Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘AFL-CIO’

Meet the Militant Flight Attendant Leader Who Threatened a Strike—And Helped Stop Trump’s Shutdown

Monday, February 11th, 2019

The government shutdown introduced America to an audacious new voice in the labor movement: Sara Nelson. While receiving the MLK Drum Major for Justice Lifetime Achievement Award from the AFL-CIO on January 20, Nelson, the International President of the Association of Flight Attendants-CWA, called for a general strike to support the 800,000 federal employees who were locked out or forced to work without pay. “Dr. King said, ‘their destiny is tied up with our destiny,’” Nelson told a cheering crowd of labor leaders. “We cannot walk alone.”

Absences among air traffic controllers on the 35th and final day of the shutdown, causing ground stops at LaGuardia Airport in New York and elsewhere, contributed to the eventual resolution of the standoff. Before the shutdown ended, flight attendants were mobilizing to walk out as well—as Nelson said, “if air traffic controllers can’t do their jobs, we can’t do ours.” Simply floating the idea of labor unrest raised the stakes. Nelson, who took over leadership of the AFA in 2014, broke an unwritten rule by expressing the logical endpoint of the power workers hold in their hands.

“I was very aware when writing that speech that it was going to be a moment and it was going to make a lot of things possible,” she told In These Times during an interview last week in Los Angeles. “There has been this hopelessness, this feeling that the problems are out of our reach. So setting a bold course and being bold about the action that we need to take was something that I knew people would respond to.”

That urgency has yet to dissipate. The shutdown was merely put on pause—government funding runs out again February 15. It’s entirely possible that workers could again get furloughed and cut off from pay. And Nelson wants everyone to understand how her members are willing to sacrifice in response.

“I know how dangerous a day 36 of the lockout would be,” she said, referring to a resumption of the shutdown. “We’re going to continue running as fast as we can right up to February 15, so that we can take action immediately on February 16 if necessary.” If flight attendants do take action, other unions and even the airlines themselves may get behind them. That’s because the shutdown inserted fundamental risk into the air travel system.

Nelson, a 23-year rank and file flight attendant with United Airlines who still occasionally works trips, thinks that it will take years for the aviation industry to recover from the shutdown and the issues that preceded it. Nearly 20 percent of all air traffic controllers are currently eligible to retire, a figure that rises to 40 percent in the New York City area, Nelson said. Staffing was at a 30-year low before the shutdown. The political uncertainty could easily convince air traffic controllers into cutting their careers short. And the training required for such a difficult job means that replacing these workers will take time.

“If you have a 99.5 percent efficiency rate in a job, people applaud you, you get awards, right?” Nelson explained. “If an air traffic controller has a 99.5 percent efficiency rate, 50 planes go down a day.”

Fewer people managing plane traffic means reduced capacity in the air. That has an economic impact, compounded by the shutdown’s temporary halt on installing improved safety measures like the NextGen modernization—an FAA-led effort to modernize the United States’ transportation system. Even after the shutdown, NextGen has not rolled back to life, Nelson said. “No contractor is going to come to work when they think they’re going to have to shut down in two weeks possibly.”

Amid this economic uncertainty and threat to safety, Nelson has signaled a critical need for worker action. The labor strike is having a renaissance in America. Teachers across the country—even in states like West Virginia where striking is illegal—have withheld their labor to bargain for better pay, conditions and outcomes for their students. Hotel workers at Marriott spent two months on the picket lines this winter to win concessions from management.

As Nelson understands, the willingness of workers to strike has powerful effects. The Association of Flight Attendants resolved a dispute in 1993 with Alaska Airlines—which led to as much as 60 percent pay raises for workers in some cases—by only striking seven flights. The union called it CHAOS: “create havoc around our system.” With air travel so interconnected and interdependent, the ever-present threat of CHAOS has helped lead to labor peace.

The right to strike is a privilege that federal employees are denied; they are legally prohibitedfrom walkouts, and they can be terminated, hit with the loss of a federal pension, and even personally prosecuted for defying the law. “Those federal workers were actually very courageous,” Nelson said. “Because in my view what the White House wanted here was for the workers to strike. They wanted to replace them so they could privatize the entire system.” This is not so far-fetched—President Trump has publicly supported air traffic control privatization.

Nelson believes that the heroic efforts of federal workers to show up to work without pay demands that the labor movement support them with solidarity strikes, part of her desire to shake up the status quo. “If we try to play by the rules, we’re only going to continue to decline,” she said.

Part of Nelson’s power derives from the union she leads. Flight attendants are a uniquely consumer-facing profession that comes into contact with millions of Americans every day. And they share with passengers the indignities of air travel, a by-product of corporate greed and industry consolidation that has left four carriers controlling 80 percent of all domestic routes. With few alternatives for passengers, shrinking seats and overhead bins have heightened tensions in the cabin, and flight attendants are bearing the brunt. According to Nelson, “Our union, our bread and butter issues are absolutely tied up in this overall fight that I think is really about, are we going to be about people or are we going to be about politics and profits?”

In the near term, that fight is translating into mass mobilization against the threat of another shutdown. Nelson’s union is leafleting at airports and communicating to the public between now and February 15 to identify the stakes, and making clear that members are committed to walking out if necessary. They’re also advocating for a permanent end to government shutdowns, and back wages for low-income federal contract workers who were furloughed.

