Some Retailers Promote Decision to Remain Closed on Thanksgiving
New York Times - November 14, 2014, Steven Greenhouse - This...
New York Times - November 14, 2014, Steven Greenhouse - This Thanksgiving, the open-versus-shut debate has grown even louder.
Walmart, Kmart, Macy’s, Target, RadioShack and many other major retailers are proclaiming that they will be open on Thanksgiving Day to make shoppers happy. But Costco, Marshalls, GameStop and T. J. Maxx are riding the backlash against holiday commerce by boasting that they will not relent: They will remain closed that day to show that they are family-friendly and honoring the holiday.
But even as retailers vie for every dollar during a very competitive season, Tony Bartel, the president of GameStop, views this debate as open-and-shut. “For us, it’s a matter of principle,” said Mr. Bartel, whose company has 4,600 stores nationwide. “We have a phrase around here that we use a lot — it’s called ‘protecting the family.’ We want our associates to enjoy their complete holidays.”
“It’s an important holiday in the U.S., and our employees work hard during the holiday season, and we believe they deserve the opportunity to spend Thanksgiving Day with their family and friends,” said Richard A. Galanti, executive vice president and chief financial officer at Costco Wholesale, the nation’s second-largest retailer after Walmart. “We’ve never opened on Thanksgiving, and when the trend to do so occurred in the last couple or three years, we chose not to because we thought it was the right thing to do for our employees.”
More than two dozen major retail chains plan to stay dark on Thanksgiving, including Barnes & Noble, Bed Bath & Beyond, the Burlington Coat Factory, Crate and Barrel, Dillard’s, Nordstrom, Neiman Marcus and Patagonia.
Johan Araujo, a senior game adviser at GameStop’s flagship store in Herald Square in Manhattan, applauded his company’s decision. “It’s good to know they’re thinking about us and what we want,” he said. His plans involve cooking the turkey for his fiancée and friends this year.
Sidney Bartlett, the manager of Mr. Araujo’s store, said that when the store used to be open on Thanksgiving — it started closing for the holiday last year — it was painful to figure out which employees to inconvenience and schedule to work that day. “I thought it’s great the C.E.O. decided to close for the holiday,” he said.
He said it saddened him to see so many stores open that day. “We’ve shifted as a nation — it’s not so much about the family, it’s all about business,” said Mr. Bartlett, who is studying for an M.B.A. at Columbia.
“We don’t believe we will lose any ground to competitors,” said Mr. Bartel, the company’s president. “Even if we lose some ground to competitors, we are making it corporate principle — we have committed to associates that we will not open on Thanksgiving.”
Pushed by competitive forces, some malls are opening on Thanksgiving Day for the first time. In Paramus, N.J., Westfield Garden State Plaza and Paramus Park will open from 6 p.m. to 11 p.m., prodded by Macy’s decision to open its stores in those malls.
Walden Galleria, a mall with over 200 stores near Buffalo, threatened to fine retailers about $200 an hour if they don’t open at 6 p.m. on Thanksgiving Day.
Carrie Gleason, director of the Fair Workweek Initiative, a campaign pushing retailers to adopt schedules that are more friendly to workers, said, “What’s different from years past is there are more and more retailers coming out publicly and saying, ‘We’re staying closed on Thanksgiving.’ ” They want to demonstrate to their customer base that they’re family-friendly.”
More than 55,000 people have signed a petition on change.org urging Target to remain closed on Thanksgiving, while the Boycott Black Thursday Facebook page has more than 87,000 likes.
Walmart officials say they are doing consumers a favor by opening on Thanksgiving. To reduce the long lines that have upset many shoppers on Black Friday, Walmart announced on Tuesday that it would spread Black Friday over five days.
“It became Black Friday, then it became Thursday, and now it’s becoming weeklong,” said Duncan Mac Naughton, chief merchandising officer at Walmart. “Maybe it’s going to be November.”
Deisha Barnett, a Walmart spokeswoman, said many shoppers were happy that the company would be open on Thanksgiving. “We’re in the service industry, and we’re just like airports and grocery stores and gas stations that are open on Thanksgiving so they can provide what customers need,” she said. “We’ve been open on Thanksgiving for 20-something years.”
Walmart will again face a wave of protests this holiday season. Our Walmart, a union-backed group of Walmart workers pushing for higher pay, said on Friday that it would hold protests at 1,600 Walmarts on Black Friday.
After keeping almost all its stores closed last Thanksgiving, the financially troubled RadioShack said that it planned to open its stores from 8 a.m. to midnight this Thanksgiving. But after some employees voiced dismay, the company changed course to give them time for their feast. Its stores will open from 8 a.m. to noon, close for five hours and reopen from 5 p.m. until midnight, and again at 6 a.m. on Friday.
The University of Connecticut Poll conducted a survey last November that found that nine out of 10 Americans said they didn’t plan to spend Thanksgiving hunting for bargains, while 7 percent said they planned to visit stores on Thanksgiving Day.
The poll of 1,189 adults, with a margin of sampling error of plus or minus 3 percent, found that 49 percent disapproved of stores opening on Thanksgiving Day, with 16 percent approving and 34 percent neutral.
Last Thanksgiving, J. C. Penney, Kohl’s, Macy’s, Sears and Target all opened at 8 p.m. This year, Kmart plans to open at 6 a.m. and remain open for the next 42 hours.
“All these companies were closed for decades,” said Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union. “What’s changed is that some have chosen to remain open, and those companies should be getting demerits. People should ask, ‘Is this the sort of society we want to live in that people aren’t even given the option of celebrating holidays?’ ”
He said that if stores decided to open on Thanksgiving, working that day should be voluntary, not mandatory. He said many part-time workers were eager to work on Thanksgiving.
