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March 6, 2007

UFCW STATEMENT ON NAACP ENDORSEMENT OF EMPLOYEE FREE CHOICE ACT

(Washington, DC) – The United Food and Commercial Workers International Union applauds the National Association for the Advancement of Colored People’s (NAACP) endorsement of the Employee Free Choice Act.

As the nation’s oldest and largest civil rights organization, the NAACP’s support demonstrates that the Employee Free Choice Act is an important civil rights issue. If passed, the act would clear a path for workers to have a fair chance to exercise their democratic right to choose a union. Unionized workers have better wages, benefits, working conditions and job security than workers who don’t have a union.

In calling for passage of the act, the NAACP said, “The impact of unions—ensuring that all working Americans are treated well and share in the prosperity—cannot be overstated. Despite the continuing strength and advocacy power of unions, however, some employers continue to treat workers poorly, not paying them a fair wage or providing them with necessary benefits… And some employers continue to fight the legitimate organization of unions.”

Every day, corporations harass, intimidate, threaten and even fire workers who try to form unions for better working and living standards. Corporations deny employees the freedom to decide for themselves whether to form unions. And when corporations do that, they deny working men and women the freedom to pursue a better life for themselves and their future generations.

March 6, 2007

UFCW Lauds the Protective Equipment for America

Washington, DCThe United Food and Commercial Workers (UFCW) applauds and supports the ‘‘Protective Equipment for America’s Workers Act,’’ introduced today in the U.S. House of Representatives.  The Act, also known as H.R. Bill 1327, sponsored by Congresswoman Lucille Roybal-Allard (D-CA) and co-sponsored by Congressman George Miller (D-CA), seeks to require the Occupational Safety and Health Administration (OSHA) to complete its rulemaking on Employer Payment for Personal Protective Equipment (PPE) for workers.  This Occupational Safety and Health Administration (OSHA) rule would require employers to pay the costs of protective clothing, lifelines, face shields, gloves and other equipment used by an estimated 20 million workers to protect them from job hazards.

For nearly eight years, OSHA has failed to issue a standard requiring employers to pay for PPE.   The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (OSHA) after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment.  In 1999, OSHA promised to issue the final PPE rule in July 2000.  But it missed that deadline and has missed every self-imposed deadline since.  The agency has failed to act in response to a 2003 petition by the AFL-CIO and UFCW and numerous requests by the Hispanic Congressional Caucus.

By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule.   The labor groups say that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.

“”Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so.   It is long overdue that the agency takes action on protective equipment.  The time has come to force OSHA to act,”” said Joseph Hansen, UFCW International President.

February 21, 2007

Federal Judge Orders Labor Department to Answer for Eight-Year Delay in Requiring Employers to Pay for Safety Equipment

A United States Court of Appeals ordered the Department of Labor (DOL) to respond in 30 days to a suit requesting the court to order OSHA to implement a long-delayed standard that would require employers to pay the costs of protective clothing, lifelines, face shields, gloves and other equipment used by an estimated 20 million workers to protect them from job hazards.

The United Food and Commercial Workers (UFCW) and the AFL-CIO sued the DOL January 3 over an eight-year delay in implementing an Occupational Safety and Health Administration (OSHA) rule requiring employers to pay for personal protective equipment (PPE).

The lawsuit asserts that the Bush Administration’s failure to act is putting workers in danger.  By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule.  The labor groups noted that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.

The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (OSHA) after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment.  The new rule would not impose any new obligations on employers to provide safety equipment; it simply codifies OSHA’s longstanding policy that employers, not employees, have the responsibility to pay for it.

In 1999, OSHA promised to issue the final PPE rule in July 2000.  But it missed that deadline and has missed every self-imposed deadline since.  The agency failed to act in response to a 2003 petition by the AFL-CIO and UFCW and  requests by the Hispanic Congressional Caucus.  The lawsuit seeking to end this eight-year delay, called it “egregious.”

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, asked the court to issue an order directing the Secretary of Labor to complete the PPE rule within 60 days of the court’s order.

February 6, 2007

Jose Guardado, Meatpacking Worker and Union Activist

My name is Jose Guardado and I worked at the Nebraska Beef meatpacking plant in Omaha, Nebraska for 8 years. I worked on the kill floor where we faced more than 2500 steers each day.

I came to this country to follow the American dream. I thought that in the most powerful country in the world, workers were free to express themselves. I thought the laws protected workers who wanted to form a union. I was wrong. Instead, I found that when employers break every law, abuse workers and silence our voices, no one does anything to stop them.

My co-workers and I wanted a union at work to fight back against the dangerous working conditions, the lack of respect, and abusive treatment. We all signed cards showing our support for the UFCW.