One moment during the previous shutdown has stuck with Nelson, a reminder of the unifying force of cross-sector solidarity. “I was doing interviews on the shutdown in a cab ride” in Washington, D.C., Nelson recalled. “And when I got to the office and went to get out and pay my fare, the cab driver turned around and his chin was shaking and his eyes were watery. And he said, ‘Thank you, I know you’re fighting for me too.’ It was like, oh yeah, there’s been nobody on the streets, and he’s had no fares. And that really shook me, because we don’t really understand how much the effect ripples.”

This notion that we all have a stake in one another’s struggles has driven Nelson’s thinking throughout this government-created crisis, and it’s elevated her to a prominence that could portend a larger role in the future. Nelson begged off such thoughts, insisting that she was focused on saving the lives of her members and airline passengers. But she did leave some room to consider the broader lessons of collective action, in a moment when so many forces are aligned against the working class: “I’m very aware that if we do it well, it’s an opportunity for workers to taste their power.”

This article was originally published at In These Times on February 8, 2019. Reprinted with permission. 

About the Author: David Dayen is an investigative fellow with In These Times‘ Leonard C. Goodman Institute for Investigative Reporting. His book Chain of Title: How Three Ordinary Americans Uncovered Wall Street’s Great Foreclosure Fraud won the 2015 Studs and Ida Terkel Prize. He lives in Los Angeles, where prior to writing about politics he had a 19-year career as a television producer and editor.

Forget Elections—Labor Needs To Get Back to Its Roots

Friday, November 16th, 2018

With the midterms behind us, we have Nov. 4, 2020, to look forward to—labor’s next morning after. On Nov. 5, 2008, we were euphoric and full of delusional hope over the imminent passage of the Employee Free Choice Act and the restoration of labor. On Nov. 9, 2016, we were paralyzed by despair and denial.

At this point, betting our future on the next brutal mating ritual of Republicans and Democrats is not a bet most workers are willing to take. Since the 1950s, union membership decline has been a straight line downward, regardless of which political party is in power. Only 10.7 percent of workers are unionized; an enormous 89.3 percent are not. That’s too low to make much difference for most people in most places—more molecular level Brownian motion than labor movement. No threat to wealth, the wealthy, or powerful. Much worse, no voice or power of, by, or, for workers. Instead, organized labor has become so marginal Donald Trump has been able to usurp its role as the emotional voice for workers.

The economy is doing great—apart from workers. Wages remain stagnant. Forty percent of adults don’t have enough savings to cover a $400 emergency expense such as a car repair or medical crisis. Forty-three percent of families aren’t making enough to cover monthly living expenses. Uncertain work, unpredictable work hours, mandatory overtime, dictatorial bosses, miserable job standards, create day-to-day desperation with psychological and social tolls. The labor market is ripe for an organizing explosion, but it isn’t happening.

Blaming the rich and the Republicans is great sport. The income inequality research industry is booming and there is no need to catalog Republican offenses—they campaign on them. Long ago, labor outsourced its representation in the public sphere to the Democratic Party, and in the process become a dependent franchise and an easy target. But the truth is that the Democrats patronize labor on a good day, sell us out on a bad day, and ignore us on most days. (I speak as a recovering politician, a Democrat who ran and was elected four times to city council in my heavily Republican small town.)

Partisan and competitive thinking insidiously affects behavior. Fifty percent plus one passes for solidarity. Unionists succumb to political speak, sounding like Washington rather than “folks ‘round here.” We blame workers for voting for Republicans. If they’d only voted how we told them, then we could get things done. We estrange ourselves from large chunks of workers while giving ourselves an excuse for failure. We don’t have to do the hard work of building a movement, we only need to win an election.

Maybe we should rethink that.

Instead, start today from where we are and who we are. Simple collective self-representation without institutional, ideological, partisan or monetary artifice. Understanding who and where we are by our own compass; by our own position, not opposition. This requires radical respect for our fellow workers. For lack of a better term, this unadorned organizing is social organizing.

Abundant example are scattered across the globe and buried in history. I witnessed a jarring worker tutorial in social organizing in Poland in 1995, when AFL-CIO desperation over labor’s decline and my good luck resulted in a leave of absence from my elected Central Labor Council job to work in those early post-revolutionary years with Solidarnosc leadership and membership. Ironically, at one point, I was tasked with organizing a conference on American union organizing for Solidarnosc activists. Just as the accomplished, well-educated American organizer sent over by the union began his presentation, one Solidarnosc members interrupted to ask, “What do you mean “organize?” A moment of awkward silence followed. Then, charitably, another Solidarnosc member suggested, “Do you mean, join our organization and we’ll represent you?” The original questioner jumped in, “we had 45 years of that with the Communists.” The workers then came up with their own definition of organizing, “co-creating our own future.” Workers, not the organization, were the of, by, and for.

Post-revolution, the solidarity of Solidarnosc dissipated into political and institutional factions. Still, this incident illuminates the commitment to social organizing that helped spark this transformational worker movement.

When all we have is each other, social organizing is where we start.

Back to basics

Social organizing built the labor movement. When 19th-century American workers had virtually no institutional or political voice or power, they developed both by caring about and for each other. In nearly every inch of America, now-forgotten workers came together with that definition of solidarity.

In 1894, Coxey’s Army of unemployed workers marched on Washington, D.C., to press for defined jobs and meaningful work. As branches passed through cities and towns—including Fort Wayne, Ind., where I work—the Fort Wayne Sentinel reported that local residents lavished them for days with food and social support. That same year the Sentinel reported, during the 1894 streetcar workers strike, housewives directed garden hoses at scabs, horse drawn wagons inexplicably unhitched on the tracks, and riders boycotted the streetcars. Returning the solidarity, striking workers went back to work without pay for one day, Memorial Day, so citizens could visit the graves of their departed. Streetcar workers and the community won that strike.

