions need to carefully time their strikes to avoid adversely affecting innocent third parties. In the case of the NYT the only people affected are the leadership so they can time their strike for maximum impact without regard for impact on third parties.


The teachers are a little different though. When they go on strike, the most directly affected people are the students, who they aren't negotiating with. Second hand effects are on the parents, who again they aren't negotiating with.

It's only via third hand effects that the other party is actually affected, because the parents have to make the admin's life hard.

So teachers consider that their first duty is to the students. Also they are there to help the students to begin with.


> Sure, but you are also appealing for public sentiment.

You can't count on public sentiment for anything labor oriented in the US - corporations have owned the narrative for the last 40 years. The reason teachers unions avoid clashing is partially because they care about not effecting the kids as much as possible, and partially because they are already keeling over with states dropping the public school system.


I don't think there will be any impactful election news for at least 48 hours, probably more. People will be nervously grasping for assurances that they can't realistically have and the outlets will be cranking out content to fill that void without actually saying anything. It's pretty much just dark entertainment at this point.

Writing such content would be terrible, sounds like a great time to strike.


There’s not much actual value to society to having stuff like the election needle running, it is just a moment-to-moment description of the processes of counting votes, which have already been cast, so we can “enjoy” the stress of Election Day.

But it is probably a huge click-driver for NYT.

This actually is probably the best possible moment for a strike, in terms of inconveniencing NYT without harming coverage of important events.


Sure but the NY times is just one of many news websites and even if it went down, people aren't gonna miss it in the same way as teachers going on strike


The public aren't the party you're negotiating with. You're negotiating with management.

What the public thinks is not particularly relevant, just like it's not relevant to my relationship with my manager.

The only time public sentiment is relevant from a strike is when the public's representatives can order you back to work. That's a risk for a teacher, or a railworker, but not for a newspaper tech.


When public sector workers like teachers go on strike, the other side of the negotiating table is ultimately elected by the public that’s being inconvenienced. That’s a completely different strategic playing field than a private sector strike.


Teachers are also paid crap because they continue to work for starvation wages. They should strike more because they will not receive more compensation with gentle pleas that are convenient.


I just checked and in my school district the lowest paid (full time) teacher made ~$100k in 2022 (the highest paid made $180k). I would hardly call that "starvation wages".


That is so outside the norm. Average in the US is about $71k and varies WILDLY from state to state, school to school, district to district, and importantly, that variation is one of the huge problems in the first place.

You get that $70k in the big city school where those dollars do not go very far, while out in the boonies where a shitload of teaching is done, you make far, far, far less.


Is 70k considered a starvation wage nowadays? I think I need to look up the definition because this seems far above minimum wage. Most people I know make under 40k per year and they aren't starving...


The problem is housing and costs that are rising as if everyone is making $300k in many places. It doesn’t keep up with costs at all. But if you live in an LCOL, it could be very respectable.


oh I see, thanks for clarifying. Comparable to e.g. downtown baristas who can't afford rent in the city they work in. Still mind boggling that even 70k is insufficient to afford housing.

LCOL = low cost of living for anyone else who may need to look it up.


$70k isn't a lot of money when everyone else is making $200k.

You would have this problem in any area where there is a lot money sloshing around, e.g. most cities in Switzerland. Unless you have some sort of rent control/social housing, or a lot of surplus market to satisfy a wide variety of demand, those people with money are going to simply outbid you.


Teachers make a fair salary. It’s a degreed position with ~100 days PTO annually, so when you account for that the benefits actually outweigh most degreed positions. One could argue the ceiling is closer, particularly for primary education, but that’s a problem of govt funding more than anything.


>It’s a degreed position with ~100 days PTO annually

They do not get 100 days of PTO. They get an hour per work week of PTO and a mandatory 2 month leave. You can't do anything with that leave because there is no simultaneous need for more workers for those two months in any other industry, so you are basically furloughed.

Keep in mind, the states that aren't killing education generally require serious credentials, like a 4 year degree, to make on average $70k a year.

This also completely ignores the mountains of unpaid work teachers do. Every single hour of homework they have to give out to ensure kids get the practice they need to internalize a lesson is at least an hour of grading work, and that's for the easy stuff like fill in the bubble tests that you can literally automate.

My mother regularly spent until 7pm working her teaching job, because that is what is required to be a good teacher.


Isn’t the whole point of a strike to withhold value?


> Striking during election week is kind of a crappy move to pull

NYTimes has dragged out the negotiations for months, refusing to have a contract. It's kinda a make or break time for the union.

When would be better to strike, what time would NYTimes and the audience prefer? It should be during a choke point otherwise management wouldn't listen.

Additionally, this is a high traffic time, but not really a high stakes time I'd argue. They're not going to influence the election by going out day before or day of it, they will just lose viewership to others covering what's happening.


Didn't Wirecutter once strike during Black Friday?

https://nypost.com/2021/11/25/workers-at-new-york-times-wire...


>When would be better to strike

i think the point the parent is making is that a better time to strike would be when they have specific demands that management is able to meet - to get them to the negotiating table, or to get them to sign a contract.

but in the case where management is already at the negotiating table, and there's no contract to be signed, it's not clear what short-term goal a strike is meant to achieve. the only thing it does is cause hurt. Hurting management is going to make their negotiations more difficult. and hurting management in this specific way is not just hurting management, it's also alienating their journalist colleagues who should be their strongest allies in this fight.


> when they have specific demands that management is able to meet

It's just wild how management is able to unilaterally decide what is and isn't reasonable, and just label unions as childish.

"We want to help you, but you're hurting us!" is one small step away from "gosh we love the idea of unions but it causes too much friction between workers and management, and trust me, management knows best."


I don't think parent is defending the management here; rather pointing out that it's a strategic error to play your strongest negotiating card before you are ready to make the deal. True, the New York Times will miss out on the election coverage bonanza this time, but unless the union can say "sign here to make this problem go away" they are just hurting the management for nothing. I've only heard of the story today, but it doesn't sound like the union even has a written offer ready.


> "sign here to make this problem go away"

They been saying that about 2.5 years now. They have clear demands that the management can just accept.


Pretty sure they're ready to make the deal if they get just-cause, work from home, and salary.

It's been a long time they've been trying to make a deal so it's disingenuous to say they're pulling the card early. Management refused to come to the table until recently.


NY Times management has been accused of some extremely shady stuff. For example, their chief union negotiator is also responsible for disciplining wayward staff members. Union members who strongly advocate get more infractions and punishments than those who are passive.


Management are already hurt by the formation of the union, and not agreeing to a contract is their way of attempting to hurt the union back.

I'd agree with you if the situation suggested management were acting in good faith, but 6+ months to negotiate is them either not taking the union seriously or trying to wear them down and make union leadership look ineffective to members.


Negotiations have been going on for 2 years, and the strike was approved in September. This isn’t a spur-of-the-moment, attention-seeking thing and was totally preventable by NYT.

https://www.axios.com/2024/09/10/nyt-tech-union-strike-vote


> workers can be terminated only for misconduct or another such reason

This is such a weird request for technology workers. You want to work with low-performing coworkers?


No, I want management to develop a system to determine who is low-performing, document when those workers don't meet the standards of performance, and reference those documents when they fire someone.

It's just asking for due process.


This sounds good, but in my experience bad employees were known to everyone. It was difficult to pinpoint exactly why they were bad or toxic, but pretty much everyone agreed. If you gave them some benchmark they would need to hit (e.g. close tickets, be on call, etc), they would be able to do so. So creating a documentation trail is difficult, especially if its based on people saying they don't think he does good work or people don't want to work with him.

This is where I break with the "pro worker" dialog you hear online a lot. In my experience, competent employees are incredible difficult to come by. Recruiters are paid a few months salary just to get someone through the door. To think that employers are just randomly firing people for no reason has never struck me as being even remotely true. I'd prefer the quick to hire, quick to fire economy. Especially since employers would be much less likely to take a chance if they know there are a lot of hoops they'd have to jump through if it didn't work out


I worked in fast food and this resonates extremely with me. There were only 4-5 people in a kitchen during the busy rush, and there was a list everyone knew of people they didn't want to get stuck in a shift with. If someone sucks to work with, it really sucks, and because everyone is pitching in and working together, there is no indication that the person was bad at their job. If you were fired, it was usually because your fellow workers said you were bad.

I'm all on board with better pay and benefits. But protecting mediocrity doesn't benefit customers or other workers. Companies may occasionally arbitrarily fire good employees without a good cause, but that would be their loss.

One thing you'll notice in employee-owned companies (as opposed to unionized companies) is that they generally do no tolerate such clauses in their contracts.


Price's Law is "50% of the work is done by the square root of the total number of people who participate in the work."

https://dariusforoux.com/prices-law/

https://routine.co/blog/what-is-the-prices-law-and-why-is-it...


"law" is an incredible term used for "an observation a physicist made about the author citations of academic papers at one point in time", especially when you try to extend that to software development, and realize that there's other competing theories with supposedly better fits. I have not independently re-run the analysis myself, but lotka's law claims to be better an in general these are all special cases of zipf's laws, which is admittedly where I personally first heard this concept.

...which is probably why you only see this stuff regurgitated in blog posts and right-wing Malcolm gladwell (Jordan Peterson is quoted as the source in one of your cited blog posts).

Either way, I'd be highly, highly suspect of parroting Price's "law" as a fact.

(I get stuff like Conway's law or Moore or Murphy are all also cited as laws, and I don't like that terminology either. "Conjecture" would fit so much better, save for Murphy's)

Even if the law were true regarding authorship, and applied to software, that still wouldn't show that the "valuable contributions" are only made by virtue of a small set of excellent contributors -- see "Matthew effect"

https://en.m.wikipedia.org/wiki/Matthew_effect


So, extending that rule (approximately):

All the actual work on Earth is performed by sqrt( 3,630,000,000 )[1] or:

~60,000 workers

[1] https://data.worldbank.org/indicator/SL.TLF.TOTL.IN

"Based on choosing the current estimates of Labor force, total"


Half of all of the work - not all of all of the work.


You are missing the implication in the equation that smaller projects/teams are more efficient.


Gotcha, Singleton sole proprietorships it is. Down with complexity, break up every business! /s


You're making a fine argument against optimizing for one variable. But that doesn't discredit the "law".


Is everyone on earth working on the same project?


> To think that employers are just randomly firing people for no reason has never struck me as being even remotely true

Have you only ever worked with reasonable management? The problem with quick to hire quick to fire is that eventually you might be quick to fire. I suspect you have a much higher level of security than most people to have quality of coworkers as a top priority!


Heck, there's companies where standard practice is "fire the lowest x% of workers on a regular basis". Doesn't even matter if they're doing a good job or not; just that someone else is doing a _better_ job.

Optimal strategy is to sabotage your coworkers in such an environment.


And don't forget that the percentages are not global, but in small buckets. This makes the worst performers extremely valuable, because not only you have someone to get rid of, but if they are bad enough, the rest of the team knows who will be laid off, so they can be far less tense.

It's also bad for the high performers, as working in the same team is bad: Having 3 great performers in a team means at least one, if not two are going to get a middling review. Everyone's behavior gets warped in ways that don't align well with what would be good for the company


And the problem with slow to hire, slow to fire is one day you might be incredibly slow to hire.

And overall if you're looking to be employed as much of your life as possible quick to hire/quick to fire is obviously better based on unemployment data.


The looser overall firing rules are, the harder it is for the union to protect members from e.g. firing for insisting on adherence to safety/security/contractual/employment policies/laws. Threat-of-firing-backed pressure on all those fronts is incredibly common outside companies with strong unions.


If they are meeting the metrics set to judge their performance how are they bad employees? If the metrics don't properly measure whether the job is being done then change the metrics.


> If the metrics don't properly measure whether the job is being done then change the metrics.

Nobody has ever come up with a good set of objective metrics to judge software engineer performance. So the best we have is still the subjective opinions of your managers and peers.


Like in the cases of US courts defining obscenity or fair use, there isn't necessarily a set of metrics which can be used to perfectly taxonomize something.

Imagine I sent a manuscript to a publishing house and they rejected it for being bad. I wouldn't expect they got to that conclusion by comparing it to a set of metrics, I would assume they have people in authority whose judgement is the decider on whether something is "good" or "bad".


The original comment was regarding employees currently being judged via metrics bringing up whether certain jobs can or cannot be judged using metrics is pointless.


Your analogy only works when applied to the hiring stage, as that is when the publishing house decides to work with you. If the publisher accepted your manuscript, assigned you an editor, gave you a target publish date, and gave you advance and then suddenly booted you and said “your work isn’t good” you’d have some questions, and rightly so.


This sort of thing happens all the time? Many manuscripts and screenplays are stillborn. Movies make it halfway through production before the plug is pulled. Software projects fail left and right, with millions of dollars spent (sometimes billions!)

Human endeavors sometimes fail to live up to expectations.


> If the metrics don't properly measure whether the job is being done then change the metrics.

For workers who work with their heads, "metrics" is a fantasy. How do you measure a better writer?


Well the comment I was responding to specifically called out employees meeting metrics and still not being considered good employees, so your point is a little moot to my comment but I will reapond anyways.

How do you measure a better writer? It depends on what the purpose of the writing is. If it is an author directly selling books then you measure by books sold. If it is an online publication you can conduct surveys to determine the impact of a particular writer on subscription or view rates. If it is a techincal writer doing product documentation you can measure based upon meeting schedule, number of defects and by conducting customer surveys.


There are no objective criteria as to what is "good" writing vs "bad" writing.

> If it is an author directly selling books then you measure by books sold.

This is a fairly lousy metric. It depends enormously on the marketing campaign and the ability of salesmen to sell it.

For example, I read an article about the author of the "Slow Horses" book. It languished for years selling at a rate that was indistinguishable from zero. Then some journalist read it, wrote a glowing review of it, and it took off. Now it's a best seller, with sequels, and a miniseries.


Good writing is writing that allows the publishing house to achieve their end goal and bad writing is that which doesn't. The end goal is the same as for other businesses to make money. If you don't sale books you are a bad writer for their purposes.


It is possible to both have some metrics and not have them be the only way you determine if an employee is doing a good job. Because some things can't be measured, and some can.


They meet these metrics while they are under formal process just before termination. I used to work with a couple people clearly working multiple jobs who switched focus when they were PIPed.


If they are refocused on their job and now meeting metrics why terminate them? People can become unfocused for a variety of reasons beyond working other jobs. Life happens. If they don't remain focused and again don't meet metrics they have already been given an opportunity and should then be terminated.


What metrics do you propose that aren't susceptible to Goodhart's law?


> To think that employers are just randomly firing people for no reason has never struck me as being even remotely true.

Of course not. They fire people with different taste in music, or who don't listen enthusiastically to their complaints about other people, or who refuse them sexual favours, or...


It's like the unpopular, friendless kids in high school, you just know. And there's nothing they can do to change it.


Less negativity and more listening by everyone can be a place to start.