The law wasn’t enough to stop Nebraska Beef from campaigning against us. The company terrified workers from standing up for their rights. They threatened to fire union supporters, threatened to call immigration and deport the Latinos and threatened to close the plant. They promised to slow down the line and treat everyone better. On the day of the elections, Nebraska Beef brought in a bunch of workers from another company plant to vote against the union.

Workers were scared. No one wanted to lose their job. The company won the vote by a small number. The line was sped back up and no one was given what was promised to them.

Then, Nebraska Beef began firing union supporters. I knew they were watching and waiting for me to make a mistake, so I was very careful. But the company fired me. My insurance was terminated weeks before they fired me and I had to pay $1,000 out of my own pocket for doctor’s visits and medicine. Meanwhile, they still took $20 out of the last three paychecks for health insurance that I didn’t have.

This company took away my livelihood and hurt my family just to keep us from organizing a union. Many other workers were fired or quit because they were so afraid.

Now, workers at Nebraska Beef still suffer the abuse and indignity that existed before the union campaign. Workers are still being threatened and fired. And, there is no way to ever have a fair election there.

We need this law to protect workers’ rights. We need this law to help workers who want to have safer working conditions and a better life with union representation.

January 3, 2007

AFL-CIO and UFCW Sue Bush Administration to End Eight-Year Delay on Rule Requiring Employers to Pay for Safety Equipment

(Washington, Jan. 3) – – The AFL –CIO and the United Food and Commercial Workers (UFCW) today sued the U.S. Department of Labor over its failure to issue a standard requiring employers to pay for personal protective equipment (PPE) – – a standard which has been delayed for nearly eight years.  This Occupational Safety and Health Administration (OSHA) rule would require employers to pay the costs of protective clothing, lifelines, face shields, gloves and other equipment used by an estimated 20 million workers to protect them from job hazards.
The lawsuit asserts that the Bush Administration’s failure to act is putting workers in danger.  By OSHA’s own estimates, 400,000 workers have been injured and 50 have died due to the absence of this rule.  The labor groups say that workers in some of America’s most dangerous industries, such as meatpacking, poultry and construction, and low-wage and immigrant workers who suffer high injury rates, are vulnerable to being forced by their employers to pay for their own safety gear because of OSHA’s failure to finish the PPE rule.
The rule was first announced in 1997 and proposed in 1999 by the Occupational Safety and Health Administration (OSHA) after a ruling by the Occupational Safety and Health Review Commission that OSHA’s existing PPE standard could not be interpreted to require employers to pay for protective equipment.  The new rule would not impose any new obligations on employers to provide safety equipment; it simply codifies OSHA’s longstanding policy that employers, not employees, have the responsibility to pay for it.
In 1999, OSHA promised to issue the final PPE rule in July 2000.  But it missed that deadline and has missed every self-imposed deadline since.  The agency has failed to act in response to a 2003 petition by the AFL-CIO and UFCW and numerous requests by the Hispanic Congressional Caucus.  The lawsuit filed today seeks to end this eight-year delay, calling it “egregious.”
“”Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so.  It is long overdue that the agency take action on protective equipment.  Now, we are asking the courts to force OSHA to act,”” said Joseph Hansen, UFCW International President.
 “The Bush Administration’s failure to implement even this most basic safety rule spotlights how it has turned its back on workers in this country,” said AFL-CIO President John Sweeney.  “Too many workers have already been hurt or killed.  The Bush Department of Labor should stop looking out for corporate interests at the expense of workers’ safety and health on the job.”
 The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, asks the court to issue an order directing the Secretary of Labor to complete the PPE rule within 60 days of the court’s order.
September 25, 2006

Coalition Calls on USDA to Revise Bird Flu Plan

Washington, DC – A broad coalition of stakeholder groups issued a statement today criticizing the U.S. Department of Agriculture’s plan for responding to a U.S. outbreak of bird flu and called for revisions to adequately protect the public and poultry farmers.  The coalition charged that the USDA does not acknowledge the risk posed by common poultry industry practices in the emergence and spread of highly-pathogenic avian influenza.
“”The USDA is incorrectly focusing its attention on small and free-range poultry farmers,”” said Wenonah Hauter, executive director of Food & Water Watch.
The USDA does not address industry practices that increase the risk of spreading avian influenza. “”Not only are big poultry producers housing hundreds of thousands of birds, they’re moving birds, feed, and supplies and even poultry waste to be used as fertilizer or to be fed to other animals,”” explained Hauter.
  “”Poultry workers and growers would be among the first exposed to an outbreak but USDA does not ensure appropriate protective equipment, specialized sanitation, training, human flu vaccinations and whistleblower protections for workers who detect and report sick birds “” said Mark Lauritsen of the United Food & Commercial Workers.
The plan does not address the potentially huge economic impacts for small processors and the vulnerability of the many workers at large plants if quarantines or depopulation eliminate the supply of poultry. “”The current USDA plan provides for compensation of the large poultry companies that own birds. Meanwhile, workers and farmers who contract with the companies are left completely vulnerable and stand to lose their entire livelihood,” said Andrea Whiteis, National Poultry Justice Alliance Director.
The coalition representing consumers, organic, minority and family farmers, ranchers, animal welfare advocates, contract poultry growers, poultry workers, unions, environmentalists, religious groups, social justice organizations and concerned citizens called on USDA’s Animal Plant Health Inspection Service to take the following steps:
  • Protect the health and livelihoods of all poultry workers and growers;
  • Follow the World Organization for Animal Health (OIE) euthanasia guidelines when destroying flocks;
  • Improve procedures for venting, dust control, and transportation and disposal of bird carcasses and waste; and
  • Extend testing, enforce immediate quarantines, and notify the facilities’ neighbors if disease is detected.
The complete statement is available online at http://www.fwwatch.org/food/avian-flu/usda-should-revise-avian-flu-plan-coalition-statement or as a pdf file including the list of signatory contact information at http://www.fwwatch.org/food/avian-flu/Avian%20Flu%20Coalition%20Statement.pdf
August 30, 2006

