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The Ohio Derailment Catastrophe Is a Case Study in Disaster Capitalism

By Mel Bauer - The Nation, February 15, 2023

As public outrage has grown over the toxic fallout from last month’s fiery derailment of a Norfolk Southern freight train in East Palestine, Ohio, the urgent questions behind this disaster echo the past year’s confrontations over working conditions in the lightly regulated rail industry.

Indeed, the catastrophe in Ohio—together with another hazardous derailment in Houston, Tex., just a week later—drives home the steep costs in health and well-being that we all incur when we fail to heed rail workers’ calls for more regulation and adequate staffing mandates. 

As rail workers sought to win basic guarantees of staffing support and sick leave from rail carriers long accustomed to selling labor short and winning major regulatory concessions from federal agencies, they stressed how the unsustainable demands placed on their working lives would result in disasters just like the one in East Palestine. The northeast Ohio village of about 5,000 people is 40 miles northwest of Pittsburgh and 20 miles south of Youngstown; already those metropolitan areas are under alert for the air and water contamination originating from the Palestine derailment. And in Palestine proper, many residents are already reporting troubling health symptoms and dying area wildlife as they weigh the risks of remaining exposed to the toxic fumes and chemical leaks from the derailed tanker cars carrying hazardous materials.

In the immediate aftermath of the derailment, rail officials ordered that the vinyl chloride hauled by five of the Norfolk Southern cars in the 150-car train be burned off to prevent a still greater explosion—but that action sent hydrogen chloride and phosgene, two dangerous gasses, spuming into the air. EPA investigators have since identified other hazardous chemicals the train had been hauling, including ethylene glycol monobutyl ether, ethylhexyl acrylate, isobutylene, and butyl acrylate. And the EPA has released a report saying that chemicals from the derailment have leached into the soil and water in the aftermath of the accident.

Why are Urban Ore Workers Trying to Unionize?

By Zack Haber - Medium, February 15, 2023

Workers say they want higher wages, scheduling reform, a just cause clause for terminations, and a say in how the company is run.

Workers at Berkeley’s popular salvaged goods store, Urban Ore, filed a petition to the National Labor Relations Board (NLRB) stating their intention to form a union through the Industrial Workers of the World on February 2.

That same day, an instagram account associated with the union drive posted a statement voicing support for the store and its mission of stopping waste while also pushing for higher wages and scheduling reform for workers.

“We are proud to work at Urban Ore, and we want to make it even better,” reads the statement. “Urban Ore allows its customers a more sustainable alternative for shopping, and we want it to provide more sustainable jobs.”

On February 5, workers held a rally to support their union drive outside of the store. Members of East Bay DSA and several unions, such as ILWU, Bay Area TANC, and the National Union of Health Care Workers, accompanied the workers.

The NLRB will soon hold a secret ballot election for the store’s 25 union eligible employees. If a majority votes to approve the union, it will be officially recognized.

Benno Giammarinaro, who works in Urban Ore’s merchandise receiving department, said he’s “definitely optimistic” employees will secure enough yes votes to unionize. As part of their union petition filing, a majority of the store’s employees have already submitted signed cards indicating a desire to form a union.

Mary Van Deventer told this reporter that her and fellow Urban Ore co-owner Dan Knapp would not do an interview. She did, however, email a written statement from the store saying it “respects the rights of its employees to unionize if that is what a majority desire.”

Workers want higher wages, which they say Urban Ore can afford to pay

Van Deventer’s statement also said the company offers “very competitive pay.” Urban Ore pays its non-managerial staff a base wage of $13.60 an hour, which is less than Berkeley’s minimum wage of $16.99. But these employees also get fluctuating additional wages as a portion of the store’s gross income goes to them. In January, this proportion was raised from 10% to 15%. This year the owners estimate the income share to provide a $9.25 boost to the base wage, meaning that, in total, they expect workers to make around $22.85 per hour.

Urban Ore worker Sarah Mossler said that she’s not against income sharing, but that the current model often leaves her worried about whether or not she can pay her bills.

Independent study by CENIT warns of problems with automation

By staff - International Transport Workers’ Federation, February 13, 2023

The full automation of port terminals does not bring improvements neither in the productivity of the concessionary companies nor in the ports that host them. This is the main conclusion drawn from an exhaustive and comprehensive independent report produced by the Centre for Innovation in Transport (CENIT) on behalf of the International Dockers' Council (IDC) and the International Transport Workers’ Federation (ITF).

According to the authors of this study, fully automated terminals do not represent better productivity rates than traditional terminals. In addition, CENIT experts point out the high vulnerability to cyber-attacks, greater exposure to hackers and, consequently and a higher rate of insecurity for goods and ports.

