Posts Tagged ‘Wal Mart’
Tuesday, July 30th, 2013
Early this morning, fast food workers in New York, St. Louis and Kansas City, Mo. launched strikes demanding both a wage increase to $15 an hour—from a median of $8.94—and the right to form unions without employer interference.
Later this week, workers in Chicago, Milwaukee, Detroit and Flint, Mich., will also go out on strike, expanding the reach of the movement of fast food workers (and, in Chicago, retail workers) that started with protests in New York and Chicago last year and grew into a series of one-day strikes throughout 2013. In Flint and Kansas City, strikes are taking place for the first time; in other cities, strikes will expand to target new franchises.
Organizers anticipate that thousands of fast food workers will join in the strikes, which coincide with heightened public awareness of wage stagnation and economic inequality. Some strikers may stay out longer than a single day.
The fast food strikes are part of a broader movement by low-wage workers for higher pay and union representation that has caught fire over the past year.
Targets include a range of employers, including Wal-Mart, federal subcontractors, warehouses, retail stores and car washes. Workers have typically formed loose local organizing committees that, with financial and logistical support from unions and community groups are growing into national networks, most prominently OUR Walmart.
This low-wage service and retail worker movement has tapped into a vein of discontent. But it has also created hopes for change through the fledgling campaign’s remarkable success with imaginative tactics.
“I’ve always dreamt about a moment like this,” says Terrance Wise, a 34-year old fast food worker and father of three in Kansas City. “But what am I going to do by myself? There’s strength in numbers. It’s a beautiful thing, a positive thing, that’s going to change this country. … My job should be a good job.”
Although he works long hours at his two part-time jobs—8 years at Burger King (now for $9.35 an hour) and 2 years at Pizza Hut (for $7.45)—and his wife also has a low-wage job as a home healthcare aide, Wise struggles to make ends meet. He recently lost his house to foreclosure and had to move in with relatives.
Overall conditions in the industry have not changed as a result of the movement, but some workers have won improvements. In Chicago, organizers say, workers at some McDonald’s and Macy’s locations received modest pay increases after the April strike. Dock worker Andrew Little, 26, said that managers raised pay from $9 to $11.26 an hour for him and his coworkers after they participated in the Chicago strike.
“I was honestly shocked,” he said. “We told ourselves it wouldn’t happen overnight. My first thought was the strike really did have an effect.” But Little remains focused on his “main goal”: to form a union. “We want both a raise and to sit down with management and talk about how we can better serve the store and the store can better serve us,” he says.
As happy as he is with his raise, he is especially pleased that no striker was fired or disciplined. “That’s the best part,” he said. Like other strikers, he returned to work accompanied by supporters—a dozen community representatives, clergy and organizers—who insisted that he should not suffer any retaliation. Workers have a real fear of being fired, Little says, but that can be prevented “if enough of us all stand up and demand respect.”
Not all employers responded positively, at least not at first. After strikes in St. Louis in May, some participating workers lost hours, pay, shifts or promised transfers, according to Jobs With Justice leader Rev. Martin Rafanan. But Jobs With Justice delegations went to the restaurants and talked with managers, corporate representatives or even, in one case, the corporate general counsel. “All of the cases were resolved in favor of the workers by the well-coordinated responses of community leaders,” he says.
There’s only one documented case of a striker being fired during this year’s wave of fast food job actions: Greg Reynoso, from a Brooklyn Domino’s. Fast Food Forward, the New York branch of the movement, responded by making his employer the first target of the current strike. On Friday, organizers report, 14 of 15 Domino’s delivery drivers did not show for work, effectively shutting down the operation on its busiest night. Meanwhile, roughly 60 supporters, including U.S. Rep. Nydia Velázquez (D-N.Y.), gathered outside the Domino’s to protest Reynoso’s dismissal.
The actions come at a time when issues of inequality and the minimum wage have taken the national stage. President Obama is on tour giving high-profile speeches on economic inequality, and a Hart Research poll shows that 80 percent of the public supports the proposal by Sen. Tom Harkin (D-Iowa) and Rep. George Miller (D-Calif.) to raise the federal minimum wage from $7.35 to $10.10 in three steps.
Fast-food workers’ poverty wages were spotlighted last week when everyone, from Stephen Colbert to The Atlantic, made sport of McDonald’s for unintentionally debunking its own claims that it provides a living wage. A model budget McDonald’s created for its workers recommended holding two jobs (which is tricky with fast-food jobs, which require workers to be available on-call) and included nothing for heating, far less for health insurance than the cheapest McDonald’s plan, and other fantasies. Implicitly, the budget showed what strikers know: it’s hard to make ends meet on less than $15 an hour.
This article originally appeared on Working in These Times on July 29, 2013. Reprinted with permission.
About the Author: David Moberg is a senior editor of In These Times, and has been on the staff of the magazine since it began publishing in 1976.