EMERGENCY PETITION SEEKS IMMEDIATE ACTION ON LETHAL POPCORN FLAVORING

Unions, Supported by Scientific Community,
Petition California Occupational Safety and Health Standards Board for Emergency Temporary Standard for the Chemical

(Buena Park, California) – On August 23, 2006 the United Food and Commercial Workers’ Union, Western States Council and the California Labor Federation petitioned the California Occupational Safety and Health Standards Board to immediately issue an Emergency Temporary Standard for diacetyl, a deadly chemical used in flavorings. This follows action taken on July 26, 2006, when two affiliate unions of the Change to Win federation – the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters -petitioned the Department of Labor (DOL) for an Emergency Temporary Standard for diacetyl under Occupational Safety and Health Act.

Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation. There have been dozens of cases of what has become known as “”popcorn workers lung,”” or bronchiolitis obliterans-a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl. Several food industry employees in California have developed devastating lung problems after being exposed to diacetyl in the workplace. There are currently no OSHA standards requiring exposures to diacetyl and flavorings be controlled.

According to the Division of Occupational Safety and Health, there are 16 – 20 plants producing flavorings in the state of California. And thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.

The petition was accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.

The UFCW and the California Labor Federation are petitioning the Standards Board to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.

The petition also demands that Cal/OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical. Cal/OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.

July 26, 2006

Emergency Petition Assails OSHA

(Washington, DC) —On July 26, 2006, two affiliate unions of the Change to Win federation — the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters — began petitioning the Department of Labor (DOL) to immediately issue an Emergency Temporary Standard to stop the continued risk of diacetyl exposure to workers. In 2002 and 2003, OSHA’s own scientists studying diacetyl unsuccessfully urged their leaders to take broader action to protect workers. There are currently no OSHA standards requiring exposures to be controlled.

Diacetyl is a hazardous chemical that has been connected to a potentially fatal lung disease that has been experienced by food industry workers across the nation.  There have been dozens of cases of what has become known as “popcorn workers lung,” or bronchiolitis obliterans—a severe, disabling, and often-fatal lung disease experienced by factory workers who produce or handle diacetyl.

“Three workers have died and hundreds of others seriously injured,” said Jackie Nowell, UFCW Safety & Health Director. “It’s time for action. We will not let food processing workers continue to be the canaries in the coal mine while waiting for the industry to regulate itself.”

More than 8,000 workers are employed in the flavorings production industry and may be exposed to the dangers of diacetyl and other similar chemicals. Tens of thousands of food processing workers are involved in the production of popcorn, pastries, frozen foods, candies and even dog food that use these chemicals.  It is not clear whether consumers are at risk from exposure to diacetyl but certainly the workers who deal with high concentrations of the flavoring chemical are at risk of developing serious and irreversible lung damage.

The unions’ petition is accompanied by a letter from forty-two of the nation’s leading occupational safety scientists, including a former OSHA director, five former top officials from OSHA, the Environmental Protection Agency, and the Department of Health and Human Services, who all agree that there is more than enough evidence for OSHA to regulate.

“”Study after study have shown that breathing artificial butter flavor destroys workers lungs. We know how to prevent this terrible disease but OSHA refuses to act”” said Dr. David Michaels of the Project on Scientific Knowledge and Public Policy at the George Washington University School of Public Health.

The UFCW and Teamsters filed the petition for an Emergency Temporary Standard with the DOL to require employers to control airborne exposure to diacetyl and ensure that all employees who are exposed to a certain airborne level of the chemical are provided with air purifying respirators. The safety of these workers would be additionally monitored through medical surveillance and regular consultations.

The petition also demands that OSHA immediately issue a bulletin to all employers and employees potentially exposed to diacetyl outlining the dangers of the chemical.  OSHA is being asked to conduct inspections and begin rule-making proceedings to establish a permanent standard that will put an end to this tragic epidemic and protect workers from exposure to all flavorings.

“The science is clear.  Now it is time for the Department of Labor to employ their regulatory mandate and protect the public,” said Lamont Byrd, Teamster Safety & Health Director. “Such illnesses and fatalities are avoidable and therefore, inexcusable.  An Emergency Standard is necessary to prevent the suffering and death of the additional workers who will get sick during the time it would take for OSHA to set a Permanent Standard.”

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The United Food and Commercial Workers International Union’s 1.4 million members work in America’s supermarkets, meatpacking and food processing plants.  Founded in 1903, the International Brotherhood of Teamsters represents more than 1.4 million hardworking men and women throughout the United States and Canada.  Both unions are founding members of the Change to Win federation.  www.changetowin.org

For more information and studies about Popcorn Workers Lung Disease, go to www.DefendingScience.org

 

 

November 29, 2005

UNITED FOOD AND COMMERCIAL WORKERS UNION URGES PRESIDENT TO ADD WORKER COMPONENT TO BIRD FLU PLAN

If a bird flu pandemic were to break out in the United States, workers in America’s poultry industry would be the first to notice sick birds, the first to risk exposure to the deadly virus, and the first to sound the alarm. That’s why the United Food and Commercial Workers International Union (UFCW) has sent a letter to President Bush urging him to initiate coordinated protection for poultry workers on the front lines by initiating a Cabinet-level meeting to discuss worker issues and the potential pandemic.

The poultry industry is a major force in the U.S. economy, generating more than $35 billion per year in revenue. The nation’s 200,000 poultry workers produce 500 million pounds of chicken every week. We must have a plan to protect these workers-the chicken catchers and those that slaughter, process, and package the millions of chickens and turkeys that Americans eat each year.

The Bush administration has taken the first, important steps in containing a potential outbreak of bird flu by discussing and planning the control of the virus at its source-in animals.

However, if we are to avoid a pandemic, America’s plan to contain the bird flu must have a worker component. The Bush administration should consider:

–Direct contact with infected poultry or contaminated surfaces and objects is considered the main route of human infection. This kind of direct contact is the norm for workers in the poultry industry. A poultry worker immunization program will prevent the spread of the disease and assure the public that a meaningful step has been taken to contain the disease at its source.

–Poultry workers are in the best position to visually identify sick birds and report suspected cases of bird flu. These front line workers are the nation’s best defense against a pandemic, but they will need whistleblower protections in order to avoid discrimination and to assure that profit doesn’t override health and safety.

–Many immigrant, undocumented, or Spanish-speaking poultry workers are unaware of workplace safety regulations. This population is unlikely to ask for safety and health protections such as respirators or flu shots. Unfortunately, a recent sting operation where ICE agents posed as OSHA officials has hurt the credibility of government safety programs and further increased immigrants’ mistrust of government. We must reach out to these workers with health and safety information and we must strictly enforce a policy that prohibits sting operations that undermine OSHA credibility.

These worker issues are of paramount importance. Worker organizations, like unions, should be consulted and integrated into the effort. The UFCW stands ready to work with all interested stakeholders, including worker representatives, government agencies, and poultry companies.

November 14, 2005

Statement of Joe Hansen, UFCW International President

Justices Agree to End the Workplace Rip-off

(Washington, DC) – Meatpacking, poultry and food processing workers finally have the backing and protection of the highest court in the land.  Today, the United States Supreme Court affirmed the position long held by workers and the United Food and Commercial Workers International Union (UFCW) – that employers must pay workers for time spent obtaining required safety equipment and reporting to their work location in the plant.  The UFCW has advocated for decades that all required time is paid time.

For far too long, employers have cheated workers out of their full paycheck by refusing to pay them for the time it takes to pick up their required safety equipment such as chain mail gloves, hair nets, aprons and heavy boots.  Meat industry giants like Tyson Foods, which owns IBP, have long insisted that workers paid time does not include as much as thirty to forty minutes per day spent collecting and putting on their gear and walking to their station on the production line.

Today, the Supreme Court justices unanimously agreed that workers deserve to be paid for that time.  In reality, the fact that the U.S. Supreme Court had to rule on such a case speaks volumes about the greed and arrogance of employers in this country.  It wasn’t enough to cheat workers out of their wages, the meat packing industry fought for the right to continue its rip-off all the way to the highest court.

The time has finally come for the hundreds of thousands of workers to receive their rightfully due wages when they report for duty in America’s food industry workplaces.  Today’s court ruling is a tremendous victory for workers.

Click here for a copy of the ruling.