CPD IN THE NEWS

New York Times - February 21, 2015, by Steven Greenhouse - On the nights when she has just seven hours between shifts at a Taco Bell in Tampa, Fla., Shetara Brown drops off her three young children with her mother. After work, she catches a bus to her apartment, takes a shower to wash off the grease and sleeps three and a half hours before getting back on the bus to return to her job.

At Hudson County Community College in Jersey City, Ramsey Montanez struggles to stay alert on the mornings that he returns to his security guard station at 7 a.m., after wrapping up a 16-hour double shift at 11 p.m. the night before.

And on many Friday nights, Jeremy Little waits tables at a Perkins Restaurant & Bakery near Minneapolis and doesn’t climb into bed until 3 a.m. He returns by 10 a.m. for the breakfast rush, and sometimes feels so weary that he forgets to take rolls to some tables or to tell the chef whether customers wanted their steak medium rare.

“It makes me feel really tired,” Mr. Little said. “My body just aches.”

Employees are literally losing sleep as restaurants, retailers and many other businesses shrink the intervals between shifts and rely on smaller, leaner staffs to shave costs. These scheduling practices can take a toll on employees who have to squeeze commuting, family duties and sleep into fewer hours between shifts. The growing practice of the same workers closing the doors at night and returning to open them in the morning even has its own name: “clopening.”

“It’s very difficult for people to work these schedules, especially if they have other responsibilities,” said Susan J. Lambert, an expert on work-life issues and a professor of organizational theory at the University of Chicago. “This particular form of scheduling — not enough rest time between shifts — is particularly harmful.”

The United States decades ago moved away from the standard 9-to-5 job as the manufacturing economy gave way to one dominated by the service sector. And as businesses strive to serve consumers better by staying open late or round the clock, they are demanding more flexibility from employees in scheduling their hours, often assigning them to ever-changing shifts.

Workers and labor advocates are increasingly protesting these scheduling practices, which often include giving workers as little as two days’ advance notice for their weekly work schedule. These concerns have gained traction and translated into legislative proposals in several states, with proponents enviously pointing to the standard adopted for workers in the 28-nation European Union. It establishes “a minimum daily rest period of 11 consecutive hours per 24-hour period.”

Britain, Germany and several other countries interpret that to require that workers be given at least 11 hours between shifts, although waivers are permitted. “If a retail shop closes at midnight, the night-shift employees are not allowed to start before 11 o’clock the next morning,” said Gerhard Bosch, a sociology professor and expert on labor practices at the University of Duisburg-Essen in Germany.

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In the United States, no such national or state labor law or regulation governs the intervals between shifts, except for some particular jobs like airline pilots, although some unions have negotiated a minimum time for workers to be off, sometimes eight, 10 or 12 hours.

But at the state level this year, bills have been introduced in Maryland and Massachusetts and will be introduced in Minnesota on Monday, each of them calling on employers to give workers at least 11 hours between shifts and three weeks’ advance notice for schedules. Those proposals would require businesses to pay some time and a half whenever employees are called in before 11 hours have passed between shifts.

Paul Thissen, the Democratic leader of the Minnesota House of Representatives, supports the legislation. “When it comes to scheduling, the playing field is tilted very dramatically in favor of the employer,” Mr. Thissen said. “What we’re proposing is just trying to rebalance the playing field.”

Anthony Newby, executive director at Neighborhoods Organizing for Change, a Minneapolis-based group that advocates for worker rights, among other issues, said that clopenings have become a big issue in his region. “Clopenings are hurting many of our members; many are in the restaurant field and some in construction and nursing,” he said. “We worry it has an effect on safety — workers feel they’re on autopilot. It also has a big impact on families, on mothers trying to manage a family and arrange child care.”

Ms. Brown, who works as a cashier at Taco Bell, said her children — ages 5, 4 and 2 — don’t like it when she has just seven hours between shifts. That usually means they hardly see her for two nights in a row; they sleep at their grandmother’s both nights. On the second night, after just three and a half hours’ sleep the previous day, Ms. Brown says she stops by her mother’s for an hour or two to see her children, and then heads home to sleep.