Mr. Appelbaum praised the Macy’s store in Herald Square for using only workers who volunteer to work that day
Macy’s plans to open at 6 p.m. this Thanksgiving, two hours earlier than last Thanksgiving — and Sears is doing the same thing. “Customer response to the 8 p.m. opening last year was exceptionally strong,” said Jim Sluzewski, Macy’s senior vice president for communications. “At Macy’s Herald Square store, we had 15,000 customers waiting outside when the doors opened. The experience was similar across the country. Many customers asked why we couldn’t open a little earlier.”
In contrast, he said Bloomingdale’s, a Macy’s subsidiary, would remain closed on Thanksgiving Day, saying it was “less promotional” than Macy’s.
Roger Beahm, executive director of the Center for Retail Innovation at Wake Forest University, said it was smart competitively for retailers to open on Thanksgiving. “Did the folks who questioned the sanctity of Thanksgiving learn a lesson?” he said. “A good start to the holiday retail season can really make your year, and a late start can really cripple retailers.”
Dan Evans, a spokesman for Nordstrom, said his company kept its stores closed on Thanksgiving, with a few employees completing holiday decorations that day, before they are unveiled on Black Friday.
“If our customers really wanted us to open on Thanksgiving, that’s what we’ll do,” Mr. Evans said. “We used to be closed on the Fourth of July. We used to be closed on New Year’s Day, but customers wanted us to be open on those days, so now we’re open on those days. Our customers guide us. We don’t guide them.”
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These Southern Cities Are at the Heart of the Struggle Against White Supremacy
These Southern Cities Are at the Heart of the Struggle Against White Supremacy
The Black Lives Matter activists and anarchists, the socialists and anti-fascists, the religious leaders and local...
The Black Lives Matter activists and anarchists, the socialists and anti-fascists, the religious leaders and local residents who risked their bodies and their well-being in Charlottesville this month should be celebrated for their courage and praised for their good sense and smart tactics. Violent fascists, neo-Confederates, Ku Klux Klanners, and other racist extremists don’t care about justice or civility or our common humanity. Their express aim is to annihilate anyone who isn’t white, straight, and Christian. And they have made it clear that they are willing to use raw and murderous force to get their way.
Read the full article here.
Lawsuit: Arizona Minimum-Wage Initiative Stiffed Petition Firm for $65,000
Lawsuit: Arizona Minimum-Wage Initiative Stiffed Petition Firm for $65,000
An Arizona employer is stiffing a small-business owner on a completed job, affecting dozens of low-income employees....
An Arizona employer is stiffing a small-business owner on a completed job, affecting dozens of low-income employees.
Sounds like the kind of greedhead Arizonans for Fair Wages and Healthy Families is targeting with its campaign to raise the minimum wage, right?
Wrong — the employer is Arizonans for Fair Wages and Healthy Families. The campaign refuses to pay the last $65,000 of a $965,000 bill to Sign Here Petitions, the company that hired the people who gathered the signatures that put the measure on this November's general-election ballot.
Sign Here owner Bonita Burks sued the campaign on September 21 to recover the balance due. In the meantime, Burks says, she has been unable to distribute final paychecks to the 45 to 50 petition gatherers she hired to get Prop 206 onto the ballot.
It's not as if the minimum-wage campaign can't afford to pay Burks, a Maricopa resident who has owned her own business for 12 years. Though the campaign ran short of money over the summer, its spokesman, Bill Scheel, confirms that Arizonans for Fair Wages expects to receive an influx of $1.5 million in donations any day now.
Scheel says the campaign intentionally shorted Burks' company because it didn't do its job well enough, resulting in tens of thousands in unexpected expenses.
If Arizona voters approve the minimum-wage measure in November, the state's minimum wage would go up to $10 an hour next year and rise to $12 in 2020. Waitresses and others who expect tips would see their wages increase from $5.05 to $7 by 2017, and to $9 by 2020. The ballot initiative also mandates that workers can take between three and five days of earned sick leave annually.
Much of the money for the campaign has come from out-of-state donors as part of a national effort by activists and labor unions. Living United for Change in Arizona (LUCHA), the largest donor, is itself being funded by the Washington, D.C.-based Center for Popular Democracy. The Commercial Workers union Region 8 States Council and California-based Fairness Project are also major contributors.
As New Times reported in August, a member of the political-strategy firm hired by the campaign, Javelina, loaned the campaign $100,000 after it ran short of cash while defending itself from a legal challenge that could have kicked the measure off the ballot.
Scheel, a cofounder of Javelina and spokesman for the campaign, said in August that he gave the campaign the loan on August 4 to cover unexpected expenses from a legal challenge by the Arizona Restaurant Association.
The restaurant owners behind the ARA, an influential organization led by Steve Chucri, one of five Maricopa County supervisors, doesn't want to see minimum wage go up and sued the campaign in an attempt to deny voters the right to decide the question. The ARA's lawyers argued that many of the campaign's signature gatherers were felons or had filled out their forms incorrectly, meaning tens of thousands of signatures should have been tossed. The workers are typically paid $3 to $5 for each signature they collect.
The ARA identified up to 85,000 signatures they claimed were no good, and expected to find even more invalid ones. At least 150,642 valid signatures were needed out of the 271,883 turned in by the campaign.
Yet before a deeper probe of the campaign's signature-gathering process occurred, Maricopa County Superior Court Judge Joshua Rogers dismissed the ARA's complaint because it hadn't been filed on time. The Arizona Supreme Court upheld the ruling on appeal.
The campaign had apparently run out money before the lawsuit was filed, though. On July 19, about two weeks after the July 7 deadline to turn in signatures to the state, Sign Here and the campaign — represented by Scheel — drew up a one-page amendment to their original contract. In the amendment, Burks made clear that the campaign owed $186,884.60 and would assess a late fee of $1,000 per day starting on July 18.
The campaign "understands and agrees that the final invoice amount is requires for [Burks] to pay individuals already-earned monies," the contract states, adding that if Burks is sued by the signature gatherers, the campaign will cover the costs.