Sergi Saurí, Director of CENIT, said that “in the port sector it has always been assumed that full automation would bring better productivity rates, but based on the current real experiences, there is no evidence to support that.”

CENIT also point out the high level of upfront capital costs and additional maintenance costs for automated terminals. In addition, the research points out inherent dangers such as the power concentration on the part of the concessionary companies, which implies a price control, and consequently, a loss of sovereignty and control by the public administrations and national governments.

Likewise, automation negatively impacts economic and tax sustainability, entails practices that affect free competition in that they grant more power to shipping companies, improve revenues only for their shareholders, and raise the danger of monopolistic practices. This also leads to a decrease in rates, and therefore a reduction in port revenues leading to a significant loss of resources.

Regarding the social sustainability of the workforce, the study points to negative impacts for port automation including the loss of thousands of jobs for both terminal workers and the supply and auxiliary companies, and the lack of adaptability to rapidly respond to unexpected situations. These types of terminals, located in more socially advanced countries are guilty of social dumping and practices where remote maintenance tasks are outsourced to countries with fewer freedoms and rights for workers and with much lower salaries. In this sense, automation has a direct impact on tax revenue for the state, as it will mean lower tax collection and higher social security costs due to job losses, not just at the port but also in the surrounding community.

Where Do Railroad Workers Go from Here?

By Jay, Marilee Taylor, John Tormey, Matt Parker, and Maximillian Alvarez - In These Times, February 10, 2023

After a three-year saga of stalled contract negotiations between the country’s freight rail carriers and the 12 unions representing over 100,000 railroad workers, ​“pro-union” President Biden and Congress ​“averted” a national rail shutdown by overriding the democratic will of rail workers and forcing a contract down their throats. So, what happens now? 

In December, shortly after the Biden administration and Congress intervened, Working People convened a special all-railroader panel to break down the events of the last week and to discuss where railroad workers and the labor movement go from here.

Panelists include: Jay, a qualified conductor who was licensed to operate locomotives at 19 years old, and who became a qualified train dispatcher before he was 23; Marilee Taylor, who worked on the railroads for over 30 years and retired earlier this year from her post as an engineer for BNSF Railway, but is still an active member of Railroad Workers United; John Tormey, a writer and BMWED-IBT member who works as a track laborer for the commuter rail in Massachusetts; and Matt Parker, a full-time locomotive engineer who’s worked on the railroads for 19 years and also serves part-time as Chairman on the Nevada State Legislative Board of the Brotherhood of Locomotive Engineers and Trainmen.

‘Workers Know the Truth’ About the Derailment Disaster - Why Are They Being Ignored?

By Bob Hennelly - Work-Bites, February 8, 2023

Throughout the recent hazardous chemical freight train derailment in Ohio and the four-day ordeal that followed while the flaming wreck was stabilized, the one perspective that was consistently missing from the reporting was that of the union railroad workers. It didn’t matter if it was the New York Times, the Washington Post, or the Associated Press , the reporting relied on interviews with local, state and federal officials as well as statements from the Norfolk Southern, the rail carrier but not the perspective of their union workers.

It was as if robots and AI were already driving the train. The entire narrative of the cataclysm was framed by officials and the corporation whose malfunctioning train was now putting workers and the community in life-threatening jeopardy. The derailment played out in the rural borderland of Ohio and Pennsylvania requiring both states to activate an emergency evacuation response.

On Friday evening, the tranquility of East Palestine, Ohio, with a population of 4,761 people, was upended when a Norfolk Southern train with 150 cars in tow, derailed sparking a conflagration that inundated the area with toxic smoke. According to the U.S. Environmental Protection Agency [EPA], 20 of the cars in train were carrying hazardous materials. 

The U.S. EPA had to start monitoring the air for carbon monoxide, oxygen hydrogen sulfide, hydrogen cyanide, phosgene, and hydrogen chloride. Throughout the weekend, firefighters did their best to keep the disabled tanker cars cool as some of the hazardous cargo burned off. The local fire chief told reporters he was concerned about the presence of vinyl chloride, a colorless, toxic, and flammable gas.

“If you are in this red zone that is on the map and you refuse to evacuate, you are risking death,” Pennsylvania’s Gov. Josh Shapiro (D) warned. “If you are within the orange area on this map, you risk permanent lung damage within a matter of hours or days.”

In initial comments, a member of the National Transportation Safety Board [NTSB] posited that the derailment of the 150-car train was most likely caused by a problem with one of the axles on one of the freight or tanker cars. The catastrophic derailment, with significant public health and environmental implications, comes a few months after President Biden and Congress imposed a contract on the nation’s rail unions that their rank and file rejected in part because it lacked paid sick days.

