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June 9, 2010

One Year After Tragedy in Garner, Safety Regulations Can

WASHINGTON, D.C. – The following is a statement from Jackie Nowell, Director of Occupational Safety and Health at the United Food and Commercial Workers International Union:

A year ago today – June 9, 2009 – it was a warm afternoon in Garner, North Carolina when a powerful explosion leveled the ConAgra Foods plant. A tragic error in judgment while installing a new water heater led an outside contractor to repeatedly release natural gas from a pipe into an enclosed room near the center of the building and an unknown spark set it ablaze.

The resulting explosion and toxic ammonia release killed four people and injured 70 others. It was a preventable tragedy that destroyed lives, livelihoods and a community of friends and neighbors. The United Food and Commercial Workers represented the more than 300 ConAgra workers affected by the blast and saw first-hand the devastation caused by this explosion.

Conflagrations like this one killed and injured workers from Missouri to Michigan, and yet no regulations existed to prevent contractors from purging gas lines into closed spaces. Working with authorities and experts from across the country we set about to change this. Our fight became marked by even greater urgency after five workers were killed in yet another gas purging explosion in Connecticut that February.

Along with the U.S. Chemical Safety Board, who investigated this explosion, we urged the National Fire Protection Association (NFPA) – who provides safety codes for building contractors across the country – to adopt regulations that would prevent contractors from purging explosive gasses into enclosed spaces. But after heavy lobbying from the natural gas and propane industries, the NFPA wilted like old lettuce and failed to stand for the safety of America’s workers.

So here we are, one year later. The plant in Garner rather is scheduled to close, bringing a second round of devastation to the community. We know we can’t bring back these workers, these friends, these family members back to their community and their loved ones. The broken system at the NFPA has failed to learn from these tragedies and has bowed to industry pressure to let these deadly indoor gas purges continue unregulated.

This is frankly unacceptable. As Debra Petteway, a Food and Commercial Workers member who worked in the ConAgra plant and lost her son to the explosion said, “Louis Watson was my son, he was my only son, and now he’s gone. They didn’t have to die, and if someone doesn’t fix this, it’s going to happen again.”

Ms. Petteway is right. The NFPA, who is supposed to protect workers like her son, has shirked their duty.

So one year later, the “experts” charged with protecting America’s workers have failed to learn from this tragedy or from the legions before or after. How much longer will we wait with no regulatory or legislative action for the safety of American workers? The Occupational Safety and Health Administration (OSHA) and our legislators must not wait for these quasi-governmental regulatory bodies to demonstrate their craven kowtowing to industry demands any longer. We need comprehensive legislative or OSHA regulation so that the lessons of those who gave their lives in these explosions are not forgotten and all those that come later are protected from a similar fate.

June 3, 2010

Activists Call for End to Gender Discrimination During Walmart Shareholder Meeting

Washington, DC – The following statement is from the Wake Up Walmart campaign of the United Food and Commercial Workers International Union (UFCW):

“With the disclosure of a 1995 internal Walmart memo documenting company-wide discriminatory practices nearly six years before the landmark Dukes v. Walmart class-action lawsuit, the women of Walmart are taking another step forward in their march for justice.

“Walmart shareholders must hold Walmart CEO Mike Duke accountable for the company’s failure to follow federal anti-discrimination and workplace laws.  The retail giant could face more than a billion dollars in back wages and other damages to women to settle the class-action suit.  Today’s news is a smoking gun that Walmart leadership was aware of the financial risk facing the company for six years before women took legal action against its policies that systematically paid female workers less than their male counterparts and prevented women from winning promotions.

“The internal memo was first reported on by the New York Times on June 3, 2010.  We call on Walmart to make this document public and give all 1.4 million Walmart associates access to the internal review.

“In statements to investors, Walmart claims that 15% of cash incentive payments for top executives are tied to meeting diversity goals.  Walmart should disclose the diversity goals so that shareholders can hold them accountable toward meeting them.  Shareholders will present a resolution at the company’s annual meeting tomorrow that will allow shareholders to hold executives accountable for issues like gender discrimination.

“Walmart executives must make public their diversity standards.  Until they can prove that they have purged their old sexist culture, Walmart executives should have their bonuses withheld.  As part of a national day of action involving Wake Up Walmart activists from across the country, we are asking Walmart shoppers to sign a letter to Walmart CEO Mike Duke calling for oversight in executive pay as long as allegations of discrimination remain outstanding.

