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IWW Local 1 Letters to OSHA on behalf of the IWA Rank and File Millworkers

First Letter to Judge Sidney Goldstein - January 27, 1990

Re: OSRC Docket No. 89-2713.

Dear Judge Goldstein: We the undersigned, affected employees in the PCB spill at the Georgia Pacific mill in Fort Bragg, CA, (OSHRC Docket No. 89-2719) strongly urge you not to approve the settlement made by G-P and OSHA regarding this case. We believe this agreement was made without considering pertinent information, and we believe it will jeopardize the safety of workers at the G-P mill.

The settlement that was reached involved dropping the “willful” citation to “serious” and re-ducing the fine from $14,000 to $3,000. We were told by OSHA attorney Leslie Campbell that this was necessary because the toxicity of PCBs has not been established. Yet the record shows that mill-wrights Ron Atkinison and Leroy Pearl were ordered to weld in the spill area without protective clothing during two 10-hour shifts. They stood in PCB oil and welded machinery that was wet with PCBs. The welding vaporized the PCBs at high temperatures, creating dioxin, one of the most toxic substances known to man, and the fumes were inhaled by the millwrights as they worked.

We also feel that the case for toxicity of PCBs has recently been enhanced by a November 24, 1989 decision of the Ninth U.S, Circuit Court of Appeals in San Francisco. This case involved workers at a Crown-Zellerbach lumber mill in Oregon, whose exposure to PCBs was significantly less than ours. Yet the court ruled that “A jury could conclude that coming into contact with PCBs at a strength sufficient to produce a body level of PCBs six to ten times higher than normal, and to trigger serious health concerns constituted an injury.” G-P lead millwright Frank Murray swallowed PCBs when they were dumped on his head, and four months later had a bodily PCB level well over 100 times the EPA standard, We are concerned that the leniency of the settlement reached by G-P and OSHA in this case will not restrain G-P from continuing to subject the workers to unsafe conditions in the mill. As recently as last month, G-P ordered Ron Atkinson and other millwrights and electricians to do maintenance work on moving, high-speed machinery. The computerized green-chain had malfunctioned and could not be locked out without causing a long downtime while the computer was reset. Only by calling CAL-OSHA were the employees able to force the company to provide instructions for lock-out procedures to maintenance employees working on the green-chain. Even after OSHA’s intervention and inspection, another employee had three fingers severed in an accident on the same machine.

Minutes of the founding meeting of IWW Local #1

Recorded by Judi Bari, x332349, November 19, 1989

The Mendocino-Humboldt General Membership Branch of the IWW held our first meeting on Sunday November 19, 1989. Fourteen (out of 24) members came.

Structure

We set up our basic structure as follows: Judi Bari was elected Corresponding Secretary and Anna Marie Stenberg was elected Financial Secretary. They were instructed to open a bank account and keep track of dues and other paperwork. Other than these utilitarian positions, we will have no officers. Decisions will be made by the members at the meetings. If events occur between meetings that require action, temporary decisions (subject to ratification at the next meeting) will be made by the Entertainment Committee. Membership on the Entertainment Committee is voluntary, and the people who volunteered were Mike Koepf, Treva VandenBosch, Judi Bari, Anna Marie Stenberg, Pete Kayes, and Bob Cooper.

Work So Far

The work of Our Branch was described: We are a General Membership Branch (GMB) and will take on whatever issues the members want, especially issues related to our workplaces. But so far our activities have been centered around providing support for timber workers who are fighting their employers’ destruction of forests, jobs, and working conditions. We hope to be a bridge between environmentalists and timber workers and help bring about community understanding of the workers’ problems.

Pete Kayes, employee of Pacific Lumber Company (PALCO), in Scotia , talked about the failed attempt by workers to form an Employee Stock Ownership Plan (ESOP) and buy the company back from corporate raider Charles Hurwitz. Pete also gave out copies of the rank-and-file newsletter Timberlyin’ that he and others produce and distribute at the Scotia mill.