Union Says Chevron Fired Several Richmond Refinery Workers Who Went on Strike

By Ted Goldberg - KQED, February 5, 2023

Chevron has fired five workers who went on strike at the oil giant’s Richmond refinery last spring, according to their union. The apparent termination of United Steelworkers Local 5 employees at one of the West Coast’s major oil refining facilities prompted the union to file complaints with federal labor regulators.

The workers Chevron fired — two during the walkout and three in the months that followed — were mostly safety operators at the refinery who played leadership roles in the strike, according to union president Tracy Scott.

The firings “were unjust,” Scott said.

One of those fired was B.K. White, a top union negotiator who became the face of the labor action and had worked at the refinery for nearly three decades.

“You could just tell it was retaliatory or punitive in nature,” said White, vice president of USW Local 5. “It appears there’s a concerted effort to break the union.”

In a complaint filed with the National Labor Relations Board, the union alleges that Chevron ordered its members to train contractors to do union-covered work and then punished them for their labor activities. The NLRB has deferred action on the Local 5's unfair labor practice charges pending arbitration of a grievance the union had already filed with the company.

News of the firings comes months after a 10-week-long strike by hundreds of USW workers. It was the first walkout at Chevron’s Richmond refinery in 40 years.

The marathon labor action ended up delivering only modest gains to workers. The contract, approved by a slim majority of union members, gave a small bump in pay and medical benefits to refinery employees who went without paychecks for more than two months.

Railroad Nationalization Must Be Part of the Green New Deal

By Mayor Seidel - Sewer Socialists, February 5, 2023

In December, Congress and the Biden Administration forced a deal on railroad workers and stripped them of their right to strike. This made two things clear: how draconian the private freight railroads are to their workers, and yet how essential they are to the functioning of the country. Equally, private railroads are not only essential to the economy, but to the climate. Transportation is responsible for more greenhouse gas emissions than any other sector, including electricity generation. Within transportation, among the modes primarily used for freight (trucks, rail, and boats), railroads were responsible for only 7% of emissions despite carrying 27% of cargo (in ton-miles). Despite being a net reducer of emissions by taking trucks off the roads, the private railroads are avowed enemies of climate action. Afraid of losing their lucrative coal-hauling traffic, the same four railroads who Congress acted on behalf of have spent millions to lobby against climate action and deny climate change. Capitalists who bankroll climate deniers own the most important system of low-carbon infrastructure on the continent.

The effects of the existing freight railroads on climate change, both good and ill, are minuscule compared to the unrealized potential that they hold. The railroads would have a higher share of freight traffic if not for the shortsighted management of their private ownership. Additionally, 57% of transportation emissions come from “light duty vehicles,” i.e. passenger cars. The strongest opportunities to eliminate car trips are in urban centers, by building inviting pedestrian spaces, safe bicycle infrastructure and robust public transit networks. At the same time, to build a credible alternative to automobile travel, these green transportation systems must be connected to one another into metropolitan and intercity rail networks. This cannot be done without the infrastructure that, outside the Northeast, is controlled by the private freight railroads.

The private railroads are hostile to passenger service, which they see as a threat to their freight operations. Amtrak publishes a “report card” each year, ranking the private freight railroads by how much they delayed passenger trains. In 2021, at least 20% of riders were delayed on more than half of state-supported routes and 14 of 15 long-distance routes. The private railroads even hold back some commuter railroad services. Several Metra lines serving suburban Chicagoland are operated under “purchase-of-service” agreements with freight railroads, leaving commuters at the mercy of their private owners. Newer systems like Virginia’s VRE that use private freight corridors must negotiate complicated and expensive agreements with host railroads to expand service. Confronting climate change must include rationalizing the relationship between freight and passenger rail service, both of which are essential to reducing greenhouse gas emissions.

Workers at Urban Ore, Berkeley’s last salvage store, announce union drive

By Iris Kwok - Berkeleyside, February 2, 2023

Workers at Urban Ore announced Wednesday that they intend to unionize.

The workers at Berkeley’s last architectural salvage store are hoping to join the Industrial Workers of the World Union 670 and have filed a petition for a union election with the National Labor Relations Board. 

Organizers said they’re hoping to address understaffing, high turnover rates, and change the business’ wage structure through unionization. The store’s current wage structure, which fluctuates based on store profit and hours worked, exacerbates understaffing because it pads paychecks, said Urban Ore employee and organizing committee member Sarah Mossler. 