I tried that with someone once, I got an enormous list of complaints about all the wrong things everyone else was doing wrong.

And utterly zero awareness of what they themselves were doing wrong.

Attempting to explain it to them was a complete failure.


It’s a fun challenge to try to enlighten them about how things can go wrong with their approach.


With what time?

Middle managers don’t suddenly get 28 hours in a day after someone offers this suggestion. Their schedules are already maxed out, so every extra minute of focused attention needed is literally coming from someone else’s (or some other department’s) budget.


And then they go on to be a (difficult to work with) 10× developer?

Instinctive social judgement definitely exists. Is it a good metric to find good employees? Dunno, maybe?


You can still be pro-worker even if you think sometimes a certain worker is bad, or hard to work with, or otherwise a "bad employee." It is more something political and something about how you view the world/humanity in general. It is not an "identity politics" where the discussion is around certain kinds of people or not. That would be kinda silly anyway on its face, we are virtually all workers!


>If you gave them some benchmark they would need to hit (e.g. close tickets, be on call, etc), they would be able to do so.

Isn't this just a sign of bad management? If employees are capable of doing the work when their job is on the line, it isn't a question of skill or ability. It is a failure of the company to properly motivate, challenge, and reward them for their work.


> Isn't this just a sign of bad management? If employees are capable of doing the work when their job is on the line

It’s HN. We’ve all been maliciously compliant. I can close tickets without solving any problems or be on call in the most useless ways imaginable just fine.


I just read that as "management has no idea how to evaluate the quality of work of their employees".

Either the company should be able to evaluate an employee's performance and therefore can show proof of poor performance or it can't properly evaluate an employee's performance and therefore shouldn't be firing people based off an admittedly inaccurate measure of performance.


> I just read that as "management has no idea how to evaluate the quality of work of their employees".

You probably couldn't explain how you walk, or how you cook an egg, or how you speak English, at the level of detail that would be required for something like this. Yet you do know how to do all those things.

Just because you can't write down detailed objective instructions for how to do something does not at all mean you have no idea how to do it.


So should we apply this logic to other areas where one person's "gut reactions" can have a huge negative effect on someone else's life?

Should we not require any due process under law, because the officer "just knew" that it was that brown guy who stole the bread?

What's being asked for is accountability for decisions that can literally result in someone ending up homeless—and that are hugely subject to bias, both conscious and unconscious, in a country that is currently riven by divisions of race, gender, sexuality, and class.


I would be very surprised if there is anyone who would become homeless if they were fired from their tech job at the New York Times.


> So should we apply this logic to other areas where one person's "gut reactions" can have a huge negative effect on someone else's life?

Maybe we're balancing the wrong side of the equation? Expanding teach-to-the-test across the economy strikes me as the wrong move.


> Should we not require any due process under law, because the officer "just knew" that it was that brown guy who stole the bread?

This is a bit fallacious and a false analogy. Due process under law exists because it's definable. We have standards for evidence, burden of proof, reasonable doubt, etc.

The challenges in cleanly defining what it means to be a "good employee" don't somehow mean other aspects of society that can be defined shouldn't be.


This assumes that evaluations can be neatly defined and tracked. There's another front page post right now about exactly this. The soft (often difficult to define/measure) skills required of a manager are the same skills that are required to make the decisions to fire people.

I think almost everyone has worked with someone who they know shouldn't be there, but they still are because they keep finding ways to technically meet the letter of the law when it comes to "performance". And yet they are clearly a huge anchor for the team, and everyone knows the team would be better off without them.

I wish we could perfectly evaluate what it means to be a good employee, and we could show the exact measurements used to do so. But this simply is not realistic, never has been, nor will it likely ever be. The spectrum of possible behaviors and the intricate interplay unique to various teams makes such a task impossible. I'm not saying an effort shouldn't be made, but that these decisions are often highly subjective, without much hope of arriving at something more objective.

I've worked at places that had stringent requirements for firing people. The net result was that good people all leave voluntarily instead of being stuck with the problem individuals, ultimately resulting in teams full of mediocre-to-awful teammates.

Managers can both know how to evaluate quality and fit while not having any hope of perfectly defining and documenting those evaluations. I'd rather work in an environment that has at-will employment with all of the downsides that come with that than a place that can't fire employees without spending a year creating a mountain of paperwork that ultimately doesn't get anyone much closer to the objectivity people are striving to achieve.


> but they still are because they keep finding ways to technically meet the letter of the law when it comes to "performance"

Remember that homework assignment or group project where you spent an inordinate amount of time and effort on not doing the work as intended in some silly way? This is the adult version of that.


I've found it amusing how some people will spend more effort pretending to work than actually doing the work.

The same with students who'd go to great lengths to cheat, rather than spend a few minutes learning the material.


Yup. And while it's cutesy when you do it when you're young and in school, it's really quite mystifying when someone with ample career choices does it at work.


I was going to reply with something like this, but you nailed it.


How are you going to accurately measure "your code is shit"? If it was that easy, it would be a standard git hook.


I've noticed it is entirely possible for code to be written that absolutely conforms with every good coding style rule, and is utter garbage (even if it works!).


Comically, the entire world basically has no idea how to evaluate the quality of management. Not with metrics, anyway. It's all vibes and guesswork, or else it's "data-driven" but transparently bullshit.


Good employees make the company successful in spite of bad management. If you don't want to do this, fine, find another company to work for where you do want to do this.


For white collar jobs management's job is to guide and mentor not babysit adults into doing a job they are paid a salary to do.


...crazy that pro-labor has gone for "reasonable wages and hours please" to "there cannot possibly be a lazy employee." Sure, sometimes there's a lousy manager or exec. But honestly people aren't expected to be particularly "motivated" beyond salary, incentive pay, etc. Like what do you want, the kindergarten-style pizza party tactics? The cringey corporate slogans? Are those actually motivating anyone? There are garbage managers who de-motivate people but that's something of a different problem and hits the whole team rather than just one person. When there's a bad, lazy employee, or when there's that one guy who's just a jerk, fire him. Contracts that say you can't do that are dumb, and they are bad for the majority of workers.


It's not "just asking for due process." Everyone has interacted with a government office with an absolutely worthless employee who is just sitting around counting down the days to retirement where they can continue getting taxpayer money for doing nothing. Just because there's a process to get rid of someone doesn't mean it will ever happen.

This is a ploy to make it harder to fire bad programmers. If I have to try to hit a deadline and my coworker is garbage, I want my boss to be able to fire them and start finding a replacement, not start a six month process of paperwork, meetings, and HR CYA bullshit with the sole purpose of avoiding some bogus NLRB complaint.


I read a statistic some years ago that public school teachers have the lowest rate of firing of any profession. The union has been successful in instituting a "process" for firing a teacher that is so onerous, time consuming, and complicated that it never happens.

The only way a teacher can get fired these days is for showing up drunk or high, or having relations with a student.

(And yes, in spite of this, there are some gems of teachers.)


> showing up drunk or high, or having relations with a student

having worked in a school district and staying in touch with colleagues afterward, I can honestly say that most people would be surprised at the number of teachers aren't fired for misconduct like that, particularly showing up drunk or high.

it seems that getting shuffled into an administrative role or a year of paid leave are the goto solutions whenever an incident can be handled quietly.

back in my grade school days, there was one teacher who would routinely lose her shit and scream at people.

when it inevitably escalated beyond that (usually throwing objects.. chalkboard erasers, garbage cans, even the occasional chair), she would simply end up teaching at a different school in the same district.

they managed to keep that game going for over twenty years.


I suppose it's worse than I thought!

I read that teachers are fired at a lesser rate than doctors having their medical license revoked.


There are multiple unions involved with teaching, depending on the state, not just one national one (the NEA or what have you). In some states teachers unions are effectively toothless and aren't even part of the contract negotiation process.

This should make it pretty easy to see how union strength affects firing rates (no, I don't happen to have the data on hand). IME schools tend to avoid firing teachers even when they easily could, in favor of pushing them out, because they don't want the bad press from a firing, so my guess is firing rates for teachers are low everywhere.

We might further hope to see whether union strength affects education quality, but there are too many confounders—the states with weak teachers unions tend to be red states and to have weak economies, either or both of which may have stronger effects on educational outcomes than union activity. But, on the specific question of the effect of teachers unions on teacher firing rates, we can maybe get something like a useful experiment out of these state-by-state differences.


What would you suggest is the reason for extremely low firing rates for union teachers?


“Union teacher” isn’t the distinction, as unions also provide useful professional insurance even in states where they do practically nothing when it comes to employer/employee relations, so many teachers are still members. Do states with strong teachers unions have lower firing rates than those where the unions do almost nothing? I’m saying we may have to look elsewhere for the explanation, if the firing rate in states with nearly-useless teachers unions aren’t closer to where you think they should be.

I’d guess the rates remain low even with weak unions because schools are piss-pants scared of bad publicity, due to the public’s role in (indirectly) hiring and firing the top of their pyramid, and in allocating funding. But maybe I’m wrong and rates of firing are closer to whatever you consider a desirable rate, in states with weak unions. I did go looking, but couldn’t find datasets tackling that in particular. Frustrating, because with that we could get at least a strong hint of the actual effect of unions on this specific thing.


> Everyone has interacted with a government office with an absolutely worthless employee who is just sitting around counting down the days to retirement where they can continue getting taxpayer money for doing nothing.

Everyone who has interacted with a large company has met a more highly-paid negative-productivity employee than even the worst government worker.

> Just because there's a process to get rid of someone doesn't mean it will ever happen.

If managers aren't competent or motivated enough to follow a process, I sure as hell don't want those same managers firing people just on their say-so.

> This is a ploy to make it harder to fire bad programmers.

No, this is about making it harder for management to fire programmers who do pesky things like informing other employees of their rights, or refusing to work unpaid hours.


> If I have to try to hit a deadline and my coworker is garbage, I want my boss to be able to fire them and start finding a replacement

It appears we have stopped teaching Mythical Man Month in university.


An inexperienced good employee will slow you down far less than an experienced bad one.


>Everyone has interacted with a government office with an absolutely worthless employee who is just sitting around counting down the days to retirement

This is not because "it's hard to fire government workers" as often stated, but simply because government runs on a shoestring budget and cannot hire only good people.

Also because a shocking amount of people working in local government didn't realize Ron Swanson was a fucking satire character.


> No, I want management to develop a system to determine who is low-performing

The system here is going to be something like LoC or tickets answered, things that are objective and easy to measure. We know these don't reflect real productivity, but because they are objective, that's what will be used in promotion and firing decisions. Anything subjective, even if it's the opinions of peers or experts, will be contestable in due process hearings, creating risk for the employer, and will be deemphasized or eliminated. One reason why the US government and European software companies are relatively uncompetitive in hiring is because of the difficulties created by due process in firing bad employees and promoting good ones.


> We know these don't reflect real productivity

Mild issue with this. Mostly, cause it's a one size fits all. There's a certain kind of productivity worker that actually responds relatively well to that type of metric. That vagueness results in stagnation and analysis paralysis.

Those workers tend to actually respond better to what the game community almost considers the grind mindset. Give us a well defined hallway, with well defined tasks, and then we'll walk down the well defined hallway. It may not be "super creative" productivity, yet it's a "form" or "type" of productivity.

Part of the issue also, is a lot of the time, people seem to always want to be the Einstein of the company, and nobody really wants to deal with the day-to-day shit. It's simply not status enough, or management visible enough, or high-level content enough, or similar.


That might by what YOU want or what you hallucinate the demand is but most reasonable interpretation of what we know is that they in fact want to prevent being fired for low performance.

if you can be fired "only for misconduct" and low performance doesn't count as misconduct means that you cannot be fired for low performance.

Granted, the actual demand might be more nuanced but going only by what was reported, they don't want to be fired for low performance.


No, what's reported is that the tech workers are asking for a "just cause" provision. This is a well-established legal concept that explicitly includes what GP posted. The reporting you're reading that fails to mention this happens to be from the New York Times. Can you guess why they don't mention this?


In theory that's how it works. In practice the amount of documentation is onerous enough most managers just decide it's not worth the effort.


Seems like those managers should be replaced with ones willing to properly do their job.


Hello from Europe. Tried that, didn't work.

It's incredibly hard to quantify "low-performing" for white-collar workers, because any measure is either easily gamed, actually creates roadblocks and bad incentives, or both.

Now companies are wary of hiring people because it's harder to fire.


> companies are wary of hiring people because it's harder to fire

This is another one of those obvious "unintended" consequences. The harder it is to fire someone, the correspondingly harder it will be to get hired. Companies will be unwilling to "take a chance" on someone.


That is why trial periods exist, with much more flexible firing/resigning terms.


On the hiring side, I felt US and Asian companies were a lot more wary and had tougher "on the paper" requirements to enter.

For comparison most French companies I've seen can hire an engineer within 3 interviews. I entered a company in the past in a single interview.

In comparison talking with an US company's HR, the plan was 4 rounds with a coding test, for an average of about a month to go through the whole process and there's still a probation period.


Requiring management to document these decisions is already itself placing low trust in management. I do not want to work at any workplace where trust in management is so low that low performance needs to be documented with a paper trail. I'd rather work at a workplace where the management is consistently competent and people place high trust in the management; so that when management fires someone everyone else agrees without having a need for documentation to prove low performance.

Disclaimer: this is only my opinion on where to work. I'm fully aware there are many other good reasons why management needs to document low performance.


I'm genuinely curious, are there any employees that work with a company that has good managers? I have heard so many bad stories of poisonous corporate culture its hard for me to see how there would be good managers. I haven't worked as an employee since the early 2000's.


I worked lots of places. Never worked for a manager I didn't trust to fire me.

Most managers are pretty good but organizing lots of a people is really hard. And there is something like a leaky abstraction for every level of the organization as goals and context and understanding get filtered and warped as information travels up and down the org chart. You're manager is your closely interface to the insanity of distributed human decision making, so they usually are seen as bad and are blamed for all of the dysfunction of the organization when they're trying to make the best of an imperfect situation.


Nearly all the managers I’ve had throughout my career have been good. Of course people in a bad situation are more likely to complain about it, so the impression you might get from reading a forum like this is heavily biased.


Most NYT-sized companies won't let you deploy a bugfix without a documented rationale and a second person's signoff. It's far from an unreasonable requirement for firing someone.


the problem is, god forbid that worker is a protected class, or else you’re facing a 5-20 million dollar employment practices claim


I have never seen such a system that I thought worked or wasn't just gamed into uselessness.

Do you have any examples of systems that worked well?


> It's just asking for due process.

The problem with that is it's a subjective decision, not an objective one.

In every workplace I've been in, it was obvious to everyone who the low performers were. But it's nearly impossible to prove it.

Even if they could document it, it would take a year to document it, costing the company another $100,000 just to replace them.


> I want management to develop a system to determine who is low-performing

You're asking them to solve a problem people have been working on for decades without success. How can they measure productivity of tech workers?


> I want management to develop a system to determine who is low-performing

Nobody has ever invented a working system for objectively rating software engineers. I really doubt NYT will be the ones to do so!


