It was a scorching 95 degrees on the tarmac at LaGuardia Airport on July 8, 2024, making it a challenging day for Garvey Barrett, a 68-year-old baggage handler for Alliance Ground International (AGI). The dark pavement of the tarmac absorbs and radiates heat, causing the surface temperature to be 20 degrees hotter than the air temperature. Barrett, a Jamaican immigrant, recalled it as one of the hottest days of the year and a particularly difficult day for him and his coworkers who were working outside under the scorching sun.

Barrett, along with his coworkers, had been requesting water during their shifts for weeks, but their requests were not fulfilled. On that day, Barrett and a few of his colleagues went to their manager’s office to ask for water, but instead of providing them with water, the manager became upset and suspended Barrett for two days, claiming that it was the second time Barrett had confronted him that day.

This incident prompted Barrett to file an unfair labor practice charge against AGI with the National Labor Relations Board (NLRB) with the help of the union 32BJ SEIU on November 20, 2024. The union is also advocating for legislation to protect workers like Barrett from extreme heat in the workplace.

Rob Hill, the executive vice president of 32BJ SEIU, stated that their members, who are essential workers, are often on the frontlines and face extreme weather conditions while performing their jobs. He emphasized the importance of access to relief from the heat and the need for employers to provide workers with basic protections like water, shade, and air conditioning. To address this issue, the union is pushing for the passage of the TEMP Act, a bill that would mandate employers to provide temperature protections for workers in New York.

As global temperatures continue to rise, the risk of heat-related injuries and deaths for workers also increases. According to the Bureau of Labor Statistics, between 2011 and 2021, over 400 workers died due to heat-related illnesses, and in 2023 alone, 55 workplace deaths were caused by extreme heat. Immigrant workers, like Barrett, are particularly vulnerable, with Latinos comprising one-third of all worker deaths due to heat-related causes.

While federal regulators have not taken action, 32BJ believes that the state should step in to protect workers. Hill emphasized the urgency of the TEMP Act, stating that it would be a critical step towards ensuring the safety and health of essential workers like Barrett.

AGI, a U. S. -owned company, provides ground handling services to airports in the United States and Canada and employs over 12,000 workers. However, the company has a history of workplace safety violations, with the Occupational Safety and Health Administration (OSHA) citing the company 18 times between 2016 and 2024 for various violations, resulting in a total of $338,881 in penalties.