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Cheerios Picket Line Averted: After Strike Threat, General Mills Workers Win Tentative Agreement

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Image result for Katie Rose Quandt"On Friday, over 500 workers narrowly avoided a strike at General Mills’ production facility in Cedar Rapids, Iowa.

On Wednesday, 99% of voting employees rejected a contract proposal that General Mills had called its “last, best, and final offer.” After announcing the results of the vote, a worker-led negotiations committee spent Thursday meeting with the company in a last-ditch effort to hammer out a new contract.

The negotiations committee is recommending that workers vote in favor of the new agreement reached yesterday, which the union said addresses all the workers’ major concerns. That vote will occur on Thursday, November 14.

General Mills has owned the Cedar Rapids facility for 49 years. Union members work in production, sanitation and maintenance at the facility, which produces Lucky Charms cereal, Gushers, Fruit Roll Ups, Fruit by the Foot, Betty Crocker frosting, and several varieties of Cheerios, including classic, Honey Nut, Frosted and Multi-Grain.

The plant’s 520 non-salaried plant employees are represented by Local 110 of the Retail, Wholesale and Department Store Union (RWDSU).

“General Mills moved significantly away from the ‘last, best and final’ offer that would have taken away benefits we’ve had for over 30 years,” Tim Sarver, who has worked at General Mills for over 37 years, said in a press release. “I am confident we will all be going to work with the peace of mind of a strong union contract soon.”

Workers were prepared to strike if General Mills refused to budge on several critical sticking points. General Mills’ “final offer” contract proposal that was voted down last week included insufficient raises, unfair scheduling practices and third-party subcontracting that could allow the company to move jobs to non-union facilities outside of Cedar Rapids, according to the union. RWDSU Vice President Roger Grobstich said that contract did not guarantee “premium pay” for a potential 12-hour shift.

The contract also failed to guarantee maintained benefits for the extent of the contract, including pensions, 401k contributions and medical insurance. Under that offer, benefits could “basically change at any time during the term of the contract without really doing any negotiating with the union,” said Grobstich.

Grobstich said in a press release on Friday that General Mills moved on all key areas: wages, scheduling practices, outsourcing and maintenance of benefits.

Ahead of Thursday’s negotiations, Grobstich said the negotiating committee would do “everything they can do to avoid a strike,” but that a strike was “absolutely” on the table if General Mills refused to offer a fair contract.

“Not a single one of our union members at General Mills ever wanted to walk out of the facility and go on strike,” Grobstich said on Friday. “They were pushed to the edge by a company that has for far too long been slowly stripping away their long-held needed benefits. The fact that the company came back to the table immediately following a 99% no vote on a bad contract shows the strength of our members and the impact their work has on the company every day.”

Negotiations began in January, when plant employees voted to join RWDSU. Workers voted to authorize a strike on October 3. RWDSU also represents Cedar Rapids workers at a nearby Quaker Oats facility, who voted to accept their own contract deal on Thursday. The Quaker Oats contract promised a 10% salary increase over four years.

Presidential hopefuls Bernie Sanders, Joe Biden, Kamala Harris and Pete Buttigieg tweeted support for the General Mills workers earlier this week after the results of their vote were announced.

General Mills employees protested throughout Cedar Rapids early this week, including a Monday protest outside the house of a general manager of the plant.

“I think it helped show the community that we’re strong,” said Starver said of Monday’s protests. “We’re a strong workforce. And we’re going to stay together.”

This article was originally published at InTheseTimes on November 8, 2019. Reprinted with permission.

About the Author: Katie Rose Quandt is a Brooklyn-based reporter who writes about social justice, prisons and inequality. Katie Rose Quandt’s work has appeared in Slate, Mother Jones, BillMoyers.com and In These Times

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Tesla Workers Say Elon Musk is a Union Buster. The NLRB Just Gave Their Case a Boost.

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Tesla factory workers have been trying for months to win restitution for the company’s alleged union-busting and harassment. Now, a National Labor Relations Board (NLRB) complaint against the company appears to be making strides.

Last August, the NLRB filed a complaint against Tesla after finding merit in a number of accusations from employees at its Fremont, California factory. Some Tesla factory workers say the company engaged in various forms of union-busting, through harassment and surveillance. They also claim that Tesla required them to sign a confidentiality agreement which prohibited them from discussing the details of their working conditions.

On March 30, the NLRB amended the complaint to add new allegations from workers which the board found to have merit. In the new claims, Tesla workers say the company investigated them after they posted information on a pro-union Facebook page.

The case has now been scheduled to go before an NLRB administrative law judge in June. After hearing the case, the judge will issue a decision and recommended order. The fact that the complaints were deemed to have merit, and that workers will have their concerns heard, constitute significant developments in the case.