Due process from a union definition is often ridiculous and protects the members beyond what a reasonable customer/employer should expect.


Amazing. That's what negotiating is for. The union gives the maximal version of what they want, the bosses counter, everybody celebrates the results.


Except there are people who are extremely good at passive-aggressively dragging their feet specifically such that it's hard to quantify. Metrics are entirely gameable and people know this. In development, this could be the guy who always somehow grabs the easy tickets then says "Hey I closed like 3 tickets yesterday I'm performing." Or he consistently overestimates his stuff - how much time should a busy manager spend assigning everyone's story points just in case they have to build a case to fire someone later?

There are also people who are technically performing but in practice but are jerks. And please don't start with "that's what HR is for" because I have never - not once - seen HR solve, or even significantly help, this sort of problem. Plus everybody hates dealing with them.

Just let people fire lousy workers man. This isn't that hard. Or, employees should push for employment contracts where the commitment is reciprocal: employers promise to keep them on for a few years and they promise to stay on for a few years.


What makes you think they don’t have that?


Because the union is striking over it


That conclusion does not explain your arguments. The place is over 100 years old and surely have HR processes. This is more likely about the union trying to prevent layoffs


Isn't employment in the US At-Will anyways?


Yes in absence of an employment contract that says otherwise. One of the primary objectives of any US union is to establish guidelines for dismissal of employee members that override at-will.


Low performance is an example of just cause. The employer simply has to prove that this was the case, and that they gave the employee notice, a chance to improve, and a reasonable standard to reach.


Problem is that require the employer to define what an acceptable level of performance is, and that's notoriously difficult

So instead the choices tend to drift to "fire them on the manager's whim" or "practically impossible to get rid of short of murder"


Who says it's notoriously difficult? I've worked many places with clear processes for identifying and resolving poor performance issues (firing being one possible resolution).

That sounds like just your experience


It's massively common, factors into the whole office/home debates that have been raging for 4 years

https://www.apqc.org/blog/better-measurement-knowledge-worke...

The crux of growth in knowledge workers is that our current norms of measurement and productivity were developed in a manufacturing or manual task-oriented mindset. According to Peter Drucker, productivity for knowledge workers needs a different set of considerations

https://www.cipd.org/globalassets/media/knowledge/knowledge-...

While in manual work the targets and outputs are usually clear, knowledge work and its results are less tangible, and therefore harder to define, measure and evaluate

https://trepo.tuni.fi/bitstream/handle/10024/114586/palvalin...

Drucker (1999) has even stated that knowledge worker productivity is the biggest challenge for modern work life. Other researchers have also discovered that the performance of an individual knowledge worker is the most important factor for organisational success... The need for general performance measurement is great as the theme is still quite new and there are very few previous studies measuring the effectiveness of NewWoW practices. There is also a need for practical tools for analysing and managing the performance of knowledge work from the NewWoW perspective. Organisations are still planning and making NewWoW changes, without clear evidence of their benefits and without any measurement information


> Other researchers have also discovered that the performance of an individual knowledge worker is the most important factor for organisational success...

Great, which means we have a way to measure individual performance with respect to what matters (organizational success). So what's the problem?


No it doesn't, it means we need a reliable way to do it

> Organisations are still planning and making NewWoW changes, without clear evidence of their benefits and without any measurement information


We have a reliable way to do it: The same way the researchers did when they showed that performance is the most important factor for organizational success. If your knowledge workers measure the same way the workers did in that research, you're golden.

Unless you question the validity of the research? But if that's the case, why did you mention it as being significant in the first place?


> factors into the whole office/home debates that have been raging for 4 years

Can you expand on that?


Some claim that people are just as effective, or more effective, working at home. Others claim the same but from the office.

Clearly if it was possible to measure effectiveness unambiguously this wouldn't be a debate.


If those are literally the only choices, then I vote for "practically impossible to get rid of."

But I think this is a bit of hyperbole - some kind of ongoing, documented low performance seems obviously better than just letting managers fire on a whim.


I agree, that's the european approach.


And how is Europe doing in tech?


why are tech workers, my industry, so committed to this ideology? Do you think the tech layoffs of the last few years was a justified culling of lazy idiots?


I'm old enough to remember a time when people in tech were called 'wizards' and there was an air of mystery that surrounded the industry. A large subset of this group really seems to have bought into the idea that working in tech makes you 'special'. It does not. It's a skilled profession that is trainable and attainable by large swaths of the population. Working in tech does not make you special (Yes - you) and the tech industry is well overdue for quality of life improvements that other, organized, sectors have had for decades.


Back in 1978, when I worked as an electronics assembly technician, the company (Aph) decided to take us to a local electronics convention in Los Angeles. We showed up and got in line to get our steenkin' badges. I was in front, and was asked what my job title was.

As I was soldering boards together, I said "gnome". The clerk laughed, and said "no, seriously". I said "seriously, gnome". We argued a bit, and he capitulated, saying I was going to be sorry. The Aph guy behind me heard the debate, and asked for "wizard" as his job title. And so forth for all the employees. I think the owner of Aph asked for "grand wizard" or something like that.

Wandering around the convention floor, people would read our badges and laugh. It was all great fun.

After that, such job titles appeared on business cards, convention badges, etc.

I flatter myself in suspecting that it was I who started it!


When I was at Apple (before Steve returned, when it was going out of business), the employees got to pick their titles. Most were approved, but one woman wanted to be "Madonna of the File System", I think that was not. She did, however, know that code inside and out and deserved to get it.


I suppose picking "CEO" would be rejected as well? :-)

I was once interviewed for a job by the CEO. He asked me where I saw myself in 5 years. I said "CEO".

I got a "no hire".


Have you found the things you say to actually be true?

I've worked with people that were passionate about the art their entire life , and I've worked with on-job trained people in equivalent positions -- the difference in code quality/structure/logic is pretty telling between the two camps.

It certainly makes one think that either the skill set is 'special', or that we're really in the experimental trial phase of learning how to teach it to those otherwise uninterested.


I think people who entered the industry before 2010 (maybe even later) don't understand the current reality.

Previously, you were probably a dork in high school and mostly self taught for the love of technology. You might have gone through a prestigious academic CS program and cultivated a sense of superiority over the humanities and biz school kids. Outsourcing / off shoring was a thing but you had the innate protection of skin color and acculturation.

Today it's just another thing some people study because that's where the jobs are.


> "trainable and attainable by large swaths of the population"

Bold assertions requires evidence.

I mean sure we are not "wizards" , but I highly doubt "large swaths of population " can qualify to work in tech as you claim.

Tech remains be a highly desirable position specifically because it's difficult for an average person to fully grasp it. CS has one of the highest drop rates compared to other fields because people fundamentally have a hard time comprehending systems.

I never understand why our profession actively tries to undermine its own status compared to other fields. You never hear Lawyers going around telling people their profession is pointless and any average Joe can master it by taking a 6 week boot camp course.. or that they are "overpaid" for sending a single letter via email.

My pet theory is that the underlying nerd culture enables this due to our insecurities.

I bet this is also why we are not taken very seriously and lack accountability.


yes mostly, i worked with many lazy idiots, who undeservedly made millions while our clients and customers suffered


That's not how it went for us. I would have chosen a very different set of people to sack.

Unfortunately I think those types of layoffs are separate from "firing" and probably not covered by these terms.


what do you think their opinions of you were?


a junior who was dumb enough to actually do work


Honestly yes. I've been interviewing people that have gotten laid off and almost 75% of the time I'm thinking that they were probably chosen for layoffs due to low performance


> I've been interviewing people that have gotten laid off and almost 75% of the time I'm thinking that they were probably chosen for layoffs due to low performance

The people interviewing with you might be a biased subset of those that were laid off. I don’t mean anything about your company, which could be great or terrible, I have no idea. But I would expect the best performers to get new positions quickly through their networks and connections. You would not see these people replying to random offers, but it does not mean that they were not high-performers who were laid off.


> The people interviewing with you might be a biased subset of those that were laid off.

I suspect this to be very likely the case but I don't think it changes anything here. If we laid off people that were high performers and they got taken up in the job market quickly that means things are still healthy and we are still giving jobs to people that deserve jobs. A net neutral effect on the system as a whole.

The stragglers that can't find new jobs because they were laid off for low performance AND also are low performing interviewers are not useful to the system. Now they just kind of eat up some interviewing productivity but thats probably a net-positive for the entire job market as a whole.


I think almost by definition a layoff is to remove redundant/bottom performers to keep the machine clean and lean, that’s capitalism for ya


The reason given is usually to cut costs, because the company claims to lack the cashflow or income to pay them. If the company can't afford it or doesn't believe they need it, they cut meat and bone and not just fat.

Look at the news organizations laying off reporters in large numbers. The news organizations' product suffers considerably.


Most of the anti-union tech workers I've encountered over my career have vastly overestimated their abilities and value to the workforce. Their willingness to suffer abuse from employers (while taking pride in their refusal to establish boundaries) makes working conditions worse for all of us.


Most of the pro-union tech workers I know have never been forced to join a corrupt union that does nothing to help them while keeping the good old boys who contribute little to the company employed. Many tech workers are paid in stock so theres tons of incentive to get rid of low performers.


Sounds like a best of both worlds scenario. The overconfident tech bros can get to work "disrupting" unions and re-learning the same lessons.


The most aggressive I've seen advocating against unions are not ICs anymore and often are a part of management/capital.


Someone could be pro-union and still not support that clause.


If the alternative is to be under constant existential threat of being laid off... I could see is as the lesser evil. IMO, recent events are the reason for this item being included.


A sensible person would not have their finances stretched so thin that they cannot deal with an interruption in their employment. I.e. one should be setting aside at least 10% of their income.

I worked for a company once that was doing poorly, and management decided to do an across-the-board 10% pay cut. One of my coworkers was livid with rage. I asked him why didn't he just quit and get another job? He said he didn't have any savings at all, and bills to pay. He had a mcmansion with expensive new furniture, new cars for himself and his wife, and expensive clothes. He had forged the chain connecting him to his desk - not the company's fault.


Savings don't protect you from the stress unless you've saved enough to retire. Savings provides a buffer of time you get to find another job, but you still have to find (and land) that job. Given how f'd-up tech hiring is and the current job market that might not be as easy as it sounds... So I can understand why people want to avoid that level of stress and the compromises they will make to do that.


Having savings to give you a buffer of time is much less stressful than no savings.


No doubt it is way less stressful... going from "I'm going to need to have an accident so my family can live off my life insurance" to "I need to see a doctor about all this ulcer". But you'd still rather not have the ulcer.


If people don't have stress in their lives, they'll invent it.

For example, my dad survived 32 missions over Germany. His group had 80% casualties. He had resigned himself to inevitable death. When he arrived home, he was amused by the trivial things people were stressed about. After all, they would survive to the next morning.

Thereafter, whenever he felt down, he'd think about what a golden opportunity he had to live, that his buddies did not have.

This morning, it was rainy and gloomy. In the afternoon, the sun came out and lit up the wet trees. It was spectacular. What a fine day to be alive.


Ages ago, I spoke with someone who had experience doing union organizing in the steel industry about why tech workers didn't unionize.

I told him that the first step would be for tech workers to stop thinking that their greatest competition is other tech workers.

(Flip the question: "If your coworkers are low-performing but the union prevents the company from firing them, why don't you just go form your own company with your three closest buddies and compete? That's the dream, right?")


How about you open a new company with your low performing buddies and form union with them elsewhere? Fields where skill disparity is extreme, only low performing leeches or lazy ones want union so they can leech off of colleagues who do real work.


Given that over half of startups fail, I believe the case could be made that people do what you've described all the time.


Bc management never abuses the optics to force out people that they dont like, vs someone productive, ever.


Usually they don't like someone because they are poor performers. As a person who has owned a business with employees, you naturally like the ones that are making you money. In fact, I'd put up with a whole lot of things I don't like if they make money for me.

As a manager, I'd naturally want to retain the people who made me look good to my manager, regardless of my personal feelings.

Having a personal vendetta against particular employees has never happened in my experience, though it's been alleged a lot.


And the alternative is a lower barrier for abuse


Seems like a hiring problem, not a firing problem.


Hiring consistently high performing employees is not a solved problem.

Making it hard to fire low performers results in low performing teams, and there are no reliable solutions to this.


One wonders if it is not solved simply because of at will employlemt? Almost like firms are lazy, and unwilling to go beyond the bare minumum required by law.


If you ever went through interview loop at Google or a similar company, I doubt you would call those companies "lazy" wrt. hiring.

An interview is at least 4 people, each grilling you for an hour, asking hard questions.

Their hiring bar is high and they optimize for avoiding bad hires (which of course is pissing off the commenters who want to be hired and therefore would prefer lower hiring standard).

In Europe they make it harder to fire people and guess what happened?

First, companies have probatory period (2-6 months, depending on the country) where you're hired but can be fired at will. This is to minimize chances of being stuck with a poor performer.

Second, EU economy is about the size of US and China but software industry (and the tax / employment riches associated with it) is largely in US Chine. Might be a coincidence but I think there's causality between over-regulation and stagnation of the economy.


There's also the confounding factor that software engineers, historically, were more in demand as a baseline, so in an environment where you think you can get a job if you're fired, people optimize more for higher risk/higher reward plays, while having job security improvements much more heavily benefits industries where you're seen as more disposable.

With the endless seas of SWE layoffs, we'll see if that behavior continues.


I wonder if there is causality between "over"-regulation and life expectancy and quality of life too.

What good is a growing economy when your country's people are living shorter, unhappier lives?


The size of the economy very directly impacts people's quality of life.


I agree, but not necessarily at fostering happiness!

Look at the countries that are generally regarded as happiest: are their economies the biggest?


> Look at the countries that are generally regarded as happiest: are their economies the biggest?

Assuming when you say "biggest" you mean per capita... yes. Obviously it's not the only factor, but generally I think it's generally accepted that people in rich countries are better off than people in poor countries.


"size of the economy": Do you mean total GDP, or GDP per capita?


Per capita


Why is your original comment downvoted? It makes no sense to me. This is simply common sense. Most of the very high quality places to live are also wealthy, highly developed countries.


No idea. I try not to worry about downvotes on this site.


> One wonders if it is not solved simply because of at will employlemt?

It's also not a solved problem in countries where at-will employment is not the norm.


There's nothing stopping someone from performing well at interviews then stop performing once they get hired and have the job secured.


Moral obligations, a sense of pride in ones work, ethical worldview...thats just off the top of my head.

It seems if the problem you allege were true at scale, the entire labor force is sitting around doing nothing.

Are you really claiming that the only reason all (tech) employees do their job is just to avoid firing? How do you operate in a zero-trust life?


I have lots of experience hiring tech people. Most of the time they turn out to be just as good as we thought they would be. But sometimes they don't. It would be terrible if it was impossible for us to let those people go.


It would be terrible if it was impossible for us to let those people go.

About half the people on this thread seem to be misreading that sentence.