Scheel signed the amended contract.
About a month later, Burks says, Scheel promised falsely that the money was on the way.
Burks provided New Times with a screenshot that shows a text exchange with Scheel on Friday, August 19:
"Bill, Please send me a text once the wire has been. Thank you," Burks texted.
"The wire has been initiated," Scheel texted back.
But the following Monday, the money had not materialized in Sign Here's account.
"Sorry," Scheel informed Burks in another text. "We have been on conference calls with the national funders all morning. We've been instructed to hold off any further wires till after the Supreme Court rules on the appeal, which we hope will be Friday."
The state Supreme Court upheld Rogers' ruling on August 30, clearing its final hurdle to make the ballot.
Scheel says Sign Here invoiced the campaign a total of $965,000, of which the campaign paid $900,000.
"We paid 93 percent of everything that was due," he says.
The campaign contracted with Sign Here for more than just making the ballot, he argues: "It was about making sure circulators were qualified. She promised 80 percent validity — it came in at barely 50 percent. That's not acceptable."
The lawsuit cost the campaign $70,000 in legal fees, and Burks' company "nearly put the campaign in jeopardy," he says.
Scheel admits that he doesn't know whether Judge Rogers would have thrown out enough signatures to void the measure, had the ARA's challenge been filed on time.
"No one ever did the math on our side," he says.
But that isn't the issue, Scheel maintains. Burks didn't properly vet the signature gatherers, which cost the campaign $70,000 by leaving a potential vulnerability for the ARA to exploit.
The campaign recouped $33,500 of the legal fees via a settlement with the ARA, Scheel says. Arizonans for Fair Wages could have asked for up to $55,000 in legal fees, but decide to settle rather than prolong the fight, he says.
Scheel also confirms, as he told New Times in August, that the campaign is about to receive $1.5 million in donations from its national backers to pay for marketing and promotion of the measure in the final weeks before the election. Some of that money has already trickled in, he says, and the campaign has used it to pay 15 of the signature gatherers who haven't received checks from Sign Here.
Burks did such a poor job, Scheel says, that according to the campaign's calculations, she owes the campaign $35,000.
Gathering signatures for a ballot initiative can be a good way to make extra money, typically paying between $3 and $5 per signature.
Gathering signatures for a ballot initiative can be a good way to make extra money, typically paying between $3 and $5 per signature.
"She's a small-businessperson who unfortunately and sadly dropped the ball," he says.
Burks says she's upset and frustrated by the situation. Signature gatherers keep contacting her, asking when they'll get their last checks.
"They're hurting bad," she says. "My phone's blowing up every day."
By her account, adding in the $1,000-a-day late fee, Arizonans for Fair Wages now owes her company $143,000.
"I'm standing firm: You owe the money, you need to pay it," she says.
Burks says she doesn't have the money to pay the petition gatherers the remainder of what they're owed and says she made "no profit" on the project. Campaign officials took advantage of Sign Here to make a strong final push to collect more signatures before the July 7 deadline, even though they were broke at the time, she adds.
"They told me in the last week: Get as many as you can because our volunteer efforts suck," she says. The workers came up with an additional 35,000 signatures.
"My team and I, we worked so hard in the 120-degree heat," she says. "I was paying bonuses. I haven't made one damned dime on it. I really wanted to see it happen, for the people."
At least one signature gatherer is suing Burks in Maricopa County Justice Court.
Donna Fox worked for Sign Here before returning home to Kingsport, Tennessee. She has been staying in Scottsdale for the past couple of weeks, making the nearly 2,000-mile trip to resolve the issue.
Fox says her work for Sign Here was impeccable, and that Burks' company owes her $1,320 for her last week's work. She is suing for three times that amount, as allowed under state law.
She could probably make a deal to get her money from Arizonans for Fair Wages, Fox says. "But I don't trust them."
Even if she wins her suit, Fox says she's not sure whether she'll ever see her money. But she's hoping Burks wins her suit against the campaign, which Fox believes treated Sign Here badly.
"This is like Donald Trump strategy," Fox says of Arizonans for Fair Wages. "You can do the work, but we're not paying you. They don't walk the walk they're talking. This is nothing more than business for them."
As for Burks, with whom Fox says she shares a friendly, albeit contentious, relationship: "I chew her out all the time. I tell her she's a complete shithead because she led people to believe the check was in the mail."
The campaign offered to settle the suit for $32,500, Burks says, but she turned them down because it wouldn't cover the money she owes to the petition gatherers.
"My circulators really need their money to pay rent and put food on the table," Burks says. "I believe Arizona Fair Wages just don't care about the people who worked so hard to get their issue on the ballot."
By BY RAY STERN
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How Walmart Persuades Its Workers Not to Unionize
One former Walmart store manager tells the story that after discovering a pro-union flyer in his store’s men’s room,...
One former Walmart store manager tells the story that after discovering a pro-union flyer in his store’s men’s room, he informed company headquarters and within 24 hours, an anti-union SWAT team flew to his store in a corporate jet. And when the meat department of a Walmart store in Texas became the retailer’s only operation in the United States to unionize, back in 2000, Walmart announced plans two weeks later to use prepackaged meat and eliminate butchers at that store and 179 others.
With 1.3 million U.S. employees—more than the population of Vermont and Wyoming combined—Walmart is by far the nation’s largest private-sector employer. It’s also one of the nation’s most aggressive anti-union companies, with a long history of trying to squelch unionization efforts. “People are scared to vote for a union because they’re scared their store will be closed,” said Barbara Gertz, an overnight Walmart stocker in Denver.
Walmart maintains a steady drumbeat of anti-union information at its more than 4,000 U.S. stores, requiring new hires—there are hundreds of thousands each year—to watch a video that derides organized labor. Indeed, Walmart’s anti-union campaign goes back decades: There was “Labor Relations and You at the Wal-Mart Distribution Center,” a 1991 guide aimed at beating back the Teamsters at its warehouses, and then in 1997 came “A Manager’s Toolbox to Remaining Union Free.” The first half of a statement in that toolbox has been repeatedly snickered at for being so egregiously false: “We are not anti-union; we are pro-associate.”