Thousands of lost histories such as this were the roots of community-based solidarity in industrial America. This populist industrial solidarity spawned and supported Workingmen’s Associations, Knights of Labor chapters, Trade and Labor Councils. In turn, these organizations incubated worker organizing in workplaces and by trades. Local solidarity in railroad towns and company towns built the institutional, political and legal foundations for our now diminished labor movement. The gravity of solidarity drew workers into the inextricably intertwined labor market and community. This culture of solidarity included direct actions such as strikes and boycotts but, more consistently and importantly, direct education of, by, and for workers. Apprenticeships,“lectors” who read news and literature aloud to workers on the job, and intentionally educational union meetings with guest speakers were part of the culture. Railroad and industrial activities were regularly covered in newspapers, with the reporting focused more on workers than bosses or business. Journalists, whether Knights of Labor or just solid reporters, would commonly cover union federation meetings. Union leaders understood their role as representative in the community meant talking to reporters, not hiding from them. Everybody had something to teach and everybody had something to learn and an obligation to do both. A culture of solidarity meant educate to organize and organize to educate.

We could take solace and avoid the hard work of organizing by saying America and the world are different now. Our mid-twentieth century institutions, economy, and democracy have decayed or been hijacked. Our social divisions can feel insurmountable. We’ve been sliced, diced, monetized, politicized and controlled. But are we so special that we now believe we are the first ones to have ever been so seemingly screwed? Or do we try to work through it, experiment based on what we can learn from other times and places and most importantly, each other?

Social organizing after the 2008 Recession

Since 1996, the folks I’ve been working with at the Workers’ Project, a research and education nonprofit, have experimented scores of times with worker representation through social organizing. We are confident and hopeful various configurations of workers have been experimenting elsewhere. We have learned some lessons from our successes and failures.

One instructive experiment focused on unemployed workers’ social organizing for voice and power during and after the Great Recession. A torrent of mostly non-union workers, newly jobless after the economic crash, were overwhelming Indiana’s unemployment offices. The state offices were disinterested or actively hostile toward unemployed workers. Meanwhile, a union foundry in Kendallville, Ind., was closing. Busted up from years of foundry work, the union president, the late Leonard Hicks, was ready to quit working but unwilling to stop representing his folks as their lives became even tougher.

To address both problems, we brought together union and non-union unemployed workers to bargain with the state through a social organizing movement, Unemployed and Anxiously Employed Workers’ Initiative (UAEWI).

First, we listened as workers talked about problems and possibilities. We developed a survey. In the unemployment office parking lot, we surveyed unemployed workers about how the office was doing, giving them a report card style survey to fill out, with a voluntary contact information form. The state immediately called in the police to stop us—claiming that we were trespassing on private property, because the public office was housed on private land. We alerted the media and the state received reams of bad press.

The media coverage revealed to unemployed workers they could have a voice and some grit. They began coming to UAEWI meetings, along with the union foundry workers in Kendallville and other union shops experiencing mass lay-offs.

Our ranks of unemployed included workers with education and experience in sociology. With their assistance, the UAEWI members developed and collected a broader survey. The survey was not for academic publication, or for an institutional or partisan agenda, but instead for collective self-representation. It had real value for public policy discussions. While the political class talk about or for unemployed workers, UAEWI represented themselves.

Membership was determined solely by a worker’s decision to participate in the survey—to voluntarily add their voice to the collective voice. We conducted education and training classes as well as group talk sessions. Within a few months, the State’s unemployment office management found themselves in a union hall across a bargaining table with the UAEWI members. Unemployed workers gained improvements in services including increased staffing and training but most importantly, a change in attitude. Most UAEWI members had never been union members; they learned how collective representation worked.

For seven more years, we continued and broadened annual UAEWI surveys. We gathered responses wherever we found voiceless workers: from folks leaving food banks, township trustee office, social service agencies, a mobile Mexican consulate. Our sampling exceeded 500 workers in 2012 and was conducted in English, Spanish and Burmese. We asked more wide-ranging public policy questions about issues such as economic development.

UAEWI members bargained in the public sphere. They provided local, state, national, and international journalists with reliable data, context, and access to socially organized workers willing to tell compelling stories. Some of the stories supported Peabody and Murrow investigative journalism awards. UAEWI members presented survey report results to other members and the public in very public formats ranging from traditional research reports to semi-theatrical presentations and even cinematic effort. UAEWI members attended and spoke before the local and state Workforce Investment Boards, Fort Wayne City Council, Indiana Economic Development Board meetings.

Just the modest act of asking drew workers out of their isolation and into solidarity. Many UAEWI members were personally transformed as they shaped public policies from the unemployment office to well beyond. They were co-creating their own futures. This was bargaining in the public sphere, bargaining with the state over the terms and conditions of our lives. Bargaining with state is foundational for worker representation in the 21st century, just as it was with Coxey’s Army in the 19th century. The UAEWI effort only updated representation with a bit of worker-driven social science.

In the last four years, learning from UAEWI effort, we have experimented with applying worker-driven social science and applying it to original NLRA intent in workplaces. In labor speak workers develop “non-certified minority status bargaining” with so-called private employers. (This less legalistic, institutional and technocratic organizing was envisioned when the NLRA was first implemented—the work of labor law scholar, the late Clyde Summers, as well as Charles Morris’s in Blue Eagle At Work documents this well.)