It's very clear that "just cause" includes cases of low performance. So no, it's not about making it impossible to fire these people.


also isn't that why trial periods exist? as in you have 3 month or so to change your mind after hiring someone/taking a job if it turns out to be a bad fit, for whatever reason, at either employer or employees initiative?


It would be terrible for businesses to fire people arbitrarily. I'd rather give more rights to individuals than to businesses, because I am biased in an anti-business way: businesses arent bounded by human lifespans or biological constraints, get preferential treatment by the American legal system, have orders of magnitude more money and political power than individuals. It's almost like the USA fought a war and chartered individual rights in a document over this kind of shit, but never imagined businesses would be more encompassing than governments.


Would it be terrible if employees could fire their employers arbitrarily?

Both parties have freedom in this arrangement, but we can find examples of both employees and employers with weak negotiating positions. I don't think that invalidates the benefits of freedoms of association.

To your point about business being bound by constraints, they absolutely are bound by the niche they operate in. As markets change, world events unfold, competitors appear, decisions are made, companies can struggle and fail, yet are typically unable to pivot.

Consider a company that makes ICE cars that can't follow the market into making EVs. Or a company that has never had competition might be in the stranglehold of "this is the way we've always done it" when a fierce competitor emerges, and won't adapt.

True, most employees typically don't have equity (so they don't share in all the upside), but they also aren't married to the company when it looks like a supertanker headed for an inevitable collision with a bridge (getting wiped out on the downside).


>Would it be terrible if employees could fire their employers arbitrarily?

Yes.


Off-shoring is already very prevalent in US tech work. So there certainly needs to be a balance in workers rights and business interest if those jobs are going to stay domestic. In general I agree with your perspective. But there is a harsh alternative reality that we're going to continue to face in the tech workforce.


To be clear, in many countries with stronger labour laws, "just cause" employment is the national standard -- a requirement. As I understand, the US has many laws that protect again discrimination (hiring and firing), but very few laws that protect all workers from arbitrary layoffs. (Companies can hire and fire as they please with very few severance requirements.) In practice, when you want to layoff low performing workers in places with stronger labour laws, you need to offer large enough severance for them to voluntarily resign. Depending on the country, culture, seniority, and industry, this can be anywhere from 3 to 24 months. Yes, there is a huge variance.

One thing that I don't see being discussed here: If you add "just cause" to your employment contract, you are pretty much trading away future pay raises for security. That is fine, but it needs to be said out loud.

Lastly: I never heard the term "just cause" before this HN discussion. It sounds like a US-specific term. I learned more about it on Wiki here: https://en.wikipedia.org/wiki/Just_cause_(employment_law)


I hear a lot of anti-worker propaganda like this and it baffles me.

I live in the Netherlands where these types of worker protections are enshrined in law, and I don't think I've ever encountered this boogeyman of the super low performing coworker that somehow ruins things for everyone else. News flash, low performance is still a valid reason for dismissal, it just has to actually be backed up by proof rather than being done on a whim because some manager has a vendetta.

Also, I don't give a shit how low performance my colleagues are as long as the useless managerial class exists. The laziest and most worthless people I've ever interacted with were always managers or manager-adjacent, never a regular employee.


As a sometimes-engineer, sometimes-manager in mostly multinational tech, this doesn't reflect my experience at all.

I've worked with plenty of low performing ICs (as both peer and manager), and the trends are clear:

* companies that don't do, or don't do sufficient, technical interviewing

* employees with heavy worker protections, like in Germany.

I've also worked with fantastic German colleagues btw. But one reason they tended to get paid so much less is that they came with much, much higher risk, as they were essentially un-fireable. Even with imminently clear under performance you're looking at a year of PIPs, paperwork, and CYA bureaucracy.

Personally, I've found it more fulfilling to work in at-will places, for much higher wages, with more uniformly excellent colleagues. There's a reason so many of the best software engineers in the world make their way to the US.


As if only low-performing coworkers would be terminated.

The total freedom of the company to terminate anyone any time for any reason or no reason is extreme, and now we are pivoting to the other extreme. Funny how that happens.


Why is that extreme? If you own a company, why shouldn't you be able to fire someone at any time? If you work a job, why shouldn't you be able to quit at any time?

I don't think it's great that our society tries to treat work like it's family, and jobs like they're some guaranteed long-term relationship. It sets people up with the wrong expectations.

Your company will lay you off or fire you once they run out of money to pay you or reason to keep you on board. That's how it works. Just as you will quit your job and take a new one if you interview and get a better offer elsewhere.

These are business contracts.


>If you own a company, why shouldn't you be able to fire someone at any time?

If you're a worker, why shouldn't you be able to band together with your fellow workers to not allow this?


For the same reason companies shouldn't be able to band together with other companies to not allow raises. They're anti-competitive practices, which eats away at the entire point of having a market, which is for competition to force parties to offer better prices, bid higher amounts, and produce better products/services, which benefits everyone. For example:

- Landlords should not be able to collude to keep rent prices high. They should be forced to compete against each other, either by offering lower rent or better premises and services to tenants. The result is that over time, society gets better and better places to live, that are nicer, updated, and safer, at cheaper prices.

- Healthcare providers shouldn't be allowed to collude to set uniform prices for services. They should have to compete on price, quality of care, or access to treatments, ensuring patients can choose better or more affordable options. The result is that more and more people can afford healthcare services, which themselves become increasingly effective over time.

- Internet service providers shouldn't be able to divide territories or coordinate to prevent competition in specific regions. They should have to compete, driving down prices or increasing service quality for consumers.

- Software companies shouldn't agree to not hire each other's employees to keep wages low. This prevents employees from negotiating higher salaries and better benefits, hurting workforce dynamism and innovation.

Etc.

Capitalism is simply a collection of laws and regulations that blocks all means of profit other than simply offering a better deal or better services. The goal is for those to be the only real ways to profit. The side effect of workers and companies all competing to do this in order to profit is that society benefits by having a ton of innovation to make better and better things, at cheaper and cheaper prices. Which is the central reason why, today, the average person can have a cell phone, a TV, the internet, amazing healthcare treatments, and an almost infinite array of options for clothing, food, entertainment, etc.

Allowing people to profit in ways that disrupt competition gunks up the entire functioning of the market. Maybe you get some short-term benefit, but ultimately you end up with a system that doesn't create nearly as much wealth and prosperity. Because why go through the trouble to create great things for your customers (as a company), your employers (as an employee), or your employees (as an employer) if you can instead benefit by simply banding together with others and colluding, or monopolizing some essential resource, or fixing prices, etc.


> If you own a company, why shouldn't you be able to fire someone at any time?

Because that is bad for the individual worker. We live in a society, and society should look out for humans before corporations.


I recommend you travel to LATAM or EMEA, where worker protections are much higher. No one gets fired because protections are so high. At-will is unheard of [1]. In some countries, there's a mandatory X months of salary for Y months worked. The regulation of the labor market, however, is strict and inflexible [2], and all LATAM jurisdictions impose mandatory severance pay for wrongful terminations.[2]

What are the results of worker protections mentioned above ? Literally no jobs with protections. See for yourself. LATAM has an average of ~65% informal employment. Take Argentina for example. Close to 50% of the labor market are under-the-table "jobs" for this reason.[3]. Even more developed countries suffer the consequences , such as UK having 24% informal sector [4]

All those governments intended to look out for humans before corporations. It didn't work out that way. The road to poverty is paved with good intentions.

US dynamism actually creates more jobs as more are willing to try new things and experiment.

Yes, you can protect workers, very very well. But only if you are OK with a tiny amount of protected workers, and let everyone else toil in the informal sector where zero protections exist

[1] https://goglobal.com/blog/from-legal-protocols-to-cultural-n...

[2] https://www.acc.com/sites/default/files/resources/vl/public/...

[3] https://www.statista.com/statistics/1037216/informal-employm...

[4] https://ilostat.ilo.org/topics/informality/


From your own source: UK's informal employment rate? 6.5%, not 24%. Ireland? 1.8%. Germany: 2.5%. Norway: 2%. Many EU countries have strong labor protections alongside low informality and high employment. While labor protections pose challenges, they do not inherently lead to high informality or low job creation. Effective policy design and enforcement are key to achieving economic stability with strong worker rights.

I'm not surprised, on a startup-angled site, that there'd be dissatisfaction with not being able to hire and fire at will. COVID had employees re-assess what was important for them. Tangentially, now we're seeing that shorter working weeks results in higher employee productivity and satisfaction.[1]

Having job security, when you've taken on long-term commitments like a mortgage and raising kids, is considered important in many parts of the world. The EU isn't SV; for employees that's probably a good thing.

[1]: https://www.weforum.org/stories/2023/10/surprising-benefits-...


>>>I'm not surprised, on a startup-angled site, that there'd be dissatisfaction with not being able to hire and fire at will

Its not just startups. The chickens always come home to roost.

Lets go into COVID since it is a wonderful example. Employers in Ecuador dealt with minimum wage protections well outpacing productivity growth precovid, doubling the cost of protections relative to Colombia and 75 percent higher than in Peru [1] . Then COVID hit. The central government had no choice but to temporarily rescind the rules of strict protections under "force majeure". This eliminated all severance payments to employees under 'force majeure'. [2]

What happened?

A bunch of low performers who had built a decade or more in 1 job, got unexpectedly laid off, despite working in perfectly operating businesses with no risk of bankruptcy (AG, export adjacent etc) Then, with zero marketable skills from a decade of non-work, these workers are chronically unemployable now. [3]

PS - Regarding the UK number cited, which some people felt very strongly about.. I made a mistake and quoted the wrong year. I can't edit my comment any longer [4]

[1] https://www.elibrary.imf.org/downloadpdf/journals/002/2021/2... see page 11, section 1.

[2] https://www.loc.gov/item/global-legal-monitor/2020-09-21/ecu...

[3] https://www.elibrary.imf.org/downloadpdf/journals/002/2021/2... , see page 13, section 6 ("the recovery has been very partially among the less educated (persons with basic education or less) ....'they exited' the labor force in larger numbers from the crisis onset")

[4] The number is available in https://en.wikipedia.org/wiki/List_of_countries_by_share_of_...


Why are you now talking about Ecuador and COVID? And you haven't addressed the UK link where you say 24% but it's 6.5%. Makes the rest of what you blather more untrustworthy than it was


I work in the EU, and I'd rather see the American "at-will" system, but with a basic income + additional financial distress protections.

It is IMO ridiculous that in a lot of EU countries, chronic low performance is not just cause for firing.

It makes economical sense to reduce the friction of allocating workers where they'll be most productive. It just shouldn't destroy those workers' financial security.


I'd argue the main reason low performance employees don't get fired is because managers either don't know who the low performers are, or don't want to have an unpleasant conversation and can choose to put it off indefinitely.


[flagged]


> You think LATAM is in poverty because of their worker protections? Not the decades of western exploitation of their natural resources? Not the decades of American interference in their political systems to destabilize their government? Sure.

No, countries regularly go from poverty to wealth quickly. It's purely cultural which is upstream from policy.


It's not black and white. It's a sliding scale. Society already does a ton to look out for the individual worker. It's more a question of where things should fall on that scale.

Coddling workers by expecting corporations to basically act as their family, their parents, their financial planners, their healthcare providers, etc., is terrible.

We should not be telling people to expect any particular corporation to provide them a livelihood indefinitely, when it's a simple fact that corporations cannot do that. They can afford to pay you when it's profitable for them to do so, and that's it. That's the deal. Period.

I'm all for taking care of people. That's what our government should do itself. We should not be placing that role on corporations. And we should not be telling people to expect that their jobs will last forever and they can't be fired. We should instead tell people to maintain their skillsets, maintain their savings, and live within their means, so they can weather inevitable job changes. That's what caring for people actually looks like.


> Because that is bad for the individual worker.

Not necessarily. Sure it is better if every other factor is held equal, but it's not: everyone benefits from living in a more highly economically developed society where industry is more successful. So you have to weigh pro-worker concerns against these other benefits.

If your argument were valid then its logical conclusion would be that all profit from the business has to distributed to the employees (as in most traditional strains of far-left thought). In practice systems like that have major flaws.


When your company gets even a little big, the decision making process gets filtered through sufficient levels of management that it's not the company owner firing people at any time: It's an employee who doesn't necessarily have to be aligned at all with what is good for the company that is firing people at any time.

Eventually you learn that one of your middle managers managed to fire someone for some reason that is illegal, or is related to some kind of crime, and guess what? It seeps upward, and your company is in the wrong.

A process doesn't just protect the employee, it protects you from the iffy middle management that, without exception, gets in. And the more freedom you give them, the worse the behavior.


>"These are business contracts."

I would agree with this but if that's the case why employees are not given the same perks as companies from a tax point of view? My personal preference is to treat every human as a business. The alternative would be to eliminate all taxes except sales tax with some cutoff for low income persons.


You're asking why it's bad that your owners can take away your livelihood on a whim without any reason?


Can an employee quit on a whim without any reason, taking vital functions away from the productive team on which they served?


> taking vital functions away

It's business's responsibility to not depend on a single employee. The employee might have been hit by a bus.


Yes, and it's an employee's responsibility to not depend on a single job, and to be prepared for the possibility that it might go away. That's the mindset we should be teaching people, because it's REALITY.

Plenty of people are aware of this, and they navigate this successfully by saving part of their income, by maintaining an employable skillset, and by living within their means, while working a job.

When you suggest to people that it's their company's responsibility to take care of them, to guarantee their job into their future, or to look out for their personal financial livelihood, that IS NOT REALITY. That's not how it works. You're telling people that their own responsibilities are someone else's, when that's not in fact true. When people mistakenly believe this drivel, they're far more likely to take bad risks and make huge financial mistakes.


Employers employ many people at once. The risk of a bad employee is divided by the entire workforce.

Employees, on the other hand, put all their eggs into one basket at a time. Many (most?) employers specifically forbid moonlighting and working multiple full-time jobs at once, so employees are forced to depend on a single job at a time. The risk of having a bad employer is shouldered 100% by the employee.

It's this power dynamic that justifies different standards for employers and employees.


There is not some guaranteed power dynamic.

Business is not all huge companies with infinite redundancy. There are 30M small businesses in America that employ 60M people. For the vast majority of businesses and teams, losing an employee hurts, and employees have lots of leverage. These business owners have to do the work to ensure redundancy, to plan their budgets and products and systems to ensure they can weather inevitable employee turnover. Plenty of businesses fail to do this and have to close their doors. It happens with regularity.

On the flip side, unemployment is the US is super low. It's true that workers can only hold one job at a time, but they are not "trapped" at a job. In fact, they have more mobility than ever, which also gives them leverage to negotiate for higher salaries or to hop jobs. Not to mention more gig jobs, remote jobs, and contract jobs than ever, even for highly paid positions. Sure, losing a job hurts. But the employees who plan for this possibility, who maintain skills, maintain savings, and live within their means, can find new jobs, just as businesses who plan well can weather employee turnover.