Early last year, Anonymous, a network of hacker activists, leaked two internal Walmart PowerPoint slideshows. One was a “Labor Relations Training” presentation for store managers that echoed the “Manager’s Toolbox” in suggesting that unions were money-grubbing outfits caring little about workers’ welfare. “Unions are a business, not a club or social organization—they want associates’ money,” the PowerPoint read. (Walmart confirmed the PowerPoints’ authenticity.) “Unions spend members’ dues money on things other than representing them,” it added.
Walmart is perfectly within its rights to communicate its stance to employees. While employers are legally barred from threatening store closures, layoffs, or loss of benefits because of unionization, they are free to tell workers why they oppose unions.
Walmart has battled for years against the United Food and Commercial Workers Union, which represents employees at many grocery stores and retailers, and its offshoot, OUR Walmart, an association of Walmart employees. Walmart insists that the UFCW is out to damage Walmart’s business. The second PowerPoint that Anonymous leaked last year attacked OUR Walmart, asking, “Is OUR Walmart/UFCW here to help you? Answer: NO.”
Tensions have risen between the retailer and OUR Walmart in recent years, with the labor group organizing nationwide protests outside hundreds of stores each Black Friday. The National Labor Relations Board issued a complaint in January of last year, accusing Walmart of illegally firing 19 OUR Walmart members and illegally disciplining more than 40 others after strikes and protests demanding higher pay. Walmart maintains that the firings and disciplining were legal and not in retaliation for protesting.
Getting a glimpse of Walmart’s internal PowerPoints and training manuals is rare, but one of Walmart’s orientation videos was leaked recently, and it again revealed Walmart’s anti-union efforts. Labor experts and Walmart employees say they were surprised at the blatant untruths in many of the video’s pro-company and anti-union statements.
Walmart confirmed the video’s authenticity and said the company showed it to new hires from 2009 through last year. Early on in the course of the video’s nine minutes, an actor dressed as a Walmart employee says, “You’re just beginning your career with us. It’s hard to grasp everything that’s available to you, like great benefits.”
Ken Jacobs, the chairman of the University of California, Berkeley’s Labor Center, suggested that this was essentially propaganda. “Walmart's benefits are well below the standard for union groceries,” he said. “They are not ‘great benefits’ by any standard.” A discounter like Walmart certainly doesn’t have the generous pensions or Cadillac health plans offered by some companies. Gertz, the overnight stocker in Denver, says her health plan is so stingy that she often doesn’t see a doctor when she’s sick because the deductible requires her to pay the first few thousand dollars out of pocket. Gertz said that when workers call in sick, their first day off comes out of their vacation days or personal days, not their paid sick days.
A spokesperson for Walmart says it will soon revamp its policy so that employees can use paid sick days starting on their first day out. The spokesperson added that its bonuses, 401(k) plan, and health plan are considerably better than at most other discounters—its 401(k) plan gives a dollar-for-dollar match for the first six percent of pay and the premium for its most popular health plan is just $21.90 every two weeks. That said, part-time workers, who represent nearly half its work force, don’t qualify for many of these benefits.
The leaked video also boasts, “There’s no retail company that offers more advancement and job security than Walmart.” Considering that some retailers are unionized with strong job-security provisions in their union contracts, some labor advocates wondered how Walmart could begin to assert that its job security is as strong as any other retailer’s.
“That’s patently false,” said Stuart Appelbaum, the president of the Retail, Wholesale and Department Store Union, a division of the UFCW. “At Walmart you can be fired for any reason at all or no reason.” He contrasted Walmart, one of the nation’s many “at-will” employers, with retailers that are unionized or partly unionized, including Costco, Macy’s, H&M and Modell’s. At unionized stores, workers can only be fired “for cause,” meaning managers need a strong reason to fire someone—for example, stealing from a store or arriving 30 minutes late five days in a row. Moreover, workers in those unionized stores can usually challenge their dismissal by bringing in an impartial arbitrator who helps determine whether a firing was justified.
Walmart, in its orientation video, makes other attempts at belittling unions. It features an actor who says, “I was a union member at my last job. Everyone actually had to join the union . . . The thing I remember most about the union is that they took dues money out of my paycheck before I ever saw it, just like taxes.” The character’s assertion that he “had to join the union” diverges from the truth. The Supreme Court ruled in 1963 that workers cannot be required to join the union at a unionized workplace—although they can be required to pay union dues or fees (unless they live in one of the 25 states with “right to work” laws).
In the video, an actress standing in front of a rack of produce continues to hammer the message. “I always thought that unions were kind of like clubs or charities that were out to help workers,” she says. “Well, I found out that wasn’t exactly the case. The truth is unions are businesses, multimillion-dollar businesses that make their money by convincing people like you and me to give them a part of our paychecks.”
Although some union leaders have generous salaries, Benjamin Sachs, a labor law professor at Harvard, said that unions aren’t for-profit businesses. “If unions are businesses, they’re the best example of the sharing economy we’ve seen,” Sachs said. “Here’s the business model: By sharing their resources, including their financial resources, workers make better lives for themselves and their families.” Thomas Kochan, an MIT professor of management, said that the phrase the actor uses—“clubs and charities”—“insults any new hire’s intelligence.” “Most people know what unions are and what they try to do,” Kochan said.
Indeed, one might ask, if unions are doing as little for workers as Walmart maintains, why then does Walmart bother to battle unions so aggressively? Walmart takes a far more jaundiced view of unions than do many Americans—for instance the nation’s Roman Catholic bishops. “The Church fully supports the right of workers to form unions or other associations to secure their rights to fair wages and working conditions,” the bishops once wrote in a pastoral letter, Economic Justice for All. And Pope John Paul II, never known as a raging liberal, called unions, “an indispensable element of social life.”