 

May 24, 2010

MOTT

WILLIAMSON, NY, May 23, 2010  — Over 300 full time manufacturing workers at the Mott’s plant in Williamson, New York went out on strike this morning at 6:00 a.m because of painful wage cuts while the company enjoyed a record year of $555 million in profits.  The work stoppage was caused as a direct result of the Mott’s executives (a subsidiary of Dr. Pepper Snapple Group) unfair labor practices as they tried to peel away good jobs and wages, including not bargaining in good faith.  The company had publicly declared an impasse and plans to implement their last contract terms, which offered nothing but a reduction in hourly wages and drastic healthcare and pension concessions for the skilled, dedicated workforce at the Williamson manufacturing.

“The workers that were forced to strike today are the same workers who helped make Mott’s be the highly profitable company they are today, and they should not be treated like a bunch of rotten apples by overpaid executives,” said Stuart Appelbaum, national president of the Retail, Wholesale and Department Store Union, UFCW.  “We understand that no one wins when there is a strike, but is very troubling and disturbing that such a profitable company as Mott’s would carve away a core relationship with their workforce all for corporate greed.  Whittling down wage and benefit standards, while exponentially increasing CEO compensation is rotten business, and frankly unAmerican!”

The Retail, Wholesale and Department Store Union (RWDSU/UFCW) Local 220, which represents the workers, has been tirelessly negotiating to secure a fair and decent contract for months with Mott’s management.  Despite the company’s profitability, Mott’s/Dr. Pepper Snapple have demanded givebacks, including a $1.50 per hour wage cut for all employees, a pension elimination for future employees and a pension freeze for current employees, a 20 percent decrease in employer contributions to the 401K and increased employee contributions toward health care premiums and co-pays.

Mott’s workers overwhelmingly rejected this offer and voted in favor of authorizing their negotiating committee at RWDSU/UFCW Local 220 to call an unfair labor practice strike. The union has continued to demand that the company bargain in good faith in order to quickly reach a fair contract.

By contrast, Dr. Pepper Snapple Group President  & CEO Larry D. Young (located in Plano, Texas headquarters) has enjoyed a 113% salary increase over the last 3 years (or 28 percent each year).  Mr. Young’s total compensation for 2009 was $6,519,378

Additional, last year, Dr. Pepper Snapple Group made $555 million in profit.

Michael Leberth, president of RWDSU/UFCW Local 220 said “the company has not budged from our reasonable and dignified offer and there will be no late night negotiations.  We are tired of being juiced by such a profitable company.”

May is the highest busiest season for Mott’s apple juice and applesauce manufacturing as the demand for these parent and children favorites is highest during the summer season.

The Williamson plant is the only plant that produces Mott’s applesauce, including high margin single serve packs, with 70% of the workforce in skilled labor categories.  A labor dispute could damage the value of Mott’s family-friendly brand by associating it with corporate greed and union busting.  Additionally, the product may suffer quality issues, as the skilled workforce is not easily replaceable.  The Mott’s brand is responsible for more than $550 million worth of Dr. Pepper Snapple’s retail sales each year.

“Why would DPS, with millions in profit, risk interrupting production at a high volume plant?” asked Ira Bristol, who has worked at the plant for almost five years.  “Destroying goodwill and creating this antagonistic atmosphere will badly hurt the production system and bottom line, not to mention negatively affecting employee morale and tarnishing the Mott’s good brand around the country.”

May 21, 2010

FOOD WORKERS UNION ASKS DOJ/USDA PANEL TO INVESTIGATE WALMART

Union says examining Walmart’s pricing pressure and buying power is critical to understanding the negative effects of concentration on food workers, farmers, poultry growers, consumers, communities and local economies

Normal, Ala. – The United Food and Commercial Workers International Union (UFCW), which represents more than 250,000 men and women in the meatpacking and food processing industry, released the following statement today regarding the Department of Justice/USDA workshop on agriculture and antitrust enforcement issues in the poultry sector:

“We believe that these historic hearings represent an enormous opportunity to rebuild and revitalize rural America by ensuring justice and fairness for working men and women across the food industry.

“At the first DOJ/USDA hearing held in March, Secretary of Agriculture Tom Vilsack cut to the heart of this issue when he said the central focus of these workshops was to determine if the marketplace was ‘providing a fair deal for all.’

“To answer that, it is critical that the voices of individuals across the food supply chain—from workers, to growers, to farmers—be heard and for the entire industry to be closely examined. That means analyzing the industry from the farm to the shelves of our grocery stores. It means examining how big retailers, such as Walmart, are driving concentration through their enormous buying power and the pressure they impose on suppliers.