We helped workers develop their collective understanding and identity to, from the worm’s eye view, make things better at work. In each case, their self-organizing grew from “solidarity selfies” and a survey of co-workers’ thoughts on the terms and conditions of their employment. It is simultaneously concerted activity under the NLRA and, more importantly, intellectual property owned by the workers. We provided supportive research and education for Latina workers at a manufacturing plant; sub-contracted workers at a retail outlet; and Burmese workers at a manufacturing plant. One group faced unsafe work conditions causing miscarriages. The second faced a classic bullying boss culture. The third faced systematic ethnic and language discrimination.

We provided them access to social science, legal support, and social organizing talent, as well as a place in our community of solidarity. We supported their conversations to develop strategies to negotiate with the boss. They succeeded on their own terms. First the survey process overcame employer-imposed isolation. Workers experienced their own workplace “me too” revelations which led to collective voice. They built their representational power by developing a research report on their work lives that became collectively owned and copyrighted intellectual property with real bargaining value. Each unit could choose to share the findings with whoever they decide in the public-private spectrum: media, government regulators, elected officials, customers, suppliers, competitors, stockholders or, if willing, across the table with the boss.

The Latina factory workers met with the plant owner to present their findings. Safety conditions improved, maternity leaves were granted, healthy babies were born, and little Jose Manuel now attends our events. Some of the workers were fired, most moved on to other jobs, some won legal settlements. Most remain active in the Hispanic Workers Circle.

The subcontracted retail workers successfully confronted top national corporate management. They ended the bullying management culture and maintain an ongoing social “solidarity union” collecting no dues and participating in all Workers’ Project activities.

The Burmese factory workers efforts are ongoing. They constitute a significant portion of our Burmese Workers Circle which is developing as a workers’ and civil rights organization.

Stay tuned for more news: All groups continue full-throated participation in Workers’ Project activities and Fort Wayne’s huge annual Labor Day picnic.

We think collective intellectual property is an intriguing innovation. As workers we are robbed of our intellectual property as employers pick our brains, pick our pockets, only to pick up and leave us jobless. As consumers, our data has collected by others, monetized and politicized at our expense to benefit wealth. Intellectual property we own collectively can help us bargain with anyone in the power spectrum, from private employer to the state.

Owning our own voices and power, collective human agency, is our democracy where we work and where we live. Valuing each other, sharing our experiences, information, ideas, and respect seems a great place to start especially when you are starting at scratch. Social organizing, old school or innovative, is still solidarity.

This blog was originally published at In These Times on November 16, 2018. Reprinted with permission. 

About the Author: Tom Lewandowski is co-founder and director of the Workers’ Project in Fort Wayne, Ind.

Improving Patient Safety: Worker Wins

Thursday, October 4th, 2018

Our latest roundup of worker wins begins with nurses across the country winning new contracts and includes numerous examples of working people organizing, bargaining and mobilizing for a better life.

New Contract for More Than 14,000 California Nurses Includes Improved Protections from Violence and Harassment: Registered nurses at the University of California, members of the California Nurses Association (an affiliate of National Nurses United/NNU) voted overwhelmingly to ratify a new five-year contract. The contract covers more than 14,000 registered nurses at more than a dozen locations. “We are so proud to ratify this historic contract for all registered nurses at UC. Nurses stood together in solidarity and fought back over 60 takeaways that would have directly affected our ability to care for our patients,” said Megan Norman, RN, UC Davis. “We won new language addressing infectious disease and hazardous substances as well as stronger protections around workplace violence and sexual harassment.”

11,000 VA Nurses Ratify New Contract: More than 11,000 registered nurses at 23 hospitals run by the Department of Veterans Affairs, who are represented by the National Nurses Organizing Committee/NNU, voted to ratify a new three-year contract that features workplace violence protections, infectious disease training and emergency preparedness information. “I am very excited about the workplace safety provisions that will improve the safety of our nurses and protect them from violence and injury,” said Irma Westmoreland, registered nurse and National Nurses United board member.

Maine Nurses Win Increased Workplace Safety in New Contract: Neatly 900 members of the Maine State Nurses Association (part of the NNOC/NNU) who work at the Eastern Maine Medical Center (EMMC) ratified a new contract. “This new agreement sets a new bar for quality care and patient safety at our hospital,” said Dawn Caron, bargaining team member and chief union steward for the nurses at EMMC. “When we began this process back in February, we set out to protect the role of our charge nurses and all of the other safe patient care provisions of our contract. The nurses at EMMC are proud to announce that today, we have done exactly that.”

Disneyland Resort Workers Approve Contract with Wage Raise and Bonus: After more than a year and a half of negotiations, Disneyland Resort hotel workers approved a new contract that includes nearly $2 an hour in higher wages and the payment of $1,000 employee bonuses originally announced in January. UNITE HERE Local 11 represents the more than 2,700 hotel workers at Disney covered by the new contract.

UFCW Members at Four Roses Distillery Reach Agreement to End Strike: In September, members of United Food and Commercial Workers (UFCW) Local 10D who work at the Four Roses distillery in Lawrenceburg, Kentucky, won a new agreement after a strike that lasted nearly two weeks. “We’re one big, happy, dysfunctional family around here,” Local 10D President Jeff Royalty said. “You know, just like brothers and sisters, you’ll have some hard feelings from time to time, but they’re short-lived.”

Columbia Postdoctoral Researchers Win Right to Form Union: The National Labor Relations Board ruled that postdoctoral researchers at Columbia can form a union. Official elections are being held this week to determine whether or not the Columbia Postdoctoral Workers become members of the UAW. “We are very excited that the NLRB finally issued the decision that Columbia’s postdoctoral workers can unionize despite the university’s efforts to undermine us,” said Alvaro Cuesta-Dominguez, a member of the postdoctoral worker organizing committee and a second-year postdoc researcher. “We look forward to the opportunity to really have our voices heard.”

