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Showing posts with label victory. Show all posts
Showing posts with label victory. Show all posts

Wednesday, October 29, 2008

Victory for Smithfield workers, Rico suit dropped, workers to get union vote!

"Truth, Justice and the American way" - narrator, Superman TV series

One Rico suit against unions and their supporters has been dropped, workers finally big winners, imagine we live in a world that just being able to get a union election is a major victory

From Metro DC Labor Council:
WORKERS WIN AT SMITHFIELD!
(10/27/08 6:20P) In a huge win for organized labor, Smithfield Foods dropped a racketeering lawsuit against union organizers Monday and agreed to let them hold a union election at the world's largest hog slaughterhouse. "In return, the United Food and Commercial Workers union agreed to end a publicity campaign against Smithfield that included calls for product boycotts to support its calls for an organizing election at the slaughterhouse in Tar Heel, N.C.," reported the Associated Press Monday afternoon. Smithfield -- the nation's largest pork producer -- estimated that the Justice at Smithfield campaign – which included a major focus on DC-area customers who make up one of Smithfield's largest markets -- cost it about $900 million. "The metro-area labor movement has been deeply involved in this struggle since it was launched over two years ago," said Metro Washington Council President Jos Williams. "Every local activist and labor supporter who turned out to rally, leaflet or march for Justice at Smithfield should be proud of their role in this win." The agreement was announced by Smithfield and the UFCW in a joint statement as the company's lawsuit was about to go to trial Monday in federal court. In a joint statement, Smithfield and the union said they "have agreed on what both parties believe to be a fair election process" on union representation at the Tar Heel plant. The settlement was sealed, and U.S. District Judge Robert E. Payne ordered the parties to say nothing further about the deal until after the union election. It was unclear when that election would take place.
- click here for Larry O'Dell's complete AP report. Photo: At the June 19 Justice at Smithfield campaign launch in DC; photo by Tiye Kinlow

Saturday, October 25, 2008

Yellow Rat Bastard workers fight back and join a union

WooHoo, a little over 7 months after I reported on the unsavory employment conditions in my article "NYC: Yellow Rat Bastard's owner turns out to be a scumbag" about how Yellow Rat Bastard had been paying its employees below minimum wage, without overtime, without taxes and had retaliated against employees who complained, the workers have fought back and decided to become members of a union.

For a few months after I wrote that story I was the number 2 hit on Google for the term "Yellow Rat Bastard", time has dropped me down the list, along with possibly some help by employees of the firm spreading the name around and creating a few separate entries for the site, but all's fair in the internet, at least for now. (I do this for free, they should have just hired me, hey look I'm #7 for The Employee Free Choice Act on Google today)

I know as matter-of-fact, that my story has been read thousands of times by people just looking through Google for info about the store, possibly all of the employees who decided to become union.

From the RWDSU site:
Yellow Rat Bastard Workers Join RWDSU in New York (10/7/08)


Workers at urban youth fashion retail chain Yellow Rat Bastard have joined the RWDSU, continuing on a path to a union contract that they have sought for three years. The 160 workers joined the RWDSU via a card check recognition on October 3.

Workers at Yellow Rat Bastard, which has seven stores throughout New York CIty, have continually suffered abuses including criminally low pay and overtime violations. Earlier this year, the clothing chain agreed to pay a $1.4 million settlement to over 1,000 workers who had been cheated out of fair pay. The lawsuit, filed by New York Attorney General Andrew Cuomo, came as a result of the efforts of the Retail Action Project, a partnership between the RWDSU and the community group Good Old Lower East Side.

"This another step toward justice, dignity, and respect for the workers at Yellow Rat Bastard, whose owners have too often lived up to their store's name," said RWDSU President Stuart Appelbuam. "We can only hope that management agrees to respect the decision of its workers and negotiates a contract in good faith."
A handshake and an 'atta boy" at the next CLC meeting from Mr.Applebaum would be nice, as I would be honored to meet the man whose writting's I wholeheartedly admire.

Finally being able to shop at Yellow Rat Bastard with a good conscience is even better, now if they will sign a 'no sweatshop, fair trade" pledge, I'd be thrilled. We'll take what we can as we can get it I guess.

Joe's atta boy goes out to the 160 workers who now are union, after the abuse they took, I'm really happy for them, my only advice, is give your employer a good days work and speak to your friends and family on the diferance between justice you finally have and what you went through to get there. Together we are strong, divided we beg.

You can read some of Stuart Applebaum's writings at various sites around the internet and the homepage of the Jewish Labor Committee, which he serves as President.

The JLC is a fantastic site, which the heritage of the American Jew is woven into today's world, they do not forget where they came from, the employee abuse, like so many of our heritages suffered. It is important that we all learn from the past.

Most importantly, the Jewish Labor Comittees policy statement on the worker abuses at AgriProcessors, which in part states:

In reviewing the complaints of Agriprocessors’ employees, the JLC learned that there is a clear pattern of employer negligence and even lawlessness. Among the most troubling practices by Agriprocessors are:

• abuse of child labor laws;
• failure to pay workers the full amount of wages they have earned;
• unnecessary exposure of workers to dangerous -- even life-threatening -- working conditions;
• sexual harassment.

The JLC has also learned that Agriprocessors is actively waging a campaign of intimidation and harassment against workers who have expressed an interest in exercising their legal right to union representation.

In this atmosphere, it is clear that the recent ICE raid at Agriprocessors, though apparently legal, only buttresses the conviction shared by many undocumented workers that our government is not only indifferent to worker abuse, but works in collusion with management to penalize workers who challenge it.

While there are many differing perspectives regarding immigration reform, the American Jewish community shares a common conviction that all workers -- regardless of their immigration status -- must be free to exercise their rights and challenge employer abuses. Our belief is grounded in the collective memory of American Jewry of the gross exploitation of Jewish immigrants by employers who, like Agriprocessors, abused and robbed them of their right to dignity in the workplace.

I wish it could be "the American community shares a common conviction that all workers -- regardless of their immigration status -- must be free to exercise their rights and challenge employer abuses", because if that were true, there wouldn't be a slave class in this country.