“Make no mistake about it, Walmart’s actions affect every level of our nation’s food supply chain—and they have no intention of loosening their tight chokehold on our food production and distribution systems.

“To secure its rural stranglehold, Walmart uses its enormous footprint, coupled with its pricing power, to literally dictate how whole industries must operate. They reach deep inside a company, effectively influencing every aspect of a supplier’s business operations. This inevitably leads to lower wages for workers, less money for farmers, growers and ranchers and fewer choices for consumers.

“As one industry publication recently wrote, ‘The costs of running processing businesses, from transportation to utility costs and insurance premiums, continue to increase along with pressures from retail customers to not raise prices. Leading the charge for resisting price increases is Walmart, which has informed its suppliers it will not allow price increases in the coming months.’

“Walmart’s pricing strategy leads to incredible pressure on producers, customers, competitors, farmers and workers. It squeezes workers’ wages and means less money in the pockets of hardworking poultry growers. It often drives industry concentration and leads to the elimination of healthy competition in the marketplace—on products ranging from poultry to pet food.

“If we truly want to address anti-competitive practices in agriculture, we must treat more than just the symptoms, we must treat the disease—and Walmart is the disease.

“If Walmart’s actions are not addressed, if the downward pressure they put on workers, businesses, growers and farmers is not vigorously challenged, we will continue to see a destructive race to the bottom that will destroy strong communities and wipe out good rural jobs that are the backbone of our nation.

“If we really want to rebuild our nation’s food system, if we really want to ensure that our agriculture sector is providing a fair deal for all, it is critical that the Obama Administration addresses Walmart’s unprecedented ability to hold farmers and packers captive to their pricing schemes and supply chain management practices.

“The ugly truth is that Walmart has created a system that pits workers and farmers against each other, fighting for the scraps that are left over after company executives try to wring every cent out of our nation’s food supply chain to bolster their profits. This system is devastating to rural innovation, it devalues farming economies and it destroys what were once solid, middle-class packing and processing jobs.

“We applaud the efforts of Attorney General Holder, Secretary Vilsack and Assistant Attorney General Varney and look forward to rigorous enforcement against business practices that hamper competition, hurt workers, harm communities and hinder our nation’s ability to provide good, quality food to America’s kitchen tables.”

May 17, 2010

FOOD WORKERS UNION FILES FEDERAL LAWSUIT CHALLENGING ARIZONA’S ANTI-IMMIGRANT LAW

UFCW International President Hansen challenges Arizona law as“unconstitutional and un-American”

WASHINGTON, DC – The United Food and Commercial Workers International Union (UFCW) today joined in a lawsuit filed in federal court challenging the constitutionality of Arizona’s recently passed immigration law, S.B. 1070. Other plaintiffs in the lawsuit include the Service Employees International Union and various civil rights organizations.

In addition, the National Immigration Law Center (NILC), the National Association for the Advancement of Colored People (NAACP), the Mexican American Legal Defense and Education Fund (MALDEF), and the American Civil Liberties Union (ACLU) will join in providing legal counsel for the suit.

UFCW International President Joe Hansen released the following statement regarding the lawsuit:

“We believe S.B. 1070 is unconstitutional, un-American and that it undermines our nation’s rich immigrant history. The law effectively legalizes racial profiling and sanctions harassment and discrimination. We are filing this suit to protect the rights of our members and all workers in the state of Arizona—and to uphold the values and ideals that make our nation strong.

“The UFCW has been at the forefront of the fight for immigration reform because we have seen firsthand the devastation caused by enforcement-only strategies – we’ve seen families torn apart, we’ve seen communities destroyed and we’ve seen workers rights’ shredded. We need a comprehensive overhaul of our broken immigration system at the federal level, not regressive, racially motivated laws enacted on a state-by-state basis.”

The Complaint will advance five major allegations:

First: Under the Supremacy Clause of the U.S. Constitution, federal law fully preempts state and local law in immigration matters because:

  • Immigration is an inherently federal concern;
  • The comprehensiveness of federal law fully occupies the field; and,
  • There is grave risk of conflict between federal and state law in this field.

Second: S.B. 1070 impermissibly encroaches upon the Right to Travel of the U.S. Constitution by subjecting racial and ethnic minorities traveling to Arizona to the risk of being stopped, interrogated, and detained as elements of its enforcement.