Federal Judge Sides with FLOC, Rejects Anti-Union North Carolina Law: U.S. District Judge Loretta Biggs ruled that a North Carolina law limiting union organizing for farmworkers was unconstitutional. “North Carolina’s law is clearly designed to make it harder, if not impossible, for the state’s only farmworkers union to advocate for sorely needed protections against exploitation and bad working conditions,” said Brian Hauss, a staff attorney with the American Civil Liberties Union.

New York Port Authority Workers Win Wage Increase: After a long fight, working people at the New York Port Authority represented by the Retail, Wholesale and Department Store Union/UFCW (RWDSU/UFCW) and UNITE HERE won an increase to a minimum wage of $19 per hour by 2023. The new agreement includes nearly 5,000 catering workers that were excluded from the previous policy. The proposal could impact tens of thousands of workers at other area airports, as well.

ExpressJet Pilots Overwhelmingly Approve New Contract: United Express pilots at ExpressJet Airlines, represented by the Air Line Pilots Association (ALPA), have won a new contract that increases pilot pay. More than 90% of those who voted supported the new three-year deal.

This blog was originally published by the AFL-CIO on October 3, 2018. Reprinted with permission. 

Workplace Deaths Are Rising. Trump-Era Budget Cuts Could Make It Worse.

Monday, June 18th, 2018

In an alarming development in the world of workplace safety, the latest statistics reveal that the number of accidental deaths on the job in America is on the rise, reversing the longer-term trend toward fewer fatal incidents.

The number of deaths hit a total of 5,190 in 2016, up from 4,836 in 2015, according to an April 2018 report by the AFL-CIO. That’s about 14 deaths each day from preventable worker accidents. It’s also the third year in a row that the number has inched up, and the highest death rate since 2010, the labor federation reported.

Workplace safety systems are “definitely in the failure mode,” says Peter Dooley, a consultant with the National Council for Occupational Safety and Health who was worked closely with labor unions over the years. “In the last two years it is getting dramatically worse. It’s just outrageous.” 

The precise reasons for the rise are not simply stated, adds Peg Seminario, AFL-CIO’s long-time director of occupational safety and health. Overall patterns such as very high rates of injury in the logging and construction industries are consistent over time, she says, and there is no single employment trend that accounts for the recent rise. “The numbers are actually down in construction, but they are up almost everywhere else,” she says.

Inadequate enforcement of existing safety rules is the most commonly cited explanation for the rise, Seminario tells In These Times. A Jan. 8 report from NBC News estimates that the Labor Department’s Occupational Safety and Health Administration (OSHA) employs only about 1,000 inspectors to cover all workplaces in America—and that the number of inspectors has declined four percent since President Donald Trump took office. The number of inspectors is far too low to be effective, Seminario suggests, and OSHA has been “under resourced” for years, including during the Obama administration years.

“Construction is a good example. OSHA has a big focus on construction and construction deaths are down. The areas where OSHA has less interest are up,” she says

The figures cited by Seminario and Dooley are taken from the Census of Fatal Occupational Injuries published annually by the Bureau of Labor Statistics. The way the figures are compiled is a problem in itself, Dooley says, because it zealously protects the anonymity of employers. That diverts attention from specific workplace behavior that needs close examination and corrective action to reduce accidental deaths over time, he says. 

The National Council’s answer to this problem is to publish its own “Dirty Dozen” list of employers notable for health and safety problems among their workforces. The Council uses a standard of measurement that includes non-fatal injuries and other factors, but the list stands out in that it names some very well-known companies. For example, the online retailer Amazon is on the list because it has seen seven of its warehouse workers killed since 2013. Lowe’s Home Improvement operations have seen a total of 56 deaths associated with paint stripping chemicals. And the largest garbage disposal company in the United States, Waste Management, has had an excessive number of OSHA citations and fines. Other companies on the list are Tesla Motors and Dine Brands Global (owner of IHOP and Applebee’s restaurants).

“There is injustice in the Bureau of Labor Statistics as a totally anonymous database. There is no public record of who is dying and who the employers are,” Dooley says. The information actually does exist deep in the Labor Department files, he adds, but government policy is to keep this information out of public hands, or for use by safety experts. “This needs to be changed,” he says.

Seminario and Dooley agree that the worker safety signals coming from the Trump administration are troubling, even if the statistics are not up-to-date enough to make a direct link to increased workplace deaths. Trump’s budget proposal last year called for a 21 percent cut in Department of Labor spending, and the initial proposal for this year call for a 9 percent cut. Congress pared back last year’s proposed cut, and is expected to do so again this year, but it is clear that current Labor Department officials have no plans to take the initiative against the rise in workplace deaths, Dooley charges.

In issuing its report, the AFL-CIO noted: “The Trump administration has moved to weaken recently issued rules on beryllium and mine examinations and has delayed or abandoned the development of new protections, including regulations on workplace violence, infectious diseases, silica in mining and combustible dust.”

“At the same time, Congress is pushing forward with numerous ‘regulatory reform’ bills that would require review and culling of existing rules, make costs the primary consideration in adopting regulations, and making it virtually impossible to issue new protections.”

The reference to workplace violence represents one of the most troubling statistics buried in the government reports. According to a press release from the Bureau of Labor Statistics, “Workplace homicides increased by 83 cases to 500 in 2016, and workplace suicides increased by 62 to 291. This is the highest homicide figure since 2010 and the most suicides since the National Census of Fatal Occupational Injuries began reporting data in 1992.”