“My kids say, ‘Mommy, I miss you,’ ” she said. “I get so tired it’s hard to function. I feel so exhausted. I don’t want my kids suffering not seeing me. I try to push to go see them.”

Although Ms. Brown dislikes clopenings, she doesn’t turn them down because she needs as many hours as she can get. She makes $8.10 an hour and works about 25 hours a week.

Brandon Wagner, who works for a Zara apparel store in Manhattan, often works from 1 p.m. until 10:30 p.m. or 11 p.m., getting back to his apartment in Brooklyn around midnight. He often must be back at work at 8 the next morning, and as a result he sleeps just five hours.

“When you question this, they give a shrug of the shoulder,” Mr. Wagner said. “They say, ‘Everybody does this. You have to put up with it or go somewhere else.’ ”

Last summer, Starbucks announced that it would curb clopenings on the same day that The New York Times published an article profiling a barista, Jannette Navarro, mother of a 4-year-old, who worked a scheduled shift that ended at 11 p.m. and began a new shift at 4 a.m.

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At the time, Cliff Burrows, Starbucks’s group president for the United States, said: “Partners should never be required to work an opening and a closing shift back-to-back. District managers must help store managers problem-solve issues specific to individual stores to make this happen.” (“Partners” is the term Starbucks uses for its employees.)

Neil Trautwein, a vice president with the National Retail Federation, acknowledged that some instances of scheduling were egregious, but he pointed to Starbucks’s voluntary response to argue that states should not enact any laws to address the issue.

“Advocates have it wrong to think you can legislate and just outlaw the process,” Mr. Trautwein said. “The market adjusts to the needs of workers.” He added that what Starbucks did “demonstrates that businesses listen to their employees and adjust.” (In response to complaints about schedules changing week to week, Walmart said on Thursday that it would give workers more predictable schedules.)

But several people who identified themselves as Starbucks employees complained on a Facebook private group page that they still were scheduled for clopenings, despite the company’s pronouncement. One worker in Texas wrote on Jan. 30, “I work every other Sunday as a closer, which is at 10:30 or really 11-ish, then scheduled at 6 a.m. the next morning.” Another worker in Southern California wrote, “As a matter of fact I clopen this weekend.”

Laurel Harper, a Starbucks spokeswoman, questioned the authenticity of the Facebook posts. She said company officials had held conversations nationwide “to make sure we are giving our partners the hours they want” and to prevent clopenings.

Some managers say there are workers who don’t mind clopenings — like students who have classes Monday through Friday and want to cram in a lot of weekend work hours to maximize their pay.

Tightly scheduled shifts seem to have become more common for a number of reasons. Many fast-food restaurants and other service businesses have high employee turnover, and as a result they are often left with only a few trusted workers who have the authority and experience to close at night and open in the morning. Professor Lambert said no studies had been done on the prevalence of clopenings nationwide.

Carrie Gleason, director of the fair workweek initiative at the Center for Popular Democracy, a liberal advocacy group, said one reason for the increasing prevalence of clopenings was that many companies had shifted scheduling responsibilities away from managers and to sophisticated software that she said was not programmed to prevent such short windows between shifts.

But David Ossip, chief executive of Ceridian, a human resources and payroll company, said that when his company provided scheduling software to companies, it generally recommended programming a mandated rest period. The software would then warn managers when an added shift violated that rest period.

“You would make sure you have a minimum rest period between shifts,” he said. “We would set up fairness results that call for regular working hours — not one day work at night, the next day work in the morning.” He added, “You have to be home for eight, 10 or 12 hours.”

Andy Iversen, a stocker at Linden Hills Co-op in Minneapolis, said the grocery store’s managers used to schedule him two or three times a week to work until 9 p.m., and then be back at 5 a.m.

“I was beyond exhausted,” he said, noting that he was getting to bed at midnight and waking around 3:45 a.m. At the time, he was pursuing a master’s degree and taking a course in neuroscience. “I couldn’t concentrate because I was so tired,” he said. “I had to drop out of class.”