Third: S.B. 1070 violates the First Amendment of the U.S. Constitution in chilling freedom of speech and assembly because it prohibits individuals from soliciting work in a public place. The law requires law enforcement to engage in content discrimination in determining whether the speech related to obtaining work is proscribed by the law, and even if the applicable provision is content neutral, it is overbroad and vague.

Fourth: S.B. 1070 violates the Fourth Amendment of the U.S. Constitution, requiring law enforcement to conduct investigatory stops of individuals without reasonable suspicion of criminal activity, as well as providing for warrantless seizures in the absence of probable cause that crimes have been committed.

Fifth: S.B. 1070 violates the equal protection clause of the Fourteenth Amendment of the U.S. Constitution, impermissibly singling out non-citizens on the basis of alienage and national origin as a primary means of enforcement.

The complaint seeks declaratory and injunctive relief.

May 11, 2010

Summer Water Can Be Dangerous in Stores and Warehouses

With rising temperatures and increased consumer demand, grocery stores, supermarkets, pharmacies, and the warehouses that supply them are moving and selling ever-increasing volumes of bottled water. When palletized, these products can pose significant risks to workers in our industry as a recent deadly tragedy illustrates.

In mid-March, a Kroger employee working in the back room of a store in Franklin, Ind. was crushed by falling pallets of water. Five days after the accident, the employee died. The Indiana Occupational Safety and Health Administration (OSHA) investigated the accident and fined Kroger $17,000 for unsafe working conditions. This tragic incident and others like it are preventable – especially if UFCW members and locals take action for safety today.

When you are at work or a worksite, here are some things to look for:

  • Don’t transport double stacked pallets beyond the distance necessary to remove them from a truck. Double-stacked pallets are inherently unstable, and when they have liquids (like bottled water) as cargo, they often exceed the safe weight limits for forklifts.
  • Avoid double stacking pallets when storing them.
  • Carefully monitor the stability of pallets at all times.
  • Don’t attempt to straighten pallets that have begun to shift. Unload the pallet instead.
  • Maintain a clear safety area around pallets when they are being moved.
  • All forklift operators or other powered-equipment operators must be trained and certified. This is an OSHA requirement – check for proper recordkeeping.

Palletized bottled water is especially dangerous because of the high volume moved, the heavy weight involved, and increasingly thin plastic causing cases to be unstable. In addition, the limited amount of floor space in the back of grocery stores often leads to water or other heavy unstable products, being stacked higher than safety permits.

Kroger and UFCW Indiana locals have learned from the tragic accident in Franklin and are actively working to prevent future injuries or deaths. We urge you to do the same before something similar happens in your stores.

May 6, 2010

UFCW JOINS LEADING CIVIL RIGHTS AND LABOR ORGANIZATIONS TO PROTEST ARIZONA

WASHINGTON The United Food and Commercial Workers International Union (UFCW) today joined leading civil rights and labor organizations to announce an economic boycott of the state of Arizona. The boycott is in protest of Arizona’s new law, SB 1070, which essentially legalizes racial profiling.

TAKE ACTION: Add your name to the boycott.

Under the banner, “Boycott Intolerance,” the groups held a press conference this morning to denounce SB 1070 and pledged not to hold major conventions, conferences or other special events involving significant travel to Arizona from out-of-state.

The UFCW released the following statement about the boycott:

“Arizona’s legislation is unworkable, it is unconstitutional and it undermines our nation’s rich immigrant history and heritage. It is a recipe for racial profiling and a marked retreat from the values and ideals that make America strong.

“For our members, this issue is personal. UFCW members have seen first-hand how enforcement-only tactics fuel racial profiling—and lead to the trampling of our constitution.

“We saw it during the Bush Administration raids on our Swift plants—how Latino workers were treated, how they were profiled because of the color of their skin, how law enforcement separated workers based simply on who they believed were undocumented.

“We saw how these heavy handed tactics unfairly – and incorrectly – targeted U.S. citizens and legal permanent residents. That is why we are committed to fighting this legislation – and why we are abstaining from doing business in the state of Arizona until this issue is resolved.

“But let’s be clear, the UFCW is not turning its backs on the workers of Arizona that are going to be targeted by this unjust law—we will work hard to defend their constitutional rights. We will be providing legal assistance and resources to ensure that all workers can vigorously defend their rights.

“Our country – and our communities – cannot stand by while these draconian measures are allowed to spread across our country.

“In recent years, the debate over immigration has grown increasingly polarizing. The Arizona bill is the result of that divisive debate—and the product of political expediency at its worst.