The amended NLRB complaint comes as Tesla, and its CEO Elon Musk, are being criticized for failing to live up to their production goals. After Tesla shares dropped last month, its engineering chief Doug Field sent an email to staff attacking people who doubted Musk’s vision. “I find that personally insulting, and you should too,” Field wrote in a March 23 email. “Let’s make them regret ever betting against us. You will prove a bunch of haters wrong.”

In an internal memo from March 21, the company also announced that a small number of “volunteers” would be brought in to help assist with Tesla’s Model 3 line. After Bloomberg reported this fact on March 29, Tesla informed the outlet that volunteer shifts would only take place on one day, while production of the company’s Model X and S cars was stopped. Employees who regularly work on those models could either volunteer to work on the Model 3, take paid time off, or take unpaid time off that day.  “The world is watching us very closely, to understand one thing: How many Model 3’s can Tesla build in a week?” Field wrote in his email to staff. “This is a critical moment in Tesla’s history, and there are a number of reasons it’s so important. You should pick the one that hits you in the gut and makes you want to win.”

The working conditions of Tesla employees, and their organizing efforts, were brought to the public’s attention last February when Jose Moran, a production worker at Tesla’s plant in Fremont, published a Medium post criticizing the company’s hourly wages and high number of preventable work injuries. “Tesla isn’t a startup anymore. It’s here to stay,” wrote Moran. “Workers are ready to help make the company more successful and a better place to work. Just as CEO Elon Musk is a respected champion for green energy and innovation, I hope he can also become a champion for his employees.” In his piece, Moran mentions that Tesla workers had reached out to the United Auto Workers (UAW) for assistance with their unionizing efforts.

Workers at the Tesla factory say they were reprimanded by management for printing copies of Moran’s post and attempting to pass them out, along with information about the UAW. Three workers cited this action in the charges that became part of the August complaint from the NLRB. Workers also claim they were harassed for wearing UAW shirts. The updated complaint claims that two workers were investigated and interrogated by Tesla after they posted company information in a private Facebook group called “Fremont Tesla Employees for UAW Representation.” Last October, one of the employees was fired and the other was given a disciplinary warning. Tesla said it fired the employee after he admitted to lying about the incident during their internal investigation.

That same month, Tesla fired 700 of its employees without notice or warning, about 2 percent of its entire workforce. The UAW promptly filed a federal complaint against the company, claiming that some of the employees were fired because they were part of the unionization efforts. On a quarterly earnings call last November, Elon Musk defended the firings and called criticisms of them “ridiculous.” He pointed to Tesla’s supposedly high standards for performance. “You have two boxers of equal ability, and one’s much smaller, the big guy’s going to crush the little guy, obviously,” said Musk. “So the little guy better have a heck of a lot more skill or he’s going to get clobbered. So that is why our standards are high. They’re not high because we believe in being mean to people. They’re high because if they’re not high, we will die.”

Last November, the UAW filed another complaint against Tesla. This one concerned its Gigafactory battery plant in Nevada. The filing, which was obtained by Jalopnik via an FOIA request, charges Tesla with intimidating, surveillance, and interrogating employees who participated in union organizing. The NLRB consolidated these charges into the ongoing complaint.

Earlier this month, Tesla released the following statement regarding the amended NLRB complaint: “These allegations from the UAW are nothing new. The only thing that’s changed since the UAW filed these charges is that many of the allegations have been outright dismissed or are not being pursued by the NLRB. There’s no merit to any of them.”

Legally, Tesla has to respond to the newest round of complaints by April 13. The case will go before an administrative judge on June 11.

This article was originally published at In These Times on April 12, 2018. Reprinted with permission. 

About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria


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The Blue-Collar Hellscape of the Startup Industry

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On November 13, Marcus Vaughn filed a class-action lawsuit against his former employer. Vaughn, who’d worked in the Fremont, California factory for electric automaker Tesla, alleged that the manufacturing plant had become a “hotbed for racist behavior.” Employees and supervisors, he asserted, had routinely lobbed racial epithets at him and his fellow Black colleagues. 

Vaughn said he complained in writing to the company’s human resources department and CEO Elon Musk, but Tesla neglected to investigate his claims. In true tech executive fashion, Musk deflected Vaughn’s misgivings, shifting the blame to the assailed worker. “In fairness, if someone is a jerk to you, but sincerely apologizes, it is important to be thick-skinned and accept that apology,” he wrote in a May email. In late October, according to Vaughn’s suit, he was fired for “not having a positive attitude.”

The news of rancorous working conditions for Tesla employees is merely the latest in a series. Vaughn’s case signals the broader social and physical perils of couching traditional factory models within the frenzied, breakneck tech-startup framework of high demand, long hours and antipathy toward regulation.

Tesla’s Fremont facility has bred a number of allegations of abuse, from discrimination to physical harm. Vaughn’s is at least the third discrimination suit filed this year by Black Tesla workers alleging racism. A former third-party contracted factory worker, Jorge Ferro, has taken legal action to combat alleged homophobic harassment. The cruelty wasn’t strictly verbal: Not long before, in an ostensibly unrelated but similarly alarming turn of events, reports surfaced that production-floor employees sustained such work-related maladies as loss of muscle strength, fainting and herniated discs.