Every part of my Heritage was abused when they entered the country. The difference today is that the government, lobbyists and the corporations have made all facets of immigration an open faucet, with no throttle. It seems that even if the people already here got human rights, were able to be in a union and have a pathway to citizenship that that faucet would still be jammed open, letting in the next wave.

It's a continuous flow of worker suppression, and we the tax payers are subsidizing the the employers responsibilities.

The conservatives scream 'socialism', the last 30 years, especially the last 7.5 have honed this into a science, keep allowing the undocumented workers in, let the citizen workers pay for the things that the employers of these workers are supposed to pay for, and make sure that the undocumented workers will live in a state of fear. This to me is a corporatist socialism that is not acceptable. The divisiveness of their methods is insidious, you actually have rabid "McCain" supporters who scream that their opposing view is socialism, while they are living in a semi-socialist society where only a few are benefiting.

Add in a whole lot of anti-union policies, absence of working rights for undocumented's , an abused Visa system and a new army of ICE storm troopers to get sent into service if the slaves get out of line, and we are heading into a really bad place.

Fear is their weapon and if we do not overcome their campaign against the people who work in this country, bad days are coming.

An undocumented class of workers is unacceptable in our country. Having citizens and non-citizens competing for work is insanity. This is undermining all of our hard fought labor laws and rights, this is hurting all of us and you dare complain of socialism.


If big business and their conspirators had their way, we would all be making $2 an hour, fighting for a crumb of bread and terrified to raise any concern for our safety. Many idiots write that "unions are a thing of the past, we don't need them anymore, we now have federal labor laws that take care of us", that sounds good, until your boss tells you "I can get 15 illegals here to do your job" and even if he doesn't get the job done right, even if a portion of them get hurt or killed, he can still scoop up more to finish it the next day. So you work harder to make him more money, to keep him competitive, or you just get so disenfranchised that you refuse to care, you are beaten to straying away from the conversation, you take your lumps in solitude, you become fractured and the entire labor movement becomes a confused fragmented mess, with all sides fighting against the middle, and when the heart of a leader dies and he/she steps in line or even worse becomes on the take, the conspirators are lined up to spread the word of their infractions, to belittle and dishonor the movement. Like vultures they swarm, to get the masses to avoid unionization. They get workers to chew off their leg against their own interest.

It's your world, let's really think and talk about this more. The closure of the faucet and the liberation of the workers in America should be our first concern in the next Presidency.

The pro-worker movement should be there also

Saturday, October 11, 2008

More than 11,000 School Bus and Transit Workers Join the Teamsters in Less Than Two Years!


In just under two years since the Teamsters Union began its intense campaign to organize school bus and transit workers aroung the country, the Union announced this week that it has hit the 11,700 worker mark!

The most recent victory was in Olathe, Kansa as another 228 workers became Teamster members.

As this campaign rolls along, it is so critical for folks to realize that this union is organizing, and winning, in places where "union" is shunned ... places like rural Mississippi -- where three yards organized in the last month; and Jacksonville, Florida where more than 900 workers overwhelmingly chose the Union in that election earlier this year.

When it comes to workers thinking being in a union, where they have a voice at work, where they have affordbable benefits and sensible work rules ... when they think it is possible ... it will and can happen!

Below is the full release put out by the Union:
The energy in Olathe, Kansas is high today as school bus drivers and mechanics with First Student celebrate their vote in favor of representation by the Teamsters Union. The 228 workers are now members of Teamsters Local 838 in Kansas City, Missouri, and part of a larger group of private school bus and transit workers nationwide who are joining the Teamsters at a rapid pace.

“We bonded; we stood up for our rights and we’re going forward from here,” said Ray Alvarez, a First Student driver in Olathe. “I know the value of a union; that we will be able to stand up for our rights and negotiate for our needs now. I feel great.”

“We just want to be able to pay our bills and have fairness at work,” said Deb Spruytte, Alvarez’s coworker. “You do this job because you love it, and we haven’t been loving it lately with all the changes with the company. Becoming Teamsters has brought us together and we’re hopeful for the future.”

“This group worked very hard to make this happen,” said Billy Thompson, President of Local 838. “With help from our local and the International Union, the committee of workers forged ahead and this victory is the result of their efforts. We’re very happy for them and look forward to providing them with strong representation.”

The Olathe victory is the latest in a successful campaign by the Teamsters to raise standards for private school bus and transit workers across the country. Drive Up Standards is a national campaign to improve safety, service and work standards in the private school bus and transit industry. Since the campaign began in 2006, more than 11,700 workers have become Teamsters.

Monday, September 15, 2008

Cintas loses living wage ordinence, must pay $1.65 million to workers

Here's some great news for working families in Northern California

From our friend Elana at DailyKos (Click the link to recommend or comment on the story):
Living wage win! Workers get 1.65 mil in unpaid wages
by Elana Levin of UNITE HERE
Great news! The California Supreme Court has ordered anti-union employer the Cintas Corporation to pay hundreds of workers the $1.65 MILLION they were owed for their backbreaking labor in industrial laundries. By violating the city of Hayward's living wage regulations, Cintas illegally underpaid Northern California workers for years. Living wage regulations like Hayward's require the city and certain firms with large city contracts to pay wages that reflect the local cost of living including a dollar extra per hour if the employer doesn’t provide health benefits.


(Video clip is Springstein's version of traditional work song "Pay Me My Money Down")

This is a huge win not just for the Cintas workers who will finally be paid the money they are owed but for but for the living wage movement as a whole. At one point in their suit Cintas’ lawyers claimed that living wage laws were unconstitutional. When workers filed the suit in 2003, it was one of the first attempts to enforce a living wage law through the courts. As plaintiff Francisa Amaral said:

"For five long years, Cintas refused to give us what was rightfully ours," said Francisca Amaral, one of the suit's plaintiffs. "They told us that we would get nothing. They spent millions of dollars to try to deny us our rights. The decision shows that workers can get justice and get what we've earned through our hard work."

Why would a company spend money on lawyers to fight paying its workers a living wage? Wait. Don’t answer that. That was rhetorical. Though I honestly just don’t get it. I guess it’s my family values talking here.