It goes both ways.

So if you're in a position where your employer has some huge power dynamic hold on you, is that some universal truth for all employees resulting from the nature of the employer-employee dynamic? I don't think so. I think that's the result of poor personal decisions, or bad luck at best.

All that said, I'm 100% on board with legal protections that set a high standard for employers. We have plenty of those already. And I'm 100% on board with government stepping in to help take care of people who fall through the cracks. For example, I love that COBRA allowed me to stay on my previous employer-provided group healthcare plan for 18 months(!) after my last job ended.

What I'm against is any cultural or legal change that begins to suggest that its employers' responsibility to keep their people employed. It's not. Financially, the system can't work that way. Employers are not our parents or our nannies or our caretakers, and we should not try to make them into that.


Hundred percent. Yet, it's also reality, today, that the power asymmetry between individuals and corporations are huge. Anybody trying to bootstrap an independent business is heavily punished, simply because corporations want you to be an employee, just because they can. Unless the system balances the power dynamics, it's futile to tell people that they shouldn't ask for more rights from corporations.


I literally run the biggest website for people trying to bootstrap independent businesses, and I haven't seen anyone complain about being heavily punished for trying to do so. Founders are the most employable people I know, and they typically find it the easiest to go get jobs when their businesses fail (although they hate doing so).


Not everyone has a rich family to fall back on, bud. You could say "fall back on the government" but then this is how the government would do it. They wouldn't want you to fire people for no reason at all. In the same way that people are paid a certain wage as an agreement, there are other conditions too. This can be part of those conditions.

Your claim of: > Yes, and it's an employee's responsibility to not depend on a single job, and to be prepared for the possibility that it might go away. That's the mindset we should be teaching people, because it's REALITY.

is capitalist mindset that thinks there's never a chance of change. Kinda pathetic for a MIT grad, tbh.


> Kinda pathetic for a MIT grad, tbh.

Personal attacks are shite, especially when they dig into someone's background for extra 'bite'.

P.s. what rock have you been living under where you have a preconception that all MIT graduates are ethical white knights that share all of your own opinions?

It's one of the most varietal student bodies at a school that forks people majorly into military programs and research labs.. to expect harmonious homogeny regarding ethical opinions from the graduates is ridiculous.


I can't. My employment contract has a three-month notice period.


"Just cause" provisions are about an inch away from arbitrary termination, they are hardly "the other extreme."


That's really nice if that is the case.

My understanding from the comments was that this prevents people who don't do their job from being fired, as long as they don't set fire to the servers or something. If I misunderstood, then the union is being nicer than they have to.


In my experience, the commenters here, on a forum for SV startups, are overwhelmingly biased in favor of business.


Why wouldn't it be? Businesses doing pro-business things are the main reason well paying jobs exist. And people love well paying jobs rather than poor paying jobs.


I am making no claim about what the comment bias should be here on HN. I am merely reporting it to the parent comment.


That's a very loaded way of putting it.


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Government is in charge of regulating the minimum wage. Private companies are in charge of bidding for the "maximum wage", they have no obligation for providing a minimum as they serve their shareholders not the public, the government serves the public.


>Private companies are in charge of bidding for the "maximum wage", they have no obligation for providing a minimum as they serve their shareholders not the public, the government serves the public.

This doesn't support your point the way you think it might.


Speaking from a country where workers are very well protected, nothing really prevents anyone from being fired. It's just more expensive.

A court never reinstates anyone to their job, the company just needs to pay damages to the former employee.


In the US you can be reinstated, it's not actually that uncommon of an outcome.


My own experience working in a white-collar union with a just cause provision is that the process is much more cumbersome and time consuming, and includes some off-ramps, but it is certainly possible to fire and or punish low performers. The more concretely "low performance" can be measured, the quicker and easier, but we're still talking months or years.


> My understanding from the comments

That is your problem right there. You cannot trust comments to give you an accurate idea of what actually happened. The linked source is marginally better (but keep in mind that it is close to one side of the story, even though it is more independent than some people here seem to believe).


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Are you deliberately ignoring the concept of power imbalance and wide spectrum on which it occurs?

All of those examples you cited are drastically different types of relationships, set in very different contexts, that absolutely deserve different terms of engagement.

>Do we now hate the rich so much that we want to impose that burden on them when they pay someone

I don't even know how to parse this. We're talking about companies of a certain size. I guess we have fully stopped pretending they are anything other than an appendage of the wealthy class, and have no other responsibilities to society.


That power imbalance mainly exists if you don't save any money and/or live in an area with only a couple of employment options in your field and can't move. If you save up enough money to take a couple years off, there's no power imbalance.


i agree with you but you do realize what you’re saying right? the vast majority of people will never have 150k+ in liquid capital they can tap in to if they don’t like their job


Um no fault divorce (even without a co-respondent etc) is in fact fairly recent


Indeed and most liberal-minded people think it was a good change.


One does not need to be married to afford shelter/clothing/food.

One must have income or wealth, however.


> One must have income or wealth, however.

That doesn’t mean the last company that they happened to work for owes them these things.

If you think people should be entitled to food and shelter, fine. But it should be provided by the state, not by a private business that was unlucky enough to make a bad hiring decision.

(And in fact, the state does provide various forms of welfare including unemployment insurance. I’d be in favor of increasing those.)


The only claim here is that companies should demonstrate just cause for firing!

The horror!


That would be weird, so it is obviously not the case. That is because you are quoting only half of the (excerpt of the) point.


Who wrote the article? What's their interest in the issue?


Personally, I prefer having a few low-performing people around than being in a state of existential threat of being fired for no reason by a middle manager. They are easier to work around.

Anyway, no, that is not what they want.


> This is such a weird request for technology workers. You want to work with low-performing coworkers?

A ton of tech workers are, in fact, socialists who think job expectations should be 0.


Who your boss says is "low-performing" may not match your own experience of who is "low-performing", and may include e.g. people who the boss doesn't personally like, or indeed may include you yourself.


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Serious doubt on this one. If I were to guess I’d imagine those people are recycled into different positions with a different bar.


this is just racism


Interestingly, this comment can be interpreted both ways. The act of pushing people through a lower barrier based on their race can be inferred as racist, or the claim that such a thing is happening can also be inferred as racist.

I spent eight years at Google, starting long before these DEI mandates came in (and did over a hundred interviews during that period). I think the person you're responding to is being sensationalist, but I also feel the way these measures were rolled out did end up missing out on a lot of great hires due to them not fitting the perceived makeup of the company.

Funnily enough, I recall a specific meeting where they were planning to roll out measures to equalize pay between male and females. Prior to the rollout, they did an internal audit to understand the extent of the problem, and the audit came back highly favoring females over males. To Google's credit, they didn't move forward with it.


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> You rarely knew if the people you interviewed were hired or not

Perhaps this has changed over the years. I recall there is a website listing all the people you have interviewed and their status (e.g. upcoming interview, rejected, application withdrawn etc)


/r/SelfAwareWolves-tier comment.


Seems like you’re a big fan of that site, maybe you’d be more at home posting there


I have multiple homes.


It's particularly an awful request to pair with remote work.

"I should be able to work anywhere so long as it doesn't affect my performance..."

"Also don't judge me based on performance".

I think people need to be honest that WFH is as an argument is tightly integrated with merit.


I don't see the link. Does working in office means you're allowed to do a crappy job?


I mean, in the context of most union agreements with a similar provision, kinda.

Your union might protect you from termination on an assembly line, and at least they can move you around the facility or bring in extra workers. Or for a teacher they bring in more supervision and resources.

In contexts where unions have similar provisions, direct supervision is implied.


When the wealth created by those who work at the New York Times is sent out in dividends to those who do no work or create wealth there, what is performance of these rentiers?

You're arguing on the side of the rentiers and parasites who do not work, and lecturing about "low performance".

It's the people doing the work's purview to discuss performance, not the parasites.


Why were those "rentiers and parasites" ever involved? Why wasn't the NYT (or any other Thing) just created by the workers without their involvement? The answer in practice is that they provided value by providing the necessary capital to build the thing, and they did so in return for a cut of the future wealth earned by the thing. It's arguable that the wealth inequality that set the initial conditions for this is out of hand, but given the starting conditions, how else do you make big things?


Nothing forces you to go work for those so-called “parasites” if you don’t want to. You are perfectly allowed to start your own worker-owned journalism collective if that’s what you prefer.


What's crappy about the union striking when they have leverage? Should they have waited until the strike would apply less pressure to their employer?


1: If a union strikes when it has too much leverage, there's a risk there as well at overplaying the hand. If the Times does just fine during the election, then the union helps make the case their members are overrated. If the Times crashes and burns during the election, they might make the value of the contract weaker.

2: In an election where trust and reliability of independent media are really being called into question, something like this could have outsized negative impact. There's potentially a lot of damage to innocent third parties, including smaller syndication partners.


Does SWE striking even mean anything to a company? If factory workers don't show up, no products are made. If a SWE doesn't show up, the website is just fine (see elon buys twitter).

SWE impact is measured in quarters or years, especially at a big company that doesn't have public deadlines for project delivery.


The busiest news day of the year is tomorrow. You don’t think NYTimes.com not being up to announce the winner isn’t a problem?


Are engineers actively clicking buttons on high traffic days?

Every job Ive ever been in, scaling was automatically managed. Engineers focused on fixing bugs and shipping features, not scaling up instances


If you don’t have a fire department and your house catches on fire, it is an obvious demonstration of their value. Likewise, if NYT goes down tomorrow or they don’t have content to drive traffic, it shows management they can’t mess around. The best case scenario for management is a dip in traffic but no major issues.

Also, it takes two to tango. For any of the negative outcomes you mention, NYT management is equally to blame. Why is it the union’s responsibility to acquiesce to whatever terms to maintain trust and reliability?


>If a union strikes when it has too much leverage, there's a risk there as well at overplaying the hand.

You might need to take some lessons in negotiating.


1: i suppose we will have to wait and see whether it was a crappy or smart move.

2: i suspect that it is not the NYT readers who are fretting about media credibility. By definition, they already believe in the system.


When Rail unions in Europe strike during holidays, they do get leverage, but it infuriates the general public and creates a lot of bad press for the union.


Because waiting for the time when you can apply the most leverage is a shitty thing to do? How would you feel if your house was on fire and the fire fighters went on strike only then to demand they be given bounties?

They had a contract, waiting for the time when the work they do is absolutely critical is antisocial behavior. Society is built on people honoring their commitments.


> How would you feel if your house was on fire and the fire fighters went on strike only then to demand they be given bounties?

What a terrible analogy promoting a ridiculous narrative.

A better analogy is if it's the mayors house on fire, it was predetermined when exactly the mayors house would catch fire, the mayor had been warned well in advance of his house catching fire that the firefighters would like to negotiate their contract, and had in fact been involved in negotiations for years already. Not quite the same zing to it though...


If they didn't like their contract, the responsible thing to do would have been to go on strike earlier or quit. Waiting till the moment of maximal pain is just spiteful and done in bad faith.

Ultimately, labor unions exist to extract additional compensation from employers. Imo in cases where the employer can afford it and the employees in question are being unfairly treated, I think it's reasonable for them to quit or strike in good faith, but I don't think many of those things are true here.

Newspapers are barely surviving these days. These people took jobs at the nytimes knowing they wouldn't make big tech salaries, and most companies have ended WFH policies. If they can force the NYTimes to give them concessions by holding them hostage during one of the most contentious moments in US history, I won't admire them one bit.

Lastly, thanks for drawing that better comparison. It still wouldn't be right for the firefighters to let someone's house burn down in that case.


> Striking during election week is kind of a crappy move to pull.

That’s leverage. Striking during a time when the business doesn’t care is a dumb move.


Let me correct you, this will be election month at minimum.

The NYT kind of brings this kind of heat on itself because it has shifted from being just the paper of record over to an institution to the current definition of progressivism. You can only really do this union kinda stuff against self-important institutions. Which developer is ever going to attempt this on Accenture? They are straight up and honest about their business, which is they are trying to rake profits from connecting developers with companies - whatever it takes, whoever, from wherever, at whatever price is profitable.

The Times adorned itself as something more than a business, a special kind of business, a business that fights for something. So there you go, live up to it I guess.

Here is some of the content that the NYTimes focuses on:

https://www.nytimes.com/2023/07/21/opinion/starbucks-union-s...


> the current definition of progressivism

It's a fairly pro-business paper, certainly not very critical of Israel, and you appear to have completely missed all of its somewhat trans-skeptical reporting and opinion. (The latter pervasive enough to rankle many of its own employees about the tone and tenor of NYT coverage of trans issues.)


I want to believe you, but my hunch is your reply is similar to someone suggesting "Well, you see, you forgot all the pro liberal coverage that Fox News has been doing all year".

Does NYT not have a reputation or am I truly out of touch here? I went through some of their podcasts recently and it's all quite one-sided, for example.


> am I truly out of touch here?

Yes, you are absolutely out of touch. drawkward gave you three incredibly specific examples but you just kept on sticking with your hunch.

A paper that is the "epitome of progressivism" probably isn't going to have multiple conservative opinion columnists heavily featured and isn't going to have recurring problems with fawning interviews of white supremacists over barbecue.

I suppose if you're any further than center-right, a paper that is narrowly center-left is going to appear to be the "epitome of progressivism", but many years of critique would probably suggest otherwise. politely, i don't think this would be something you'd get tripped up on if you'd paid attention for a few years longer than a singular skim of the podcasts recently.


I think it’s a mistake to judge the NYT by their podcasts. I canceled my subscription when they reported on the concessions the UAW had won from automakers mostly in terms of how it might affect the bottom line of the companies, and with little to no mention of the effect on the workers and their families.


I think the paper is generally lib-left, but not necessarily progressive-left. I also see NPR as pretty centrist reporting.


NPR and NY Times are almost identically left-biased, with NPR being slightly more so.

https://www.allsides.com/news-source/npr-editorial

https://www.allsides.com/news-source/new-york-times


Please look at the confidence score for the npr rating.


It depends where you're coming from. Some (many now?) see Dick Cheney as a progressive liberal liar, and many on the left see him as a right-wing devil incarnate.


Who exactly is calling Dick Cheyney a progressive? That’s not the same thing as refusing to endorse Trump, btw.


The Overton window has truly shifted that far right. We're in trouble.


I was very disappointed with NYT’s coverage of the 2020 elections, and it has been difficult for me to take their reporting seriously since then. That they had their own workers striking is not a good look, yet unsurprising to me at this point. Just my opinion, I don’t know if this counts as reputation.

(NPR was even more disappointing because they positioned themselves as centrist; APM’s Marketplace was closer centrist that than NPR).


> It's a fairly pro-business paper, certainly not very critical of Israel

Sorry, are we both talking about the New York Times in 2024 here? Not a day goes by that there isn’t an article crying about Palestinians and bashing Israel - there’s one right now, just scroll down to the section just above sports.

Calling it the preeminent progressive institution in America media today is axiomatic.