Wednesday, July 17th, 2013
As we wait for Washington, D.C., Mayor Vincent Gray to decide whether to sign or veto the Large Retailer Accountability Act passed by the city council, business lobby groups are insisting that DC’s push to make big box stores pay a living wage of $12.50 an hour is an isolated occurrence, not a sign of things to come:
“This fight in D.C. is being driven by local D.C. politics more than a national agenda,” David French, senior vice president for government relations at the National Retail Federation, told POLITICO.Justin Wilson of the business-funded Center for Union Facts said he believes no national movement will come from the D.C. battle. “I don’t foresee (a national movement) happening,” Wilson said.
Right, and the fight that kept Walmart out of Brooklyn last year was driven by local New York City politics, and the fight to keep Walmart out of Chinatown in Los Angeles is driven by local Los Angeles politics, and the failed effort—passed by the city council and vetoed by then-Mayor Richard Daley—to institute a similar large retailer living wage in Chicago as Walmart was moving in was driven by local Chicago politics. Point being, as Walmart tries to move into cities, the politics are different from its traditional suburban and rural locations. So the whole “just an isolated thing, not going to be replicated anywhere” insistence rings a little hollow.
That’s not to say Walmart doesn’t have the power to push itself into many cities, as it did Chicago. But the opposition is a lot more organized. And with good reason. Trying to move into D.C., Walmart went on a charm offensive, donating millions of dollars to local charities and talking up the great jobs it would allegedly create. But:
[Living wage organizer Mike] Wilson says that activists and community leaders met with Wal-Mart representatives soon after the company announced its intentions to move into D.C., but that it became clear Wal-Mart had no interest in negotiating any kind of binding agreement concerning workers’ wages or benefits. Wal-Mart may have told a group of church leaders it would pay $13 an hour, but on other occasions, the company cited its average pay of $12.78 to activists—a number that made Wilson and others suspicious. That figure, which excludes part-time workers and includes department managers, ishighly disputed.
Walmart can’t be trusted, so Walmart faces a fight. In fact, Walmart drives wages down for workers at other retailers in areas where Walmart stores open, so a $12.50 minimum wage at Walmart and other large retailers in Washington, D.C., would help protect wages at existing smaller stores.
Tell Washington, D.C., Mayor Vincent Gray that his city’s big box workers deserve a living wage.
This article was originally posted on The Daily Kos on July 16th 2013. Reprinted with permission.
About the Author: Laura Clawson is the labor editor at the Daily Kos.
Thursday, January 31st, 2013
Oddly, the top international cyclist—Lance Armstrong—and the top international retailer—Wal-Mart—revealed last week that they have much in common.
No, not doping.
It’s their dopey concept of the atonement process.
Armstrong, already punished for misdeeds he’d denied, took to television on Thursday to finally confess. But he didn’t apologize. He didn’t follow the redemption steps: admission and regret; a pledge to reform and a plea for forgiveness, then penance. Wal-Mart didn’t follow those steps either. Its CEO made national news last week when he announced the retail giant would hire 100,000 veterans over the next five years and buy $50 billion more in American-made products over the next 10. But Wal-Mart has never admitted wrongdoing or expressed remorse.
More American manufacturing and more jobs are always good. Thank you, Wal-Mart.
But, like Armstrong’s admission, Wal-Mart’s announcement was met with skepticism because the retailer skipped atonement steps. Meaningless to the economy, The Atlantic wrote of the Wal-Mart promise. “A public relations stunt,” Time wrote.
Wal-Mart has much for which to atone. There is, for example, its leadership in blocking an effort to improve safety at factories in Bangladesh, where 112 workers would later die in a fire; its serial bribing of Mexican officials to circumvent regulations, and its snubbing of American warehouse laborers who are seeking better working conditions.
Let’s start in Bangladesh. There, Wal-Mart buys more than $1 billion in garments each year. The lure is the lowest garment factory wages in the world—$37 a month. But that’s not enough. Wal-Mart and other garment purchasers demand such low prices from Bangladesh factories that managers cut costs in ways that endanger workers.
After two Bangladesh factory fires in 2010 killed 50 workers, labor leaders, manufacturers, government officials and retailers like Wal-Mart met in the Bangladesh capital. A New York Times investigation found that Wal-Mart was instrumental in blocking a plan proposed at that April 2011 meeting for Western retailers to finance fire safety improvements.
Just a little over 18 months later, 112 garment workers died in a horrific fire at the Tazreen factory in Bangladesh, where inspections repeatedly had revealed serious fire hazards. The New York Times found that during those 18 months, six Wal-Mart suppliers had used the Tazreen factory. In fact, in the two months before the fire, the Times found that 55 percent of Tazreen factory production was devoted to Wal-Mart suppliers.
A month after the fatal fire, a Wal-Mart executive promised the company would not buy garments from unsafe factories, but the giant retailer hasn’t offered any solution for improving conditions in Bangladesh factory fire traps, and a Wal-Mart executive has admitted the industry’s safety monitoring system is seriously flawed.