Anyway, the Court’s decision allows more than 200 Northern California laundry workers to enforce a landmark judgment by the Alameda County Superior Court that was affirmed earlier this summer by the California Court of Appeal, which is believed to be the one of the largest living wage awards in U.S. history and strengthens cities’ ability to enforce local labor standards.

Meanwhile, in Los Angeles, Cintas workers have a similar pending class action case for violations of the city’s living wage. Over the past few years, questions have also been raised about Cintas’s history of compliance with living wage laws in Marin County and Santa Monica, California, as well as in Dayton, Ohio, and Madison, Wisconsin.

If you’ve been reading my posts on Dkos (and other folks too) you’d know that Cintas has a history of violating worker protection laws. The company settled an overtime case brought by delivery drivers in California for more than $10 million in 2002. Since then, thousands of drivers across the country have joined a national overtime lawsuit against Cintas.

Elana Levin is an Assistant Director of Communications for UNITE HERE, a labor union representing 465,000 workers in the hotel, food service, gaming, laundry, apparel and textile industries. You can read more of Elana's work at DailyKos by clicking here

Tuesday, September 9, 2008

NE/NY: Verizon Business workers finally get into union

Wow, it's about time, Verizon has been written about here at Joe's for quite some time.

From the AFL-CIO Now blog, written by James Perks

Verizon Business Workers Join Unions

http://blog.aflcio.org/wp-content/uploads/2008/09/vbwin_wp.jpgKevin Leppman and his co-workers at Verizon Business in New England and New York spent their first Labor Day as union members this month.

In August, as part of its new three-year contract with the Communications Workers of America (CWA) and the Electrical Workers (IBEW), Verizon agreed to extend union recognition to more than 600 former MCI technicians at Verizon Business.

The new union members will be covered by the contract beginning in December.

Says Leppman, a 10-year veteran at Verizon Business:
It is nice to know that we will soon have the same rights and benefits as other Verizon techs. To finally have a voice at work, it’s a good feeling.
When a majority of Verizon Business technicians throughout New England and New York signed cards to form unions with IBEW and CWA, the company refused to recognize their union. Instead, management began a fierce anti-union campaign, which the company abandoned after a grievance over nonunion workers performing union work went into arbitration. The agreement to recognize the union settled the arbitration.

Sen. John Kerry (D-Mass.), who along with several members of Congress supervised the vote count, joined the Verizon workers for a celebration of their victory at a Labor Day breakfast sponsored by the Greater Boston Labor Council.

Pictured above: Verizon Business technicians celebrate their organizing victory with Sen. John Kerry (center) at the annual Labor Day breakfast of the Greater Boston Labor Council.

Monday, September 1, 2008

Canadian Wal-Mart workers win first contract, get $2.49 raise

I couldn't think of a more fitting Labor day story:

The very first in the entire North American continent, Their pay has went up $2.50 an hour

From 8/22/08 at The PSL webpage:
Canadian Wal-Mart workers win contract
By: Stefanie Fisher

In brief

On Aug. 15, a Canadian Wal-Mart located in Gatineau, Quebec, was forced to honor a three-year contract for employees working in its lube and tire department. It is the only Wal-Mart in North America to have a union contract in place.

The workers, organized by the United Food and Commercial Workers Canada, will see an increase in their starting wages from $8.40 to $10.89 per hour. Although there are still 200 non-union workers at the same location, the workers have scored an important victory in the struggle to organize the world’s largest retailer.

This is not the first time the anti-union giant has been ordered to honor union contracts. In 2000, 11 meat cutters working at a Texas Wal-Mart won union recognition. Shortly thereafter Wal-Mart, Inc., eliminated the positions in 180 stores in six states, claiming lack of profits.

Wal-Mart recently reported profits of $3.45 billion—up 17 percent from $2.95 billion a year ago.

On this Labor Day 2008, please take a moment to think of the men and women who had fought so valiantly for the lifestyle that our labor can bring us today. Do not disrespect their fight, never cross a picket line and always be willing to help a fellow worker, regardless of affiliation, race, gender or creed, because if workers unite we can once again change the world. Never forget that our labor creates their wealth.

In solidarity,
Joe

Monday, June 30, 2008

New GI Bill passes, opens paths to educational resources and future employment for our returning veterans

I first brought this campaign to Joe's Union Review in Feburary 08, with the story "E-Activism can help our returning vets to become workers, not homeless. Help fix the insufficient GI Bill."

Thank you everyone who has signed petitions along the way, I felt it was of utmost importance that our returning vets had a good chance towards a career when they come home, together people such as yourselves from many different blogs and sites got active and we were heard. Even when such high ranking people such as Senator John McCain staunchly opposing the measure and a Geroge W. Bush threatened veto against it, the American people have spoken.

With tremendous support and overwhelming passage in both Congress(256-166) and the Senate (75-22 McCain was a no show) and a reversal of the veto threat by the President, our returning vets now have a fighting chance
Dear Joseph,
Today, history was made.

Just this morning, President Bush signed the new GI Bill into law. Since we are only a few days away from celebrating the 4th of July, this milestone is a fitting way to honor our veterans who have bravely served this nation.

IAVA has led the fight for the new GI Bill from the beginning, and your dedication over the past year and a half ensured that our lawmakers kept it a top priority. Over 20,000 of you called your representatives in Congress, spread the word in your communities and signed the petition at www.GIBill2008.org. Thanks to your hard work, we finally achieved our goal.

Generations of veterans to come will benefit from this bill. Your support in this fight has been overwhelming- very few bills in recent history have received such an outpouring of public support. Together, we can be extremely proud of this victory.

In a few days, we'll let you know more about this remarkable bill and how IAVA plans to help veterans take full advantage of these new benefits.

Thank you for standing with IAVA throughout this fight.