The NYT is most definitely pro-Israel - so much that after October 7, it made up[1] a story of mass rape[2] to justify the attacks on Gaza. Just because it's not as pro-Israel as you doesn't mean it's not pro-Israel.

[1] https://theintercept.com/2024/02/28/new-york-times-anat-schw...

[2] https://www.nytimes.com/2023/12/28/world/middleeast/oct-7-at...

This comment will be deleted by moderators, though, just like every other comment which points this out. Yet no moderator has ever mentioned why they are doing that. It's factual and relevant to the discussion.


The Palestine exception to free speech.


Is it crying about Palestinians or just reporting the news? Can you tell the difference?


I'm sorry, when did the NYT call Isreal's behavior genocidal? I must have missed it.

Any objective observer would call Israel's behavior abhorrent wrt Gaza. In fact, it seems like the majority of the planet is doing that, if the UN is representative.


>Calling it the preeminent progressive institution in America media today is axiomatic.

...among certain not-unbiased segments of the population.


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Please, i beg you, show me a single instance of NYT support for Hamas.


Since ~2017, Mitt Romney and anyone further left than him is 'Progressive'.


I like the implication that being "trans-skeptical" is "non-progressive" and therefore to be a progressive you have to buy into the ideology without questioning anything. That does align with my current views of where progressive ideology is headed


I think the bulk of the pro-trans movement would consider themselves progressive. I think that the bulk of progressives would consider themselves pro-trans.

I don't consider myself a progressive for just this reason. I would be considered a TERF by the trans community, not because I think trans people don't exist or arent worth of love, employment, and respect, but rather because there are some hot issues (bathroom access, sports access, how to handle children permanently transitioning, replacing cisgendered terminology in medical textbooks) that I believe merit more study or nuanced approaches.

At the end of the day, it comes down to the question of who has the right to define what labels, and I think most progressives would not call you a progressive if you don't 100% accept trans rights. Of course, this demands lockstep ideological behavior, which is rarely a good thing for long. Could you be progressive on some issues and not others? Certainly! But which mix defines you as "progressive" or not is not up to me.


> [...] I would be considered a TERF [...]

I had to look that up. I'm I out of touch with the times by not knowing such acronyms? I am standing here at the station minding my business and Overton Express is passing by at 60 mph. "TERF" seem to describe most progressives. But I think I lag the avant guard conscious by 10 years of something.

But anyhow, I would say NYT is very much not left nor progressive. Maybe on some tangential culture issues. It is a centre corporate newspaper.


"skeptical" is in most cases just a euphemism for "opposed".


This is a controversial statement. To pretend that the NYT has not changed is dishonest: https://www.economist.com/1843/2023/12/14/when-the-new-york-...


The NYT literally published an Op-Ed in which an American senator called for sending american troops to quell BLM protests.

So progressive!


> The NYT kind of brings this kind of heat on itself because it has shifted from being just the paper of record over to an institution to the current definition of progressivism.

This sounds like how American conservatives describe it rather than how most readers or actual progressives would - the latter having significant misgivings about how it covered Iraq, Occupy Wall Street, the 2016 election coverage of things like the email hacks and FBI investigations relative to their actual substance, the tone of their coverage and editorials about transgender issues, etc.

The best way I’ve found to describe the NYT is as representing the east coast establishment. The issues which earned them attacks as liberal were things like favorably covering gay rights, which affects those elites (even rich sons of influential families can be born gay so everyone knows someone who benefits from that), but they tend to be more conservative on things like workers rights or tax issues which don’t affect or may even threaten their affluent readers. Climate change affects everyone but their opinion pieces are going to be things like “buy an induction stove” or “vacation in Nepal before the snow melts and buy some carbon offsets” rather than “stop flying and eat less beef” because their target reader wants to do the former and not the latter.


> The Times adorned itself as something more...

+/- your buy-in on that image. Pete's Pizza Parlor also adorns itself - as being on a mission to serve up piping hot pizza pies.


You are comically uninformed. If the NYT were even remotely progressive, they'd have been consistently flogging the living shit out of Donald Trump and his idiotic, dementia-driven behavior behind a podium for months now instead of pretending like we should accept it as normal while excoriating Harris for behaving like a mainstream political candidate.


Dementia driven? We can certainly disagree on policy objectives, but claiming Trump has dementia is absolute nonsense. Did you watch the Rogan interview? Regardless of one’s views on his politics, there is not even a remote hint of dementia.


Have you? Just last not he was confused about what *state he was in. A week ago he spent 40 minutes kn stage doing nothing as music played until his handlers yanked him.


Yeah the media have been salivating for this week for months now. Exactly why I'm not planning to read or watch any news this week.

I'll vote tomorrow. That's what I can do. All the rest of it is out of my hands and I'm not going to spend any of my time or mental energy engaging in the manufactured drama sure to come.

Like my barber said at my last haircut: the only sure thing about this election is that an idiot will be our next president.


Exactly why I'm not planning to read or watch any news this week.

I see we share the same strategy. My new policy is that I shut the news off once the polls open on election day and don't turn it back on until the following morning. Over the course of my life, I'll accrue enough saved hours to have achieved something minor, yet meaningful.


Not necessarily. Trump might not win.

It boggles my mind at how proud people are to refuse to draw a distinction between two completely different candidates. One has demonstrated competence and public service, while the other has demonstrated incompetence and chronic self-dealing.

Refusing to draw a distinction is moral cowardice.


I agree they are completely different. I don't think either are remotely qualified. I have been struggling with whether I'll vote for president at all. I cannot in good conscience endorse either candidate, on the other hand those are the choices I have. I guess I could do a symbolic write-in. I have never been less motivated for a presidential election in my life.


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I don't blindly give unions a pass, but you're asking if a business would use the value of their product at a particular point in time to set terms. Of course they do. If NYT didn't want to be caught in the lurch, that's what contracts are for, which they've had plenty of time to secure.

By the way, the price of Christmas trees is about to skyrocket, ridiculous!


If using what leverage you have is so ridiculous, a suggestion to NYT management: agree to every contract provision on a temporary basis, and continue ongoing negotiations with the union which provisions to take away in the permanent contract.

That would end some of the leverage the NYT has and level the playing field for fruitful negotiations.


Businesses already hold a lot of leverage over employees - like healthcare or the ability to feed their families.


Yes, a business would use all their advantages at the maximum, with disregard for any other consideration than money, and tell you "it's just business". Or "it's fiduciary duty".

Now that the shoe is on the other foot, suddenly they want to be reasonable? Funny that.


> Would a business battle with any other partner like this?

Regularly. One striking example is that way our monopsonies treat often treat their suppliers.


> Striking during election week is kind of a crappy move to pull.

It's smart. The one week where americans manage pull their head out of their ass is a good time to move.


I don't know, probably the lowest common denominator is paying more attention but most everyone i know is desperately trying to shove their heads anywhere that is quiet and calm. The fervor and anger with which all common media explodes during election month is unbearable.


Most of us aren’t paying attention to The NY Times. If they aren’t there, nobody will notice.


Why not both smart and crappy?


TBH, i don't see the crappy angle at all. I think the country will be just fine without its favored boutique-news-coverage-election-needle-software. Besides, the actual coverage isn't being effected at all.

EDIT: spelling


> Striking during election week is kind of a crappy move to pull.

That sounds like an anti-union stance to me.

There's no better time to strike than when your opponent can't afford to look bad.


What's wrong with being anti-union?

I'm extremely anti-union principally because they drive up costs to consumers while yielding a product or service of at best comparable (but usually degraded) quality. Some easy examples are UAW destroying Detroit automakers or the recent dockworkers strike involving uneducated laborers demanding compensation ludicrously in excess of what even most people with master's degrees make, all to drastically under-perform equivalent workers from almost anywhere else in the world. To top it off, those same dockworkers zealously guard access to those highly lucrative jobs with some very questionable tactics.

When you drive by a highway construction project that doesn't progress for years or, worse, a horde of workers, most of whom appear to be doing absolutely nothing, there's a good chance that's union fuckery. When you go to almost any hotel in NYC and are treated with borderline disdain by highly incompetent staff while paying $500+ a night, that's union fuckery. When you wonder why you can't get cheap sufficiently high quality EVs like those from China, that's union fuckery. I could go on.

Unions are not comprised of saints. They're doing the same thing as the companies they despise: getting theirs while fucking over everyone else.


> Striking during election week is kind of a crappy move to pull.

If a strike isnt painful for the employer, what incentive do they have to negotiate?


Not sure how risky this really is for the Union. Their software engineers are taking a pay cut for the prestige of working for the most influential newspaper on earth. When your BATNA is getting a 50% pay bump somewhere else then strike away. God forbid if the servers crash while reporting on the second hand recount in Georgia next month.


> Striking during election week is kind of a crappy move to pull

That's the whole point of strikes. If you do them when they are less painful, there's no point in doing them. And in this case, is not like the public doesn't have dozens of other options to consume during election week.


> Striking during election week is kind of a crappy move to pull.

According to the NY Times article, this was outlined and agreed to by the union on September 10th. So this is the poison pill because the agreement wasn't finished over the last 2 months.


> Striking during election week is kind of a crappy move to pull.

They are so silly, why have the strike when you have the greatest leverage, they should wait with their strike until a more convenient moment when they could be easier ignored.


The impact on election news coverage may not be that serious. Quoting from a NYT newsroom person:

"NYT Games and Cooking are BEHIND THE PICKET LINE. Please don’t play or engage with Games or Cooking content while the strike lasts!

News coverage — including election coverage — is NOT behind the picket line. It’s okay to read and share that, though the site and app may very well have problems."

(https://bsky.app/profile/maggieastor.bsky.social/post/3la4qg...)


    > This seems like a LOT of issues that still need to be hammered out.
They have been negotiating for two and half years. That seems like plenty of time to me. Can you imagine a union nego taking that long in a country where labour laws are stronger? Seriously: Can you imagine Germany's IG Metall spending 2.5 years to negotiate (without success!) a new contract? It is unthinkable.

One thing I have observed over the years, no matter what are the core issues, it is "never a good time" to strike as a union. I see this sentiment repeated over and over again (over decades!) by anti-unionists.

    > there's not a clear button the Times can push on behalf of the union to end the strike immediately
There is: Agree to the demands of the union.


I’m never sure how to feel about arguments that take the form of “it’s obvious, just compare to <thing a statistically vanishing number of people could possibly be in a position to evaluate>”. I’m not sure how many Americans in an average group of 100 are aware of the average union negotiation time of a specific German union, but I’d guess between 0 and 1? I asked my German wife and she looked quizzical and asked if I needed her to Google it.

I’m not disagreeing with you but I’m not sure this form of argument-by-esoteric-fact accomplishes your goals. Maybe I’m just uninformed, but as an uninformed reader, I’m not inclined to believe you. Present it as novel information and not something hilarious obvious, and you would probably have won at least one supporter.


I understand you sentiment. I was trying to offer an outsider's perspective. It's like talking a Swede about what happens when you don't have health insurance. They will look at you confused. "What do you mean 'don't have health insurance'? That is impossible in Sweden."

Also, according to Wiki, IG Metall is <<the dominant metalworkers' union in Germany, making it the country's largest union as well as Europe's largest industrial union.>> I did some Google searches to find last few negotiations. It normally takes a couple of months. 2.5 years (NYT) is just... well... insane.


That’s the perfect time to go on strike.


> Striking during election week is kind of a crappy move to pull

Siblings are doubting this, but you can think of it like price gouging. It's the right behavior for extracting maximum value, but it burns a lot of trust, and that's important for a long-term business arrangement. It's playing the short game when they should be playing the long game.


Strikes happen when the trust is already burned. This has been going on for a long time, and we’re only seeing the public side of the conflict.

> The guild, which was formed in 2022, has yet to secure a contract after more than two years of bargaining.

https://www.axios.com/2024/09/10/nyt-tech-union-strike-vote


Maybe there is little trust left? I don't know about NYT in particular, but the news regularly suggests employees trusting businesses are nothing but suckers.


> Striking during election week is kind of a crappy move to pull.

I love that the default ideology here is to side with the employer. I'm glad that when I am negotiating my salary with my employer, there are no comments from the Peanuts gallery.


Do NYT reporters wait for a quiet time to pump sources for information?

Time and space is strategic. If you have a unionized workforce without a contract or productive negotiations in progress ahead of a critical time, you’re rolling the dice.


> Striking during election week is kind of a crappy move to pull

Hard disagree. They're exerting what little leverage they have. Also there's plenty of places to get reliable election coverage besides NYT so who cares?


> Striking during election week is kind of a crappy move to pull.

Yes, heaven forbid the people doing all the work and creating all the wealth actually use their leverage against the heirs collecting NYT dividends.


> which means workers can be terminated only for misconduct or another such reason

So the company would be required to retain and pay deadwood, low productive people, and staff for obsoleted positions? That'll cripple any company over time.

If people demand those working conditions, they should get a government job.


> Striking during election week is kind of a crappy move to pull

> there's not a clear button the Times can push on behalf of the union to end the strike immediately. The Times would either have to sign a blank check to the union now

But that's the thing, NYT Leadership can choose to offer agreeable terms and end this now. They simply elect not to. Management often likes to drag out negotiations and then play the victim.


The point of strikes isn't to be unobtrusive or convenient. You're just saying people should work for nothing and not take the fat cats to task for underpaying them. Maybe if you stood for solidarity with the workers, you would have some credibility.


> Striking during election week is kind of a crappy move to pull.

Can we get a definitive list of weeks where workers’ rights are officially less important than $world_event? That way we can schedule our requests appropriately. We don’t want to inconvenience anyone.


Please make your substantive points without snark. This is in the site guidelines: https://news.ycombinator.com/newsguidelines.html.


That's not snark, that's just taking their argument to its logical conclusion. Big difference.


Of course people understand a term like 'snark' in different ways, so in that sense your point is fine.

But the comment was clearly using sarcasm as an internet hammer, which is what that guideline is asking people not to do. It's bad for curious conversation, which is what we want here.


I know you are trying to be flip, but there topics that are more important than worker's rights. I'm not going to argue that the NYTimes crossword is up there, but I think a good case can be made that independent journalism is up there, especially during open elections.

There is a long list of organizations and governments that made worker's rights more important than inclusive democratic institutions, and it didn't work out for anyone, especially the workers.

Maybe any of the 207 weeks between presidential elections? Or any of the thousands of weeks when one of the running candidates has threatened the legitimacy of their institution directly?


Day of election there is a big tally when votes come in and pictures of American Democracy In Action with a bunch of puff stories about people in lines. Huge time for viewership, not a huge time for important journalism.

There is no perfect time to strike, but I think other outlets can cover the typical:

- "huge lines in Pennsylvania!"

- "Polls close in [KEY SWING STATE] in 2 hours!"

- "Wow the whole west coast went blue, who would have thought!"

- "Shocker that one battleground is going into recount which will somehow last 4 weeks."


There will be absolutely no shortage of other places where Americans get their election news, and arguably at a higher quality than NYT. I will miss their election ticker dashboard widget thing though, that thing is cool.