“It’s a very complicated problem,” observes Seminario. “You can devise safety regulations to avoid common and predictable accidents. But how do you do that with a homicide?”

This article was originally published at In These Times on June 18, 2018. Reprinted with permission. 

About the Author: Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.

The Lessons of the Triangle Shirtwaist Fire Are Still Relevant 107 Years Later

Monday, March 26th, 2018

On March 25, 1911, a fire broke out on the top floors of the Triangle Shirtwaist factory. Firefighters arrived at the scene, but their ladders weren’t tall enough to reach the impacted area. Trapped inside because the owners had locked the fire escape exit doors, workers jumped to their deaths. Thirty minutes later, the fire was over, and 146 of the 500 workers—mostly young women—were dead.

Many of us have read about the tragic Triangle fire in school textbooks. But the fire alone wasn’t what made the shirtwaist makers such a focal point for worker safety. In fact, workplace deaths weren’t uncommon at the time. It is estimated that more than 100 workers died every day on the job around 1911.

A week after the fire, Anne Morgan and Alva Belmont hosted a meeting at the Metropolitan Opera House to demand action on fire safety, and people of all backgrounds packed the hall. A few days later, more than 350,000 people participated in a funeral march for those lost at Triangle.

Three months later, responding to pressure from activists, New York’s governor signed a law creating the Factory Investigating Commission, which had unprecedented powers. The commission investigated nearly 2,000 factories in dozens of industries and, with the help of such workers’ rights advocates as Frances Perkins, enacted eight laws covering fire safety, factory inspections, and sanitation and employment rules for women and children. The following year, they pushed for 25 more laws—entirely revamping New York State’s labor protections and creating a state Department of Labor to enforce them. During the Roosevelt administration, Perkins and Robert Wagner (who chaired the commission) helped create the nation’s most sweeping worker protections through the New Deal, including the National Labor Relations Act.

The shirtwaist makers’ story inspired hundreds of activists across the state and the nation to push for fundamental reforms. And while there have been successes along the way, the problems that led to the Triangle fire are still present today. It was just five years ago, for instance, that the Rana Plaza collapse in Bangladesh killed more than 1,100 garment workers.

As worker health and safety continues to be a significant issue both in the United States and abroad, the AFL-CIO took a strong stand at our 2017 Convention, passing a resolution on worker safety:

The right to a safe job is a fundamental worker right and a core union value. Every worker should be able to go to work and return home safely at the end of the day.

Throughout our entire history, through organizing, bargaining, education, legislation and mobilization, working people and their unions have fought for safe and healthful working conditions to protect workers from injury, illnesses and death. We have made real progress, winning strong laws and protections that have made jobs safer and saved workers’ lives.

Over the years, our fight has gotten harder as employers’ opposition to workers’ rights and protections has grown, and attacks on unions have intensified. We haven’t backed down. Most recently, after decades-long struggles, joining with allies we won groundbreaking standards to protect workers from silica, beryllium and coal dust, and stronger protections for workers to report injuries and exercise other safety and health rights.

Now all these hard-won gains are threatened. President Trump and many Republicans in Congress have launched an aggressive assault on worker protections.

The worker protections under assault include:

  • Trump’s proposed fiscal year 2019 budget cuts funding for the Department of Labor by 21%, including a 40% cut in job training for low-income adults, youth, and dislocated workers and the elimination of the Labor Department’s employment program for older workers.
  • The budget also proposes to cut the Occupational Safety and Health Administration budget, eliminate OSHA’s worker training program and cut funding for coal mine enforcement, while proposing a 22% increase for the Office of Labor-Management Standards’ oversight of unions.
  • The budget also proposes to slash the National Institute for Occupational Safety and Health’s job safety research budget by 40%, to move NIOSH to the National Institutes of Health from the Centers for Disease Control and Prevention, and to remove the World Trade Center Health Program from NIOSH’s direction.
  • OSHA delayed the effective date of the final beryllium standard originally issued in January 2017. Then it delayed enforcement of the standard until May 11, 2018. In June 2017, OSHA proposed to weaken the beryllium rule as it applies to the construction and maritime industries.
  • OSHA delayed enforcement of the silica standard in construction, which in December was fully upheld by the U.S. Court of Appeals for the District of Columbia Circuit.
  • OSHA delayed the requirement for employers to electronically report summary injury and illness information to the agency set to go into effect on July 1, 2017, until December 31, 2017. OSHA has announced it intends to issue a proposal to revise or revoke some provisions of the rule.
  • OSHA withdrew its policy that gave nonunion workers the right to have a representative participate in OSHA enforcement inspections on their behalf.
  • The Mine Safety and Health Administration delayed the mine examination rule for metal and nonmetal mines from May 23, 2017, until Oct. 2, 2017, and then again until March 2, 2018. MSHA also proposed weakening changes to the rule, including delaying mine inspections until after work has begun, instead of before work commences.
  • In November 2017, MSHA announced it would revisit the 2014 Coal Dust standard to examine its effectiveness and whether it should be modified to be less burdensome on industry. This comes at the same time NIOSH reported 400 cases of advanced black lung found by three clinics in Kentucky.
  • OSHA withdrew over a dozen rules from the regulatory agenda, including standards on combustible dust, styrene, 1-bromopropane, noise in construction and an update of permissible exposure limits.
  • The agency also suspended work on critical OSHA standards on workplace violence, infectious diseases, process safety management and emergency preparedness.
  • MSHA withdrew rules on civil penalties and refuge alternatives in coal mines from the regulatory agenda and suspended work on new standards on silica and proximity detection systems for mobile mining equipment.