Now, let’s go to Mexico. There, Wal-Mart executives routinely bribed government officials to get what the retailer wanted—mostly permits to locate Wal-Mart stores, according to a massive New York Times investigation that involved gathering tens of thousands of documents regarding Wal-Mart permits. Times reporters David Barstow and Alejandra Xanic von Bertrab wrote last December:
“Wal-Mart de Mexico was an aggressive and creative corrupter, offering large payoffs to get what the law otherwise prohibited. It used bribes to subvert democratic governance …It used bribes to circumvent regulatory safeguards that protect Mexican citizens from unsafe construction. It used bribes to outflank rivals.”
After being informed of the bribes by someone involved, Wal-Mart briefly investigated but then squelched that inquiry. Now Wal-Mart is under investigation by the U.S. Justice Department and Securities and Exchange Commission.
Here in the United States, workers at warehouses contracted by Wal-Mart in Southern California and Joliet, Ill., walked off the job last year protesting low pay, lack of benefits, unsafe working conditions and faulty equipment. Wal-Mart indicated it might discuss solutions with the workers, but last week, the retail giant rebuffed them.
Wal-Mart’s promise of 100,000 jobs for veterans is a good thing. Even if some of those jobs will be part-time. Even if the average Wal-Mart wage is $8.81 an hour —$15,576 a year—hardly enough for a veteran, or anyone else, to live on. Even if Wal-Mart will pay less than half those wages because the federal government will give companies that hire veterans tax credits of up to $9,600 a year for each veteran they employ.
Wal-Mart’s promise to buy an additional $5 billion a year in American-made products is a good thing. Even if $5 billion is a tiny number to Wal-Mart, which sold $444 billion worth of stuff last year. Even if Wal-Mart’s demand for ever decreasing prices from suppliers is the reason many say they moved factories overseas where laborers are overworked, underpaid and endangered and where environmental are fire safety laws are ignored. Even if Wal-Mart is buying more American not out of patriotism but because it makes sense financially with both foreign wages and transportation costs rising.
More American manufacturing and more jobs are always good. Thank you, Wal-Mart.
But Wal-Mart and Armstrong shouldn’t be surprised if their schemes don’t win them reconciliation with the American people. Armstrong’s failure to apologize reinforced the sense that he fessed up now only to secure the reprieve he wants from his punishment, from his banishment from certain sports. And Wal-Mart’s failure to even acknowledge that it has not been a perfect yellow smiley face of a corporation only evokes cynicism about its motives. No remorse, no redemption.
Full disclosure: The United Steelworkers union is a sponsor of In These Times.
This article was originally published by Working In These Times on January 22, 2013. Reprinted with Permission.
About the Author: Leo Gerard is the president of the United Steelworkers International union, part of the AFL-CIO. Gerard, the second Canadian to lead the union, started working at Inco’s nickel smelter in Sudbury, Ontario at age 18. For more information about Gerard, visit usw.org.
Wednesday, December 5th, 2012
Finally, someone is holding Walmart directly accountable for the abuse of workers in its contracted warehouses. “Recent discovery has established that Walmart bears ultimate responsibility for the violations of state and federal law committed against plaintiff warehouse workers,” said a court document filed in Los Angeles.
Walmart Targeted In Warehouse Worker Lawsuit – Huffington Post
“Wal-Mart employs a network of contractors and subcontractors who have habitually broken the law to keep their labor costs low and profit margins high. We believe Wal-Mart knows exactly what is happening and is ultimately responsible for stealing millions of dollars from the low-wage warehouse workers who move Wal-Mart merchandise.”
Warehouse Workers Sue Wal-Mart for Back pay and Damages – ABC News/Univision
Corporate Welfare: instead of taking a small partition of their record profits, or slightly cutting CEO pay to help out their workers, Walmart wants YOU, the taxpayer, to pay for its workers’ healthcare. Just one more reason Walmart workers, and the population at large, are standing up to Walmart.
Walmart Wants Taxpayers to Pick Up Health Care Costs – Truth Dig
Walmart wants you to think its workers love the store and love their jobs. If that’s the case, why are there unprecedented protests against the mega retailer spanning the country? Why is the store facing a lawsuit from contracted warehouse workers? Since Walmart has given us no real evidence that its workers love the store, maybe we are just supposed to take Walmart’s word for it?
Walmart Wants You To Know That Their Workers ‘Love Their Jobs’ – Huffington Post
This post was originally posted on Change to Win on Monday, December 3, 2012. Reprinted with Permission.
About the Author: J Lefkowitz: Change to Win is a Strategic Organizing Center which focuses on using its “strength in numbers to reclaim the American Dream.” It’s target is middle class and working class Americans to hold corporations and other large entities in our modern society accountable. You can learn more about Change to Win here.
