Bay Area IWW

Adopted unanimously - Bay Area IWW General Membership Branch, March 2, 2023

Whereas, rail infrastructure the world over is held publicly, as are the roads, bridges, canals, harbors, airports, and other transportation infrastructure; and

Whereas, numerous examples of rail infrastructure held publicly have operated successfully across North America for decades, usually in the form of local/ regional commuter operations and state-owned freight trackage; and

Whereas, due to their inability to effectively move the nation’s freight and passengers during WWI, the U.S. government effectively nationalized the private rail infrastructure in the U.S. for 26 months; and

Whereas, at that time it was agreed by shippers, passengers, and rail workers that the railroads were operated far more effectively and efficiently during that time span; and

Whereas, every rail union at that time supported continued public ownership (the “Plumb Plan”) once the war had ended; and

Whereas, specifically, when the rank & file rail workers were polled by their unions in Decem­ber 1918, the combined totals were 306,720 in favor of continued nationalization with just 1,466 in favor of a return to private ownership; and

Whereas, the entire labor movement at that time was in favor of basic industry being removed from private hands, with the delegates to the 1920 AFL Convention voting 29,159 to 8,349 in fa­vor, overruling the officialdom of the AFL and its conservative position; and

Whereas, in the face of today’s crumbling infrastructure, crowded and clogged highways and city streets, poor air quality, lack of transportation alternatives and deepening climate crisis, ex­panded rail transportation – for both freight and passenger - presents a solution to these social ills and problems; and

Whereas, the rail industry today however is contracting – rather than expanding – at a time when we need more trains, trackage, rail workers, and carloads, not fewer; and

Whereas, the private rail industry is moving 5 to 10% less freight than it did 16 years ago, and in recent years has shuttered diesel shops and classification yards, and has drastically reduced the number of employees; and

Whereas, the private rail freight industry is generally hostile to proposals to run any additional passenger trains on their tracks – despite having legal common carrier obligations to do so - making it difficult if not impossible to expand the nations’ passenger rail network; and

Whereas, the rail industry has come to focus solely on the “Operating Ratio” as a measure of their success, and in doing so have engaged in massive stock buybacks and other measures that deliver short-term gains for stockholders but at the expense of the long-term health and vitality of the industry; and

Whereas, the Class One carriers’ failures to move freight effectively have contributed greatly to the ongoing supply chain crisis, resulting in some of the highest inflation rates in many years; and

Whereas, these “Fortune 500” corporations have raked in record profits, in both “good” years and “bad”, right through the “Great Recession,” the pandemic, and otherwise, right up to the most recent Quarterly financial announcements; and

Whereas, during these years of record profits, these same Class One carries have:

• Failed to solicit nor accept new but “less profitable” freight traffic.
• Forwarded less freight than 16 years ago.
• Stonewalled practically every attempt by Amtrak and other agencies to add passenger ser­vice.
• Failed to run Amtrak passenger trains on time, despite regulation and law to do so.
• Downsized the infrastructure, physical plant, and capacity.
• Eliminated nearly a third of the workforce.
• Outraged shippers and their associations by jacking up prices, providing poor service, and
• assessing new demurrage charges.
• Thumbed their nose at state and federal governments.
• Blocked road crossing and increased derailments by the implementation of extremely long trains.
• Threatened and attempted at every turn to run trains with a single crew member.
• Opposed proposed safety measures, from Positive Train Control (PTC) to switch point indi­cators;
• the End-of-Train Device (EOT) to Electronically Controlled Pneumatic Brakes (ECP).
• Taken a hostile stance towards the myriad unions, refused the bargain in good faith, consist­ently demanding concessions, all the while expecting these “essential workers” to labor through the pandemic without a wage increase.

Therefore, be it Resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH supports the public ownership of the rail infrastructure of the U.S., Canada, and Mexico, under democratic workers’ control, to be operated henceforth in the public interest, placed at the service of the people of all three nations; and

Be it Further resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH urge all of its members to voice their support for this proposal; and

Be it Further Resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH urges all other IWW branches, industrial unions, and chartered bodies to take a similar stand; and

Be it finally Resolved that the BAY AREA IWW GENERAL MEMBERSHIP BRANCH urges all labor unions, environmental and community groups, social justice organizations, rail advocacy groups and others to push for a modern publicly owned rail system, one that serves the nation’s passengers, shippers, communities, and citizens.

By Iris Kwok - Berkeleyside, February 28, 2023

Administrative employees at the 53-year-old Ecology Center, which operates Berkeley’s three farmers markets and a store on San Pablo Avenue, are seeking to form a union.

Administrative and farmers market employees at Berkeley’s Ecology Center are hoping to unionize. 

Twelve workers at the Berkeley environmental nonprofit notified their managers via email on Friday that they want to join the Industrial Industrial Workers of the World Union (IWW), which the Ecology Center’s recycling drivers have been organized with since 1989. 