“It’s dangerous, quite frankly, the work that we do when we don’t have sufficient staffing,” Mossler said. “We’re lifting huge things. I’ve definitely been in situations before where I’m helping a customer lift a stove out of the truck, and we’ve been understaffed, and there’s no one who can help me.”

Business unexpectedly boomed at Urban Ore during the pandemic amid a spike in demand for secondhand clothes. Revenue has climbed 35% since 2019, according to the business’ organizing workers.

Union organizers are confident that they have support from the majority of workers, and intend to proceed with an official vote within the next four to six weeks, depending on whether the NLRB approves their petition. (As organizers felt the union would not be received well by the store’s owners, they opted not to seek voluntary recognition and instead file directly for recognition from the National Labor Relations Board.) 

Discussions on the New Anti-Union Laws

By staff - Earth Strike UK, February 1, 2023

The labour movement is facing a grave threat in the form of a raft of new and incredibly restrictive anti-union laws. These laws will make all-out strike action in several industries outright illegal and are designed to immobilise our movement.

Current anti union laws limit legal strike action to disputes between a specific group of workers and their employer over workplace issues, ruling out strikes over “political issues” or in support of other workers. The law also imposes a slow and bureaucratic balloting process and sets strict ballot thresholds. The new laws will also require unions in some sectors to break their own strikes and continue providing a minimum service level, set by the government.

In response to this threat Earth Strike UK and Free Our Unions organised a demonstration outside the Department for Business, Energy and Industrial Strategy, the government department responsible for both environmental and trade union policy. There was drumming, chanting, banners, and we heard from workers from across numerous industries who explained how current anti-union laws affected them and the threat posed by these new ones. Following the demo, we held a small assembly to discuss in more detail the challenges posed by all anti-union legislation and begin to develop a strategy of resistance. During the meeting we discussed 3 questions. Here are some of the outcomes of that discussion.

Question 1. What are the most important ways in which existing anti-union laws hinder workers’ struggles and the Labour movement? How will the proposed new laws do so?

Railroads Must Be Brought Under Public Ownership

By General Executive Board - United Electrical Workers, January 30, 2023

Statement of the UE General Executive Board

Railroads are a crucial part of our nation’s infrastructure. Nearly every sector of our economy depends on goods shipped by the railroads, which haul forty percent of all long-distance freight in the U.S., measured by ton-miles. A third of all exports travel by rail. Furthermore, the greater fuel efficiency of using rail to move both people and freight means that moving more of our transportation onto the railroads will be necessary to address the existential threat of climate change.

Yet the private owners of our nation’s Class 1 railroads have shown themselves utterly incapable of facing the challenge of the climate crisis, dealing fairly with their own workers, or even meeting the most basic needs of their customers. The railroad companies cannot even be said to be in the business of moving freight; they are merely in the business of using their monopoly control over the nation’s rail infrastructure to squeeze as much profit as possible from customers and workers at the behest of their Wall Street shareholders.

Therefore, we demand that Congress immediately begin a process of bringing our nation’s railroads under public ownership. Public ownership of part or all of their rail systems has allowed many other countries to create rail systems that can move people and goods quickly, affordably, and in an environmentally sound way. With public ownership, governments can take the long view and make crucial infrastructure investments — and prevent price-gouging.

Railroads are, like utilities, “natural monopolies.” The consolidation of the Class 1 railroads in the U.S. into five massive companies over the past several decades has made it clear that there is no “free market” in rail transportation. With most customers having no other choice, and no central authority mandating long-term planning, each individual railroad company has little incentive to make investments in infrastructure and every temptation to take as much of their income as possible as profits. Even Martin Oberman, chair of the Surface Transportation Board, the federal agency that regulates rail, has called the railroads “monopolists” who are cutting services and raising prices because “that’s the easiest way for them to get rich.”

In their endless thirst for profit, the railroads have implemented a system called “precision scheduled railroading,” which simply means operating with as few staff as possible — speed-up by another name. Shippers have been complaining about the resulting poor service for years, and during the pandemic our entire economy paid the price with snarled supply lines leading to shortages and price hikes. The railroads do not even seem interested in expanding their share of the freight market, instead seeking to extract more and more short-term profit out of customers for whom rail is the only feasible way to ship their products.

The effect on railroad workers has been even more severe. In order to implement precision scheduled railroading, the companies have imposed draconian attendance policies which make it virtually impossible for railroad workers to take any time off, even for medical reasons. This intolerable state of affairs almost led to a railroad strike at the end of last year, until President Biden and Congress — clearly willing to intervene in the “market” when workers threaten to withdraw their labor — imposed a contract on the workers that did not even contain the workers’ bottom-line demand of adequate sick leave.

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