Sincerely,

Paul Rieckhoff
Iraq Veteran
Executive Director
Iraq and Afghanistan Veterans of America

Job resources for returning Vets at Joe's

Tuesday, June 10, 2008

Another disabled Wal-Mart victim gets justice

“After beating all the odds -- surviving my injury when not expected to survive, walking again when told that I would never walk again, and returning to work where I received excellent performance evaluations and consistent merit increases -- I was devastated to have the rug pulled out from underneath me simply because Wal-Mart could ‘no longer accommodate my handicap needs.’ I am hopeful that this settlement will make Wal-Mart take a closer look at its policies and practices with respect to the employment of individuals with disabilities so that what happened to me will not happen to someone else.”- Glenda D. Allen, fired from Wal-Mart

From the ABA Journal - Law News Now (6/10/08):
Wal-Mart to Pay $250K Settlement for Firing Worker Disabled in Shooting
By Debra Cassens Weiss

Wal-Mart will pay $250,000 to settle a claim that it violated federal disability law when it fired a pharmacy technician who was injured in a shooting.

The employee, Glenda Allen, was working at Wal-Mart in Maryland in 1994 when she was shot in a robbery attempt at a different job, according to a press release issued by the Equal Employment Opportunity Commission. After the shooting she had to walk with a cane.

Allen continued working as a Wal-Mart pharmacy technician until she got a new manager who refused to accommodate her injuries, the Baltimore Sun reports. The company told Allen in 2003 that she was being demoted to a door greeter, said Allen’s lawyer, Maria Salacuse. Allen refused the demotion and was fired.

Wal-Mart settled the suit filed by the EEOC after a Baltimore federal judge refused the company’s motion to dismiss the case. The settlement is the second time that Wal-Mart has settled an EEOC case this year based on violations of the Americans With Disabilities Act.

From the Press Release from The U.S. Equal Employment Opportunity Commission - slightly edited in abridged form (6/9/08):
“When an employer is faced with an employee who has difficulty performing certain tasks because of his or her disability, it cannot sit back passively and then turn around and fire the employee because of its own failure to accommodate,” said EEOC Regional Attorney Jacqueline McNair. “Federal law mandates that employers engage in a good-faith interactive dialogue with the qualified disabled employee to identify potential reasonable accommodations.”

This is the EEOC’s second settlement this year with Wal-Mart concerning the ADA. In April 2008, the EEOC settled a lawsuit concerning Wal-Mart’s failure to hire an individual with cerebral palsy in Richmond, Mo., for $300,000 and injunctive relief. According to its web site(Wal-Mart) , “Today, 7,357 Wal-Mart stores and Sam’s Club locations in 14 markets employ more than 2 million associates, serving more than 179 million customers a year.”

During Fiscal Year 2007, disability discrimination charges filed with the EEOC under the ADA increased 14% to 17,734 -- the highest level in a decade. Approximately one out of every five private sector charge filings with the EEOC contains an allegation of disability discrimination.

Justice has been served

Another disabled Wal-Mart victim gets justice

“After beating all the odds -- surviving my injury when not expected to survive, walking again when told that I would never walk again, and returning to work where I received excellent performance evaluations and consistent merit increases -- I was devastated to have the rug pulled out from underneath me simply because Wal-Mart could ‘no longer accommodate my handicap needs.’ I am hopeful that this settlement will make Wal-Mart take a closer look at its policies and practices with respect to the employment of individuals with disabilities so that what happened to me will not happen to someone else.”- Glenda D. Allen, fired from Wal-Mart

From the ABA Journal - Law News Now (6/10/08):
Wal-Mart to Pay $250K Settlement for Firing Worker Disabled in Shooting
By Debra Cassens Weiss

Wal-Mart will pay $250,000 to settle a claim that it violated federal disability law when it fired a pharmacy technician who was injured in a shooting.

The employee, Glenda Allen, was working at Wal-Mart in Maryland in 1994 when she was shot in a robbery attempt at a different job, according to a press release issued by the Equal Employment Opportunity Commission. After the shooting she had to walk with a cane.

Allen continued working as a Wal-Mart pharmacy technician until she got a new manager who refused to accommodate her injuries, the Baltimore Sun reports. The company told Allen in 2003 that she was being demoted to a door greeter, said Allen’s lawyer, Maria Salacuse. Allen refused the demotion and was fired.

Wal-Mart settled the suit filed by the EEOC after a Baltimore federal judge refused the company’s motion to dismiss the case. The settlement is the second time that Wal-Mart has settled an EEOC case this year based on violations of the Americans With Disabilities Act.

From the Press Release from The U.S. Equal Employment Opportunity Commission - slightly edited in abridged form (6/9/08):
“When an employer is faced with an employee who has difficulty performing certain tasks because of his or her disability, it cannot sit back passively and then turn around and fire the employee because of its own failure to accommodate,” said EEOC Regional Attorney Jacqueline McNair. “Federal law mandates that employers engage in a good-faith interactive dialogue with the qualified disabled employee to identify potential reasonable accommodations.”

This is the EEOC’s second settlement this year with Wal-Mart concerning the ADA. In April 2008, the EEOC settled a lawsuit concerning Wal-Mart’s failure to hire an individual with cerebral palsy in Richmond, Mo., for $300,000 and injunctive relief. According to its web site(Wal-Mart) , “Today, 7,357 Wal-Mart stores and Sam’s Club locations in 14 markets employ more than 2 million associates, serving more than 179 million customers a year.”

During Fiscal Year 2007, disability discrimination charges filed with the EEOC under the ADA increased 14% to 17,734 -- the highest level in a decade. Approximately one out of every five private sector charge filings with the EEOC contains an allegation of disability discrimination.

Justice has been served

Sunday, May 18, 2008

Mobile agreement between New Era and Teamsters paves way for overwhelming union vote in Jackson facility

"The Teamsters reached an agreement with New Era Cap earlier this year with its Mobile, Alabama workers that helped lead to today's victory." - Jimmy Hoffa Jr., President International Brotherhood of Teamsters

In Feburary 2008, the Teamster, New Era Cap and the NAACP jointly announced a tentative 3 year agreement in the Mobile, Alabama facility. Part of that agreement was that the company and the union would remain neutrality, whereby they would stand clear of coercion in the organizing of other New Era Cap facilities.

Friday, the workers in the Jackson, Alabama facility, which employees 326, voted overwhelmingly, 209-77, to become union members in the Teamsters Local 991.

"We are pleased to welcome the New Era Cap workers to the Teamsters and we will work hard to represent them," said Teamsters General President Jim Hoffa. "The Teamsters reached an agreement with New Era Cap earlier this year with its Mobile, Alabama workers that helped lead to today's victory."

"I was not surprised at the size of the victory because all the workers know we need a change in how we are treated and I tip my hat to the Teamsters for coming in here and helping us," said Nancy Phelon, a three-year worker who works in Stitching. "I know the Teamsters will be behind us from now on."

Read more in the Press Release at PR Newswire
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Mobile agreement between New Era and Teamsters paves way for overwhelming union vote in Jackson facility

"The Teamsters reached an agreement with New Era Cap earlier this year with its Mobile, Alabama workers that helped lead to today's victory." - Jimmy Hoffa Jr., President International Brotherhood of Teamsters

In Feburary 2008, the Teamster, New Era Cap and the NAACP jointly announced a tentative 3 year agreement in the Mobile, Alabama facility. Part of that agreement was that the company and the union would remain neutrality, whereby they would stand clear of coercion in the organizing of other New Era Cap facilities.

Friday, the workers in the Jackson, Alabama facility, which employees 326, voted overwhelmingly, 209-77, to become union members in the Teamsters Local 991.

"We are pleased to welcome the New Era Cap workers to the Teamsters and we will work hard to represent them," said Teamsters General President Jim Hoffa. "The Teamsters reached an agreement with New Era Cap earlier this year with its Mobile, Alabama workers that helped lead to today's victory."

"I was not surprised at the size of the victory because all the workers know we need a change in how we are treated and I tip my hat to the Teamsters for coming in here and helping us," said Nancy Phelon, a three-year worker who works in Stitching. "I know the Teamsters will be behind us from now on."

Read more in the Press Release at PR Newswire
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Tuesday, May 13, 2008

Victory: Senate vote's overwhelmingly in favor of America's public safety workers

UPDATED AT Safety Workers Bill dropped for the moment, hard core anti-worker conservatives playing games

Yesterday I asked you to join with American Rights at Work to contact your Senator and ask them to approve the bill that would allow basic collective bargaining for public safety officers. Today it has been approved by a Veto-proof margin.

From AFL-CIO Now Blog (5/13/08):

The U.S. Senate today moved a step closer to approving legislation that would protect the collective bargaining rights of tens of thousands of firefighters, police officers, emergency medical technicians and other public safety officers.

By a 69–29 vote, the Senate killed a filibuster led by several extreme anti-worker Republican senators against the workers’ rights bill. Eighteen Republicans joined all Democrats in backing the move to end the filibuster. The vote on final passage is expected later this week.

Some 20 states do not fully protect the bargaining rights of firefighters, police officers and other first responders. Two states—Virginia and North Carolina—prohibit public safety employees from collectively bargaining.

With final passage near certain, the only thing that stands in the first responders’ path to securing the workplace rights most other workers enjoy is a veto threat from the Bush administration. But today’s veto-proof vote, coupled with last July’s 314–97 House vote, provides more than the two-thirds majority needed in each chamber to overturn a veto.

North Carolina's anti worker measures now losing ground

North Carolina's anti-worker laws and failures of labor law enforcement have been reported on this site and at Union Review for a while now, from breaking the bylaws of NAFTA by outlawing collective bargaining and freedom of association for public employees, in which Mexico filed charges with the United Nations International Labor Organization, to the recent Charges filed by over 40 North American unions against the state to the blatant discrimination and disregard for safety standards in the states meat cutting industry . You can check out the stories below

Sunday, April 20, 2008

Davenport, Iowa: ATT workers say Union Yes

From the Quad City times (4/20/08) :
AT&T call center workers opt for union
By Jennifer DeWitt

Employees at the new AT&T Customer Care Center in Davenport have voted to be represented by the Communications Workers of America, AFL-CIO, the union president said Friday.

Francis Giunta, the president of CWA Local 7110, said a majority of the call center employees agreed to unionize in a card-check drive that began Monday. In the first six hours of the union drive, CWA had received the required 50 percent plus one vote necessary for the workplace to have union representation.

“It was almost unprecedented,” he said of the quick approval. In a card-check drive, employees vote “yes” or “no” for union representation on a union registration card.

He said the vote “tells me people understand the value of a union, the value of healthcare benefits and the value of a voice at work. And it tells me the labor unions are not a thing of the past.”

Giunta did not know how many of the center’s employees had voted in favor, but once the union is in place all the employees will be represented by the bargaining unit whether they do or do not join the union.

The AT&T employees will become part of Local 7110 and will be covered by an existing contract, which expires Feb. 7, 2009.

Across the nation, CWA and AT&T have a voluntary card-check and neutrality agreement.

“AT&T has a long-standing agreement with its unions that allows them to organize bargaining units wherever and whenever employees choose to join one of the unions,” Bob Beasley, AT&T spokesman, said.

The new $19.3 million call center at 5348 Elmore Circle eventually plans to employ between 500 and 600 employees. Giunta estimated the current employment at about 130. The center opened with 60 employees in January.
Jennifer DeWitt can be contacted at (563) 383-2318 or jdewitt@qctimes.com. Comment on this story at qctimes.com.
Read Full Story

Again a big thanks to, recovering from surgery, Omaha Steve from Democratic Underground's Labor section for the heads up. Link below

img258/6222/urcolbotzi2va8.jpg

Ca: State to review cases where people got dropped from health insurance after getting sick and submitting bills

This follows the story I published on (2/23/08): Health Net ordered to pay $9 million after canceling cancer patient's policy

From The LA Times (4/18/08):
Hope for patients who lost insurance policies
A state review will give many whose insurance was canceled during treatment a chance to get it back.
By Lisa Girion and Marc Lifsher, Los Angeles Times Staff Writers

Thousands of people whose policies were canceled by California health insurers will have a chance to win back their coverage and be reimbursed for outstanding medical bills, the Schwarzenegger administration announced Thursday.

The state's action is the boldest yet in dealing with the industry's increasingly controversial practice of canceling individual coverage -- known as rescission -- after patients have taken ill and submitted medical bills.

Cindy Ehnes, the director of the Department of Managed Health Care, said she would reopen policies dropped over the last four years by the state's five major insurers and submit them for reconsideration to an independent arbiter.

Those determined to have been wrongly canceled would be reinstated, and the insurers would be responsible for medical bills incurred while patients were without coverage, she said.

"Rescission is a harsh practice," Ehnes said. "It strips people of coverage and causes them to be uninsurable at the very time they need it most. For the first time, we are giving people a second chance to get that health coverage. We are putting our full regulatory and enforcement action to work on this. We are opening the door to health coverage for those thousands of Californians who have been impacted over the last four years."

Ehnes' department, Insurance Commissioner Steve Poizner, Los Angeles City Atty. Rocky Delgadillo, lawmakers and the courts are all scrutinizing the practice.

Those efforts gained steam in February when the first judgment in a rescission case awarded $9 million to a breast cancer patient whose coverage was canceled during chemotherapy. Health Net Inc., the insurer in that case, and Kaiser Permanente have voluntarily stopped canceling patients while awaiting guidance from authorities.

An industry spokesman said insurers have been making changes in an effort to restore confidence in the affected individual market, where consumers without access to employer-based or other group coverage can buy their own policies.

Christopher Ohman, president of the California Assn. of Health Plans, said, "On their own, health plans have been implementing new policies to strengthen and make more transparent the process for rescinding policies."
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The Man Common News

Sunday, April 13, 2008

Starbucks, KFC and Pizza Hut, 3500 workers say Union Yes, Mickey D's next, BK and Wendy's negotiations later this year

Holy Crap! 3,500 workers in Starbucks, KFC and Pizza Hut nationwide said "Union Yes!"

Restaurant Brands (Starbucks, KFC and Pizza Hut) Get A Collective Voice
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I didn't even know they were being organized, but the fact remains, all these workers across the nation decided their lives would be better if they joined as a collective body, according to NZ Herald (4/12/08) :
...Union membership has more than doubled to nearly two thousand in Restaurant Brands stores after a union employment agreement was reached last week covering 3500 workers in Starbucks, KFC and Pizza Hut nationwide.
How did this all come about? How has life changed for the new union members at the collective "Restaurant Brands", parent of the 3 chain stores above?
"We have now reached between 50 per cent and 100 per cent membership density in most fast food stores, which is an extraordinary result considering four years ago membership in the sector was less than a paltry one per cent and the union is still growing."

Wage rates moved for Restaurant Brands workers by 75 cents and $2.25 per hour (6.75 per cent - 21.37 per cent), meaning 90 per cent of members wages increased by more than a $1 an hour.

Restaurant Brands says it now pays between 50 cents and $3.00 more an hour for their long-serving and experienced employees than their competitors.
McDonald's is next, Burger King and Wendy's negotiations take place later this year.

http://www.greenpeace.org/raw/image_full/international/photosvideos/photos/ronald-mcdonald-is-arrested-in.jpg

From: Unite - Union Of Workers (4/7/08)

However, Unite and McDonalds are currently in negotiations and Burger King and Wendys negotiations take place later in the year.

“Unite is pleased that Restaurant Brands is leading the way in moving wage rates and by recognising the importance of these kinds of union agreements to workers.

“The entire fast food industry is made up of casual workers. Restaurant Brands has recognised this and has agreed to provisions that work towards more secure hours for their employees, including the formation of a joint union-employer working party to oversee this.

“Youth rates have also been completely removed, which will have a huge effect as over half of the workforce is under the age of 20 years.

“Three years ago Unite launched the Supersizemypay.com (*now defunct URL-Joe) campaign to achieve $12 an hour, end youth wages and win more secure hours. We are proud to announce that this has been achieved.” McCarten concluded.

Achieving $12 an hour, ending youth wages and winning more secure hours!

How did this news miss the Main Stream? Because it's not in the United States, it's in New Zealand.

Four years ago, there were less than 1% of workers in the fast food industry, in NZ., who were in a union, today there are 50% with more on the way, workers immediately got a 6.75-21.3% raise.

Burger King Still The Worst Of The Lot

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As with the Coalition of Immokalee Workers campaign here in the states, which is trying to end the slave like conditions of tomato workers here in Florida, Burger King is remaining the leader of anti-worker practices, even in New Zealand, where according to the Socialist Party Of Australia (12/06/07) :
“Burger King, whose employees are largely young workers, has agreed to shift the youth rate next year from $8.35 to $9.00 - an increase of 7.8 per cent. Adult crew workers will receive a 7.3 per cent increase.

“Burger King’s wage proposal is well below Restaurant Brands ($9.23) and McDonald’s ($9.50 after six months) and is not an offer Unite is willing to accept. We will continue to negotiate with Burger King to improve this offer and settle the last remaining issues so we can sign a collective agreement. Hopefully this will occur before Christmas.

“In the meantime we will be conducting a public campaign to put pressure on Burger King to join the other fast food companies in settling a collective agreement.
As Omaha Steve, who posted this story at Democratic Underground, expressed:
If New Zealand can do this, so can the US!
I couldn't agree more, unfortunately here in the States you can't even get Burger King to pay 1 cents a lb. more for tomatoes, to give the slave farmers in Florida a better living. Which would bring up an entire new story, something along the lines of: "40 Years After Death Of MLK, Multi-National Corporations like their slave class", but slavery has been abolished, there's no slaves in the United States!

Democratic Underground

Tuesday, April 1, 2008

Caving in to the publicity, Wal-Mart drops suit against disabled former worker Deborah Shank

Wal-Mart caves in to bad publicity

This is a follow up to "Wal-Mart wins "Worst person in the world"" posted on 3/31/08, which detailed the case and was originally posted on the Change to Win WebBlog by Jason Lefkowitz on 3/27/08

From USA Today (4/01/08):
Wal-Mart Stores Inc. is dropping a controversial effort to collect over $400,000 in health care reimbursement from a former employee who is confined to a southeast Missouri nursing home since she suffered brain damage in a traffic accident.