In response to Ferro’s allegations, Tesla told In These Times that it “takes any and every form of discrimination or harassment extremely seriously.” But the company denied responsibility on the grounds that Ferro was contractor, not an employee.

Tesla’s factory conditions evoke those reported at another Silicon Valley darling: Blue Apron. In the fall of 2016, BuzzFeed detailed the consequences of the lax hiring practices and safety standards governing the food-delivery company’s Richmond, Calif. warehouse. Employees reported pain and numbness from the frigid indoor temperatures and injuries from warehouse equipment. Many filed police reports stating co-workers had punched, choked, bitten or groped them, amid threats of violence with knives, guns and bombs.

At the time of these complaints, both companies had fully ingratiated themselves to investors. Tesla’s reported worth is so astronomical even the most technocratic corporate media—and Musk himself—question it. Blue Apron, which went public this year, snagged a $2 billion valuation in 2015. (Blue Apron has since seen a marked decline, a development that maybe have been spurred by BuzzFeed’s report.) As a result, both companies have habitually placed escalating pressure upon their employees to generate product, their executives eyeing the potential profits.

Predictably, these companies’ legal compliance appears to have fallen to the wayside in the name of expediency. Tesla and Blue Apron factory employees have found themselves working 12hour shifts, in some cases more than five days a week. Tesla employee Jose Moran wrote of “excessive mandatory overtime” and “a constant push to work faster to meet production goals.”

In 2015, Blue Apron appeared to violate a litany of OSHA regulations, ranging from wiring to chemical storage. It also hired local temporary workers via third-party staffing agencies—likely to circumvent the costs of such benefits as health insurance. As BuzzFeed noted, these staffing agencies independently screened candidates in lieu of internal background checks. Compounding the problem, the company expected temps to operate machinery they were unqualified to handle. (Blue Apron has since euphemized its OSHA violations and claimed to have axed these staffing agencies. The company has not responded to requests for comment.)

Aggravating an already fraught atmosphere, the companies appear to have used punitive tactics to coerce laborers into greater productivity. While some Tesla workers are placed in lower-paying “light duty” programs after reporting their injuries, others are chided for them. One production employee, Alan Ochoa, relayed to the Guardian a quote from his manager in response to his pain complaint: “We all hurt. You can’t man up?”

Equally culpable is e-commerce goliath Amazon. Bloomberg reported that the company mounts flat-screen televisions in its fulfillment centers to display anti-theft propaganda relating the stories of warehouse workers terminated for stealing on the job. (This offers a blue-collar complement to the 2016 New York Times exposĂ© on its draconian treatment of office employees.) According to a former employee, managers upbraid workers who fail to pack 120 items per hour, heightening their quotas and, in some cases, requiring them to work an extra day. Those who don’t accept overtime shifts, meanwhile, lose vacation time.

Amazon told In These Times, “We support people who are not performing to the levels expected with dedicated coaching to help them improve.”

It’s no wonder, then, that Blue Apron and Amazon warehouses generate high turnover. In fact, this is likely by design. By creating working conditions that not only extract vast amounts of labor at low costs, but also drive workers away, tech companies can skirt the obligation to reward employees with raises and promotions. A companion to the profit-mongering schemes of Uber, Lyft and now Amazon (through its Amazon Flex delivery vertical) to classify workers as contractors, this form of labor arbitrage ensures that owners of capital avoid the risk of losing wealth to hourly workers—a class they deem thoroughly disposable.

Tesla has caused similar workforce tumult, firing employees for the foggy offense of underperformance. Of the hundreds of terminated employees from both its Palo Alto, Calif. headquarters and its Fremont facility, many were union sympathizers who’d been in talks with the United Auto Workers. The move has thus aroused suspicions that the company sought to purge dissidents—a reflection of the anti-union posture that has characterized Silicon Valley for decades.

If the near-ubiquity of factory and warehouse worker exploitation in the news cycle is any indication, tech capitalists—through their regulatory negligence and toothless “solutions”—have fostered a culture of barbarism. Low-wage laborers have little to no recourse: They’re either left to endure imminent social and physical harm, or, should they seek protections against the anguish they’ve borne, are stripped of their livelihood.

The blue-collar hellscape Tesla, Blue Apron and Amazon have wrought is what laissez-faire, startup-styled late capitalism looks like. At a time of such disregard for the fundamental health, safety and humanity of low-tier workers, the tech-executive class has proven nothing is sacred—except, of course, the urge to scale.

This article was originally published at In These Times on November 29, 2017. Reprinted with permission.

 About the Author: Julianne Tveten writes about the intersection of the technology industry and socioeconomic issues. Her work has appeared in Current Affairs, The Outline, Motherboard, and Hazlitt, among others.


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