Showing posts with label employers. Show all posts
Showing posts with label employers. Show all posts

Pennies, Nickles, Dollars Slip Away  

Like many folks, I've been reading loads of reports on Union organizing. Like the recently released report No Holds Barred: The Intensification of Employer Opposition to Organizing by Columbia professor Dr. Kate Bronfenbrenner and Majority Authorizations and Union Organizing in the Public Sector: A Four-State Perspective From the AFL-CIO Now Blog:

If you sign up to join a union, you won’t face coercion or intimidation from your co-workers—or employers. Despite dire warnings by corporations against the majority sign-up process, a new study shows majority sign-up (card-check) protects workers and gives them the chance they need to form a union. It’s another critical point in favor of the Employee Free Choice Act, which would give workers across the country the choice about how to form a union and bargain for a better life.


Here's the problem, being in a union makes our lives better. I can testify to this (thank you AFGE and my shop steward). However, the point at which you and your co-workers decide that you need a union, the worst is yet to come.

You see, the moment we decide that together we bargain and divided we beg, is the same point at which employers pull out the big guns. This is where firing happens. This is also where mandatory meetings happen where employers tell workers they'll lose benefits they have or the shop will close or it will mean a loss of your work shift or whatever else they think might be a topic of interest to you.

When we decide to stop begging for the right to work, our employers don't stop looking for ways to divide us, instead, they learn that they have all the power in this country in terms of labor law and they do not care how often, how hard or to what extent they trample our rights. And if you lose the organizing drive, few will ever even attempt to hold the employer accountable for trampling the few rights we do have.

And yes, I'm serious!

From the Bronfrenbrenner report:

Furthermore, workers are keenly aware that even in cases with egregious employer violations, the most likely penalty is a posting and a small amount of back pay, which could take more than two years from filing the charge to a final Board decision to collect...


Of course, this is why there's such a dramatic need for the Employee Choice Act.

But the other wrinkle to this, and one of the main reasons for Uniongal at all, is that like many women in the workforce, I am a single mom. I am the sole bread winner for my family. I am cook, cleaner, glass washer, launder, nurse, baker, bread winner, transporter, psychologist and maintainer.

I do it all.

And when you do it all, you're way more susceptible to intimidation, and even worse, you're constantly trying to figure it all out as a mom while also making ends meet, kind of like the 10,000 Maniac's song, Dust Bowl Days where Natalie Merchant sings about how this mom just can't get ahead:



All workers know the feeling. When our employer goes that extra mile to ensure that you, their employee, knows your place and that unionization (of any kind or even thought) is a no-no. Brings me back to Dr. Kate Bronfenbrenner's report and her description not of a single event in the unsuccessful United Steelworkers organizing campaign at Rugby, but Rugby's overall strategy:

The most important part of the Rugby story is not the most dramatic—the discharges and layoffs—but rather the full arc of the employer’s plan, which in fact started not with the meeting with the supervisors, but as Bogas points out in his decision, with its aggressive union-free policy. This policy was clearly outlined in the employee handbook, and read out loud to all new employees upon hiring. It made it clear that unions would not be tolerated, laying the groundwork for the aggressive and intense effort that followed. But the model that Rugby and so many others of these campaigns adopt is one in which the priority task of frontline supervisors is to ascertain through whatever means possible the leanings of every worker and then use the more aggressive retaliatory tactics to sway those leaning toward unionization.


On any given day, workers across this country are exposed to supervisors and companies who see them as worthless, incompetent or union sympathizing "thugs". These are good workers. They are you and me. They are your moms and dads. Even your brothers and sisters. In fact, you might actually be one of these workers. You aren't incompetent. You aren't a thug or a trouble maker. You have the right to join, form or to organize a union. But we have to demand that right to make that decision without having to go through the crap that employers throw at us.

So, to summarize, if you, as an employee feel you need a union, and you work toward that end, your employer can behave egregiously (fire you or your co-workers, suspend you, strip you of all sorts of things at work, etc...) and there's little or no consequence and when there actually is a violation found, it takes years to collect; ages to get justice. But if you win and you are in the union, you risk far less in terms of retaliation or intimidation from not only your employer but also co-workers. And, there's this new Bill in the Senate called the Employee Free Choice Act which aims at leveling the playing field, making it easier for employees to decide if they want to go through an election or to sign up using a simple card.

So, there you have it. Two recent reports that I've been reading. My thoughts about how it all relates and my hope in the end that single moms like me and many others can simply be able to do better than to just get by. It kind of sucks out here sometimes. It sure would be nice to have a Congress that understood what it's like to watch pennies, nickles and dollars slip away and how being in a union can help to stop that from being the case.

Thank you Dr. Bronfenbrenner for researching these issues and more importantly, giving a voice to so many workers just through the numbers you cite. Who knew a bunch of numbers and stories could be so powerful. If you get a minute, head over to the report, it's really very shocking.

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The Department of Labor: Of -For-and By Greedy Companies; To Hell With the Worker!  