The Triangle Shirtwaist tragedy took place 107 years ago today. We have a long way to go to make sure that we prevent the next such tragedy and keep working people safe and healthy.

Women Deserve a Raise

Thursday, March 8th, 2018

Today is International Women’s Day, and there is no better time to lift up the role unions play in achieving economic equality for women. The Institute for Women’s Policy Research recently released a brief, titled The Union Advantage for Women, which quantifies the benefits of union membership for working women, and the numbers don’t lie!

 IWPR estimates that the typical union woman makes a whopping 30% more per week than her nonunion sister. The benefits of unions are greatest for women of color, who otherwise face stronger economic barriers than their white counterparts. Latina union members make an estimated 47% more than Latinas who are not union members, and the union wage premium for black women is about 28%. For comparison, the union difference for men overall is not as large; union men make about 20% more than nonunion men.

So what’s behind the union advantage? When working women come together (and with our male allies), we are able to bargain for the wages we deserve, robust benefits, and respect and dignity on the job. Outside of the workplace, unions fight for state and local policies such as paid sick leave, family and medical leave insurance, fair schedules, and raising the minimum wage—all which disproportionately benefit women and their families.

Ladies, we deserve a raise! And it starts with a voice and power on the job.

Trump Administration Should Rescind Proposal That Allows Bosses to Pocket Working People's Tips

Thursday, February 15th, 2018

As we previously reported, President Donald Trump’s Labor Secretary Alexander Acosta announced a new proposed regulation to allow restaurant owners to pocket the tips of millions of tipped workers. This would result in an estimated $5.8 billion in lost wages for workers each year?wages that they rightfully earned.

And most of that would come from women’s pockets. Nearly 70% of tipped workers are women, and a majority of them work in the restaurant industry, which suffers from some of the highest rates of sexual harassment in the entire labor market. This rule would exacerbate sexual harassment because workers will now depend on the whims of owners to get their tips back.

In a letter to Congress, the AFL-CIO opposed the rule change in the strongest possible terms, calling for the proposal to be rescinded:

Just days before the comment period for this [Notice of Proposed Rulemaking] closed, an extremely disturbing report appeared indicating that analysis of the costs and benefits in fact occurred, but was discarded. On Feb. 1, 2018, Bloomberg/BNA reported that the Department of Labor “scrubbed an unfavorable internal analysis from a new tip pooling proposal, shielding the public from estimates that potentially billions of dollars in gratuities could be transferred from workers to their employer.” Assuming these reports are correct, the Department of Labor should immediately make the underlying data (and the analyses that the Department conducted) available to the public. We call on the Department of Labor to do so immediately and to withdraw the related Notice of Proposed Rulemaking.

The AFL-CIO strongly urges the Department to withdraw the proposed rule, and instead focus its energies on promoting policies that will improve economic security for people working in low-wage jobs and empower all working people with the resources they need to combat sexual harassment in their workplaces.

The Department of Labor must provide an estimate of its proposed rules’ economic impact. However, while suspiciously claiming that such an analysis was impossible, it turns out that this wasn’t true:

Senior department political officials—faced with a government analysis showing that workers could lose billions of dollars in tips as a result of the proposal—ordered staff to revise the data methodology to lessen the expected impact, several of the sources said. Although later calculations showed progressively reduced tip losses, Labor Secretary Alexander Acosta and his team are said to have still been uncomfortable with including the data in the proposal. The officials disagreed with assumptions in the analysis that employers would retain their employees’ gratuities, rather than redistribute the money to other hourly workers. They wound up receiving approval from the White House to publish a proposal Dec. 5 that removed the economic transfer data altogether, the sources said.

The move to drop the analysis means workers, businesses, advocacy groups and others who want to weigh in on the tip pool proposal will have to do so without seeing the government’s estimate first.

Democrats in Congress quickly responded that the rule change should be abandoned, as the new rule would authorize employers to engage in wage theft against their workers. Sen. Elizabeth Warren (D-Mass.) said:

You have been a proponent of more transparency and economic analysis in the rulemaking process. But if DOL hid a key economic analysis of this proposed rule—and if [Office of Management and Budget] officials were aware of and complicit in doing so—that would raise serious questions about the integrity of the rule itself, and about your role and the role of other OMB officials in the rulemaking.

Take action today and send a letter to Congress asking it to stop Trump’s tip theft rule.

This blog was originally published at AFL-CIO on February 15, 2018. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.

King and Meany Brought Civil Rights and Labor Together for a Legacy That Continues Today

Monday, January 15th, 2018

Beginning in 1960, Dr. Martin Luther King Jr. and then-President George Meany of the AFL-CIO began a relationship that would help bring the labor and civil rights movements together with a combined focus on social and economic justice.

Meany was an outspoken defender of individual freedom, and in March 1960, he emphasized the crucial link between the union and the civil rights movements. He told an AFL-CIO gathering, “What we want for ourselves, we want for all humanity.” Meany met with King to privately discuss how they could work together. King proposed that the AFL-CIO invest pension assets in housing, to help lessen economic inequality. The AFL-CIO then established the Investment Department in August 1960 to guide union pension funds to be socially responsible investors.

The next year, King spoke to the AFL-CIO Executive Council, comparing what labor had achieved to what the civil rights movement wanted to accomplish: “We are confronted by powerful forces telling us to rely on the good will and understanding of those who profit by exploiting us. They resent our will to organize. They are shocked that active organizations, sit-ins, civil disobedience, and protests are becoming every day tools just as strikes, demonstrations, and union organizations became yours to insure that bargaining power genuinely existed on both sides of the table.” At the AFL-CIO Constitutional Convention later that year, Meany made civil rights a prominent item on the agenda, and King spoke to the delegates about uniting the two movements through a common agenda, noting that African Americans are “almost entirely a working people.”