Brian Nick, a Walmart spokesman, explained why the company made the video. “The core reason to have the training and information on video, in and of itself, is we know that third-party groups often reach out to our associates,” he said. “This is an opportunity for us to provide accurate information that gives our associates knowledge about their work environment and their own rights as associates.”
In boasting about Walmart, the video says, “Walmart jobs are flexible jobs, giving associates the opportunity to balance our personal life with our worklife.” But Carrie Gleason, director of the Fair Workweek Initiative at the Center for Popular Democracy, an advocacy group, strongly disagreed. “I’ve spoken with countless Walmart associates who talk about how erratic their work schedules are, about how managers regularly disregard their requests for basic accommodations so they can go to school or take care of their families,” she said. Some Walmart workers say their stores slashed their hours when they asked managers to accommodate their college schedule or their efforts to hold a second job to make ends meet.
Brian Nick, the Walmart spokesman, said the company was improving its scheduling practices. Beginning next year, it will offer some employees fixed schedules each week—many employees complain that their work schedules change vastly week-to-week.
In urging workers to shun unions, the Walmart video says, “In recent years, union organizers have spent a lot of time, effort and money trying to convince Walmart associates to join a union, all without any success.” But that’s not quite true. The UFCW hasn’t sought to persuade Walmart employees to join a union in recent years, although it did help form OUR Walmart to push for better wages and working conditions. OUR Walmart claimed a victory in February when Walmart announced it would raise its base pay to $9 this year and $10 next year. A spokesperson for Walmart said it was responding to a tighter labor market and boasted that the move would mean raises for 500,000 workers.
The Walmart video is correct about at least one thing: Most of the recent unionization votes at Walmart stores in the U.S. were unsuccessful. For example, the tire and lube workers at two Walmart stores, in Colorado and Pennsylvania, voted overwhelmingly in 2005 against unionizing. But the UFCW had a big success in 2004, when it unionized a Walmart in Jonquiere, Quebec—a first in North America. Walmart closed that store shortly afterward, and Canada’s Supreme Court ultimately ruled that the shutdown was an illegal ploy to avoid having a union. Walmart has long argued that it closed the Jonquiere store because it was unprofitable and that the closing had nothing to do with the union. As for Walmart’s decision to suddenly begin using prepackaged meat after that meat department in Texas unionized in 2000, the company said that the timing was just a coincidence and that the decision had nothing to do with unionization.
This past April, Walmart abruptly announced it was closing its store in Pico Rivera, California, along with four other stores, for six months. Many workers saw that as a daunting anti-union statement—the Pico Rivera store has the nation’s most militant OUR Walmart chapter, having staged a sit-in and numerous other protests. Walmart, however, insisted that the closing was necessitated by “ongoing plumbing issues.”
Source: The Atlantic
Yellen Says Improving Economy Still Faces Challenges
The Washington Post - August 22, 2014, by Ylan Q. Mui - Federal Reserve Chair Janet L. Yellen on Friday expressed...
The Washington Post - August 22, 2014, by Ylan Q. Mui - Federal Reserve Chair Janet L. Yellen on Friday expressed growing confidence that America’s market is improving but uncertainty over how much further it has to go.
Yellen began her remarks before a select group of elite economists and central bankers here by enumerating the unequivocal progress made since the Great Recession ended: Job growth has averaged 230,000 a month this year, and the unemployment rate has fallen to 6.2 percent after peaking in the double digits during the depths of the crisis.
But she quickly transitioned to the challenges in determining how close the labor market is to being fully healed — and how much the nation’s central bank should do to speed its convalescence. Although Yellen has consistently emphasized that the recovery is incomplete, her speech Friday focused on the difficulty of making a current diagnosis.
“Our understanding of labor market developments and their potential implications for inflation will remain far from perfect,” Yellen said at the annual conference sponsored by the Federal Reserve Bank of Kansas City. “As a consequence, monetary policy must be conducted in a pragmatic manner.”
The Fed slashed its target for short-term interest rates to zero and pumped trillions of dollars into the economy in the aftermath of the recession. More than five years later, it is finally scaling back that support. The Fed is slated to end its bond-buying program in October and is debating when to raise interest rates.
That decision carries enormous consequences: Move too soon, and the Fed risks undermining the economic progress made so far. Move too late, and it could risk stoking inflation in the future and sowing the seeds of the next financial crisis.
Investors generally expect the Fed to raise rates in the middle of next year, but several central bank officials gathered here cautioned that the moment could come earlier if the recovery improves more rapidly than expected. Yellen gave no clear timeline Friday but called for a “more nuanced” reading of the labor market as the economy returns to normal.
For example, the size of the nation’s workforce unexpectedly declined after the recession, the result of both demographic factors and unemployed workers who gave up hope of finding a job. Yellen reiterated Friday that a stronger economy could help stem that drop and suggested it may already be working. She also said that the run-up in involuntary part-time work and the low level of people choosing to quit their jobs could be reversed as the labor market improves.
But Yellen seemed to shift her stance on the country’s stagnant wage growth. Previously, she has cited it as a sign that the labor market remains weak. But on Friday she called on research that suggests wage growth has been subdued because employers were unable to cut salaries deeply enough during the recession, a phenomenon dubbed “pent-up wage deflation.” She also suggested that globalization and the difficulty that the long-term unemployed face in finding jobs could also be depressing wage growth.
The uncertainty facing the Fed means it will be carefully evaluating economic data over the coming months, Yellen said. And she said the central bank will remain nimble in its response.
“There is no simple recipe for appropriate policy in this context, and the [Fed] is particularly attentive to the need to clearly describe the policy framework we are using to meet these challenges,” she said.
Central bankers were not the only ones gathered in the Grand Tetons this year. Several workers and activists also traveled to Jackson Hole and called on the central bank to be cautious in removing its support for the economy, the first protest at the conference in recent memory.