The world's largest retailer said Tuesday in a letter to the family of Deborah Shank it will not seek to collect money the Shanks won in an injury lawsuit against a trucking company for the accident.

Wal-Mart's top executive for human resources, Pat Curran, wrote that Shank's extraordinary situation had made the company re-examine its stance.

Deborah's husband Jim Shank welcomed the news. Family lawyer Maurice Graham of St. Louis said Wal-Mart deserves credit for doing the right thing.

"It's a good day for the Shank family," Jim Shank said in a statement.
Businessweek continues (4/1/08) :
Pat Curran, executive vice president for human resources at Wal-Mart Stores U.S., wrote that Shank's extraordinary situation had made the company re-examine its stance.

Deborah's husband Jim Shank welcomed the news. Family lawyer Maurice Graham of St. Louis said Wal-Mart deserves credit for doing the right thing.

"It's a good day for the Shank family," Jim Shank said in a statement.

Wal-Mart has been roundly criticized in newspaper editorials, on cable news shows and by its union foes for its claim to the funds, which it made in a lawsuit upheld by a federal appeals court.

Insurance experts say it is increasingly common for health plans to seek reimbursement for the medical expenses they paid for someone's treatment if the person also collects damages in an injury suit.

The practice, called "subrogation," has increased since a 2006 Supreme Court ruling that eased it.

Wal-Mart's Curran said the retailer was required by the rules of its plan to seek reimbursement from the Shank's settlement. But she said the case has made Wal-Mart revise those rules to allow for flexibility in individual cases.

"Occasionally others help us step back and look at a situation in a different way. This is one of those times," Curran wrote in the letter.

Shank, 52, lost much of her memory and ability to communicate or walk in a crash between her minivan and a tractor trailer in May 2000. Her family sued the trucking company and won $700,000. Court records show that after attorney's fees and costs, the remaining $417,477 from the settlement went into a trust to care for Shank.

The fund now has about $270,000, the family said.

Shanks' health insurance was through Wal-Mart, where she worked nights stocking shelves. After the Shanks won their lawsuit, Wal-Mart sued the Shank family to recover medical costs totaling about $470,000.

Wal-Mart won its case and subsequent appeals by the Shanks that went as far as the Supreme Court, which closed legal avenues this month by declining to hear the case.

During the case, the Shanks also lost one of their three sons when Jeremy, 18, was killed in Iraq last year while serving in the Army.

The case put a spotlight on the growing use of reimbursement claims by health plans, experts say.

Roger Baron, professor of law at the University of South Dakota and a specialist in health-plan law, said health plans have become "very aggressive" about subrogation since the 2006 Supreme Court decision.

"It's free money. They want the free money," Baron said.

Lynn Dudley, vice president for policy at the American Benefits Council in Washington D.C., said the negative publicity around the case was beginning to draw the attention of lawmakers who might want legislation to stop or limit subrogation.

"Capitol Hill is paying attention," Dudley said.

Baron said Wal-Mart's size -- it is the nation's largest nongovernment employer, with over 1.3 million workers -- means that its willingness to compromise in an individual case may have a wider impact on reimbursement practices by other health plans.

"I'm so pleased to see an element of reason because so much of this subrogation has been about just blindly going after the money," Baron said.
Capitol Hill should be paying attention.

Monday, March 31, 2008

Speaking of Wal-Mart

Score one for the little guy, from Public Citizen (3/21/08) :

Federal Court Rejects Wal-Mart’s Trademark Claim Against Web Critic
Public Citizen Argued First Amendment Protects Parody of Company’s Logos

WASHINGTON, D.C. – A federal judge today upheld a Georgia man’s First Amendment right to criticize Wal-Mart’s business practices by using satire to compare its destructive effects on communities to both the Holocaust and al-Qaeda terrorists.

In rejecting the company’s claim of trademark infringement, the U.S. District Court for the Northern District of Georgia in Atlanta found that Charles Smith’s parody Web sites (www.walocaust.com and www.walqaeda.com) and related novelty merchandise were protected speech and that a reasonable person would not confuse their use with Wal-Mart’s legitimate trademarks. The court also rejected Wal-Mart’s claim that it has trademark rights in the “smiley-face” that Smith used in one of his parodies.

Public Citizen and the American Civil Liberties Union of Georgia Foundation defended Smith after Wal-Mart sued the Conyers, Ga. man in 2006, claiming he infringed on its trademark by creating parody logos and Web sites built around the “Walocaust” and “Wal-Qaeda” concepts, including the image of an eagle clutching a yellow smiley face, similar to the one Wal-Mart uses in advertising. Smith also put the design on T-shirts, bumper stickers and other items that he sold on CafePress.com.

Judge Timothy C. Batten Sr.’s decision reaffirms an important point of trademark law – that even though a parody is placed on a T-shirt and sold, it nevertheless represents non-commercial speech that is fully protected by the First Amendment and, thus, is not a proper basis for a trademark action, said Paul Alan Levy, a Public Citizen attorney, who represented Smith along with Gerald Weber of Atlanta.

“This ruling shows that even the biggest company in America is subject to parody, and that trademark rights must yield to the right of free speech,” Levy said. “This is a resounding victory for First Amendment rights and sends a clear message to big corporations that would try to use their deep pockets to intimidate and silence their critics.”

Although Wal-Mart spent more than $200,000 on an “expert” witness to prove that consumers seeing these parody T-shirts were likely to be confused, the judge properly recognized that the expert’s testimony was junk science and flew in the face of common sense.

READ the decision.

LEARN more about Internet free speech.

200,000 dollars!!!! Are you kidding me, it's just a damn shirt.

Thursday, March 20, 2008

Bronx, NY: Victory! SEIU 32BJ comes to terms for better contract after strike is called

Update to this mornings->Bronx NY: SEIU 32/BJ walking off the job, 4,000 now on strike!

WOW! Got the news at the New York Central Labor council, sources say the agreement came around 1:00AM. Hope they saw the story on the site. Though it needs member ratification, there is now a tentative agreement on the table.

From NY1 (9 hours ago on 3/20):
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Video Link in Real Media format

A strike that would have put thousands of Bronx apartment building workers on the picket line has been avoided.