The Ecology Center currently employs 20 non-managerial workers who help operate Berkeley’s three farmers markets, staff the center’s store at 2530 San Pablo Ave. and do other administrative work like writing grants and teaching classes, according to union organizers. 

Organizers are seeking voluntary recognition from management, but have not yet received a response, said Lucy Asako Boltz, who coordinates the center’s farmers market access and equity program.

They are asking that inflation-based cost of living adjustments be guaranteed to help afford the cost of living in the Bay Area. They also hope a union will ensure worker protections and eliminate favoritism. 

“Having the ability to negotiate with management as a group will help us to gain respect and make our workplace more equitable,” worker Beth Williams said in a press release issued by organizers.

Martin Borque, the Ecology Center’s executive director, has not responded to emails and phone calls requesting comment. 

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.

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.) 

By Max Baru - IWW.ORG, April 30, 2022

SAN FRANCISCO, California — The Industrial Workers of the World (IWW) is proud to announce that a team of engineers and technicians building the future of sustainable fertilizer production have recently organized with majority support. On February 7, 2022 they filed for union certification under the banner of the IWW and began the election process.

Nitricity Inc., whose mission is to decarbonize the fertilizer industry, is building solar-fertilizer production assets to electrify one of the world's most important industries.

The chemical sector is highly unionized in every industrialized country in the world, except the United States. Experience shows that the improved levels of communication and organization which result from a unionized workforce lead to greater competitiveness, productivity, and innovation.

The workers at Nitricity are excited to collaborate to build a workplace with equitable treatment, benefits, and pay for all employees.

“One thing that really drew me to Nitricity is that the technology is much more mature than other startups I've seen. It's proven tech with a lot of potential, and an exciting project to work on. I also feel that the company's goal is an important one, since 5-8% of all global emissions are caused by fertilizer production and application. I think unionization is the right move, because it streamlines workplace interactions and frees us up to focus on the company's mission.” - a shop worker

By Shelby N - Indusrtial Worker, April 29, 2022

The fight for unionization continues at Nitricity, a San Francisco-based start-up company that produces fertilizer. A union election held on April 6 split 5-5 between supporters and opponents, with a single, currently uncounted vote remaining.

A variety of unsafe working conditions and lack of health insurance initially led the workers of Nitricity to begin organizing their union with the Industrial Workers of the World. Early attempts to negotiate with management prior to the unionization effort were met with limited success. Workers’ input on suitable healthcare plans, for example, was ultimately ignored.

Soon after launching their union drive with the IWW, workers also discovered unfair pay disparities. Their efforts continue to be supported by the San Francisco Bay Area IWW, which helped prepare them for anti-union attacks and to organize their own pro-union actions, such as marching on management.

Nitricity workers have endured an array of anti-union tactics. Talk of how workers and management are a team, warnings that the union is a “third party” that won’t actually represent workers and threats that the business may be unsuccessful if a union is formed were all deployed to dissuade workers from organizing. Management even hired anti-union consultants to help quash the workers’ efforts.

“They claimed that if we unionize — and if we unionize specifically with the IWW, with its very anti-capitalist stance — then venture capitalists will be more hesitant or outright deny providing funding,” says Jackson Wong, a research and development technician and union member at Nitricity.

Workers, however, don’t believe these threats to be credible, due to the continued interest from investors that they have observed firsthand.

Nitricity workers attribute the split union vote to management misclassifying one of their coworkers as a supervisor. The worker was allowed to vote, but it does not count toward certification of the union at this time.

“This person does not have hiring-firing power,” says Wong. “They don’t have the power to control salary, take disciplinary measures — anything that’s listed in that part of the National Labor Relations Act.”

By Steve Ongerth - IWW Environmental Union Caucus - March 11, 2022

The California Climate Jobs Plan, popularly known as "the Pollin Report"--which has been described as a "sholvel ready just transition/Green New Deal" plan--and was immediately endorsed by nineteen California based labor unions, including three United Staeelworkers Union locals which primarily represent refinery workers upon its unveiling has since gained the support of many additional unions. The following unions (so far) have since endorsed the plan (knowing that while the plan isn't perfect, it's at least a step in a positive direction):

November 2021:

• Inland Boatmen's Union (IBU), SF Bay Region (an affiliate of the ILWU)
• Railroad Workers United
• IWW San Francisco Bay Area General Membership Branch

February 2022:

• International Lonshore and Warehouse Union (ILWU) Northern California District Council (NCDC)

The council is composed of delegates from the following ILWU Locals:

• ILWU Local 6 (Bay Area Warehouse)
• ILWU Local 10 (Bay Area Longshore)
• ILWU Local 34 (Bay Area Shipping Clerks)
• ILWU Local 75 (Bay Area Dock Security Guards)
• ILWU Local 91 (Bay Area “Walking Bosses”)
• ILWU Local 14 (Eureka; combined)
• ILWU Local 18 (Sacramento; ditto)
• ILWU Local 54 (Stockton)
• Bay Area IBU (already endorsed individually)
• and the pensioners from all of the above.