Mr. Iversen praised his store’s managers for no longer giving him clopenings. Marshall Wright, the store’s produce manager, said, “We think it’s the right thing to do. We don’t feel people should work shifts like that.”

Mr. Iversen couldn’t agree more: “It doesn’t take that much empathy or reasoning to see that clopenings stink, and people don’t want to do it.”

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Two Chicago protesters who have been fasting for 17 days over the future of a local high school traveled to Washington D.C. this week to take their fight to the national stage.

The protesters, joined by civil rights leaders and the presidents of the nation's two largest teachers unions, held a press conference on Wednesday and delivered a letter to Secretary of Education Arne Duncan, asking him to take action so city officials will make a decision about Chicago's Dyett High School, which closed in June due to low enrollment rates and test scores.

Twelve protesters have been participating in a hunger strike since Aug. 17 in an attempt to convince the Chicago Board of Education to reopen the school as an open-enrollment public school with a focus on science, which they say will best serve the needs of the community. The board is weighing various plans to reopen the school, but protesters say this process has been slow and inconsistent, and worry that the board will ultimately allow the school to remain closed. 

Since the start of the hunger strike, four protesters have had to receive medical attention, according to the Chicago Sun-Times. Last week, a group of medical professionals asked Chicago Mayor Rahm Emanuel to intervene, calling the situation "a health emergency."

Only two of the protesters made the trip to Washington. The letter they delivered to Duncan on Wednesday asks him to "act swiftly to avert the further harm." An excerpt from the letter states:

"One of the challenges facing African American parents and students in Chicago is the lack of response and accountability from elected and appointed officials. Affluent neighborhoods receive selective enrollment and well-resourced schools. However, communities comprised of predominantly low-income and working families have to contend with under-resourced schools and privatization models that undermine the integrity of the community. We compel you to act on behalf of the residents of Bronzeville who have been rendered voiceless in this process." 

At Wednesday's press conference, protesters Jitu Brown and April Stogner were joined by American Federation of Teachers President Randi Weingarten, National Education Association President Lily Eskelsen García, Advancement Project Co-Director Judith Browne Dianis, Schott Foundation President John Jackson, Coalition for Community Schools Director Martin Blank, and members of the Alliance for Educational Justice and the Center for Popular Democracy. 

"Sometimes you have to put your own health on the line to get the attention of the world," said García.

The protesters want the Board of Education to choose their proposal for the school's future, which would reopen the school as the Dyett Global Leadership and Green Technology High School.

"We’re going to do whatever is necessary to keep this school and have an open enrollment school in our community,” said Stogner, a protester who has three grandchildren. “I’m hungry. But I’m not really hungry for food -- I’m hungry for justice. I’m hungry for justice for my grandbabies, for all the kids in my community."

“We live in a city where we are not valued as black and brown people,” she added.

Earlier this week, protesters met with Emanuel and officials from Chicago Public Schools to discuss the strike, but the meeting did not lead to any resolution.

"The mayor appreciates there are strong feelings about Dyett, and he understands there is a desire for a quick resolution about its future, however what's most important is the right decision," said a statement from the mayor's office. "CPS is engaged in a thorough review of Dyett, and while they are closer to a decision, they continue to weigh all the factors at play in an effort to achieve the best outcome possible -- one that will ensure a strong Bronzeville and a strong future for our children." 

 A spokesperson for Duncan said Department of Education leaders plan to meet with the protesters to hear their concerns.

“We respect the efforts of this group and worked to accommodate their plans to hold a press conference outside our building," said Department of Education press secretary Dorie Nolt in a statement. "Senior leaders at the Department will meet with representatives of the group today to hear more about their concerns. While this is squarely a local issue, we always welcome the opportunity to engage with concerned students, parents, educators and community members.” 

Source: Huffington Post

New York Times - October 13, 2014, by Minica Davey and Alan Blinder - After demonstrations that varied from choreographed marches to tense late-night encounters with law enforcement agents, protesters said they expected a series of acts of civil disobedience around the region on Monday, the last of four days of organized protest that has drawn throngs of people to the St. Louis area over questions about police conduct.