The grass-roots group, organized by the Center for Popular Democracy, also issued an open letter to the Fed earlier in the week signed by more than 60 activist organizations. Kansas City Fed President Esther L. George — one of the most vocal proponents of raising interest rates soon — met with the protesters in Jackson Hole on Thursday for about two hours to hear their stories. Ady Barkan, senior attorney at the Center for Popular Democracy, said the groups plan to request meetings with other Fed officials as well.
Source
Should You Carry a Municipal ID Card?
OZY - April 29, 2014, by Pooja Bhatia - Comprehensive immigration reform is on again. No, it’s off again. No, it’s on...
OZY - April 29, 2014, by Pooja Bhatia - Comprehensive immigration reform is on again. No, it’s off again. No, it’s on again. Nope, it’s off again.
Take heart, CIR enthusiasts. As the back-and-forth over immigration reform enters its umpteenth year, a potential workaround might be coming to a city near you.
Since 2007, a handful of cities have issued municipal IDs to residents, regardless of their citizenship. The idea is to integrate undocumented immigrants by making it easier for them to open bank accounts, interact with the police, access city services and rent an apartment. Bringing the undocumented “out of the shadows” will improve civic life for everyone, proponents say.
It’s a warm-hearted move as well as a political calculation. The concept is generally popular in cities, which tend to lean liberal, and is sure to have long-range appeal among voters as national demographics shift. About a dozen cities are in some stage of the municipal ID process.
The line between protecting and branding residents can be a fine one.
But ID cards are not an easy way out of the immigration quagmire. Opponents argue that municipal IDs overstep local authority, could lead to fraud and lure terrorists. The earliest version won vicious backlash, including from federal authorities. Even those who support the cards stress the importance of sweating the small stuff, like card design and privacy controls. The big risk: Unless they’re popular with immigrants and non-immigrants alike, the ID cards can brand as outsiders the very people they attempt to embrace.
“It’s been trial and error for cities to even realize that it’s a risk and start guarding against it,” says Emily Tucker, an attorney at the Center of Popular Democracy who has studied the issue in depth.
This week, New York City will hold its first hearings on municipal ID legislation, a pet project of the new mayor, Bill de Blasio. If approved, New York’s program would be the most prominent of its kind. It would send a message, too, for New York City has a certain symbolic status in matters of security and immigration.
Proponents like Tucker are enthusiastic about New York’s foray into municipal IDs, if a bit wary. If not done right, they say, the ID cards won’t protect undocumented immigrants, but just sort and label them for easy deportation. The line between protecting and branding can be a fine one. The IDs tend to work best when other protections for undocumented residents are in place: confidentiality for city services, local law enforcement policies that limit interaction with Immigration and Customs Enforcement (ICE), and other “sanctuary city” provisions. “Without those things, people won’t want to use the card — they’ll be too afraid,” says Tucker.
Cities vary enormously on this count: Some abide by the ICE’s “detainer requests,” holding suspected unauthorized immigrants in local jails until the federal authorities pick them up. Others refuse. Some jurisdictions allow police to act as ICE deputes. Others won’t allow police officers to inquire about immigration status.
California Highway Patrol officers lead an information session on obtaining a state driver’s license at the Mexican Consulate in San Diego, Calif., on April 23, 2014.
New Haven, Conn., was the first municipality to adopt local IDs, in 2007, after a robber stabbed an immigrant to death. According to reports, undocumented immigrants were dubbed “walking ATMs” — often, they carried cash, as they couldn’t open bank accounts. New Haven’s program faced some backlash, including, allegedly, from federal authorities: Less than two days after the city passed municipal ID legislation, the ICE raided homes in the area and detained 32 immigrants.
Although the city has stood by its program– it’s issued some 10,000 IDs– it’s not clear how functional the IDs are. Cashiers often don’t accept it, researchers found, and it served mostly to underscore the city’s pro-immigrant attitude.
Since 2007, Oakland, San Francisco, Washington, D.C. and several localities in New Jersey have all joined suit. Programs in Richmond and Los Angeles have been approved, and local governments from Philadelphia to Iowa City and Phoenix are contemplating issuing cards, too.
The local ID programs are yet another instance of cities taking “an affirmative step toward securing interests of their residents in the face of congressional inaction,” says Peter Bailon, a lawyer at the progressive American Legislative and Issue Campaign Exchange. They also demonstrate cities’ ability to enact progressive agendas that likely wouldn’t fly nationally.
But are cities exceeding their authority? “It’s not just usurping but contravening federal law,” says Ira Melhman, spokesperson for the conservative Federation for American Immigration Reform (FAIR). There’s controversy here. Although the federal government places control over immigration firmly within its authority, the law does not explicitly forbid the issuance of local IDs, proponents say. And the feds have tended to turn a blind eye to the programs.
Mehlman and others say they also worry about terrorism. They argue that municipal ID requirements are lax and could allow criminals to procure false identification. Official documentation, even if limited to a few municipal venues, could serve as “breeder documents” for other IDs, they say. New York state Senator Greg Ball blasted the municipal ID plan as the “de Blasio Terrorist Empowerment Act.”
ID proponents dismiss such fears as absurd. The IDs, they point out, have stringent eligibility requirements and limited jurisdiction. They don’t replace federal identification documents such as passports, social security cards or tax identification numbers. Their main concern is that the IDs actually be used.
It may not be so easy to circumvent the federal government though, even for cities that are relatively friendly to the undocumented, like New York. De Blasio’s administration has already issued notice that it could put out bid specifications for ID cards, but the City Council has lagged. Only 15 council members have come out saying they favor the legislation, short of the 26 needed for a majority.
Of course, with hearings starting tomorrow, that could change quickly. Are you ready for your New Yorker ID, New Yorkers?