However, the NCDC's endorsement does not automatically mean that each of its constituent locals have individually endorsed the plan.

The more unions that endorse and take an active role in motivating the proposal either by lobbying at the California state level, engaging in public actions to promote the goals of the plan, or even engaging in workplace actions (whereaver relevant and practiceble), the greater chances the plan has of being realized.

(That said, it should be noted that this is not an IWW organizing project, although IWW members have been active in securing additional union endorsements).

A sample resolution (a copy of the text adopted by the SF Bay Area IBU) is available here.

Download the plan - here.

By Elise Brehob - Industrial Worker, September 22, 2021

For workers at the Curbside Recycling Program in Berkeley, California, the ongoing COVID-19 pandemic highlighted the need for better working conditions. The truck drivers, who have been required to work every day while many California residents sheltered at home, demanded and won both a wage increase and more paid time off. The Curbside Recycling Union is organized with the Industrial Workers of the World.

The Curbside Recycling Program is operated by the Ecology Center, a nonprofit organization, under contract with the City of Berkeley. The program’s recycling truck drivers began organizing in 1988 and won their first union contract the following year. More than 30 years later, the drivers remain unionized, winning greater wages and benefits, as well as maintaining control over their routes and accident review committees.

“The purpose of the accident review committee is to give the workers the ability to discuss and vote on accident responsibility,” explains Joe, a driver at the Curbside Recycling Program and member of the union. “For instance, if a recycling truck is sideswiped by an impatient motorist, the committee has the ability to find the driver of the truck blameless.”

Joe also recalls a half-day strike that the Curbside Recycling Union staged a few years ago, which involved every driver walking off the job.

 “There was one key demand,” says Joe. “That demand was that the workers have a say in route distribution and route assignments, which the company agreed to. … That was a key moment for the union to demonstrate union power.”

Passed by the Bay Area IWW General Membership Branch - January 5, 2017

Whereas, California Public Resources Code Section 5097.98 (a) states: Whenever the commission receives notification of a discovery of Native American human remains from a county coroner pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, it shall immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site; and

Whereas, California Public Resources Code Section 5097.98 (b) states: Upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section, with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment; and

Whereas, Section 7050.5 of the California Health and Safety Code states: In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are to be subject to the coroner's authority, and if the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and

Whereas, On March 29, 2016 construction workers uncovered what appear to be “pre-contact” Indian remains while digging a trench on Fourth Street near Hearst Avenue in West Berkeley as part of the redevelopment of Spenger’s Fish Grotto and adjoining parcels, and

Whereas, the uncovered remains are almost certainly part of the West Berkeley Shellmound (Berkeley City Landmark #227, believed to be centered at, but not limited to Second Street and Hearst Avenue), and

Whereas, On January 16, 2016 the Berkeley City Council adopted three resolutions strengthening recognition of the Ohlone people as the original inhabitants of Berkeley and recognizing the shellmound as an indigenous sacred site. One of the resolutions promised that the “informed consent of the Ohlone and other indigenous peoples of the region be integral to any alteration planning for the Berkeley Shellmound sacred site.”, and

Whereas, throughout the history of the United States, the livelihoods, cultural traditions, and wellbeing of indigenous peoples have been routinely abused, destroyed, discounted, and/or ignored, and

Whereas, continued construction of the project would effectively remove a portion of Berkeley City Landmark #227, and the partial or total destruction of previously unidentified intact archeological deposits by the Project would impair the ability of such resources to convey important scientific and cultural information, and

Whereas, the IWW Bay Area General Membership Branch has recognized the importance of protecting sacred indigenous cultural sites by passing resolutions in support of Standing Rock and against the Dakota Access Pipeline in North Dakota, and

Whereas, the universal union credo, "an injury to one is an injury to all" must apply to frontline communities in a broader sense,

Be it Resolved That, the IWW Bay Area General Membership Branch calls upon the City of Berkeley to deny any and all permits for this development, and

Be it Further Resolved That, the IWW Bay Area General Membership Branch demands that this site be given a larger protected status due to its cultural and historical significance."

The Inland Boatmen's Union has also passed a Reolution to Protect the West Berkeley Shelmound opposing the 1900 4th st. devolpment and we would like additional locals and the labor councils or the Bay Area to pass similar resolutions to stop the proposed desecration of this Sacred Site!"

By John Reimann - Oakland Socialist, October 29, 2016

IWW Environmental Unionism Caucus cofounder Steve Ongerth issues a call out to support Labor for Standing Rock in this video: