Labor Notes

By Haley Czarnek - Labor Notes, October 6, 2022

Across the state of Alabama, where the state’s longest-ever strike is currently ongoing at Warrior Met Coal after over 18 months, another historic labor stoppage is in its second week. Thousands of incarcerated people at every major male prison in Alabama have refused to report to their work assignments.

“The message that we are sending is, the courts have shut down on us, the parole board has shut down on us,” a strike organizer who goes by Swift Justice told a reporter for independent news site Unicorn Riot. “This society has long ago shut down on us. So basically, if that’s the case, and you’re not wanting us to return back to society, you can run these facilities yourselves.”

“It makes no sense for us to continue to contribute to our own oppression,” Kinetik Justice, another striking prisoner, told Unicorn Riot. “We finance our own incarceration through our free labor and spending every dime we get in the canteens and so forth. It is our money and our family’s money that is used to keep us incarcerated and oppressed like this.”

The strike has its roots in years of inside organizing. In 2016, the Free Alabama Movement successfully led a 10-day nationwide strike that aimed to spotlight how the 13th Amendment has allowed the institution of slavery to transform itself, in spite of its abolition on paper. (The 13th Amendment banned slavery and involuntary servitude, “except as a punishment for crime whereof the party shall have been duly convicted.”) That strike spanned at least 40 facilities in 24 states.

By Amy Goodman, Nermeen Shaikh, and Ron Kaminkow - Democracy Now, September 15, 2022

By Joe Burns - Jacobin, September 9, 2022

Railroad workers bargaining for better pay and working conditions are at an impasse with their employers, causing the federal government to intervene to ward off a disruptive strike. But railworkers should be allowed to strike if and when they want to.

For months, 140,000 union railroad workers have been stuck at an impasse with their employers, who are united under the banner of the Association of American Railroads. The terms of the dispute should be familiar to most workers: attendance policy, staffing, and wage increases. Despite record profits, rail employers have cut staffing, placing enormous burdens on workers that aren’t reflected in their pay.

By all accounts, railworkers are in a militant mood. An attendance policy prompted rail unions to attempt to strike earlier this year. In July, 99 percent of union members who cast ballots voted to authorize another strike, prompting President Joe Biden to intervene in August.

In order to avert a strike, Biden appointed a presidential emergency board (PEB) to reach a compromise and settle the dispute. The PEB put some money into wages but predictably did little on the workers’ core workplace concerns. The rail unions are unenthusiastic about the PEB ruling, and the largest groups have not been willing to put the recommendations out for membership ratification. While bargaining continues, the unions will be eligible to strike on September 16, which is thirty days following the PEB recommendation.

That eligibility requirement is a term of the Railway Labor Act (RLA), passed in 1926, which regulates bargaining in the rail and airline industries. Even though the RLA protects the right to strike in words, politicians in both parties have used the legislation to strip railroad workers of that right in practice, often ramming settlements down the throats of striking workers.

Over the years, Congress has intervened several times to delay strikes and sometimes even impose terms on railroad workers. President Harry Truman threatened to have the Army run the railroads in 1950 during the Korean War. In the 1960s, President Johnson imposed a longer no-strike period on rail workers. President Barack Obama delayed a threatened strike in 2011.

Just hours into the last nationwide major rail strike in 1991, Congress passed legislation imposing the very contract workers rejected. The legislation required further bargaining but held that if no agreement was reached the terms of the PEB would be implemented, even though the unions had already rejected those terms.

Republicans and nearly all Democrats lined up to take away railworkers’ right to strike in 1991 — the final vote was 400 to 5. This controversy created widespread disaffection with the Democratic Party, even spurring the Brotherhood of Maintenance of Way Employes to endorse Labor Party Advocates, which was the last serious attempt to create a labor party in the US.

By Joe DeManuelle-Hall - Labor Notes, September 1, 2022

Railroad unions continue their slow creep along the path to a settlement—or strike—in contract negotiations covering 115,000 workers. On August 16, the Presidential Emergency Board convened by President Biden issued its recommendations for a settlement. Many rail workers say they fall short and are prepared to strike to win more.

The PEB recommended 22 percent raises over the course of the five-year contract (dating back to 2020), which would be the highest wage increases rail unions have seen in decades. But they are offset by increases in health care costs—and come in the midst of high inflation.

The PEB also refused to touch almost any of the unions’ demands on work rules and conditions, either denying them outright or suggesting that the unions return to the slow negotiation and arbitration process they have already languished in since November 2019. Unions have been demanding a sick leave policy—rail workers have no sick days—and the PEB refused them. The PEB also refused to take a position on the strict attendance policies have infuriated many rail workers.

“By not addressing these issues and this generalized discontent among the workforce, the PEB has acted irresponsibly, their recommendations doing little to nothing to stem the tide of discontent nor address the ongoing mass exodus of workers from the industry,” said Jason Doering, general secretary of the cross-union solidarity caucus Railroad Workers United.