Local 32BJ announced Thursday morning that it had reached a tentative deal with the Bronx Realty Board after encouraging talks overnight.

Nearly 4,000 building workers threatened Wednesday to walk off the job. About 300 buildings would have been affected.

The new deal calls for a wage increase that amounts to $20 a week for the maintenance workers, porters, and doormen who have been working without a contract. Union leaders say that it is the largest increase ever negotiated with the Bronx Realty Advisory Board.

The new contract also calls for pension increases, along with improved health care and worker training programs.

"They reserve respect and dignity on the job," said Local 32BJ Executive Vice President Kyle Bragg. "One way of doing that is to be able to come to work with a peace of mind, knowing that you make a livable wage and that you have benefits in place that will provide security for yourselves and your family."

"We reached a package we were aiming for and I'm happy," said a union member.

Some local residents who spoke with NY1 said the workers deserve a fair wage.

"The building is clean and they keep in safe," said a Riverdale resident. "They're really great people."

"I hope the garbage doesn't pile up," said another. "But they work very hard and I don't understand why they don't get paid what they deserve."

The three-year contract still needs to be ratified by the union members.
I think the resident were going to be behind them 100%, Joe's Union Review and everyone who the guy who runs this site certainly was. Avoiding a strike is a victory for the workers and for the residents.

Sunday, March 16, 2008

Brooklyn,NY: Handyfat workers win $360,000 in back pay, with help from IWW and Make the Road by Walking

UPDATE to-> NY & Surrounding Area : IWW I.U. 460/640 Needs Our Help !!!

From: The Industrial Workers of The World (3/13/08)

IWW to picket Handyfat Trading in celebration of jury award for 6 fired workers of $360,000 in back pay!

Workers from Handyfat Trading founded IWW Industrial Union 460 in December 2005. They were instrumental and active in organizing all the other food service shops that have joined IU 460 since then (ten shops). In addition, these workers along with the workers from EZ Supply/Sunrise Plus achieved the first collective bargaining agreements in this segment of the food industry.

In December 2006 and January 2007, all union members from both Handyfat and EZ Supply were fired. After winning orders of reinstatement and back wages at the NLRB, the workers now begin to win the court battles for their stolen backwages.

The IWW will be holding a picket and press conference this Saturday at Handyfat.

Saturday - March 15th, 2008 at 10am

at Morgan and Thames street in Bushwick, Brooklyn (Look for the big rat on the corner) L train to the Morgan Avenue station The press will be invited to talk to the workers about their struggle and victory.

From UnionReview - NY & Surrounding Area : IWW I.U. 460/640 Needs Our Help !!!

The Story at Handyfat (9/22/07)

In August of 2005, Pablo Montes and Carlos Hidalgo, workers from Handyfat Trading Corp., attended a meeting of Workers in Action, the labor group at the Bushwick, Brooklyn, community organization Make the Road by Walking. They spoke of terrible working conditions: they worked 60 or more hours for a mere 280 dollars per week (at most $4.66/per hour with no overtime); they had no benefits or sick days, and they were called "dirty Mexicans" and worse by an abusive manager. Afterwards, they agreed to bring their fellow workers to meet with two IWW organizers/Make the Road members, six of whom joined the union. On December 5, 2005, over 50 supporters joined the Handyfat workers in a march to declare their IWW membership and demand that the owner observe the wage and hour law. By the end of the winter, the owner was paying legal wages, and the union had won a minority contract, complete with wage increases, sick days, vacation time, and other perks.
You can read more about Make the Road by Walking at UnionReview in the article entitled:
Brooklyn , NY - Fighting For the Little Guy And Winning
and you can read more about the IWW with a search at UnionReview,
While this is a huge victory for the workers, as of 9/22/08, the IWW local 460/640 had been dropping deeply into debt supporting these workers. You can contact them to see if they still need assistance. Hopefully the NLRB decision made them whole again.

Friday, March 14, 2008

First union on Indian land, victory for the dealers at Foxwoods, union election upheld

Victory!

Been following this story for a few months and actually spoke to some workers at Foxwood around Christmas. Good for them, they were starving for representation.

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From a UAW press release 3-14-08
UAW at Foxwoods' union election upheld

HARTFORD, Conn. - In an important victory for workers rights, NLRB Administrative Law Judge Raymond P. Green today upheld November's overwhelming vote by casino dealers at Foxwoods to form their own union.

This ruling dismisses all of Foxwoods' objections to the election and clears the way for the National Labor Relations Board (NLRB) to certify the union election results.

"We are thrilled that Judge Green affirmed that our election was a free and fair measure of the will of the dealers," said Denise Gladue, a dual-rate dealer in Table Games. "We have won every ruling and we won our election by a decisive margin. We have waited long enough. Management needs to respect our majority, recognize our union, and negotiate a fair contract."

Casino dealers voted Nov. 24 by a 3-to-2 margin in favor of unionization. The Mashantucket Pequot Tribal Nation and Foxwoods filed objections to the election, trying to get it overturned. The charges claimed that voters did not understand the ballot or the meaning of the union election. They also alleged misconduct by the union including threats and intimidation. All of the allegations were dismissed.

"We speak many languages, but we all know how to say, 'Union Yes!' And everybody who works here knew exactly what our election was about: We want a union!" said Wei Ching Siu, a part-time Table Games dealer. "My coworkers and I want a healthy workplace, wages and benefits we can count on, and we want respect. We all knew what we were voting for - a huge majority of us worked hard to win our union."

"Gaming employees have a definite home in our union," said Elizabeth Bunn, secretary-treasurer of the International Union, UAW. "The dealers at Foxwoods join a growing tide of casino workers standing together and standing up for a voice on the job."

The UAW represents more than 8,000 gaming employees nationally, including workers in Atlantic City, N.J.; Newport, R.I.; Evansville, Ind.; and Detroit.

"We are very proud to stand with the Foxwoods workers in fighting for good jobs in southeastern Connecticut," said Bob Madore, director of UAW Region 9A. "From the beginning, the Foxwoods dealers have been very impressive in standing together.
Read Full Press Release
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