Wednesday, November 21st, 2012
James Vetato planned to spend Black Friday wearing out shoe leather on a picket line at the Southside Walmart in Paducah, Ky.
“Now I’ll be there Thanksgiving night, too,” Vetato said. “Walmart has announced it will be open at 8 p.m. Thanksgiving night, which will prevent a lot of the associates from spending the holiday with their families.”
Vetato, 47, is an organizer with OUR Walmart—Organization United for Respect at Walmart—a national association of current and former Walmart employees, several thousand strong, who will be walking picket lines and striking at dozens of Walmart stores across the country on Turkey Day and Black Friday.
OUR Walmart wants to shine a national spotlight on Walmart’s abuse of its workers, Vetato said. The organization chose the day after Thanksgiving because it is the busiest shopping day of the year.
We are fighting to win respect and improve working conditions for all associates.
Vetato, who worked at the store he will be picketing, hopes OUR Walmart will become a union.
Before I worked at Walmart I wasn’t that big on unions. I didn’t think a union was a bad thing. I just didn’t know anything about unions. Now I think every workplace should be unionized.
According to Vetato, OUR Walmart has about 15 members in historic Paducah, where the Tennessee and Ohio rivers merge. “We’re relatively new so we’re not that big. But our numbers are growing.”
Vetato said the United Food and Commercial Workers (UFCW) union is providing financial backing and other valuable help to OUR Walmart, some of whose members, including Vetato, have demonstrated at Walmart corporate headquarters in Bentonville, Ark.
AFL-CIO-affiliated unions support Vetato’s group, too. “We stand in solidarity with the Walmart workers and will be glad to help them in any way we can,” said United Steelworkers (USW) Local 9447 President Jeff Wiggins, who is also president of the Paducah-based Western Kentucky AFL-CIO Area Council.
Vetato said fear is keeping more Walmart workers from joining OUR Walmart.
There aren’t that many jobs around here. But Walmart has pushed people so hard, they have decided enough is enough and they are not going to take it anymore.
Vetato said management drove him to quit the Southside store after two years.
It all started after I was speaking with an associate in the back room who was complaining about the way things were. I said things would be better if everybody stood together and took our problems to management.
A manager overheard the conversation, according to Vetato. “He said he was sick of my kind coming into the store and undermining what he was doing. He doubled my workload and cut my hours.”
But what really made me say ‘enough is enough’ was when he made some inappropriate comments about my 15-year-old daughter. I complained to the store manager and he told me he didn’t have time to micromanage the store.
James Vetato and son.
Vetato has worked at odd jobs since he left Walmart in October 2011. “When I apply some place and say I worked at Walmart and they call Walmart, I suspect Walmart won’t give me a good recommendation,” he said.
Meanwhile, the OUR Walmart actions began in October in Southern California when, for the first time ever, employees went on a one-day strike. Said Vetato:
Across the country, Walmart employees have filed many, many unfair labor practice charges against the company because of the way the company is treating them. Walmart refuses to address our concerns, even those that would help the company. If you speak out, you face retaliation.
Walmart, which is fiercely anti-union, has put out training videos aimed at discrediting OUR Walmart, according to Vetato. “They say all we are trying to do is take your money and get your personal information and cause trouble.”
Vetato said Walmart’s current business model includes canceling profit sharing for associates, increasing their health care costs by 36% and reducing their hours.
They are really trying to push full-time and older employees out the door and replace them with younger and part-time people.
This article was originally posted on AFL-CIO NOW on November 21, 2012. Reprinted with permission.
About the Author: Berry Craig is a recording secretary for the Paducah-based Western Kentucky AFL-CIO Area Council and a professor of history at West Kentucky Community and Technical College, is a former daily newspaper and Associated Press columnist and currently a member of AFT Local 1360.
Friday, October 5th, 2012
Early on Friday, three dozen non-union workers at a large Walmart warehouse near Riverside, Calif., ended a 15-day walkout protesting poor working conditions. But outside of Chicago, another group of Wal-Mart warehouse workers continue to strike and have called for hundreds of supporters to join them in non-violent civil disobedience at a rally at the huge facility on Monday.
The southern California workers, most of whom earn minimum wage, cited family financial problems as one reason for discontinuing the strike. The decision was made upon their return from a six-day, 50-mile “WalMarch” to downtown Los Angeles to call attention to appalling safety problems and working conditions in the vast Inland Empire warehouse industry.
The spontaneous California work stoppage helped inspire the Sept. 15 walkout by 30-plus workers at Wal-Mart’s huge Elwood, Ill. warehouse. The Illinois workers were angry about poor working conditions and apparent retaliation by their employer, a Wal-Mart contractor, against four workers who filed a lawsuit over subminimum wages.
The lawsuit is the sixth filed by Elwood workers in three years. Three prior suits have resulted in settlement payments to workers. The latest claims that Roadlink Workforce Solutions–one of four subcontractors providing long-term “temporary” workers to Schneider Logistics, which operates the warehouse for Wal-Mart–frequently failed to pay overtime and minimum wage, in violation of federal, state and local laws.
Workers at both the Illinois and California warehouses have similar complaints: wage theft, harassment, safety hazards, being denied breaks, and working in extreme temperatures with inadequate water. California’s workplace safety agency, CalOSHA, is investigating the Southern California warehouse in response to a complaint filed by workers about working conditions and excessive heat. It may soon pursue an additional complaint about repetitive motion injuries.
Workers have been less successful in getting their complaints heard directly by Wal-Mart. They face a complex structure of authority and responsibility created by the company, with layers of contractors between workers and Wal-Mart management. In response, workers have filed numerous requests with Wal-Mart to enforce its code of conduct throughout its supply chain.
About ten days ago Walmart told some news outlets, including Huffington Post, that it would review contracts and look into third-party monitoring of all contractors, a small step towards taking responsibility. But it did not sign any agreement with either group of strikers.
And when the Southern California workers returned to the job Friday–receiving high-fives from non-striking workers–they found that some of the safety problems remained. The workers alerted management, which shut down the unsafe areas of the warehouse.
“They feel they have a stronger voice now over working conditions,” says Elizabeth Brennan, spokesperson for Warehouse Workers United, a project of Change To Win, a union federation trying to improve work for the 85,000 people employed at warehouses in southern California. While they feel they’ve won a big victory–”a step forward, not an end-all solution,” Brennan says–they also anticipate possible retaliation, even though it would be illegal.
That’s what the Illinois workers say happened after they filed a wage theft suit on Sept. 13 against Wal-Mart with the assistance of Warehouse Workers for Justice, a project of the United Electrical Workers (UE). Plaintiff Philip Bailey says that management fired him and the other named plaintiffs the next day, then changed its mind and suspended them without pay.
After losing his job in Detroit last year, Bailey came to the Chicago area to seek work because there were jobs available in the warehouses. This is partly due to very high turnover rates, which can pose a barrier to organizing. In the end, he says, it was a group of workers who had managed to last a half year or more who formed the core of the protest action.
“What we have in common is we’re pretty marginalized and desperate,” Bailey says. “People are fed up in there and not willing to give up without a fight. The prospect of working these low-paying jobs for long hours became scarier than risking losing the job to improve it. People realized we won’t get anything until we stand together.”
In September, about 40 workers signed a petition “about unsafe equipment, extreme heat, and taking away breaks, making [shifts last] 6 or 7 hours,” says veteran warehouse worker Ted Ledwa. On Saturday, after Bailey and some other workers were fired and then suspended, a group of the petitioners tried to take their demands to management.
“We had to walk around the entire warehouse to collect everyone,” Ledwa says, “and all the time management was saying we were trespassing and had to leave. All we wanted to do was present the petition to management. As we came around the corner, managers with these riding forklifts cut our group in half, but we continued to walk. They told us we were going to be escorted out of the building by the police. They refused to take the petition. My manager said that we don’t want to mess with him. We said we didn’t want to mess with anybody. We just wanted someone to take the petition and hear our grievances. Their answer is the police are on their way. You’re going to be arrested.”
Managers were reportedly erratic in their response. Initially, Ledwa says, the petitioners were also fired, but managers later called to say they had been suspended. Now, both the suspended plaintiffs and the suspended petitioners, joined by a few other workers, are striking together over unfair labor practices, including discharge for lawful collective action. Ledwa believes those who kept working were sympathetic but afraid of losing their $10-an-hour jobs.
“Management uses threats and intimidation as part of their daily routine,” he says. “I’ve worked at several warehouses, and I’ve never seen it so bad. They have no respect for the people. They say if you can’t do the job, we’ll get someone else. There’s a constant threat. They’re always trying to pit people against each other, to create animosity among their workers. I’m tired of it.”
So for now the strike continues, picking up support, such as from Chicago teachers, recently on strike themselves. Many public-school teachers see a common enemy in the Walton Family Foundation, the charitable group run by Wal-Mart’s founding family, which promotes school privatization.
And the warehouse strike is a worrisome development for Wal-Mart, a company that “has made distribution the heart of its business,” as Nelson Lichtenstein writes in The Retail Revolution: How Wal-Mart Created a Brave New World of Business. Wal-Mart’s super-efficient system of delivering goods only as needed, while stores carry minimal inventory, keeps costs low. It relies on sophisticated management and technology but also on brute, crude exploitation of workers. But this system is vulnerable to disruption, a threat especially potent now as big retailers prepare for the lucrative Christmas selling season.
