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Biden’s NLRB Forces Alabama Coal Miners to Pay $13 Million in Damages for Strike

By Daniel Werst - Left Voice, August 18, 2022

The NLRB is imposing a $13 million fine on the UMWA coal miners’ union over a protracted strike in central Alabama. Not just a fine, in fact, but monetary restitution to the company that the strikers are fighting. What explains this profoundly anti-labor decision?

On August 3, the United Mine Workers of America (UMWA) and the Associated Press reported that the subunit of the National Labor Relations Board (NLRB) for Region 10 (much of the South) has ordered the union to pay $13.3 million to Warrior Met Coal.

About 1,000 workers from two mines and two aboveground facilities southwest of Birmingham, Alabama, have been on strike against Warrior Met since April 2021, resisting brutal working conditions. Now the Biden NLRB is demanding the UMWA pay what amounts to $13,000 per striker into the company’s pocket. The government says this is reimbursement for security guards, security cameras, repairs, and production lost because of the strike, plus buses for carrying scabs across picket lines.

This workforce routinely does six-day weeks and 12-hour days. The company operates on Sundays and almost all holidays. A hated company policy fires workers automatically if they miss four days of work in a year, even because of health problems or family emergencies.

Early in the strike, the company offered a raise of $1.50 an hour for 2021 to 2026. Workers retorted that back in 2016 they accepted a $6-an-hour reduction when the company declared bankruptcy and threatened mass layoffs if the workers didn’t “help” shore up its profitability. More than 95 percent of the strikers voted no when the UMWA leadership put up this company offer as a tentative agreement.

The $13.3 million NLRB judgment is more than half of the strike pay distributed to 1,000 strikers in 16 months. The UMWA provides only $350 a week, or $18,000 a year, for miners’ families to live on. The money grab goes to a company that made $146 million in profit for January to March this year and last year paid its CEO $5.7 million.

NLRB demand for UMWA to pay Warrior Met Coal strike costs “outrageous,” threatens American workers’ right to strike

By staff - United Mine Workers Of America, August 3, 2022

The United Mine Workers of America today made it clear that it will vigorously challenge an outrageous assessment of damages made by the National Labor Relations Board Region 10 regarding the UMWA’s 16-month strike against Warrior Met Coal in Alabama.

“This is a slap in the face not just to the workers who are fighting for better jobs at Warrior Met Coal, but to every worker who stands up to their boss anywhere in America,” UMWA International President Cecil E. Roberts said. “There are charges for security, cameras, capital expenditures, buses for transporting scabs across picket lines, and the cost of lost production.

“What is the purpose of a strike if not to impact the operations of the employer, including production,” Roberts asked. “Is it now the policy of the federal government that unions be required to pay a company’s losses as a consequence of their members exercising their rights as working people? This is outrageous and effectively negates workers’ right to strike. It cannot stand.”

The union entered into a settlement agreement in June with NLRB Region 10 regarding charges the company had made about picket line activity in order to save striking members and families from days of hostile questioning by company lawyers. On July 22, the NLRB sent the union a detailed list of damages totaling $13.3 million dollars, more than 33 times the estimated amount NLRB lawyers had initially indicated would be assessed.

Warrior Met has reported millions of dollars in costs it has incurred over the course of the strike. “It appears that Warrior Met wants us to reimburse it for those costs, including costs it incurred before the strike even began,” Roberts said. “What’s extremely troubling here is that the NLRB appears to have taken up the company’s cause without a second thought.

“I want to be clear: Warrior Met Coal instigated this strike and has brutally extended it through its sustained unwillingness to reach a fair and reasonable agreement at the bargaining table,” Roberts said. “We have no intention of paying its costs for doing so. The right to strike in America must be preserved. We will fight this at every level, in every court. We will spend every penny of our resources rather than give in to something like this from the NLRB, Warrior Met or any other entity.”

Prof. Ahmed White on the Industrial Workers of the World

A shorter workweek may increase worker productivity: but that’s not why we need one

By Robert Raymond - Sharable, May 19, 2022

Studies show that a shorter workweek is healthier for people and the planet — but much of the conversation is focused on its impact on worker productivity or efficiency. This is a big mistake.

With the average worker in the United States clocking 47 hours a week, Americans are among the most overworked populations in the world — in fact, they work more hours per year than workers in almost any other industrialized country. 

Advocates of a shorter work week had a brief moment of excitement in California last month when state Democrats proposed a bill that would have required private-sector employers with more than 500 employees to pay hourly workers overtime after logging more than 32 hours a week

Unfortunately, the proposal didn’t make it very far through the legislative bill-making machine before it stalled out in committee. For the foreseeable future, the bill will remain in legislative purgatory. 

However, despite a disappointing outcome, the mere existence of the proposed bill in the state legislature is an important step toward shortening the Californian workweek — something that would be a boon to workers.

There are many benefits of working shorter hours. One that has been particularly compelling to employers is the fact that shorter hours have been linked to increased worker efficiency and productivity. For example, a 2021 study from Japan empirically determined that “when long working hours are reduced, individual productivity increases, and fewer mistakes are made at work.” 