Treva VandenBosch, recently retired employee of Georgia Pacific (G-P) Corporation in Fort Bragg, told about being doused with PCBs in the G-P mill and receiving no help from the company or union (IWA Local #3-469, AFL-CIO). She walked off the job and single-handedly picketed the plant, eventually hooking up with Anna Marie and Mike (now also IWW members), who helped get the story out. The plant was finally closed for three days for clean-up, and OSHA fined G-P $14,000 for willful exposure of workers to PCB’s. G-P is appealing that decision, and the hearing will be on February 1, 1990 in San Fran-cisco. You must sign up in advance to be allowed to attend the hearing. We are asking all Wobs to sign up, even if you don’t expect to come, to demonstrate public interest. See enclosed forms.

Anna Marie told about Fort Bragg millworker Julie Wiles being arrested and led away in handcuffs for distributing a leaflet calling for fellow IWA Local #3-469 members to vote “no” on a proposed union dues increase. IWA shop stewards distributing pro-dues increase leaflets were not interfered with by the company. The IWA has not provided Julie with any support on her arrest and charges. We are asking all Wobs to come to Julie’s trial, and we have been helping her with her defense. Ten people showed up to support Julie at her arraignment.

On the Garlon Trail - A Visit to L-P Spray Site Reveals Total Forest Devastation, Ineffective Chemicals, Minimal Watershed Protection

By I.M. Green (Don Lipmanson) - Anderson Valley Advertiser, June 5, 1985

Feeling a sort of morbid fascination, I've been drawn to the L-P spray sites for weeks. What does this Garlon chemical actually do to the forest? What is the appearance and smell of a spray site? How much herbicide gets into the water?

My first attempt to find answers involved an overflight of Juan Creek and the north fork of Big River. Flying northward from Little River airport, I had the chance to compare the thinned out appearance of selectively logged forests with the bald clearcuts so prevalent northeast of Fort Bragg.

The spray sites were unmistakable on account of their striking reddish brown color, dotted with green. In addition to one large, browned out blotch, there are erratic splotches at the periphery of the spray zone, raising unanswered questions about drift. It was also clear from the logging roads that the sites were accessible, although steep. The spray zones have recently been logged for conifers, so company claims that they are too inaccessible for manual hardwood release are nonsense.

From the air it seemed that conifers, madrones and oak were unaffected by the spraying. The required buffering of watersheds was questionable also. To get firmer answers to spray concerns, I decided to take a closer look.

It didn't take much asking around Comptche to find a guide who is familiar with L-P territory. We hadn't gone more than a couple hundred yards past the company gate before we came upon the most ravaged hillsides I have ever seen. On about one hundred acres there is no sign of life, other than some three inch saplings veiled behind black nylon screens. Little red and blue flags stand out here and there, indicating where recent conifer replanting has occurred. Otherwise, the whole hillside is barren, littered with burned out logs and stumps, uprooted oaks, and naked soil. Yarders and flame-throwing helicopters have been through here recently, and the desolation is eerie.

After this taste of normal L-P forest operations, our arrival in Poverty Gulch, ten weeks after herbicide spraying, was almost anticlimactic. Walking down the road, we suddenly saw an entire hillside dominated by the now familiar rust color of herbicide die-off. No particular odor remained. It was clear than the main victim was Ceanothus, or blue blossom. The top half or two-thirds of the sprayed Ceanothus have died out, with the leaves fried but still attached to the withered branches. Seen from up close, many of the dead leaves are spotted with a white fungus. Some madrone in the spray area appear to have died, also with leaves still attached. Other madrones and all the tan oak were green and thriving.

Although we saw several deer and many birds during out two mile hike toward the spray area, the poisoned hillside itself seemed abandoned by fauna. The overall impression is sterile, a place one wouldn't want to linger. Without protective gear, I didn't feel inclined to penetrate far into the spray zone to examine the effect on lichens, insects and worms.

In its ads, L-P claims that herbicides are a "key part" of their effort to increase the volume of timber which can be harvested from its lands. "Sites for new plantings are cleared with herbicides. Weed choked and strangled young trees are freed with herbicides," according to the company. Garlon is supposedly a systematic poison, killing "unwanted woody plants" (including oaks) from within.