Strikers at these two warehouses face both a big antagonist and big barriers to unionizing: Under current labor law, it’s perfectly legal for Wal-Mart to simply stop using any contractor whose employees join a union. As a result, workers have instead focused on getting Wal-Mart to enforce its own standards upon its contractors. But the strikers’ example could plant the idea in the minds of other warehouse workers that collective action can bring power and improvements at work. And that seed could grow into a movement for change among workers who need it badly.
This blog originally appeared in Working In These Times on October 1, 2012. Reprinted with permission.
About the Author: David Moberg, a senior editor of In These Times, has been on the staff of the magazine since it began publishing in 1976. Before joining In These Times, he completed his work for a Ph.D. in anthropology at the University of Chicago and worked for Newsweek. He has received fellowships from the John D. and Catherine T. MacArthur Foundation and the Nation Institute for research on the new global economy. He can be reached at firstname.lastname@example.org.
Thursday, September 6th, 2012
Working In These Times has frequently covered the warehousing industry and the way that complicated layers of different companies using, owning, operating and staffing warehouses make the sector ripe for labor abuse.
A motion for sanctions filed August 23 in a workers’ class action lawsuit against southern California Wal-Mart warehouses sheds more light on this structure and alleges that defendant Schneider Logistics failed to provide legally mandated evidence to avoid culpability for workers’ wages and working conditions.
Last October, workers affiliated with the group Warehouse Workers United filed a class action lawsuit in U.S. district court in California alleging labor law violations at Mira Loma warehouses operated solely for Wal-Mart stores. The lawsuit names Schneider Logistics Inc. (SLI) and its subsidiary Schneider Logistics Transloading and Distribution (STLD) along with the companies Impact and Premier, which hired people to staff the warehouses. Schneider took over operation of the warehouses in 2006.
The initial complaint said:
Plaintiffs bring this action on behalf of themselves and others similarly situated to recover the wages that defendants stole — and are continuing to steal — from them in violation of federal and California law. Plaintiffs also seek redress for other consequences of defendants’ unlawful conspiracy, including defendants’ wrongful scheme to hide and then cover up the extent of their wrongdoing by failing to keep mandatory payroll records, falsifying records of hours worked and compensation owed, and concealing, denying and/or misrepresenting to the workers the amount of their earnings and on what basis these earnings were calculated.
A key question is whether Schneider or STLD directly employed–and is therefore responsible for the working conditions of–the plaintiffs, including lead plaintiff Everardo Carrillo. The plaintiffs allege that Schneider is their “joint employer” along with the other defendants.
Schneider Logistics initially argued that it had “no connection with or responsibility for the operation, oversight, or supervision” of the workers at the Mira Loma warehouses, as quoted in the recent motion. It notes that Schneider Logistics Secretary-Treasurer Amy Schilling signed a sworn declaration saying the company had “no business or contractual relationship” with co-defendants Impact and Premier. And the motion alleges that Schneider sought to continue this image by failing to turn over documents during the discovery process that would have indicated otherwise.
In April Schneider attorneys responded to a discovery request without actually looking for the requested documents, according to the motion. In other words, they allegedly were either sloppy or intentionally avoided turning over evidence to which the plaintiffs have a legal right.
This became clear when documents turned over by Impact and Premier included highly relevant Schneider documents which Schneider attorneys had specifically said did not exist. The motion notes:
Schneider has now produced thousands of documents it previously claimed did not exist, including over 12,100 pages of personnel files it maintained for the Impact and Premier class members (whom it claims not to jointly employ), and the workplace rules and training requirements it imposed on all class members.
The plaintiffs say the new documents show that “Schneider’s top managers knowingly made material false statements” to the court, including claims that the warehouse employees are not subject to Schneider employment policies and that Schneider does not keep personnel files on them or set productivity quotas. The documents showed that Schilling herself signed contracts with Premier and Impact, on behalf of STLD and “its affiliates.” Meanwhile, Schilling is also vice president and controller of Schneider National, the parent company of the other Schneider groups, which actually negotiated the contracts with Impact and Premier.
Once it was clear that Schneider did indeed have contracts with Impact and Premier, General Manager Vince Redgrave told the court that the contracts gave Schneider no say over work terms or conditions. The court ordered that Schneider actually produce the contracts, and when it did, as the motion says, “they proved the exact opposite of what Vince Redgrave had testified.”
The federal district judge, Christina Snyder, wrote in a preliminary injunction ruling that the “contracts dictate nearly every material term of plaintiffs’ employment including how Impact and PWV (Premier) must conduct pre-employment screening and new employment training.”
The documents also showed that, contrary to Redgrave’s previous testimony, Schneider did set specific productivity quotas for the warehouse workers and in fact complained to Premier when the rate of cases unloaded per hour dropped. Schneider officials also talked about how to remedy Impact’s “low productivity levels.”
Warehouse worker groups have long argued that unrealistic and escalating productivity quotas are among the things that lead to high chronic and acute injury rates in warehouses. In July, Warehouse Workers United filed a complaint with California’s Occupational Safety and Health Administration office.