“America needs an immigration system that works for the American worker. We need to refocus this debate on real, meaningful, comprehensive immigration reform that restores the rule of law, respects the constitutional rights of all workers and recognizes the incredible role that our nation’s diversity has played—and will continue to play—in making our communities strong and vibrant.”

 

April 29, 2010

Statement by the UFCW on the Senate Immigration Reform Framework

“The reform plan unveiled today by Senators Reid, Schumer, and Menendez is a positive development in our efforts to fix our nation’s badly broken immigration system.

“”It is an opportunity to move this critical issue forward and to focus it at the federal level where the immigration debate belongs.
“”While the outline presented today is far from perfect, the UFCW looks forward to working with Congress to pass a meaningful comprehensive immigration reform bill that works for the American worker.
“”We applaud Senators Reid, Schumer, and Menendez for their commitment to this important issue, and we call on both Democrats and Republicans to roll up their sleeves and to make real reform a reality.””
April 29, 2010

UFCW PRESIDENT CONDEMNS ARIZONA’S ANTI-IMMIGRANT LAW

United Food and Commercial Workers International Union (UFCW) President Joe Hansen released the following statement today denouncing Arizona’s controversial new immigration law:

“”Arizona’s new immigration law is unworkable, unconstitutional and it undermines our nation’s rich immigrant history and heritage. It is a recipe for racial profiling and a marked retreat from the values and ideals that have made America strong.

“”In recent years, the debate over immigration has grown increasingly inflammatory, polarizing, and, at times, it has run counter to our nation’s interests and our better instincts. This bill is the result of that divisive debate—and the product of political expediency at its worst.

“”The UFCW strongly denounces the legislation and urges the Department of Justice to aggressively challenge its constitutionality. We also urge Congress to lead on this critical issue at the federal level, where it belongs and where it can be addressed in a comprehensive, rational and productive manner.

“”All across the country, UFCW locals and our members are organizing and mobilizing their communities around the importance of comprehensive immigration reform and protecting workers’ constitutional rights.

“”America needs a 21st century immigration system that works for the American worker—a system where undocumented workers can come out of the shadows and get right with the law, a system where all workers can see their job and earnings prospects strengthened because bottom feeding employers are no longer given free reign to hire and abuse undocumented immigrants, and a system where all workers can speak up without fear of retaliation or discrimination.

“”Together, we can bring stability and security to our economy, to our borders and to our families.  Together, we can refocus this debate on real, meaningful, comprehensive immigration reform that restores the rule of law, respects the constitutional rights of all workers, and recognizes the incredible role that our nation’s diversity has played—and will continue to play—in making our communities strong and vibrant.””

April 12, 2010

FOOD AND COMMERCIAL WORKERS JOIN NATIONAL EFFORT TO BRING FRESH FOOD AND GOOD JOBS TO FOOD DESERT NEIGHBORHOODS

(NEW YORK, NY) – The United Food and Commercial Workers (UFCW) proudly announces its support for the Healthy Food Financing Initiative legislation introduced today by New York legislators Senator Kirstin Gillibrand (D-NY) and Congresswoman Nydia Velasquez (D-NY).

The legislation will provide $1 billion through loans and grants to help build approximately 2,100 new grocery stores in high need areas across the country, including an estimated 273 stores in New York City. The initiative would create an estimated 200,000 new jobs nationally.

The Healthy Food Financing Initiative is a critical part of rejuvenating and revitalizing underserved neighborhoods both in terms of food quality and quality jobs that can support a family.

New York-based UFCW Local 1500 is a leading partner in the New York FRESH Initiative which serves as a model for the national legislation and has successfully launched two major supermarkets into previously underserved areas in the Bronx.  Those supermarkets also added hundreds of new jobs and subsequent income to area residents.

Supermarkets act as anchors for economic development in a neighborhood.  In community after community, good supermarket jobs provide workers with good wages, career opportunities and most importantly, quality health care coverage that is key to a healthy lifestyle.   UFCW members in New York and across the U.S. take pride in serving their customers with good food.   This national legislation will provide needed funding to expand those opportunities into even more markets.

The UFCW applauds Senator Gillibrand and Congresswoman Velasquez for their vision in bringing worker organizations together with the economic development leaders and health policy advocates to ensure that new food outlets also provide good career jobs and training opportunities for new employees.

We believe that working together works.  With the Healthy Food Financing Initiative, we will:

  • Create new jobs from building new supermarkets in underserved neighborhoods;
  • Create new jobs from operating those stores; and
  • Create new jobs from related development which will grow up and around the new stores.

All the while, providing millions of residents with access to good, healthy, affordable food.