Leaders for the protests provided few details of their plans, except to say they would be employing a strategy used by demonstrators in North Carolina, who last year began staging weekly protests known as “Moral Mondays” in response to actions by the state government, which was newly controlled by Republicans. Those protests in Raleigh, the state capital, resulted in hundreds of arrests and served as a template for similar, smaller demonstrations across the South. The website for what organizers here have called a “Weekend of Resistance” said simply, “We’ll be hosting a series of actions throughout the Ferguson and St. Louis area.”

It is an area on edge after more than two months of demonstrations that began in Ferguson, the St. Louis suburb where an unarmed black teenager was fatally shot by a white police officer in August. In recent days, the displays of anger have spread to the city of St. Louis, where protesters have appeared at the symphony hall, outside playoff games for the St. Louis Cardinals and near the neighborhood where another black teenager was killed last week by a white off-duty police officer.

Early Sunday morning, tensions mounted between the police, dressed in riot gear, and a group of demonstrators who held a sit-in at the entrance of a St. Louis convenience store and refused to move. Seventeen people were arrested on accusations of unlawful assembly, pepper spray was used by some officers, and D. Samuel Dotson III, the city’s police chief, said he had seen a rock thrown at an officer and heard of other rocks being hurled.

Although some protesters spoke of plans for nonviolent demonstrations on Monday, organizers warned that frustrations had intensified because of the police response on Sunday morning. “Instead of de-escalating rising tensions in the city, Chief Dotson’s comments are inciting anger and making matters worse,” the organizers of many of the protests said in a statement early Sunday. The demonstrators, they said, “showed the best of our democracy, and the St. Louis police demonstrated the worst of their out-of-control law enforcement agency. The police brutalized peaceful people protesting their brutality.”

One question seemed to eclipse all other concerns here, among the protesters and the police alike: What will happen when a grand jury considering charges against Darren Wilson, the Ferguson police officer who shot Michael Brown, 18, on Aug. 9, returns its decision, perhaps next month?

“It may clearly be a flash point,” the Rev. Osagyefo Sekou said of the possibility that Officer Wilson would not be prosecuted. “People are going to be angry. There are definitely going to be protests.” In an interview before he spoke at a rally Sunday night, he added, “But this is part of a long struggle. It is part of a long struggle against police brutality.”

Chief Dotson, who walked amid the crowd during some of the weekend demonstrations and defended the police handling of the standoff early Sunday, was unwilling to make predictions. “I don’t have a crystal ball,” he said in an interview on Sunday afternoon. “We hope that the community recognizes that the process works.”

Preparing for Monday’s events, several dozen demonstrators sat in a church sanctuary on Sunday morning for what amounted to a tutorial on tactics of civil disobedience. Lisa Fithian, an experienced activist from Austin, Tex., pressed audience members to call out the reasons they were there. She heard responses like “anger” and “solidarity” from a crowd that included people from the American Federation of Teachers and St. Louis’s Coalition of Artists for Peace.

In a parking lot outside the church, Ms. Fithian spoke about breathing deeply to stay calm, especially as the authorities close in on a demonstration. She talked of remaining aware of where the police officers were posted along nearby streets. She explained possible responses by the authorities to an array of actions by a protester being taken into custody. She demonstrated the mechanics of going limp.

“It’s really essential to practice it,” she said. The crowd eventually returned to the sanctuary, where journalists were asked to leave. The organizers said they would be planning specifics of the protests.

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Sen. Elizabeth Warren (D-Mass.) had called for the co-chairs and Williams to appear before the Senate Banking Committee if Williams ended up as the choice. Fed Up co-director Shawn Sebastian said the coalition supports that call. “Today, the Fed concluded another opaque and controversial Reserve Bank presidential selection process by ignoring the demands of the public and choosing another white man whose record on Wall St regulation and full employment raises serious questions,” he said in a tweet.

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