SourceJ. Crew, Urban Outfitters, and More Just Stopped Using ‘On-Call’ Scheduling
J. Crew, Urban Outfitters, and More Just Stopped Using ‘On-Call’ Scheduling
Several major retailers have in recent weeks relieved their workers from having to spend their mornings waiting for...
Several major retailers have in recent weeks relieved their workers from having to spend their mornings waiting for their boss to tell them if and when to show up for work.
J. Crew recently joined a group of several other top retail chains in dropping on-call scheduling—the system that requires workers to make themselves available for a shift with no guarantee of actually getting any clocked hours. Under on-call scheduling, workers generally must be ready to be called in for a shift just a few hours beforehand, and often that meant wasting valuable time by not being called in at all. In addition to J. Crew, Urban Outfitters, Gap, Bath & Body Works, Abercrombie & Fitch, and Victoria’s Secret, and various affiliated brands, have announced that they’re phasing out on-call nationwide.
The abandonment of on-call at these high-profile chains—affecting roughly 239,000 retail sales workers, according to the Fair Workweek Initiative (FWI)—represents growing backlash against the erosion of workers’ autonomy in low-wage service sectors. The pressure for reform has been stoked by media scrutiny, labor protests, and litigation, and an investigation into on-call scheduling in New York retail stores by New York Attorney General Eric Schneiderman.
But the fight for fair labor practices isn’t over in retail. Carrie Gleason, director of the FWI, a project of the advocacy group Center for Popular Democracy, says nominally phasing out on-call at a workplace may simply lead to a “whack-a-mole situation,” pushing managers to find other ways to drive workers into erratic and unstable schedules. Your supervisor might not call you in two hours before a shift starts, but might still abruptly cancel your pre-scheduled shift, or text on an “off” day to pressure you to sub for a coworker. Some workplaces might have a set start time for shifts, but then pile on on-call extended hours, so the workday expands unexpectedly. Across the service sectors, Gleason says, “there’s not a real commitment around standards around what workers experience as a predictable schedule.”
Nationwide two-thirds of food service workers and over half of retail workers have at most a week’s notice of their schedules. Part-timers and black and Latino workers disproportionately work irregular schedules.
According to National Women’s Law Center, over half of workers surveyed
“work nonstandard schedules involuntarily because they could not find another job or ‘it is the nature of the job.’” The “nature of the job” reflects the nature of our current economy, which has redefined labor as a seller’s market for employers, while union power and labor protections have disintegrated.
FWI campaigns both for stronger regulation and industry-led reforms. It presses for “high-road workweeks,” under which workers and employersnegotiate equitable scheduling systems, which can streamline operations and reduce turnover, while giving workers more predictable hours, along with flexibility to change schedules on a fair, voluntary basis. (Yet there’s good reason for skepticism about voluntary corporate “social responsibility”: in a recent study of Starbucks’s scheduling reforms, workers nationwide reported irregular and unpredictable shifts, despite the company’s promises of more humane schedules.)
On the regulatory front, as reported previously, some state laws and San Francisco’s new Retail Workers Bill of Rights provide reporting time pay(compensation for unplanned shift changes), and safeguards for stable hours.
California, New York, and other states have recentlyintroduced fair-scheduling legislation, including reforms that provide workers with negotiating mechanisms at work to make scheduling procedures more democratic, and limits on consecutive hourly work shifts.
Nationally, the proposed Schedules That Work Act would provide similar protections for advanced notice, reporting time pay and the right to bargain schedule changes.
The basic principle that drives labor advocates is predictability in both time and earnings, which counterbalances the service industry trend toward precarious low-wage jobs, pushing workers into part-time, temporary, or unstable contract work.
The opportunity cost of abusive schedules drives financial insecurity, impedes career advancement, and hurts families. Erratic hours can interfere with childcare arrangements and medical care, and are linked to increased marital strain and long-term problems with children’s behavioral development.
Sometimes, it’s just humiliating. Like when Mary Colemangot sent home from a shift at Popeyes and ended up effectively paying not to work. As a campaigner with FWI, the grandmother described the experience as a theft of precious time and wages: “When I get to work only to be sent home again, I lose money because I have to pay for my bus fare and hours of time traveling without any pay for the day.” Under a reporting time pay system, however, she might instead have been reimbursed for showing up, instead of bearing the cost of her boss’s arbitrary decisions.
“The idea is that if you need this level of flexibility for your workforce, that’s something that has value, being able to have a nimble workforce that’s ready when you need them,” Gleason says. In fact, honoring the workers’ overall role in an organization, not just hours clocked, is akin to the salary system. White-collar professionals often voluntarily exceed a 40-hour workweek and feel duly rewarded with their annual compensation package.
A fairer schedule system isn’t difficult to imagine if we start with the premise of honoring workers’ time in terms commensurate with the value of what they’re expected to produce—whether it’s impeccable service at peak-demand time, or a good cappuccino. And that’s why unions and other worker-led organizations, which understand a job’s real meaning in the context of workers’ lives, have historically been instrumental in shaping wage structures through collective bargaining. Though unions have withered, smart policy changes and grassroots organizing networks are carving out more autonomy and control for labor over the course of a workday.
The byzantine, unstable scheduling systems that dominate low-wage industries aren’t really “the nature” of today’s jobs so much as the result of a society that deeply undervalues workers’ lives, whether that’s the value of a parent’s time with her children, or the time invested in a college degree. In a “just in time” economy, employers put a premium on consumer convenience and business logistics. But as boundaries blur between work and home, the “new economy” challenges workers to finally reclaim their stolen time.
Source: The Nation
Blacks Nearly Four Times More Likely Than Whites to Be Unemployed in Minnesota
Minneapolis City Pages - March 6, 2015, by Ben Johnson - A new study reaffirms a refrain equality advocates have become...
Minneapolis City Pages - March 6, 2015, by Ben Johnson - A new study reaffirms a refrain equality advocates have become quite fond of in this state: Minnesota is a great place to live -- for white people.