All people who don't care say "can you please go over there, in the corner, where I can't see you, so you can protest and I can appropriately ignore you."

The point of a protest is to annoy you. Annoy you enough into action.


Annoyance so that bystanders support the protesters' demands or annoyance so that bystanders act against the protesters out of spite? After all, the Westboro Baptist Church's protests don't seem to have been very effective at promoting the cause of homophobia.

I think that protests are a risky move unless the general population is already sympathetic to the protesters' goals.


> After all, the Westboro Baptist Church's protests don't seem to have been very effective at promoting the cause of homophobia

Those protests are to provoke people into physical violence. They are organized by a personal injury lawyer.

> Annoyance so that bystanders support the protesters' demands or annoyance so that bystanders act against the protesters out of spite?

People say a lot of shit, but actually doing an effort out of spite is work, if they do that, they probably think. This is how all protests work. The 1960s black rights protests would like to have a word with you regarding efficacy. :)


What action am I supposed to take on behalf of these cognitively-privileged workers already earning six-figure salaries?


Support them by boycotting. I don't understand your statement here. Are you saying that because you have it fairly well, that you should let your labor be as exploited as possible?

If I earn 200k a year, and my employer earns 1MM a year from my labor, why should I not protest for better work conditions, or more % of my labor? If my labor is valuable I should be able to capitalize on it as well.

A worker earning 20k who is making the employer 40k a year is earning a higher % of their labor value than someone making 200k earning 1M a year for the employer.


>If I earn 200k a year, and my employer earns 1MM a year from my labor,

How would you or I know whether NYT earns 1MM a year from a striking worker or 100k?

You're just assuming that the labor's value is above the pay. Have you ever met a strike or labor action that you did not like?


I think NYPD labor actions is something I feel strongly against.

- underpaid

- they fight tooth and nail for lack of accountability

- they get lots of fun benefits for overtime, so they make sure to arrest people so they can get overtime

I can't say one positive thing about the NYPD union, it is the "anti-accountability" union.


OK fair enough.


It seems extremely bad taste for you to comment on the situation like this with such little insight. Like do you even have any union negotiation experience? Monday morning quarterbacking is always so tacky.


> Like do you even have any union negotiation experience?

I spent 3 years working for a professional union negotiator. I don't know everything, but I feel like I have a bit more insight into how the sausage gets made.


Man I sincerely doubt that because I would never ever feel comfortable commenting like that. I looked through your post history for union references and it seems like you're not all that onboard with american unionization practices. I guess I'm forced to believe you due to anonymity though.



You are doing god’s work.

Also, fyi for others. Many public libraries have NYT daily access codes you can use for free. It’s a bit of a pain to have to renew each day you want to read NYT but is still great to have.

Having a gift link is even more convenient.


The irony of your comment is that tech workers want pay increases (amongst other things) and here we're talking about avoiding paying for their product.

NYT is a great publication and I'm happy to pay less than a $1 a day for tons of great content.


Nobody's talking about not paying.

We pay for the library, and the library pays for an access license. NYT gets paid.

Gift articles are sent by subscribers … who pay.


I sympathize with the workers, but NYT is no org I want to support again


Thanks for mentioning that! One of my libraries does a 3 day code. It looks reasonably insecure and scriptable to fetch since it is hard coded as a hidden element in the page that opens the NYT page upon successful login.


We detached this comment from https://news.ycombinator.com/item?id=42040802. (Nothing wrong with your post, I just want to pin the parent to the top so people don't miss the links, and it's better not to consume extra real estate up there)


Appreciate the note!


Now that we switched to WaPo I've put it back :)


The current top comment includes this:

> I encourage everyone to respect the picket line and get your news elsewhere until the workers get a deal.

It would be nice if this could be replaced with a non-NYT link.


That is not what the union asked for.

The guild said it was asking readers to honor its digital picket line by not playing Times Games products, such as Wordle, and not using the Cooking app.


As much as I am a bolshy union member and supporter, this doesn't seem too bad on the surface, the article doesn't make clear what the issues with it are?

Times management said in an email to workers on Sunday that it had offered a 2.5 percent annual wage increase, a minimum 5 percent pay increase for promotions and a $1,000 ratification bonus. It also said that the company would maintain its current in-office work requirements of two days a week through June 2025, while allowing employees to work fully remotely for three weeks per year.


Probably because the article you read is from the party that doesn't want to make a deal, try this summary: https://news.ycombinator.com/item?id=42043604


> As much as I am a bolshy union member and supporter, this doesn't seem too bad on the surface, the article doesn't make clear what the issues with it are?

The linked article is the New York Times writing about a strike _against_ the New York Times. Factor this into your assessments.


If you're implying bias, consider that the news and editorial staff have been unionized since the 1940s.


Consider also that these workers have been unionized for over two years and the NYT is refusing to acknowledge them.


Sure, this is also worth factoring in.

But factor in how? (rhetorical question) Understanding bias well cannot simply reduce to a high-school debate style of tallying arguments for and against. First, there are more than two sides. Second, reasoning under uncertainty (with probabilities) is essential. Third, the best way for humans to reason requires getting the complexity out of your head. So one way or another, if you want to win [1], you have write down your model (we're not yet doing this here, but at least we're laying out some of the moving parts).

Anyhow, I'm not making a "final" assessment of overall bias; I'm trying to (a) expand discussion of the moving parts and (b) promote a rational and probabilistic approach here.

[1] "Rationality is Systematized Winning" https://www.lesswrong.com/posts/4ARtkT3EYox3THYjF/rationalit... but consider the counterpoint at "Rationality !== Winning" https://www.lesswrong.com/posts/3GSRhtrs2adzpXcbY/rationalit...


> the article doesn't make clear what the issues with it are?

What is not clear? The article tells that the issues are contention around return to office policies (as your quote tells, change is planned for July) and wanting a “just cause” provision.


But it's a reasonable offer, there is no clarity in the article about exactly what is so bad they need to strike.

Eg if they said we haven't had a pay rise for ten years, that would provide context.

Nothing in the article gives a justification for a strike. That's not to say the justification doesn't exist but it's not remotely elucidated.


You find it reasonable. THe union, and I, do not find a RTO announcement in June (or anytime really) to be a reasonable request. So yes, the article justified the strike. You just don't think the justification is reasonable.


You don’t think it’s reasonable to tell your employees that as a condition of employment they have to be at a specific location at specific times?


If they are tech workers who only need a laptop and can work remotely 3 days a week normally, and therefore 5 as well? Yes, its unreasonable as their specific location at a specific time is unnecessary. If you don't need to be physically present to work, then it is unreasonable to force someone to relocate or to come into an office.

Is it reasonable to tell your factory worker employees that they have to be at the factory at certain times? Yes, that's reasonable because these workers must be physically there.

Using broad words like "employees" and "employment" simplifies your thinking.


But you have no idea about internals of NYT, do you? You have no idea whats reasonable and whats not in their team.

BTW why people create a new accounts just to furiously comment all over pretty basic topics like this? Are you really that ashamed of your own opinions (which are still anonymous) or you feel your employer may trace you back? Or NYT employee?


It's not about the internals of NYT. It's 2024, WFH should be already a non-negotiable perk for tech employees because:

- the tech is there to offer this kind of work. It's not that NYT is somehow special about this

- it's better for the employees. Would we be in favour of companies asking to work 80h/week as a normal thing? Would we be in favour of companies asking to work 6 days per week? Maybe 100 years ago, but in 2024 the answer is (or should be) no. Why? Because we as employees have gained some rights over the last decades to make things better for ourselves. WFH is one more right in that list and shouldn't be taken as a privilege

I'm amazed by the people who are bashing against WFH. This is not about the free market, this is about moving the human race in the right direction.


> WFH is one more right in that list

Yet, strangely, your list doesn't contain any rights. Employers absolutely can ask you to work 80 hours per week / six days per week if they so choose (with assumptions about you being an average US resident; obviously jurisdictions can vary). You have the right to a higher rate of pay after a certain number of hours (with some exceptions) if you accept, but that's something quite different.

> WFH is one more right in that list

While rights can have exceptions, when those excepted are greater in numbers than than those eligible... Good luck! The right to higher pay if you work on location seems more politically tenable, but isn't that already priced in anyway?


Do you work at the NYT and have some idea about its internals?

And do you think it is possible that a lot of people just don't agree with you (maybe because you are wrong)?


And you do know what's reasonable? I'm gonna side with the union and not the company owned by a billionaire


> You don’t think it’s reasonable to tell your employees that as a condition of employment they have to be at a specific location at specific times?

You think it's reasonable to hire someone remotely, then later forcibly relocate them to another, more expensive city, with no compensation? Because that's what's happened here.

In jurisdictions with stronger labor laws, that is not only not reasonable, but outright illegal (constructive termination).


Of course it is reasonable. But it is equally reasonable for workers, as a condition of employment, to be able to work remotely. Everyone gets to choose what they want for themselves.

If an agreement can't be made... Oh well.


I think different levels of "reasonable" are being mixed up here.

By the normal definition, it's a reasonable thing for an employer to want, and a reasonable thing for an employee to not want.

But if we're treating "reasonable" and "strikeworthy" as opposites, then sure it can be "unreasonable".


It’s a negotiation. What is reasonable is for the two parties to determine. But it’s not crazy to imagine. This is not Walter White asking to work remotely from a professional-grade chemistry lab. These are tech workers who can carry the professional-grade equipment in their backpacks.


They don’t think RTO is reasonable, which is a completely logical stance to take if you’ve setup your life working from home (esp if it’s hours from the office).


... which is something people did on their own, without agreeing with their employers on duration etc.

I love working from home, but its just a non-guaranteed perk that can go away anytime and eventually it will, and companies shouldn't break their backs to accommodate people. There is free job market to match one's expectations, triple especially in places like New York.

I really, really don't get folks who setup their lives in the middle of nowhere to save some bucks and then they complain that world and work doesn't come to their doorstep. You took the risk in maybe unclear situation, you bear the consequences if the risk doesn't pan out your way.


> its just a non-guaranteed perk

"Perk" is another way of saying "working conditions". They are bargaining over salary, benefits, and working conditions. Therefore, it's on the table.

Whether or not the bargaining workers are responsible (or even sympathetic) with their private living arrangements is not part of the negotiations, and so it doesn't materially matter.

The workers are not "owed" WFH, but neither is the paper "owed" RTO. They have to bargain over it. One side, or likely both sides, will have to give somewhere on the basket of issues they are bargaining over. Maybe the paper loses on this, but gets something else they want like lower salary. Or maybe workers are willing to RTO if they get some kind of commute allotment (pay for their gas/metrocard/whatever).

The bargaining is holistic, over the whole contract terms. The process is not simply that they go item by item and try to convince each other to change their minds. The process is that they bargain the entire package until they are both OK with accepting it.


Exactly. At one time it was not “reasonable” to expect Saturdays off, either.


> you bear the consequences if the risk doesn't pan out your way.

Okay, but that's what they are doing. They can't work there anymore under the current situation, so they have accepted that their risk didn't bear fruit and are now no longer working for the NYT. Consequences bore.

They have graciously extended an opportunity to the NYT for it to reconsider the current state before the workers walk away for good. Accepting risk doesn't mean you can't still be cordial. At this point they are still willing to go back if the conditions allow them to. But if the NYT in the end says "no, we don't need you anymore, it is time for us to close up shop", so be it.


> and companies shouldn't break their backs to accommodate people.

Why isn't the inverse equally true? That workers shouldn't have to break their back to accommodate a change in company policy?

> You took the risk in maybe unclear situation, you bear the consequences if the risk doesn't pan out your way.

Again, I think this is equally true going the other way. Companies allowed their workers to move away from the office, why don't they assume any risk that workers won't want to return?

I get that there needs to be a balance of power, but I don't understand why any request from the company is valid by default and any request by workers is somehow an imposition that the workers need to justify. Why isn't the company asked to justify why workers need to RTO?


> Why isn't the company asked to justify why workers need to RTO?

Well, we do know the state of New York offered the NYT (among others) tax incentives/subsidies earlier in the year. I can't imagine the state of New York will be happy if the workforce works from New Jersey (or Texas). Calling upon the workers to work in New York gives the state the economic activity it expects in return for the subsidies it offered.

But does that make any difference to the workers? If they want to work remotely, whatever reason the NYT has is not their problem.


Were you around during Covid? Many of these employers hired fully remote positions with no timeline to move to an office as a contingency.

This isn’t taking away free coffee, this is a significant altering of the employment. It’s no different than moving everyone in a location to a completely different office on a whim.

Your comment is pretty tone deaf in that it is essentially “I really, really don’t get folks who setup their lives to live in a specific location”. The same thing is happening for people in cities and it has nothing do with middle of nowhere.

> I love working from home, but its just a non-guaranteed perk that can go away anytime and eventually it will,

So is getting paid more than minimum wage and getting extra days off. What a non-argument.


> but its just a non-guaranteed perk that can go away anytime and eventually it will, and companies shouldn't break their backs to accommodate people

I think this is the key to the question. We should start seeing WFH as a right rather than as a perk. Just like the dozens of other rights we have gained over the years. If it were for the companies, we would still be working 6 days/week, 80h/day with little or no vacation/sick/parental days. I'm sure those rights were considered normal in the past but not anymore.


> Eg if they said we haven't had a pay rise for ten years, that would provide context.

That wouldn't provide any kind of justification either, though. All it might indicate is that they desire more pay, just as we know here that they desire a different policy around remote work and desire a “just cause” provision.

And it seems that is the motivation – simply that they want it. Which is all the justification that is needed. One does not have to work if they don't want to. It is up to the NYT to decide if it wants to compel them to or not.


idk 2.5% yearly raise and 5% for promotions seems kind of meager to me. Seems like a yearly raise should both cover cost of living and throw in another percent or 2 to compensate for having another year of experience. I know a lot of people in a lot of professions don't get this but tech comp is what it is.

Then a promotion raise that constitute only 2 years of yearly base raises seems pretty lacking to me since a promotion generally comes with increased responsibilities and higher standards.

I've worked as a developer for companies outside of big tech who complain all day long about the fact that they can't compete with big tech on compensation while they hemorrhage engineers to big tech. I'm sure NYT does the same. No amount of moaning about this will change the fact that they are directly competing with these companies for talent.

I'm not anti-union at all and see them as necessary in certain types of jobs (I hope the Boeing Machinist's Union guts Boeing), but I have no interest in being a part of a union as a developer because it seems like collective bargaining just ends up locking everyone into the level of salary/career progression of the lowest common denominator.


A 2.5% annual wage increase doesn't even cover inflation over the past few years. That is a complete non-starter.


Front line hospitality workers are pretty much the only ones to do that, and that's only because they were making so little to start with.

Anyone expecting their salaries to get a raise to make up for the 2022 inflation are in for a rude surprise.


The longshoremen managed it.