The recent motion also alleges that Schneider or its attorneys did not order employees to preserve emails relevant to the case, as is standard required legal procedure. It says the company has an automatic delete email function for emails from the Mira Loma warehouses, meaning emails are deleted automatically after a short period of time, and employees also have “absolute discretion” over whether to save or delete emails. The motion says Schneider was slow to issue a memo instating a “litigation hold”—meaning employees should preserve relevant communications. And it alleges even after such a memo was issued, Schneider never enforced it.
The motion also alleges that Schneider destroyed and denied the existence of security camera footage that would aid the plaintiffs’ case. The motion demands that Schneider turn over video footage and also a log of any video that has been destroyed since October 2011.
The motion asks that the court make note of Schneider’s alleged misconduct, tell Schneider that further misconduct will result in sanctions, and provide relevant attorneys’ fees and costs to the plaintiffs. It notes that the court could also decide to inform a jury of Schneider’s false statements and other discovery violations, and asks that the court establish a “rebuttal presumption” that Schneider is indeed a “joint employer” of the plaintiffs.
Overall, the lawsuit is part of WWU’s and individual workers’ ongoing campaign to improve conditions in warehouses and shed light on the complicated employment structure that allows major companies like Wal-Mart to benefit from the low-paid, dangerous work of a largely temporary workforce.
This blog originally appeared in Working In These Times on September 4, 2012. Reprinted with permission.
About the author: Kari Lydersen, an In These Times contributing editor, is a Chicago-based journalist writing for publications including The Washington Post, the Chicago Reader and The Progressive. Her most recent book is Revolt on Goose Island.
Thursday, April 19th, 2012
Last week, I talked with a cashier at a Ralph’s grocery store in Orange County, Calif. She told me she lives with and supports her 82-year-old mother and her disabled 56-year-old sister. She represents a growing group in the United States: a working woman who is head of household and also a family caregiver.
But with the rise of the low-wage retail giants like Wal-Mart, she is also part of a shrinking group: a union worker with rights on the job, health benefits, paid sick days, vacation and possibly a pension or retirement fund. And with a union contract, she won’t be arbitrarily paid less than a man doing the same job with the same seniority.
Wal-Mart = Unequal Pay
In June 2011, a sex-discrimination lawsuit brought by 1.5 million current and former female employees of Wal-Mart reached the Supreme Court, bringing national attention to the company’s policies of paying women less than men in every job category and promoting women less – often in spite of better job performance. The Court decided against allowing the women to pursue the lawsuit as a single class but Wal-Mart will likely have to face these claims individually for years.
Wal-Mart’s treatment of women workers is bad news for everyone fighting for equal pay. As the largest retailer in the United States and the world, Wal-Mart “leads the way” in setting standards and has the effect of depressing retail wages in every community where it opens shop. Right now, average pay for all Wal-Mart workers is $8.81 an hour and “full-time” is considered 34 hours a week. Imagine the woman I talked to at Ralph’s trying to support her family on that income in
Equal Pay Day
Yesterday, we marked Equal Pay Day, which symbolizes how far into 2012 women must work to earn what men were paid in 2011. Women now earn 77 cents for every dollar men earn. We have not made a lot of progress since Equal Pay Day was first instituted back in 1996 when women earned 73.8 cents for every dollar men earned. I think the rise of companies like Wal-Mart and the demise of union jobs have a lot to do with our lack of progress in this area.
Let’s recommit to defeating Wal-Mart and what it stands for: low wages, bad working conditions, unequal treatment of women workers, union busting and a
business model that hurts the ability of working families to survive.
More and more families depend on a woman’s paycheck to put food on the table and a roof overhead. Two-thirds of women are either dual earners or the heads of households. Women are also carrying out the bulk of caregiving duties in families. We need decent wages and flexible workplaces with paid sick days and family leave. While Equal Pay Day is still fresh in our minds, let’s commit to getting involved in raising the standard of living for working women everywhere.
Let’s build the movement for workplaces that support caregivers. Let’s start with Wal-Mart.
For information on how to get involved in supporting positive change at Wal-Mart, go to http://makingchangeatwalmart.org/ For information on local campaigns advocating for paid sick days and paid family leave go to http://familyvaluesatwork.org/.
This blog originally appeared in AFL-CIO Now blog on April 18, 2012. Reprinted with permission.
About the Author: Jenya Cassidy is a regular blog contributor to MomsRising.org.
Friday, December 23rd, 2011
He beat out some tough competition, but Rob Walton, chairman of Wal-Mart’s board of directors, is the top vote getter in the 11th annual Jobs with Justice (JWJ) Scrooge of the Year election.
Walton deemed a “billionaire bully” by Brave New Films, has an estimated net worth around $21 billion, JWJ reports. As a family, the Waltons control 49 percent of Wal-Mart and are, says JWJ, the richest family in the United States, with a combined net worth is $93 billion. The Walton Family has as much wealth as the bottom 30 percent of American families combined—more than 35 million families.
