union busting

By Kari Lydersen - In These Times, August 18, 2021

Trebr Lenich always called his mother before his drive home from overnight shifts at Mine No. 1, operated by Hamilton County Coal in Hamilton County, Ill. The call she answered the morning of Aug. 14, 2017, worried her. 

“He said, ​‘Mom, I am just so exhausted, so wore out,’ ” Teresa Lenich says. 

Her son routinely worked long hours on consecutive days. That day, he never made it home.

Coworkers following Trebr said his driving was erratic and suspected he was falling asleep, Teresa says. Heading back to the West Frankfort home he shared with his parents, girlfriend and baby daughter, Trebr drove into a ditch and hit an embankment. According to the sheriff’s report, his engine then caught fire. 

Like many young miners, Trebr was employed through a contracting company that provides temporary workers for mines with no promise that they’ll be hired on permanently.

This staffing structure — and the disappearance of labor unions from Illinois mines — has made work less safe and more grueling for miners, according to advocates and multiple studies. Without job security, temporary workers are reluctant to complain about potentially unsafe conditions (including long work hours) and to report accidents. And because temporary workers may have inadequate experience in a particular mine, they might not understand that mine’s specific risks.

By C.M. Lewis - The Strike Wave, July 28, 2021

Maine Governor Janet Mills’ labor-backed veto of LD 1708—which would have consolidated two private utility corporations into a statewide consumer cooperative, Pine Tree Power—is a sober warning to those fighting for public utilities: neglect unions at your peril.

Mills is no friend to labor. She previously vetoed pro-worker labor reforms and pledged to veto the right to strike for public workers. But her veto, sustained by the legislature, still accomplished the goal of concerned unions like the International Brotherhood of Electrical Workers, Local 567, who were alarmed at a potential change in legal jurisdiction.

Union resistance to progressive proposals can often cause consternation. Culinary 226’s opposition to Medicare for All notably caused a stir during the Nevada caucuses, raising the ire of many progressives. However, an immediate assumption that IBEW was wrong to oppose the bill buries the complicated reality: the bill would’ve tangibly harmed union workers. 

IBEW’s opposition was driven by concern that the bill would move workers from jurisdiction under the National Labor Relations Board to the Maine Labor Relations Board, bringing them into the public sector. Although that superficially sounds like a minor administrative change, and no reason for opposition, it would’ve had severe consequences for their workers—notably losing the statutory right to strike, and the imposition of the open shop through the Janus vs. AFSCME ruling

Viewed through that lens, IBEW’s opposition—while frustrating—is not unreasonable, and it speaks to a difficult problem faced by advocates for public utilities: that under present law, there is little to no way to bring private utilities under public control without stripping union rights from workers.

By staff - Our Changing Climate, July 16, 2021

By staff - More Perfect Union, June 16, 2021

Autoworker Richard Ortiz tried to organize a union at Tesla. Elon Musk's company responded by "coercively interrogating" him 3 times, then illegally firing him, federal investigators found. Ortiz is sharing his full story on camera for the first time.

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By Staff - Union Advocate, May 25, 2021

Mornings are a congested, busy time at the main gate outside Marathon’s St. Paul Park refinery. Semi trucks line up on both sides of the gate, waiting to cross a picket line held by Teamsters who, since January, have been holding out for a contract that protects local jobs and the safety of communities surrounding the refinery.

Local authorities have ruled no more than three members of Local 120 may picket an entrance to the refinery at one time, but dozens of Teamsters show up to the main gate anyway. They take turns on the line, keep each other company and otherwise pass the time.

It’s a slow-moving, but essential part of Local 120’s campaign against Marathon. But it’s not for everyone.

Almost every morning since the work stoppage began, a handful of Teamsters have volunteered for what’s known as “ambulatory picketing.” They pick out a truck exiting the refinery, tail it wherever it goes and picket outside the facility as the truck unloads. When the truck finishes unloading, the picket comes down.

More often than not, those trucks end up at a Speedway.

Picketing outside the refinery annoys Marathon and its vendors, but ambulatory picketing gives refinery workers like Ryan Bierman, whose pickup truck has been on “well over a hundred” picketing runs, an opportunity to educate the public.

“I enjoy just getting out and talking to different people about what’s going on with our strike and what the company wants to do, cutting potentially up to 50 local jobs and putting pretty much the whole plant at risk,” Bierman said. “And with that plant being so tightly-knit into different communities – St. Paul Park, Newport, Cottage Grove – if there is a major fire, an explosion or a chemical release, all these other communities are going to be put at risk too.”