I've been in training all week. Lots and lots of reading about strategic planning and how it all relates to an agency's over all mission. This brought me to the Department of Labor's mission and their mission statement:

The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.


I highlighted the pieces in the mission statement most important to this blog post. After sitting through 3 days of strategic planning and hearing all about how fantastic the Department of Labor's Strategic plan is, it really got me to wondering how it is that DoL behaves like this:


A copy of a eleventh-hour proposed rule that would make it harder to set new safety rules limiting workers' exposure to chemicals on the job has been obtained by the Washington Post.

The Labor Department has refused to discuss or disclose the proposal, which has spurred anger and condemnation from unions, Democrats in Congress and public health scientists. They claim the rule is a "midnight regulation" that will block the next administration's efforts to reduce workers illnesses and deaths.


Okay, the Post caught my attention, it's true, they did. But here's the money quote for me from the same article:

The proposal calls for adding another procedural step and round of challenges before the department can consider regulations for a workplace toxin. It also challenges the agency's longstanding assumption that it should set limits low enough to protect workers who could be exposed to a toxin every day on the job and work for 45 years.


Pretty freaking cool, huh? Well, take a look at the Strategic Plan for the DoL, Performance Goal 3A:

Improve workplace safety and health through compliance assistance and enforcement of occupational safety and health regulations and standards.

The Department's efforts to protect workers' safety and health are built on the foundation of a strong, fair, and effective enforcement program and outreach, education, compliance assistance and voluntary cooperative programs. Although the Department seeks to assist the large majority of employers who want to meet their obligations under its worker protection laws, it will direct its enforcement resources to those who expose employees to serious hazards. DOL will conduct its inspection programs to ensure that they identify the most hazardous workplaces and make the best use of inspection resources. DOL will also continue to make available effective compliance assistance programs and tools and offer employers and employees opportunities to participate in a variety of voluntary cooperative programs. Through these efforts DOL strives to improve workplace safety and health protections and prevent occupational injuries, illnesses and fatalities.

The Department will continue to use a balanced approach to protect the safety and health of America's workers. The Department's OSHA regulations and standards will continue to be developed or revised under the agency's focused regulatory agenda. DOL will continue to direct inspections and outreach at establishments and industries with the highest injury, illness, and fatality rates and will respond to complaints of serious workplace hazards. As part of the Department's outreach effort, selected sites with high injury and illness rates will be notified in writing of available services for addressing workplace hazards. Small business employers who receive notification will be provided an opportunity to seek assistance through the free, DOL-funded State Consultation Program. These efforts will be supplemented by National and Local Emphasis Programs designed to target unsafe conditions or high hazard industries. To complement its enforcement and standard-setting activities, the Department will provide compliance assistance, outreach, and training for employers and employees. DOL also offers a variety of cooperative programs including the Voluntary Protection Programs (VPP), the Alliance Program, the Strategic Partnership Program, the Consultation Program and its Safety and Health Achievement Recognition Program (SHARP), under which employers, employees, and other stakeholders work with the Department to improve workplace safety and health.

Experience demonstrates that the implementation of VPP principles results in a significant reduction in injury and illness rates. Overall, VPP participants experience an average of 50 percent fewer injuries and illnesses than non-VPP sites within their respective industries, and continued participation in VPP maintains these results. Both a 2005 Gallup study and OSHA's experiences in the Challenge Pilot support these findings.


First off, check out those bolded areas. I went through and pointed out something a little odd. The Department of Labor's mission:

fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions


It says nothing about the employer. Instead, the goals and objectives in their strategic plan does. It means that the Department of Labor has a mission that no longer relates to their strategic plan. That mis-alignment needs to be adjusted and how is DoL adjusting this mis-alignment, well, by suggesting new regulations to curtail the ability of workers to obtain safe workplaces, again, from the Post:

Political appointees at the Department of Labor are moving with unusual speed to push through in the final months of the Bush administration a rule making it tougher to regulate workers' on-the-job exposure to chemicals and toxins.

>snip<

The change would address long-standing complaints from businesses that the government overestimates the risk posed by job exposure to chemicals.

The rule would also require the agency to take an extra step before setting new limits on chemicals in the workplace by allowing an additional round of challenges to agency risk assessments.

The department's speed in trying to make the regulatory change contrasts with its reluctance to alter workplace safety rules over the past 7 1/2 years. In that time, the department adopted only one major health rule for a chemical in the workplace, and it did so under a court order.


DoL no longer sees it's mission as one of protecting workers. It's mission is:

Today, that mission continues in a vastly different, global context. While the interests of wage earners remain a core value for the Department, its policies and programs have evolved to address the emerging needs of workers and employers in a competitive 21st Century economy.


I suppose I should be thrilled that DoL can have the balls to tell us they intend to screw us and do so right there, in their strategic plan, but you know, I'm not thrilled. Instead, I just feel screwed and, not in a good way.

So, let's give a few cheers to Elaine Chao, Secretary of the Department of Labor. PSSSTT, the Cheer here is, Shame,Shame Shame Elaine. Shame on you.

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