If my understanding is correct, they haven't yet. The raise is spread out evenly over 6 years, so it'll probably be at least 3 years before they return to pre-pandemic purchasing power.

Still quite extraordinary, though I'm not sure how long they had already been at their current rates, so maybe less impressive? Not really sure.


> this doesn't seem too bad on the surface

The NYT's latest offer is shit compared to what the employees are asking.


Related :/

Perplexity CEO offers to replace striking NYT staff with AI

https://techcrunch.com/2024/11/04/perplexity-ceo-offers-to-r...


Did he actually say that?

Because in the article, there's only a tweet of him saying that Perplexity is "on standby to help", of which "offering to replace striking staff with AI" seems a pretty strong mischaracterization.

Update: The headline (but not the URL) was just changed to "Perplexity CEO offers AI company’s services to replace striking NYT staff" (emphasis mine).


> ...to help ensure your essential coverage is available to all through the election.

That sounds liking replacing striking staff to me, at least for the duration of the election. What other services of value except LLMs to write articles does Perplexity have to offer to the New York Times?


> That sounds liking replacing striking staff to me

That's my read too, but they could also e.g. lend them some engineers, have them build an election dashboard for them etc.

The fact that that would still be crossing the picket line, how realistic any of that is, or how genuine the offer, are all great questions/observations, but "replace with AI" seems like a quite dishonest editorialization in any case.


If editorialization is ever appropriate, this feels to me like the right time. Substantively, Perplexity make LLM tools - that's all they advertise on their website and what they are known for. Maybe they do have some jack-of-all-trade engineers who could turn their hands to web development or something, but there are also no doubt cleaners working at Perplexity. They aren't offering the New York Times help with the toilets!


But the article writers at NYT aren’t on strike—-as they’re in a diff bargaining unit with a contract and no-strike clause.

The only way having AI write articles would help is if it freed up working staff to help out with tech stuff-—which they said they won’t do.


Thank you for pointing that out; I missed it myself. That would imply that Perplexity's offer probably isn't even helpful in this situation, and it rather proves lxgr's point about TechCrunch's editorialization! It seems that the original journalist has made a correction:

> Though TechCrunch asked Perplexity for comment, Srinivas responded to TechCrunch’s post on X saying that “the offer was not to ‘replace’ journalists or engineers with AI but to provide technical infra support on a high-traffic day.” The striking workers in question, however, are the ones who provide that service to the NYT. It’s not really clear what services other than AI tools Perplexity could offer, or why they would not amount to replacing the workers in question. (However, in response to the clarification, we have opted to change the headline to reflect the claim that this offer was not necessarily specific to AI services.)


I've found llm generated code to work amazingly well for visualisation since you can just look and check you're getting the right results.


I don't think it's necessarily either-or. If he had the time to personally write the tweet, I think he would be willing to lend some engineers to help get them set up with their services.


The full quote is

> Hey AG Sulzberger @nytimes sorry to see this. Perplexity is on standby to help ensure your essential coverage is available to all through the election. DM me anytime here.”

it's absolutely scab behavior


Sure, but why add "with AI"?


"Because if a "machine/AI" does the work, it's not scabbing!" - executives, lying through their teeth.

They're using AI as smokescreen for anti-labor practices, as all AI tech executives are.


> "Because if a "machine/AI" does the work, it's not scabbing!"

Who is claiming that in this thread, the linked Techcrunch article, or the tweet quoted in that article?

And even if the Perplexity CEO in particular, or AI tech executives generally were to make that claim elsewhere: Misquoting somebody to strengthen a point like that immediately and significantly reduces my trust in a source.

Also, I'd say that the fact that Techcrunch just changed the headline speaks for itself.


Oh, mine wasn't intended to be a literal quote from anyone, hence why I said `- executives, lying through their teeth.` and didn't name anyone specific.

But this notion is definitely rolling around in the heads of these people, even if they won't say so because it's bad optics. What a CEO/executive says and what they believe and what they do are three very different things. You often cannot trust their weasel words.

But as for "the PerplexityAI CEO didn't say "with AI" in those words!!!"... how else exactly would an AI company help out with striking workers without their product of AI? That is an obvious subtext unsaid.


What non-AI solutions does Perplexity have to provide to NYT?


why add "with AI" to the company named "Perplexity AI"?


This is pretty much implied here. Perplexity is an AI-focused company. They're trying to make money off of a shitty situation. AI is a "cheap" tool to use for this purpose. It's really, really scummy.


Crossing the picket line like this is craven and opportunistic.


Pretty opportunistic to strike right before what is likely one of the highest traffic days for the NYT all year too


That's also known as playing your cards effectively


Yes, workers will take advantage of opportunities for their strike action to be more effective, good point.


You are either being wilfully ignorant or don't know how strikes work. Offering to "help" during a strike is scabbing by definition


I'm not disagreeing with that assertion at all: He's clearly offering them something to sabotage the strike.

I'm just pointing out that "offering to help" does equal "offering to help with AI". Sure, it's somewhat heavily implied by context, but journalistic integrity means making it clear what's an implication and what somebody actually said.

TechCrunch even seems to agree: They changed the headline retroactively.


I think the NYT should take him up on that offer. Those striking can probably pull off a 404media business model instead while they watch NYT turn into USA Today, except worse.


But they write software for NYTimes, they don't write journalism.

Additionally NYTimes benefits from huge networks effects – both in that they are a comprehensive source of (reasonably) reliable journalism which attracts lots of readers but also that they know lots of sources. It also helps that it's one of the better newspapers around (probably second to the FT).


FYI (and to those concerned) I ended up changing the headline after Aravind clarified. Since they are an AI company offering AI-powered election-day tracking that would presumably have replaced what the striking folks supported, I think it was well justified at the outset, but now that he's backtracked would be misleading to leave it. Still not great!


Heh, TC changed the URL and removed the 'with AI' from the title midday....

(comment below from author https://news.ycombinator.com/item?id=42046177)



Alternative non-NYT link (submission link could be changed to this too I suppose):

New York Times Tech Guild Walks Off the Job

https://nyguild.org/post/new-york-times-tech-guild-walks-off...



Wow, the company that makes it impossible to cancel their subscription without an hour long phone call also stiffs their workers of cost-of-living wage increases? I'm shocked


Might be making that hour-long call soon if NYT Management doesn't make some changes to support their union...


This strike seems very poorly messaged. As far as I can tell, the union hasn't given any public explanation of what specific demands management won't meet. The union website doesn't even mention that they're on strike!


> Negotiations between it and the Times hit logjams over things like a “just cause” provision that prevents the company from firing workers unless it’s for something like misconduct, as well as pay increases, pay equity, and return-to-office policies, reports the Times.

https://www.theverge.com/2024/11/4/24287600/new-york-times-t...

I dunno. It is a negotiation between the union and the company. They might not have prepared much marketing material because they aren’t really selling anything to those of us in the general public, right?


As a foreigner it’s so alien to me that such a provision isn’t mandated by law anyway, and that there isn’t broad support in the population to restrict employers from firing at will… wild.


An an American it's hard for me to imagine how companies could ever work with universal protections from firing at will. What if you're running a painting business, and there's a downturn in construction. Do you just have to pay people to do nothing, since they haven't done anything wrong and aren't allowed to be fired? Or what if a large company needs to make a strategic pivot and fire some employees to hire others with a different skillset.

It seems like economists do consider this to be one of the big reasons why the U.S. economy has grown so much faster than the EU. Hiring in Europe is much riskier, so companies would rather stay small.


For a start all implementations of such protections i'm aware of don't apply till you have over X employees which rules out your specific example. eg. Australia allows businesses with under 15 employees to fire at will. Small businesses have very little employee protection for exactly the reason you stated; You need to be able to hire/fire since each individual employee is such a large part of your workforce. It's generally understood that if you work for a small employer you are more at risk because of this. Large employers are seen as a safer job.

So these protections are always tradeoffs. You can actually earn more at the smaller companies and those places are typically good to get your foot in the door. The larger companies where these protections apply can afford to follow the process and having the process there gives stability that some people need in a career.

I actually think it comes down to the viewpoints on careers. There's no risk to any particular business since the laws are written to only target business that can reasonably follow the process. There is a different viewpoint on working at bigger stable companies vs smaller companies though. One's seen as a stable career and the others seen as temporary (of course exceptions apply).


In all those cases, it sounds like the company would actually suffer the consequences of their prior mismanagement (compared to today where mostly just employees suffer from bad management decisions).

Yes, that means some companies might go under when they could have saved themselves by mass layoffs. I'd be okay with that trade.

Yes, that means growth might slow down to more reasonable levels. I'd be okay with that trade. Europe isn't booming economically like the US, but if you've ever traveled there, their quality of life seems perfectly fine, and costs are much lower.


> Europe isn't booming economically like the US

This would be an extreme understatement.

> but if you've ever traveled there, their quality of life seems perfectly fine

I'm not sure if traveling there is much of an indicator of anything. Doing business there over the course of many years might be a very basic table stakes start to get any idea of what is happening. Even then it will have large blind spots. Most folks traveling to Europe are also traveling to the richest parts of the richest countries and ignoring the rest.

Inertia is a hell of a drug. For how much longer can western Europe stagnate and continue to fall behind the entire world little by little? There are bright spots, but those seem to becoming fewer and further in between. Talk with the younger generations and you may start to get different answers than you expect.

The US system certainly isn't how I'd design things today, but I very much would avoid what the EU is seemingly running headlong into. How much of that has to do with worker protection laws is certainly highly debatable though.


In this scenario, you would go through redundancy processes instead of simply firing people.

Depending on the laws and the country, it involves consultations, handing out offers for alternative roles in the company, mandatory notice periods and timelines, and severance pay.

Or what many multinationals do, you offer non-legally-redundancy severance deals by paying the employees out.

Severance already happens in many industries in the US, however it’s generally only for those paid very well, which arguably need the legal protections less. So such laws are designed to level the play field and prevent abuse of the system. For instance, if you make an accountant redundant, you can’t go and hire another one for a period of time because that means the role was required the whole time. If you want to remove a specific person from a role, you fire them for cause (say bad culture fit or inadequate work) or offer them a payout to leave.


There are usually provisions for firing people due to financial hardship or having too few contracts. The employer must declare the reason, but if it’s found out that they lied, there is an avenue for the worker to get compensated.


Sounds like a recipe for permanent lawyer employment.


That's not how it works at all. Of course you can fire someone with proper cause, you just can't fire someone __at will__. Lack of demand for the position is proper cause. If you don't need staff you can fire them, but you cannot fire someone and hire someone else in the same position.


What's the argument to not be able to fire someone because you can hire someone with better or relevant skills instead? That makes the business stronger, which means it can make more money, which means it can hire more people.


Well the arguments are many, and the counter-arguments also many. The point of my comment was not say that the (typically European) system is better, but it's not like described as parent commenter where you cannot fire people and are stuck with too much staff. That is not the case. I wasn't really arguing for it being better for the company and/or society.

Relevant skill could be proper cause. You can absolutely fire someone for not having the skills you need and hire someone else with the right skillset.


There’s a huge gap between at-will-employment and no ability to fire people at all.

FWIW, it looks like 11 US states have “Implied covenant-of-good-faith and fair dealing” which mean “an employee may only get fired for a reasonable, lawful, and sufficient reason.” The list is also interestingly bipartisan, Alabama, Utah, and Massachusetts are on there. And it must not hurt business too much, since Massachusetts has that very high GDPPP stat.

https://clockify.me/learn/business-management/at-will-employ...


> Do you just have to pay people to do nothing

There are shades of grey. Large institutions should fall back on other means (reduced hours, pay cuts, comfortable severance, longer heads-up for firing) before resorting to overnight-mass-layoffs.

> why the U.S. economy has grown so much faster than the EU

Again, shades of grey.

The economy is a means to an end. If economic growth leads to worse life-outcomes for the populace, when what's the point of having a 'powerful economy'. Now, govt. policies shouldn't knee cap the economy. But, let's not tunnel vision on it as the sole indicator of development.

In my experience, Europeans with a $80k wage live better lives than American tech workers on $300k. To put in concrete light : most American tech workers get 14 days of vacation a year. All that work and all that money, and you only get to enjoy 2 weeks a year in the world's richest country ? That's pathetic.


I don't think a lack of imagination is a particularly American trait.


Exactly! US workers have to fight tooth and nail for things that employees can just expect from other countries. That's why strikes like this are such a big deal.


> As a foreigner

I strongly suspect that, as usual in discussions like this, by “foreigner” you specifically mean “European” or “Canadian” or “Australian”.

The US is surely not alone in having a relative lack of legally mandated job security.


It's unique in that it's a country with h western values with relatively underdeveloped worker protections.

Sure places like Saudi have literal slavery, but they don't pretend to value life either.


"Western values" is too broad, IMO. The US and Europe are fundamentally different civilizations despite a shared cultural root (centuries ago).


States are free to implement such provisions to protect their workers, in fact not all states are "at will".

As a foreigner, do not forget that USA have several government layers, federal ones and state ones.


Perhaps there is a link between at will employment and competitive, thriving businesses.


because working with poor performing coworkers is soul crushing, and having a bad boss even worse


> They might not have prepared much marketing material because they aren’t really selling anything to those of us in the general public, right?

NYT isn't a highly regulated interstate employer like Boeing or the rail industry or the dockworkers so it's dispute with the union isn't a de-facto matter of national politics like those strikes were so appealing to the public to have a particular opinion on the matter is not of as much use therefore neither side of this dispute has invested heavily in it.


Interesting. I spot checked the Boeing strike, and it does seem like unions often aren't too specific about their demands in public. I guess a lot of stuff that I thought came from unions is actually coming from internal reports like this.


I know some folks who’ve done union organizing a bit, although I’m personally not that interested in it, so take this with a HUGE grain of salt.

But I think appealing to the general public is a tool in the toolset, something they consider, but not an automatic go-to. Ultimately, the NYT tech guild doesn’t actually want the general public to think their boss is a “bad guy,” right? Like, getting the general public to boycott their employer too effectively is a risk to their own paychecks, haha.


That's true, makes perfect sense.


Here's one from me: down with "the needle"!


It's a very young union, started in 2021.


Regarding RTO:

https://thehill.com/opinion/technology/4747313-remote-work-b...

The research backs up all the good things that have come out of remote working since at least the pandemic started. Everything is great, employees do better work and the employer gets better work done. Which was never in doubt if you look at research and metrics.

The kerfuffle about remote being bad only has the stated negative of something about "culture" according to every company that is forcing people off of remote work.

What they don't tell you is

1: the company wants to shift their tax burden to workers from local governments.

2: It is impacting the Commercial Real-estate that the leadership team and board members are getting paid for, on the back end, for leasing office spaces back to the company.

Further:

3: The company is already or will be soon opening a remote team office in Hydrabad, so they are already going to lose #1 and #2 and still not have a decent culture.


Are Indians less deserving of jobs? What are you trying to say


Why can't they have a good company culture in Hyderabad? Is there something about Indians that you believe prevents them from developing good company culture?