Our Lives Are at Stake: Workers Fight for Health and Safety (the Shell Strike of 1973)

By Berry Weisberg - OCAW 1-591, July 1973
Background Information by Douglas W. Erlandson - USW Local 12-591

On January 21st, OCAWIU President Bob Grospiron called over 4000 Shell OCAW members from 5 oil refineries and 3 chemical plants, out on strike. Then made a nationwide appeal to the public to boycott Shell Oil while the union continued its fight over the right to bargain health and safety issues.

The union was seeking:

  • 1) The establishment of a Joint Union-Management Health & Safety Committee
  • 2) Wanted the Union committee workers paid while performing official committee duties
  • 3) The right to call in independant Health & Safety inspectors
  • 4) Access to all Company information on both death and disease rates
  • 5) Annual Company medical examinations provided at Company expense

As a tactic for the 1973 strike, OCAW employed the first major "corporate campaign" in U.S. history. OCAW forged alliances with the scientific, academic, environmental and labor communities to fight Shell’s position that it would not bargain over health and safety. The union spent nearly half a million dollars to advertise a nationwide boycott of Shell and to educate the public about the need to protect the health of workers and the communities.

Even though 12 other major oil companies had already signed contracts that provided for the new joint union- management health and safety committees, they assisted Shell by buying their gasoline and blacklisting Shell's strikers. The oil industry's thinking was the new joint H&S committees would get in the way of production and profits.

Shell's corporate spokesman, J.H. Walter called the unions joint H&S committee 'another attempt at featherbedding since the workers could then decide how long they could safely work in the refineries and chemical plants.

Moreover, Shell stated that health & safety was none of the oil workers' business: "We are legally responsible for the health and safety of Shell employees in the workplace and this responsibility cannot be shared". The truth was the oil companies didn't want to give up control in this area.

From 1963-1969, Shell used caged canaries as 'safety devices' at their Houston chemical plant.(true story, no joke!) The canary's job was to detect the presence of carbon monoxide. If the canary died, it was time for the workers to leave. Shell went through a lot of canaries, OCAW was claiming by the time the canary died, the workers would already have been exposed.

The union was also seeking the right to inspect company records and financial reports of the pension funds Shell administered and to be able to grieve the company's arbitrary actions with regard to disability pensions. (The union suspected Shell's pension fund was under funded.) One Anacortes member who worked for Shell for 17 years, was certified by two doctors as being disabled, yet Shell wouldn't allow him disabled benefits even though he met the 15 year employment requirement. For the union, this was an item that needed to be addressed.

The International Representative assigned locally was Virgil Coragliotti, with Representative Tom Burkholder assisting on occasion. Don Yates was the Shell unit chairman and the committee members were Gil Nuessen, Wes Shull, F. D. Ferguson, Bob Melton Sr. Jerry Vrooman was the Local President and Jim Burgess was the financial secretary.

Picket pay was $25 a week. The 1-591 union brothers at General Chemical and Texaco assessed their monthly dues to help support the Shell members. Financial support was also received regularly from the Ferndale OCAW 1-590 local. Because Shell Oil’s daily production was unaffected and they didn’t lose any profits during the strike, the strikers received unemployment benefits under what was then known as the ‘dark plant rule’. Not surprising, Shell Oil later lobbied to get that section of the unemployment law changed.

About a week before the strike Snelsons’ had contracted with Shell to do maintenance work on a recently shutdown furnace. Their plan was to use the Boilermakers union, Local 104 out of Seattle. OCAW had gotten wind of it and a group of about 60 Shell brothers were on site waiting for the 14 building trades members when they attempted to cross the picket line, being led through by Bill Snelson. Several Shell picketers became so upset that they turned over both of Snelsons’ trucks and trailers. At the same time, someone smashed out Snelson's rear window. Out of fear, Snelson romped on the gas throwing John Garner, who was standing in front of him, onto the hood of his car. Garner was able to roll off as Snelson bolted on through. The Sheriff was immediately called.

Fred Nelson, Bob Melton and Charlie Pyburn were identified as the lead individuals involved and were fired. Later, after two days in court, Judge Deierlein had Melton and Pyburn jailed, then sharply criticized Shell management for not maintaining better communications with the union and local law enforcement officials in trying to prevent emotional blow-ups. Later Snelson took OCAW 1-591 to court and won $6700 for the damage done to his vehicles. Shell also fired Virgil Avey for breaking windsphrlds with his picket sign. While the other three were unable to get their jobs back, Fred Nelson was eventually rehired. Old time Union members refer to this incidence as the "Day of the Windstorm."