Studies have also shown that working fewer hours actually increases worker happiness — leaving employees feeling more energized and giving them more free time to pursue their interests outside of work. 

I’d hazard a guess that the majority of us would drool over the prospect of fewer hours of wage labor and more hours in our day for rest, leisure, or — as the 19th-century slogan of the 8-hour day movement advocated — more hours to do with “what we will.

In fact, re-framing this discussion around the needs of labor rather than the needs of employers is critical for getting us on a path towards a healthier, more sustainable world where workers thrive.

Want Peace? Ditch Fossil Fuels!

By staff - Labor Network for Sustainability, April 2022

The Labor Network for Sustainability has joined more than 610 organizations in 57 countries to call on world governments to ban Russian oil and gas and to rapidly phase out all fossil fuels in the name of peace. The letter was initiated by Ukrainian climate activists and backed by Roman Shakhmatenko, Ukrainian Deputy Minister of Environmental Protection, who said: “We have to stop being indifferent. We should end using gas, oil and coal.” It calls on governments to “End global fossil fuel addiction that feeds Putin’s war machine” once and for all. It calls on governments to “ban any import of fossil fuels from Russia” and “rapidly phase out all fossil fuels,” ending this “fossil fuel addiction.”

With an emerging priority of boycotting Russian oil and gas, fossil fuel expansion must be immediately halted, and nations worldwide must commit to the rapid and just transition away from all fossil fuels. Reliance on coal, oil and gas is the intentional embrace of death, misery, and collapse at a global scale.

Stand with Ukraine,”

How can climate-safe energy start replacing Russian fossil fuel exports right now? Senators Elizabeth Warren, Ed Markey, and other propose an “Energy Marshall Plan” that would use the Defense Production Act to boost manufacturing of electric heat pumps, efficient electric appliances, and renewable energy technology.

For their full proposal, see their letter to President Biden here.

Labor Against War in Ukraine Webinar

TV Review: Workers of Deep Space Unite!

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.

COP26 Report Back: Climate Justice Activists Speak Out

Redefining Work to Save the Planet

By Jared Spears - The Progressive, August 30, 2021

All summer, fed-up employees across the United States have been refusing to work. From frustrated food service employees to exhausted factory line workers, they are banding together to push back against punishing schedules, precarious conditions and unresponsive management.

Despite these workers being lauded as “essential” at the onset of the pandemic, major news outlets have been more interested in billionaires’ private space-race than in covering, say, Western farm pickers’ petition to OSHA for extreme-heat protections or the Teamsters’ drive to unionize Amazon workers nationwide. 

Meanwhile, the urgency of climate change is only growing more intense. And, with so many workers across the country struggling against subsistence wages and conditions, the prospect of organizing a society-wide response to meet the emissions reductions outlined in the latest IPCC report still seems far off. We upended our lives during the pandemic, but our response to what we know is happening to the planet has remained business-as-usual. 

Government can and should assume a much larger role, coordinating industries and reshaping markets to address our urgent threats while guaranteeing better, more humane and socially beneficial work for all. This is precisely why the demand for a Green New Deal was never limited to energy transition alone: it was also tied to quality of life issues such as raising the minimum wage and providing universal health care access.

The term evokes a broader realignment between labor, government and the private sector — as occurred during the Great Depression — that would unleash the nation’s untapped potential. If our red-hot summer of wildfires, heatwaves and labor confrontations underscores anything, it’s to drive home the wisdom of the Green New Deal. 

Higher Temperatures And Less Oversight Mean Workers Are At A Growing Risk In The Climate Emergency

By Brian Edwards and Jacob Margolis - LAist, August 25, 2021

In the summer of 2005, a terrible three-week heat wave swept through the West, driving temperatures to scorching triple-digit levels.

Four farmworkers working the fields of central California died.

The state quickly put emergency orders in place that evolved into the first workplace heat standard in the nation: Employers would have to give employees water, rest and shade as they toiled in high temperatures. Until then, there were no rules when it came to hot weather and the workplace.

Since then, California has seen hotter average temperatures in 12 of the past 16 years. Even as the climate emergency has grown more acute, the state’s once-groundbreaking heat-safety rules have not kept pace.

Public health experts and federal workplace regulators consider heat-related illness and death to be 100% preventable, they say. But California’s Division of Occupational Safety and Health — Cal/OSHA, the agency that enforces the heat standard — has been chronically underfunded and understaffed. The result, according to dozens of interviews, a review of government records and an analysis of worker heat death cases: Farmworkers, firefighters, construction workers and others required to work in hot environments continue to die.

The state’s failure to adequately invest in Cal/OSHA has undercut the agency’s ability to crack down on companies that violate the heat standard. Its most recent budget request admitted as much, describing enforcement as “minimal to non-existent due to the lack of occupational health inspectors.” Rising temperatures caused by climate change have compounded the problem.

Some say the standard is already obsolete.

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