Not only did the AFL-CIO provide much-needed capital to the civil rights movement, but numerous affiliates did as well. Several combined to give more than $100,000 to King’s Southern Christian Leadership Conference. The UAW directly funded voter registration drives in predominantly African American areas throughout the South and paid bail money for jailed protesters. Meany and the AFL-CIO also used their considerable political influence in helping to shape the Civil Rights Act of 1964 and Voting Rights Act of 1965.

Union activists were a key part of the March on Washington for Jobs and Freedom as well. The Industrial Union Department of the AFL-CIO endorsed the march, as did 11 international unions and several state and local labor councils. A. Philip Randolph, then-president of the Brotherhood of Sleeping Car Porters, was a key organizer of the event. UAW President Walter Reuther was a speaker at the march, condemning the fact that African Americans were treated as second-class economic citizens.

King’s final act in pursuit of social and economic justice was in support of the sanitation strike in Memphis, Tennessee. After his death, then-President Lyndon B. Johnson sent the undersecretary of labor to settle the strike, and the city acceded to the demands of the working people, leading to the creation of AFSCME Local 1733, which still represents sanitation workers in Memphis.

In 1964, Meany sent a letter to all AFL-CIO affiliates outlining an new pathway that would directly support housing construction and homeownership. In 1965, the Investment Department helped establish the Mortgage Investment Trust, which was the formal embodiment of the socially responsible investment plan and gave a boost to badly needed affordable housing construction. In 1984, the Mortgage Investment Trust was replaced by the AFL-CIO Housing Investment Trust, one of the first socially responsible investment funds in the United States. Since it was created, the HIT has grown to more than $4.5 billion in net assets and has helped finance more than 100,000 affordable housing units and helped create tens of thousands of union jobs.

The partnership between civil rights and labor launched by King and Meany has helped the country make great strides in the intervening years, and the partnership continues.

This blog was originally published at AFL-CIO on January 12, 2018. Reprinted with permission.

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.

Workers' lives take a back seat under Donald Trump

Wednesday, January 10th, 2018

America’s bad bosses can’t help but get the message from the Trump administration: your workers’ safety is not a priority.

In the months after President Donald Trump took office, the Occupational Safety and Health Administration lost 40 inspectors through attrition and made no new hires to fill the vacancies as of Oct. 2, according to data obtained through a Freedom of Information Act request.

The departing inspectors made up 4 percent of the OSHA’s total federal inspection force, which fell below 1,000 by early October.

In 2015, OSHA only had enough inspectors to inspect workplaces once every 845 years, according to the AFL-CIO’s Death on the Job report, which meant that most workplaces would only see an inspector after something terrible happens. At this rate, even that won’t be a sure thing in a few years.

This blog was originally published at DailyKos on January 8, 2018. Reprinted with permission. 

About the Author: Laura Clawson is labor editor at DailyKos.

AFL-CIO Joins CWA Call for $4,000 Wage Increase for Working People

Wednesday, December 13th, 2017

The Donald Trump administration repeatedly has claimed that its tax bill would result in a $4,000 wage increase for working people. Today, the AFL-CIO has joined a campaign by the Communications Workers of America (CWA) to demand corporations guarantee this raise in writing. The labor federation is rallying the power of its 12.5 million members and the entire union movement to support this campaign in every industry.

AFL-CIO President Richard Trumka said:

CWA has inspired an innovative movement to demand working people get our fair share and expose the scam that is the Republican tax bill. Working people have heard the same old lies about the benefits of economic policies written by and for greedy corporations for too long. This campaign is about holding corporations and politicians accountable to their claims and getting a much-needed raise for America’s workers.

On Nov. 20, CWA sent a letter to its major employers, including AT&T, Verizon, General Electric Co., American Airlines and NBC Universal, calling on them to commit to that raise in writing. In joining the CWA’s efforts, the AFL-CIO is encouraging all unions from all sectors to join in by reaching out to their employers and encouraging all working people to sign a petition that puts employers on notice that they will be held accountable if the Republican tax bill becomes law. 

In a powerful op-ed, CWA President Christopher Shelton laid out how the Republican tax scam would hurt working people and increase the deficit by more than $1 trillion:

Republicans are on the brink of passing a massive tax overhaul, and it’s looking like the biggest con of the Trump era so far. And that’s saying a lot.

The legislation being jammed through by the House and Senate Republicans is a tax giveaway to corporations and the richest 1 percent, paid for by working and middle-income families.

Across the board, working people will be hurt by this plan, whether by the new incentives to corporations to send U.S. jobs overseas, the loss of the medical expense deduction, new taxes imposed on education benefits, the inability to deduct interest on student loans, the loss of state and local tax deductions, or the forced budget cuts to Medicare, transportation, health care and other critical programs.

Despite the double-talk from Republicans anxious to sell this plan, it’s not hard to figure out who Republicans really want to help. Why else would tax cuts for corporations and tax changes that benefit the wealthiest Americans—like the estate tax—be permanent, while individual tax cuts for middle-income families are only temporary?…

Working people know better than to believe the boss’ promises unless they are in writing. That’s why my union has asked some of our biggest employers to sign an agreement that says if the tax plan passes, working people will get their $4,000.

This blog was originally published by the AFL-CIO on December 12, 2017. Reprinted with permission. 

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