Union workers at TCGPlayer filed an unfair labor practice claim with federal regulators last week accusing the company of denying a pregnant employee repeated requests for workplace accommodations relating to her pregnancy.
The charge filed with the National Labor Relations Board is one of two pending investigations into the company’s bargaining tactics and alleged actions taken to undermine efforts by union workers to secure their first contract. About 250 workers voted in March last year to unionize, making it the first union in the history of eBay, TCGPlayer’s parent company.
Workers have alleged TCGPlayer, the largest online retailer of trading card games like Magic: The Gathering and Pokemon, has repeatedly engaged in bad faith bargaining, coercive actions such as employee surveillance, and made unilateral changes to employees’ working conditions. The union, which organized under the banner of the larger Communications Workers of America union, and TCGPlayer have been locked in negotiations over workers’ first contract since last September.
The workers’ latest allegation of unfair treatment is the company’s decision to discipline Megan Wheeler, a receiving generalist at TCGPlayer, for missing work to seek emergency medical care fearing a miscarriage. She was given a final notice in May which could lead to her termination, workers say.
Prior to that Wheeler had since March repeatedly requested — and often been denied — intermittent leave, shifts that did not require her to stand for long, and/or more frequent breaks, and a later start to her work day due to morning sickness. Eventually, in April, she got a 30 minute break and her work day was pushed back by 30 minutes.
Wheeler said she needed to further push back the start to her work day since the previous accommodations were no longer compatible with her pregnancy. Those requests for new accommodations have been denied, she said.
Wheeler and her coworkers say she followed the company’s special accommodation process, which requires a doctor to fill out a form supplied by eBay and the workers to file paperwork detailing what types of special accommodations they are looking for based on their health needs. A human resources representative then meets with the workers to discuss the viability of the request.
As her pregnancy progressed, Wheeler said she grew scared of what she perceived as potential miscarriage symptoms. She missed work three times in the span of a week and received four warnings.
With every breach of the company’s attendance policy, workers get escalating warnings that start with an email or a verbal warning, Wheeler said. The fourth warning she received came with a penalty; she was not to be scheduled for overtime and could not apply for a new position at the company for the next six months.
A fifth instance would have likely gotten her fired, Wheeler said.
“It was a terrifying time and the last thing on my mind was whether or not I would be penalized, let alone almost fired, for taking care of myself and my family,” Wheeler said. “I am still struggling with issues in my pregnancy, but now I am also dealing with the looming threat of losing my job for it too.”
A company spokesperson told Central Current TCGPlayer was aware of the unfair labor practice charge filed with the NLRB. Company officials, the spokesperson added, are reviewing the allegations and will work with the NLRB through its investigation of the claims.
They also noted they are working with Wheeler to address her concerns and that the company remains committed to providing reasonable accommodations to workers.
Workers say Wheeler’s story is a key example of why TCGPlayer needed a union, and were moved to action after she shared it at a union meeting.
Frankie Rowan, who works authenticating card orders at the company, said Wheeler shared her story with the union in late June, prompting workers to organize a picket line protest last Wednesday outside TCGPlayer’s offices on South Warren Street demanding the company strive for gender equity practices and fair accommodations within the workplace.
“We wanted to demonstrate to the company that we will not tolerate this kind of treatment toward any of our co-workers, whether they are pregnant or seeking special accommodations,” Rowan said. “We really want to get a good, strong contract that has all of our coworkers in mind here, making sure that they get the accommodations they need.”
Part of workers’ demands included that the company must uphold the state’s Pregnant Workers’ Fairness Act, which came into effect June 27 and increased protections for pregnant workers against employment discrimination. The law applies to public and private employers with more than 15 employers and requires companies to provide reasonable accommodations such as supplying a stool or a chair to sit on, and the options to telecommute or take leave to qualifying workers.
“Accommodations are something that people not only deserve, but they’re owed,” Rowan said. “Everyone deserves a right to be able to complete their job pain free.”
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