By Mindy Isser - In These Times, May 24, 2021

The lockout began May 1, known in most parts of the world as International Workers’ Day. In a matter of hours, the ExxonMobil Corporation escorted 650 oil refiners in Beaumont, Texas, off the job, replacing experienced members of United Steelworkers (USW) Local 13 – 243 with temporary workers in an effort to force a vote on Exxon’s latest contract proposal. USW maintains the proposal violates basic principles of seniority, and more than three weeks after the union members were marched out of their facility, they remain locked out.

“We would have rather kept everyone working until we reached an agreement,” Bryan Gross, a staff representative for USW, tells In These Times. ​“That was our goal.”

Because strikes and lockouts are often measures taken under more dire circumstances, either when bargaining has completely stalled or is being conducted in bad faith, USW proposed a one-year contract extension. But Exxon rejected the offer, holding out for huge changes to contractual language regarding seniority, safety and layoffs. ​“It’s a control issue,” Gross adds. ​“Exxon wants control.”

As the oil industry attempts to deskill (and ultimately deunionize) its labor force, refinery workers like those in Beaumont find themselves under siege. Not only is their industry buckling beneath the weight of a global health crisis, but climate change has come to threaten their very livelihoods. Many workers remain skeptical of existing plans for a just transition.

By Nick Grover - The Bullet, May 14, 2021

Even now, with a ten-year timeframe left for action, it’s rare for the climate crisis to be treated as the emergency it is. So, credit where due to Tom Rand. In his The Case for Climate Capitalism: Economic Solutions for a Planet in Crisis (Toronto: ECW Press, 2020), Rand calls for a rapid transition away from fossil fuels and toward renewables; he blames the political and business elite for the mess and says they will have to pay the price as markets turn against oil and assets are stranded; he even advocates for expansion of public transit. Where the book gets less refreshing is Rand’s tone toward the people who have been saying these things all along: his secondary enemy, leftists fusing demands for climate action with calls for economic justice.

Rand’s Case for Climate Capitalism aims to preserve and “co-opt” the forces of capitalism to usher in a transition toward green tech. His case is presented as simple pragmatism: the emergency we face affords us no time to discuss economic reforms; we must unite and do what works instead of holding out for a perfect system. His concern is that left ideas like the Green New Deal and Leap Manifesto – which wed strong climate action with job guarantees, labour protections, taxing the rich, and expanding social programs – alienate conservatives and the business class when we need them in our coalition to save the planet.

By Kris LaGrange - UComm Blog, March 26, 2021

2018, Tesla CEO Elon Musk wrote on Twitter “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues & give up stock options for nothing?” That tweet began an investigation into the company by the NLRB into union-busting at the company.

Now three years later, the board has found that Musk not only violated federal labor law with that tweet but that he also illegally fired an employee, Richard Ortiz for protected union activity. Ortiz was part of a campaign called “Fair Future at Tesla” which is an ongoing campaign by the UAW to organize the electric car company.

In their decision, the NLRB found that Musk’s tweet went above a typical statement that the company wants to stay union-free and was seen as threatening. This was exacerbated by the fact that Tesla considers communications from Musk, who founded the company, as official company communications. It is illegal to threaten to take away pay or benefits from workers if they are found to be organizing a union.

In their decision, the NLRB ordered Tesla to offer Ortiz his job back and compensate him for lost earnings, benefits, and any adverse tax consequences that resulted from his firing. Tesla is also required to revise their confidentiality agreements that are given to employees to take out a section that bars workers from speaking to the media without explicit written permission from the company. National labor law “protects employees when they speak with the media about working conditions, labor disputes, or other terms and conditions of employment,” the NLRB noted.

The NLRB is also requiring Tesla to post notices nationwide and hold meetings at their main US car plant in Fremont to inform workers of their protected rights. At these meetings, Musk or a “board agent” in the presence of Musk, will have to read the notice to workers, including security guards, managers, and supervisors.

The decision from the NLRB was largely in line with a similar decision against Tesla by an administrative judge in September of 2019. Tesla decided to fight the administrative judge’s decision and bring it all the way to the full board.

“This is a great victory for workers who have the courage to stand up and organize in a system that is currently stacked heavily in favor of employers like Tesla who have no qualms about violating the law,” said UAW Vice President Cindy Estrada, Director of the UAW Organizing Department. “While we celebrate the justice in today’s ruling, it nevertheless highlights the substantial flaws in US labor law. Here is a company that clearly broke the law and yet it is three years down the road before these workers achieved a modicum of justice.”