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union busting

I Was Illegally Fired By Elon Musk For Trying to Unionize Tesla

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.

More Perfect Union is a new nonprofit media org with a mission to empower working people.

Ohio Valley Environmental Coalition Workers Stand Firm Despite Management Offensive

By staff - IWW, June 14, 2021

HUNTINGTON, WV — While public concern for urgent action on the environment remains high, one of West Virginia’s most prestigious environmental organizations, the Ohio Valley Environmental Coalition (OVEC), is poised to miss crucial organizing opportunities this summer as it enters into the fourth month of a brutal dispute over their employee’s right to unionize.

In March 2021, workers of the Ohio Valley Environmental Coalition organized with majority support as the OVEC Union (OVECU) under the IWW, requesting voluntary recognition.

Despite majority support among the members of OVEC’s Board of Directors for a positive and good faith engagement with staff, the organization has chosen to fight tooth and nail. With Mike Sullivan at the helm of the Board, and Tonya Adkins & Vivian Stockman in Co-Direction, OVEC has chosen to effectively whittle down its capacity to organize as it suspends, fires, and threatens its staff into submission.

Upon learning of the union drive, OVEC management immediately launched an internal hunt for instigators, placing their Director of Organizing, Brendan Muckian-Bates, on suspension. While the organization claimed that Brendan was a supervisor and consequently not entitled to participate in union activity, OVEC was unable to convince the National Labor Relations Board (NLRB) which ruled that Brendan was to be included in the bargaining unit at a formal hearing earlier this month.

Upon learning of their loss at the NLRB, OVEC management opted to double down by terminating their Director of Organizing as well as their Project Coordinator, Dustin White. While Brendan’s suspension and termination is bad enough — arriving as it does mere days following the birth of a new child — Dustin’s termination is especially egregious given his unimpeachable credentials in the environmental movement.

Heralding from 11 generations of working class ancestry in the so called “coal fields” of Southern West Virginia, and family ties to the UMWA including a great grandfather who fought at Blair Mountain, Dustin became involved in the environmental movement as a volunteer with OVEC around 2007 before joining the staff in 2012. Dustin has lobbied on both the state and federal levels on numerous issues leading to important legal changes. Recognized with an award by OVEC, Dustin has testified before Congress, conducted ground tours with Congressional representatives, held numerous meetings with state and federal agencies, and worked with the United Nations and Human Rights Watch for reports on the conditions in Appalachia. Having been featured in media locally, nationally, and internationally, including a recent feature in a National Geographic series, just prior to his termination Dustin conducted two tours with German Public Broadcasting and independent filmmakers.

In a move that demonstrates tremendous integrity and honor, non profit organizations working on environmental issues, such as the Mid-Ohio Valley Climate Action have moved to suspend their partnerships with OVEC, sending a comradely but firm signal that the organization will be welcome back into the fold when it returns to good standing with their employees.

An NLRB election is presently taking place and votes will be counted on July 9.

The IWW stands ready to reduce tensions, and negotiate a lasting agreement with OVEC that will enable them to return to their important work.

Teamsters take fight to Marathon as refinery dispute enters fifth month

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.”

They Wanted to Keep Working; Exxon-Mobil Locked Them Out: Facing deunionization efforts and the existential threat of climate change, oil refiners in Beaumont, Texas, seek a fair contract

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.

Green Economy, Green Capitalism? The Case Against The Case for Climate Capitalism

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.

Tesla Found Guilty of Unionbusting

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.”

Is Labor Green? A Cross-National Panel Analysis of Unionization and Carbon Dioxide Emissions

By Camila Huerta Alvarez, Julius McGee, and Richard York - Nature and Culture, March 1, 2019

In this article, we assess whether unionization of national workforces influences growth in national carbon dioxide (CO2) emissions per capita. Political-economic theories in environmental sociology propose that labor unions have the potential to affect environmental conditions. Yet, few studies have quantitatively assessed the influence of unionization on environmental outcomes using cross-national data. We estimate multilevel regression models using data on OECD member nations from 1970 to 2014. Results from our analysis indicate that unionization, measured as the percentage of workers who are union members, is negatively associated with CO2 emissions per capita, even when controlling for labor conditions. This finding suggests that unionization may promote environmental protection at the national level

Read the text (PDF).

A Just Transition to a Fair and Sustainable Society or Healthy Green Growth?

By Cynthia Kaufman - Common Courage, February 18, 2021

The main goal of Norwegian economist Per Espen Stoknes’ new book, Tomorrow's Economy: A Guide to Creating Healthy Green Growth, is to offer the concept of healthy green growth as an alternative to simple GDP growth. Stoknes teaches in a business school, and the economic tools he creates around this concept will probably be very helpful for businesses wanting to measure if, as they create profit, they are also creating environmental and social wellbeing. But for those of us working to shift how we think about the economics of wellbeing, this book is a step backwards in an already rich conversation.

Mainstream economists insist that the way to measure the health of an economy is in growth in Gross Domestic Product (GDP), or how much is bought and sold within an economy. Stoknes by proposing a better form of growth is engaging with the mainstream of Economics, hoping to move it in a direction that takes human and ecological wellbeing into account, while still maintaining the core of its approach.