By staff - Railroad Workers United, August 30, 2022

On August 16th, Presidential Emergency Board #250 released its official Report and Recommendation for a negotiated settlement to the ongoing dispute between the United Rail Unions and the National Carriers Conference Committee. The next day, the rail carriers wasted no time in proclaiming it a “fair and equitable” basis for an Agreement with the various unions. Within a few days, the rail unions responded by announcing their discontent yet began the arduous process of packaging a TA that the members would vote for, extolling the “positive side” of the PEB #250 to the membership.

Meanwhile, as the news filtered out and rank & file workers began to process the contents of the PEB Report, emotions ran the gamut from betrayal and sadness to letdown, frustration, anger, and resentment. One thing that unites all rail workers is the feeling of deflation after hopes had been flying high for a favorable PEB that might right some of the wrongs that rail workers have endured for decades.

What most railroaders are so upset about regarding the PEB is not so much what the PEB is recommending in terms of wage increases (although most workers appear not too jubilant about that), but rather, what the PEB simply chose to ignore. This year was supposed to be our time when rank & file rail workers could hold their heads high, value their jobs, be proud once again to be part of the rail industry, look forward to the coming years, and ultimately, to their retirement from the industry. Unfortunately, the PEB Report has cast a long shadow upon those hopes and expectations.

An interview with Ross Grooters - Jacobin, August 18, 2022

With railroad companies refusing to offer employees a favorable contract, 115,000 railworkers could soon launch a nationwide strike. We spoke with a train engineer about the industry’s brutal working conditions — and why a strike could spread like wildfire.

With railroad companies refusing to offer employees a favorable contract, 115,000 railworkers could soon launch a nationwide strike. We spoke with a train engineer about the industry’s brutal working conditions — and why a strike could spread like wildfire.

Rail unions in the United States representing 115,000 workers have been locked in negotiations with rail carriers for over two years. This week, a Presidential Emergency Board (PEB), convened by the Biden administration to intervene in the dispute, issued its recommendations for a settlement. The railroads have stated their support for the deal, so the outcome is now in the hands of the twelve unions that represent freight railworkers — as well as Congress, which could intervene to force a deal.

But many railworkers are opposed to the PEB recommendations, which they view as lopsided in favor of railroad companies. They point to their deteriorating working conditions — including inhumane schedules and “lean production” policies that pile on work and threaten their safety and that of the public — and ask why they should accept givebacks when companies don’t even respect their labor. Indeed, in the PEB recommendations, the board reports that “the Carriers maintain that capital investment and risk are the reasons for their profits, not any contributions by labor.”

Some workers are now talking about a national strike — an action that that hasn’t occurred since 1991 and that could have massive economic and political effects during an election year and an uptick in labor activity.

In a conversation with Joe DeManuelle-Hall of Labor Notes, Iowa-based freight engineer Ross Grooters discussed how working conditions on the railroad have gotten worse, why he opposes the deal on the table, and what a national rail strike could look like in the United States.

By Paul KD - Tempest, August 12, 2022

Paul KD: President Biden just appointed a Presidential Emergency Board to help resolve the current negotiations around a national rail contract. What is the PEB, and what is its role in the negotiations?

Ross Grooters: A PEB is a U.S. president-appointed group of three mediators. These three people typically have experience in labor case law and mediation. They will look at the merits of the United Rail Unions’ Coordinated Bargaining Coalition proposal and the National Carriers’ Conference Committee proposal, and from there they have 30 days to make a non-binding contract recommendation based on their findings. Their recommendation should occur in the middle of August (the 18th, I believe).

PKD: What can rail workers do to put pressure on the PEB? What are the unions and the companies doing to lobby the PEB, and the Biden Administration more broadly?

RG: Both the unions and the companies are waging narrative battles in the press. It’s a tale as old as labor and capital. While it’s important, at least as far as rank and file railroad workers are concerned, I believe the PEB is the wrong point of pressure. What’s done is done and we can’t necessarily impact the PEB recommendation directly. Besides both the unions or the carriers (railroad companies) can reject the PEB recommendation. I believe this is a likely outcome. Once this occurs there is a 30 day cooling-off period before a work stoppage—lockout or strike—could occur. The timeline for this is mid to late September. Because of this I believe our best course of action is to continue building support for a strike. Organize our locals and community support, and hold rallies. Under the Railway Labor Act, an act of Congress can force us back to work. Our congressional members would then legislate an agreement—that’s where we can lobby. Until that happens, we have the ability to threaten a work stoppage. We need to leverage that power.