OCAW also had trouble with the Teamster's Union from Seattle. The same teamster leadership that was scabbing on the United Farm Workers, had ordered their drivers to disregard the picket line established by OCAW. And since there was an injunction limiting the number of pickets to two per gate, the union was unable to do much about the Teamsters pushing through with their trucks.

To keep in the health and safety issue in front of the public, OCAW had teams that traveled the northwest speaking to the news media and public about the need for work place safety. Shell later admitted the mobile speakers bureaus were very effective.

Finally, Shell, in the face of public pressure, bargained a compromised health and safety clause as well as meeting the union's demand allowing the pension fund to be reviewed and grieved if necessary. On June 1st the strike was officially ended.

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Helen Keller: Why I Became an IWW

An Interview, written by Barbara Bindley, New York Tribune, January 15, 1916

I asked that Miss Keller relate the steps by which she turned into the uncompromising radical she now faces the world as Helen Keller, not the sweet sentimentalist of women's magazine days.

"I was religious to start with" she began in enthusiastic acquienscence to my request. "I had thought blindness a misfortune."

"Then I was appointed on a commission to investigate the conditions of the blind. For the first time I, who had thought blindness a misfortune beyond human control, found that too much of it was traceable to wrong industrial conditions, often caused by the selfishness and greed of employers. And the social evil contributed its share. I found that poverty drove women to a life of shame that ended in blindness.

"Then I read HG Wells' Old Worlds for New, summaries of Karl Marx's philosophy and his manifestoes. It seemed as if I had been asleep and waked to a new world - a world different from the world I had lived in.

"For a time I was depressed" - her voice saddened in reminiscence- "but little by little my confidence came back and I realized that the wonder is not that conditions are so bad, but that society has advanced so far in spite of them. And now I am in the fight to change things. I may be a dreamer, but dreamers are necessary to make facts!" Her voice almost shrilled in its triumph, and her hand found and clutched my knee in vibrant emphasis.

"And you feel happier than in the beautiful make-believe world you had dreamed?" I questioned.

"Yes," she answered with firm finality in the voice which stumbles a little. "Reality, even when it is sad is better than illusions." (This from a woman for whom it would seem all earthly things are but that.) "Illusions are at the mercy of any winds that blow. Real happiness must come from within, from a fixed purpose and faith in one's fellow men - and of that I have more t+han I ever had."

"And all this had to come after you left college? Did you get none of this knowledge of life at college?"

"NO!" - an emphatic triumphant, almost terrifying denial - "college isn't the place to go for any ideas."

"I thought I was going to college to be educated," she resumed as she composed herself, and laughing more lightly, " I am an example of the education dealt out to present generations, It's a deadlock. Schools seem to love the dead past and live in it."

"But you know, don't you," I pleaded through Mrs. Macy and for her, "that the intentions of your teachers were for the best."

"But they amounted to nothing," she countered. "They did not teach me about things as they are today, or about the vital problems of the people. They taught me Greek drama and Roman history, the celebrated the achievements of war, rather than those of the heroes of peace. For instance, there were a dozen chapters on war where there were a few paragraphs about the inventors, and it is this overemphasis on the cruelties of life that breeds the wrong ideal. Education taught me that it was a finer thing to be a Napoleon than to create a new potato."

"It is my nature to fight as soon as I see wrongs to be made right. So after I read Wells and Marx and learned what I did, I joined a Socialist branch. I made up my mind to do something. And the best thing seemed to be to join a fighting party and help their propaganda. That was four years ago. I have become an industrialist since."

An industrialist?" I asked, surprised out of composure. "You don't mean an IWW - a syndicalist?"

"I became an IWW because I found out the Socialist party was too slow. It is sinking into the political bog. It is almost, if not quite, impossible for the party to keep its revolutionary character so long as it occupies a place under the government and seeks office under it. The government does not stand for the interests the Socialist party is supposed to represent."

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