The Center for Popular Democracy and the Economic Policy Institute released a study yesterday showing the statewide unemployment rate for black people is 11.7 percent, compared to 3.2 percent for white people.
Black Minnesotans' unemployment rate is 3.7 times higher than white Minnesotans'. The study analyzed all 50 states and the District of Columbia, and the only places with a larger gap were Wisconsin (4.6 times higher) and D.C. (5.6 times higher).
Minneapolis unemployment rates are lower than statewide, but the racial gap (3.9x) is even higher.
When these figures came out yesterday protesters from across the country lobbied the Federal Reserve to keep its interest rates low.
When interest rates are low it's easier for businesses to borrow money, and in theory, easier access to money means businesses can hire -- and pay -- more people. On the flip side, if interest rates are kept too low for too long inflation becomes a concern.
"Unemployment is slowly, slowly heading in the right direction, but raising interest rates at this point would really set minorities back," said Becky Dernbach with Neighborhoods Organizing for Change, which held a rally yesterday at its headquarters. "We think the Fed needs to pay special consideration to how the recovery has not hit certain communities at all."
NOC and its allies are supportive of Minneapolis Fed President Narayana Kocherlakota, who favors keeping interest rates low, but he's stepping down in a year. Protesters made it clear yesterday they want a say in who takes his place.
"On a fundamental level, we need to have a voice in the process," said Dernbach.
Source
Did two women in an elevator just change everything?
Did two women in an elevator just change everything?
Jeff Flake loves decorum, but it doesn't look like it was decorous behavior that moved him to reconsider a vote that...
Jeff Flake loves decorum, but it doesn't look like it was decorous behavior that moved him to reconsider a vote that could change the country's future. Was it two women in an elevator, yelling at him?
Read the full article here.
Hispanos afrontan barreras de idioma en NY, según informe
El Diario – August 5, 2013, by Ruth E. Hernández - Las agencias del Gobierno estatal de Nueva York tienen importantes...
El Diario – August 5, 2013, by Ruth E. Hernández - Las agencias del Gobierno estatal de Nueva York tienen importantes carencias a la hora de facilitar el acceso a sus servicios a los más de $2 millones de personas y familias que no dominan el inglés, según un estudio presentado hoy.
“Todavía queda mucho por hacer para romper las barreras del idioma y asegurar que reciban una competente y consistente asistencia”, señala el “Informe de Acceso a Lenguaje”, que destaca que esta situación dificulta a estas personas el poder obtener servicios básicos como el carné de conducir o denunciar un crimen.
El estudio, de la organización Se Hace Camino Nueva York, es el primer informe que se publica luego de que, en 2011, el gobernador de Nueva York, Andrew Cuomo, firmara una orden ejecutiva para garantizar que inmigrantes reciban, en los seis idiomas más hablados, los servicios de agencias estatales que brindan ayuda directa a la comunidad.
“Con esta orden la administración del gobernador Cuomo no sólo tomó un paso importante para garantizar el acceso a servicios del gobierno a los que aún no dominan el inglés, sino que demostró liderazgo a nivel nacional en este asunto”, indica el informe de la entidad sobre las agencias que más en contacto están con el público.
Sin embargo, reveló que, un año después de entrar en vigor esta medida, los inmigrantes afrontan dificultades para tener acceso a servicios importantes como puede ser un carné de conducir, recibir los cupones de alimentos porque los formularios no han sido traducidos en su idioma o solicitar el desempleo, entre otros trámites, dijo a Efe Theo Oshiro, codirector de la organización.
Entre los hallazgos destaca, que pese a los esfuerzos de las agencias gubernamentales, la mayoría de los inmigrantes no están recibiendo documentos importantes traducidos en su idioma, tal y como estipula la orden ejecutiva.
Cita como ejemplo que en Buffalo sólo el 11 % de los hispanos afirma recibir la documentación en su idioma, mientras que en los pueblos de la región central del estado la cifra fue del 45 %.
Igualmente el estudio mostró que a través del estado sólo el 45 % de las agencias están brindando servicios de interpretación.
En específico, señala que en el Departamento de Vehículos de Motor, una de las agencias que más público atiende, sólo se ofreció información en los idiomas establecidos en el 32 % de los casos, mientras que en el Departamento del Trabajo esta cifra aumenta al 61 %.
También indica que en aquellas agencias en las que se brindó esta posibilidad, el público estuvo complacido con la calidad del mismo.
En cuanto a la Policía estatal, Oshiro explicó que aquellas personas que acuden en busca de ayuda tienen que esperar mucho tiempo y que “no tiene ni siquiera puesto en su página que puede brindar servicios” en varios idiomas.
Durante la evaluación, los autores descubrieron que el estado contrata a agencias locales en varios de sus condados para suplir servicios, y que éstas están exentas de cumplir la orden ejecutiva.
“Eso no es aceptable. No entendemos por qué no les cubre la orden ejecutiva”, dijo Oshiro.
Indicó además que, aunque las agencias del estado con sedes en la Ciudad de Nueva York, mejoraron en un 15 % los servicios que brindan, desde que entró en vigor la orden ejecutiva, “el estudio muestra que les está tomando tiempo” cumplir con ella, lo que, según Oshiro, no es aceptable porque tuvieron tiempo para prepararse.
Entre las recomendaciones que aporta el reporte figura mejorar el acceso de interpretación y la traducción, desarrollar y distribuir una guía de cómo mejorar los servicios y establecer colaboraciones con organizaciones que estén en contacto con la comunidad que no domina el inglés.
El informe se realizó en cooperación con la oficina del gobernador y, de acuerdo con Oshiro, los autores se reunirán con sus representantes para saber qué pasos van a tomar para cumplir con la orden ejecutiva.
“El estudio es una herramienta para que la oficina del gobernador haga lo que deben hacer”, afirmó.
Source
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