There are many economists doing work to shift the discipline more significantly away from a focus on growth. They have produced an impressive body of literature that this book would have done well to take more seriously. These economists are developing tools and conceptual frameworks for increasing human wellbeing while maximizing ecological health. Much of that work takes seriously the devastating impacts current trajectory has on the poor in the Global South and on poor and racially marginalized communities in the Global North. In her book Doughnut Economics: Seven Ways to Think Like a 21st-Century Economist, Kate Raworth uses the image of a doughnut to talk about the twin problems of alleviating poverty and staying within the world’s ecological limits to outline the “sweet spot” of what an economy needs to aim at achieving. Raworth is joined by many people doing important work in this area such as Amartya Sen, Juliet Schor, Robert Bullard, Michael Pollan, and Clair Brown.

Right to Work on a Hot Planet

By Kate Aronoff - New Republic, January 25, 2021

By 1961, Charles Koch had stacked up three engineering degrees and was back home in Wichita, Kansas, to join the family business of oil refining, pipelines, and manufacturing. His father, Fred, was at the time attempting to tackle a different sort of engineering challenge: how to get unions, Communists, and big government off his back. The Nazi sympathizer Koch patriarch fought against unions in Kansas, and when the John Birch Society convened its inaugural meeting in 1958—initially composed exclusively of National Association of Manufacturers members—he enthusiastically attended as a co-founder. According to a 1961 Washington Post profile of Koch’s white supremacist conspiracy-theory club, “leadership of the Birch Society overlaps heavily with the leadership of the organizations that successfully campaigned in 1958 for a right to work amendment to the State’s Constitution.” Fred died in 1967, but Charles eagerly put his education to work carrying on his family’s 60-year war against collective bargaining rights and that pesky concept known as representative democracy. When it comes to right to work, especially, labor and climate campaigners quite literally share a common enemy. 

If those two groups have found it difficult to join forces, their adversaries are elegantly streamlined. During the Obama administration, Koch Industries trained its fossil fuel empire on the twin goals of turning legislatures red and pushing through deceptively named right-to-work statutes, all the while finding time to help kill federal climate legislation. Though no state had enacted right-to-work rules since Oklahoma in 2001, five have taken them up since 2012. This most recent push has focused on sapping public sector workers’ collective bargaining rights, in particular, like the bill that led thousands of union members to peacefully occupy Wisconsin’s capitol dome in 2011. 

That some of the most high-profile targets of anti-labor measures have been swing states with strong union legacies—namely, Wisconsin, Ohio, and Michigan—is no coincidence. As E.J. Dionne pointed out after Michigan enacted its right-to-work measures in 2013, Obama had won 66 percent of the state’s union households a year earlier. He won the state overall by just 1 percent. In 2018, the right’s biggest win against unions came with the decision in Janus v. AFSCME, which made right to work the national standard for public-sector workers. The crux of that case was AFSCME member Mark Janus’s argument—in a case supported enthusiastically by Koch networks—that being forced to pay agency fees—which cover the costs of union representation and contract negotiation—violated his free speech. This was a major blow to unions’ capacity to extract gains from employers, weakening labor’s power overall. That’s the whole point.

For Charles Koch and other captains of industry, the calculation behind crushing unions isn’t complicated: Weaker unions mean a weaker opposition to right-wing policies, including the sort of regressive climate and energy measures they’ve helped push around the country through the American Legislative Exchange Council. The right’s general project of minority rule—whether in weakening small-d democratic institutions like unions, gerrymandering congressional districts, or suppressing votes—is incompatible with climate action and democracy itself. Big business has long understood this. 

Teamsters at Marathon’s St. Paul Park refinery strike over safety

By Staff - Union Advocate, January 21, 2021

Operations and maintenance workers at Marathon Petroleum’s refinery in St. Paul Park went on strike today. Members of Teamsters Local 120 say they are taking a stand not just for good jobs, but also for the safety of their community.

At issue in the dispute is management’s ability to replace union members with workers from lowest-bidder subcontractors, including firms from outside Minnesota.

“We want a contract that protects jobs where the money goes back into our communities, jobs for people who have an interest in the safety of our community,” Local 120 Business Agent Scott Kroona said. “If somebody comes in from Texas or Indiana, which is what the company wants, their money goes back to Texas or Indiana. And they don’t care about St. Paul Park.”

Local 120 represents nearly 200 workers at the Marathon refinery.

Picket lines went up at each of the facility’s gates at 5 p.m., and they will stay up around the clock indefinitely, Kroona said.

With Teamsters outside, it raises the question of who’s doing the work inside the refinery. Kroona said he expected the company to bring in replacement workers.

“I have to believe they are not as skilled or well-trained as the workers we have in there,” he said. “And when you’ve got petroleum products under high temperatures and high pressure, every job is dangerous. I don’t care how minor a job you’d call it.”

As proof, the union pointed to an April 2018 explosion at the Husky refinery in Superior, Wis., which resulted in worker injuries and residential evacuations in the area. Contractors working in the refinery at the time later sued the company.

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