The family’s dividends from their Wal-Mart stock alone are more than $2 billion a year. Just using their dividends, they could ensure that a million Wal-Mart employees make at least $12 an hour instead of the current average of $8.81 an hour.
Just last month Wal-Mart, under Rob’s leadership, slashed health care coverage for hundreds of thousands of Wal-Mart employees and their families—right before the holidays. What a scrooge!
Click here to learn more about the runners up, the American Legislative Exchange Council, Publix supermarkets and Eddie Hull University of Massachusetts director of housing and residential life.
This blog originally appeared in AFL-CIO Now blog on December 22, 2011. Reprinted with permission.
About the Author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL-CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety. He carried union cards from the Oil, Chemical and Atomic Workers, American Flint Glass Workers and Teamsters for jobs in a chemical plant, a mining equipment manufacturing plant and a warehouse. He’s also worked as roadie for a small-time country-rock band, sold blood plasma, and played an occasional game of poker to help pay the rent. You may have seen him at one of several hundred Grateful Dead shows. He was the one with longhair and the tie-dye. Still has the shirts, lost the hair.
Monday, October 31st, 2011
Last June, the Supreme Court tossed out a class action lawsuit brought by over a million Walmart employees alleging that the company systematically discriminates against women. The Court did not allow the women to try to prove that such discrimination exists, instead holding that the women did not have enough in common with each other to come together in one lawsuit. Yesterday, the women responded to this setback with the first of several cases breaking them down into smaller groups:
The lawyers promised an “armada” of other lawsuits in the next six months making discrimination claims in other regions of the country, as opposed to nationwide. “The case we are starting today is the first of many,” said Brad Seligman, one of the lead plaintiff lawyers. He added that the new lawsuits are “what we like to call Wal-Mart 2.0.” [...]
The lawsuit filed Thursday in the United States District Court for the Northern District of California contends that Wal-Mart’s discriminatory practices on pay and job promotion affected more than 90,000 women currently or formerly employed at Wal-Mart and Sam’s Club stores in four regions in California and neighboring states.
This tactic could ultimately prove successful, and it is possible that many hundreds of thousands of women could receive long overdue justice by joining together in somewhat smaller groups. Even if they win, however, the sad truth is that this victory could probably never be repeated thanks to an enormous gift the Supreme Court gave powerful corporations last April.
When the Supreme Court’s Wal-Mart case was handed down, ThinkProgress called it only “the second worst class action case this Supreme Court term.” The worst decision — indeed, one of the very worst Supreme Court decisions in the last decade — was AT&T Mobility v. Concepcion. Concepcion built off a long line of misguided decisions allowing corporations to force their consumers and workers to sign away their right to sue the company in a real court and shunt any disputes into a secretive, privatized arbitration system that overwhelming favors corporate parties. Under Concepcion, corporations can not only take away your right to hold them accountable in a real court, they can also take away your right to join together with other victims of the corporation’s lawbreaking to form a class action lawsuit.
Thanks to this deeply erroneous decision, Walmart can now force each and every one of their workers to sign away their rights or they are fired. And without the ability to bring class actions in the future, many of these workers will be completely powerless against their megacorporate employer.
The class action one of the very few tools enabling vulnerable Americans to stand up to a wealthy and influential corporation. If a major corporation cheats a thousand of its workers out of a thousand dollars each, for example, very few of them will decide it is worth the hassle and expense of a major lawsuit and virtually no lawyer will be willing to take such a low dollar case on a contingency fee basis — meaning that the plaintiffs will have to pay more for legal counsel than they are likely to win in the end. If these thousand workers are able to join together into a class action, however, their million dollar claim suddenly becomes very attractive to top litigators — and the hassle of litigation will be virtually non-existent for most of the plaintiffs. Thanks to Concepcion, however, that is probably no longer an option.
Concepcion was an earthquake, and it shook one of the foundations of our civil justice system to the ground. Walmart may still be held accountable for its past actions, but it is doubtful that any of its workers will ever be able to join a class action against them again.
This blog originally appeared in ThinkProgress on October 28, 2011. Reprinted with permission.
About the Author: Ian Millhiser is a Policy Analyst at the Center for American Progress Action Fund and a blogger on judicial and constitutional issues for ThinkProgress.org. He received a B.A. in Philosophy from Kenyon College and a J.D., magna cum laude, from Duke University. Ian clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit, and has worked as an attorney with the National Senior Citizens Law Center’s Federal Rights Project, as Assistant Director for Communications with the American Constitution Society, and as a Teach For America teacher in the Mississippi Delta. His writings have appeared in a diversity of legal and mainstream publications, including the Guardian, the American Prospect and the Duke Law Journal; and he has been a guest on CNN, MSNBC, Al Jazeera English, Fox Business and many radio shows.