By Alain Savard - Labor Notes, April 4, 2022

If Don Blankenship were a fictional character, critics would say he was a cartoon evil capitalist. Unfortunately, he’s real. One of his lesser crimes was to dump toxic coal slurry into disused mineshafts, poisoning the water of his neighbors, all to save $55,000. While they sickened, he piped his own water from the nearby town of Matewan. Yes, that Matewan. He has characterized strikes as “union terrorism.”

As chair and chief executive of Massey Energy, he received production reports from Upper Big Branch mine every half hour, including weekends. And no wonder, Blankenship’s compensation was tied to production, and UBB produced $600,000 worth of top-quality coal every day in a mile-deep operation near Whitesville, West Virginia.

That is, until it exploded in a completely preventable disaster that killed 29 miners on April 5, 2010.

The workers knew something bad was bound to happen. Methane readings were too high, the ventilation and air control systems were a shambles. One day the mine was sweltering, the next freezing cold. They operated in a fog of coal dust and exhaustion. Management threatened anyone who spoke up.

“Coal Country,” a play recently re-opened at Cherry Lane theater in New York, tells the story of the disaster through the words of the miners and their families. They are backed up by stunning original songs by Texas songwriter Steve Earle, who accompanies himself on guitar or banjo from the corner of the stage. “The devil put the coal in the ground,” he growls, and you can believe it. Jessica Blank and Erik Jensen created the play, and Blank directs it.

Performance Coal, the subsidiary of Massey that ran Upper Big Branch, was created specifically to exclude the union. Gary Quarles (played by Thomas Kopache), recalls that when he first hired into the mine, he couldn’t believe how management shouted at the men. That wasn’t tolerated on his union jobs. Unrelieved overtime was another difference.

Managers brought in experienced miners like Quarles for their knowledge about extracting coal, but dismissed their knowledge about how to run a safe mine. Union mines are safer according to Phil Smith of the United Mineworkers of America, "because workers elect their own safety committees and they know they can report hazards without fear of retribution.”

By Eric Dirnbach and Ksenia Fir - Labor Notes, March 24, 2022

This is part of an occasional series where we look back at the “labor episode” of a TV show. The Star Trek series Deep Space Nine has a great union episode with lessons about organizing in a customer service industry. Spoilers ahead for the fourth-season episode “Bar Association”!

Star Trek: Deep Space Nine (1993-1999) is generally considered the most overtly political of the Star Trek franchise. Unlike other iterations of the show, it is set not on a Federation Starfleet ship, but a space station populated by individuals of diverse races whose cultures are often in stark contrast with the post-scarcity, post-capitalist Federation.

The fourth-season episode “Bar Association”—a must-watch for Trekkies interested in unions—depicts a labor struggle at the station’s prominent entertainment spot: Quark’s Bar, Grill, Gaming House and Holosuite Arcade. Bar owner Quark (played by Armin Shimerman) is a Ferengi—a member of a non-human species whose culture is very capitalistic and misogynistic. Their behavior is strictly controlled by The Rules of Acquisition, a set of tenets like “Employees are the rungs on the ladder of success—don’t hesitate to step on them.”

The workers at Quark’s Bar fall into two categories: Ferengi male waiters (Ferengi women are forbidden to work) and “Dabo girls”—a diverse group of beautiful women from non-Federation planets who act as eye candy and encourage guests to spend more at a roulette-style game. Dabo girls experience frequent sexual harassment from patrons and Quark himself.

By Joe DeManuelle-Hall - Labor Notes, March 8, 2022

When “microtransit,” the new rage in transit privatization, showed up in Denton, Texas, union activists decided to fight back.

Microtransit is a loosely defined term that combines on-demand service with flexible scheduling and routes—imagine replacing a bus system with shared Ubers. It is presented as a high-tech alternative to public transit, but in reality it’s an extension of the drive to privatize.

Some local governments around the country have already handed off operations of their public transit systems to large private operators like Keolis and MV Transportation. This move takes it one step further: dumping the buses and bus drivers altogether.

MICRO-PRIVATIZATION

Denton is a small city in the Dallas-Fort Worth metropolitan area, home to two universities. The Denton County Transportation Authority operates buses and a light rail line in Denton and two neighboring cities.

The mayor and the transit agency began exploring alternatives to the existing transit system several years ago, nominally to save money. In 2020, Dallas’s transit system adopted a microtransit pilot, contracting with Uber to provide the service. Following their lead, Denton sought out microtransit and decided to go with a company called Via, a former competitor to Uber and Lyft that got iced out of the rideshare market and rebranded itself as a microtransit company. It has since chased after cities and counties, offering to supplant their public transit systems.

And that’s exactly what Via set out to do in Denton: replace all fixed-route bus service with on-demand vehicles driven by independent contractors who are hailed by an app. Drivers operate rented vehicles that they’re responsible for. For the DCTA, this comes with the benefit of getting rid of the existing unionized workforce and the capital investment that comes with maintaining and operating a bus system.