union busting

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.

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.

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.

By Jeff Schuhrke - In These Times, January 18, 2023

Politicians may have headed off their strike, but rail workers haven’t stopped organizing for paid sick leave and safe staffing.

While the high-stakes labor dispute on U.S. freight railroads has receded from headlines since President Joe Biden and Congress imposed a new contract last month, rail workers are continuing their fight for dignity and better conditions — albeit without the threat of a national strike on the table.

“The American people should know that while this round of collective bargaining is over, the underlying issues facing the workforce and rail customers remain,” the AFL-CIO Transportation Trades Department said in a statement.

The major underlying issue remains precision scheduled railroading (PSR), the business model adopted in recent years by Class I rail carriers like Union Pacific, BNSF, Norfolk Southern and CSX. Designed to maximize shareholder profits by cutting costs to the bone, PSR has been blamed for a dramatic reduction in the freight rail workforce, increased supply-chain congestion and deteriorating safety — all while investors rake in record profits.

As a potential railroad strike loomed late last year, the absence of guaranteed paid sick leave in the rail industry came to symbolize the immense strain PSR puts on workers. Without sick leave, and with the railroads implementing draconian attendance policies to deal with understaffing, workers face discipline for missing work due to illness and have to burn through their vacation time if they or their family members get sick. 

The tentative agreement between rail carriers and unions, brokered by Biden last September, did not include any guaranteed sick days — prompting a majority of the union rank and file to vote against ratifying the deal. 

Late last year, when Biden called on Congress to override union democracy and impose the contract anyway, progressive Democrats attached a separate resolution mandating seven paid sick days, without the president’s public support. The measure passed in the House of Representatives, but failed in the Senate, where all but six Republicans voted against it. 

“President Biden campaigned on a week of paid sick leave for all working people, and then he had the opportunity right here but didn’t take action. He favored the corporations,” said Matt Weaver, a rail worker and member of the Brotherhood of Maintenance of Way Employes Division (BMWED) in Ohio. 

By Jeff Shantz - LibCom, November 17, 2022

Ontario’s Conservative government officially repealed its anti-worker, anti-union legislation, known as Bill 28, on November 14.

The Keeping Students in Class Act suspended human rights in an effort to prevent education workers in the province from striking. The government had introduced the bill only two weeks earlier — on October 31 — sparking a wave of union mobilisations and protests.

When word began to circulate about cross-union plans to launch a general strike across Ontario — with a tentative start date, coincidentally, of November 14, the government backed down.

By Kateryna Semchuk - Open Democracy, October 21, 2022

On 6 October, Ukraine’s energy ministry dismissed Trotsko following pressure from a delegation of strikers that visited the energy minister twice. But some workers at the mine and the union representative fear this is not the end of their struggle against what they allege is a continuous corrupt attempt to take control of the mine.

“This is not a victory. Victory is when we mine an extra 1,000 tonnes of coal. This [whole situation] was a misunderstanding,” said Volodymyr Yurkiv, the mine’s previous director, who during the strike period was demoted to chief engineer. In the month of strike action, the mine could have earned five million hryvnias (£110,000), Yurkiv added.

Workers at Mine No. 9 have been fighting to keep Yurkiv – who was reinstated as director by the ministry on 8 October after Trotsko was dismissed – in office, as they say they are completely satisfied with his management. But Mykhailo Volynets, a Ukrainian MP who is also chair of the Independent Trade Union of Ukrainian Miners, is among those who think Yurkiv could be dismissed once again. He told openDemocracy that the latest events “are not the end of this story”.

“It will happen again,” Volynets said, claiming the energy ministry will try to appoint a new director at mine No. 9 for a third time. Volynets believes there are still corrupt insiders at Ukraine’s energy ministry, claiming the recent new managerial appointments have been made on behalf of the smotriashchiy.