Tags: cj seafood, forced labor, guest workers, human rights, khadeeja safdar, labor, labor law, labor practices, labour, roger hollander, walmart
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Walmart is facing criticism for allegedly profiting from unfair labor practices.
More than 130,000 people have signed a petition on Change.org calling on Walmart to stop doing business with a seafood supplier accused of labor law violations.
Supervisors at CJ Seafood, which relies on Walmart for 85 percent of its business, allegedly forced Mexican guest workers into labor for up to 24 hours at a time without paying overtime. They locked them in a plant in Breaux Bridge and threatened them with beatings, according to Ana Rosa Diaz, the guest worker who created the online petition.
Walmart suppliers are not allowed to force labor or require excessive working hours, according to Walmart’s written standards.
But this isn’t the first time the retailer has done business with a company accused of breaking those rules. Last year, warehouse workers in California sued Walmart contractor Schneider Logistics for allegedly shortchanging pay, providing poor labor conditions and threatening to fire workers for filing complaints.
Walmart has also been involved in a number of lawsuits for discrimination against female employees; allegations have included derogatory language at the workplace, unfair promotion practices and pay discrimination. Mostly recently, nearly 2,000 women in 48 states filed charges against Walmart to the Equal Employment Opportunity Commission, accusing the company of sex discrimination.
Walmart’s controversial labor practices have also garnered international attention. Earlier this year, the Netherlands’ biggest pension fund divested from Walmart for not complying with the United Nations’ Global Compact principles, which have to do with human rights and labor practices as well as environmental protection and anti-corruption efforts.
In her petition on Change.org, Gomez calls on Walmart to investigate CJ Seafood, rather than engaging in a cover-up, a reference to a New York Times report from April alleging Walmart executives concealed a large-scale bribery campaign involving its Mexican subsidiary.
Obama/Catholic Contraception Controversy Boils Down to Workers’ Rights February 12, 2012Posted by rogerhollander in Health, Labor, Women.
Tags: abortion, abortion rights, birth control, catholic biships, catholic church, catholics, Civil Rights, contraception, contraceptive services, family planning, health, health insurance, labor, labor law, labour, religion, reproductive health, republicans, right wing, roger bybee, roger hollander, santorum, wedge issues, women, women's heatlh, worker rights, workers rights
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The great new religious battle over the proposed new federal rule requiring contraception coverage for women actually boils down to the basic precept that worker rights apply across all of society, including within religious institutions. But it also reveals the political machinations of the right, the suspect motives of the Catholic bishops and another crucial weakness in the much heralded Affordable Care and Patient Protection Act passed by the Democrats and signed by President Obama two years ago.
First, it is striking how America’s all-male Catholic hierarchy has seemingly colluded with Republicans in miraculously conceiving this issue as a potential “wedge” issue to mobilize blue-collar Catholics against President Obama and the Democrats.
Second, it is almost amusing to see bishops, now pretending to launch a last-ditch effort to prevent a sudden and unique incursion by the Obama administration against the freedom to practice their religion. The Catholic hierarchy has decisively “lost the war at home “ already, as Gail Collins notes, but is choosing to pick a political fight. The majority of Catholic women use birth control. Federal rules required contraception’s inclusion for more than a decade, as Daily Kos reports:
In December 2000, the Equal Employment Opportunity Commission ruled that companies that provided prescription drugs to their employees but didn’t provide birth control were in violation of Title VII of the 1964 Civil Rights Act, which prevents discrimination on the basis of sex. That opinion, which the George W. Bush administration did nothing to alter or withdraw when it took office the next month, is still in effect today.
With more than half the states also requiring insurers to include contraception in women’s health care packages, Catholic universities, schools and hospitals are obligated to provide birth-control services to their employees. (Most states have an exemption for churches.)
Further, Catholic doctrine is trumped by the Constitutional principle that members of all faiths must obey the law. Noted attorney David Boise explains that freedom of religion as outlined in the Constitution is quite different from the bishops’ version:
Everybody is free to exercise the religion that they choose. [But] there isn`t anything in the Constitution that says an employer, regardless of whether you are a church employer or not, isn`t subject to the same rules as any other employer.
The fundamental point is underscored in this exchange between Boise and his MSNBC host Lawrence O’Donnell:
O`DONNELL: So, this is just simple labor law. …Labor [law] requires certain conditions in the work place and so forth. This is one of those.
BOIES: And tax law and workman’s comp law. I mean, there are all sorts of laws that apply to every employer in this country, and you don`t exempt religious employers just because their religion. You are not asking anybody in the Catholic Church or any other church to do anything other than simply comply with a normal law that every employer has to comply with.
Employers who provide health insurance are currently required in 28 states to provide contraceptive services and other reproductive care as part of a strategy of preventive care, which coincides with the conclusions reached by the medical experts consulted in writing the Affordable Care Act.
But the contrived issue of contraception is being perceived by the Republicans as a chance to split working-class Catholics voters from Barack Obama.
It appears to be a textbook case of the Right developing what Thomas Frank, author of What’s the Matter with Kansas?, diagnosed astutely as an “election-season” issue. The Republicans have been immensely creative in inflating issues like gay marriage and gun rights to immense proportions to attract the votes of working-class and low-income voters, facilitated by the frequent Democratic failure to tenaciously push economic justice with the same level of conviction shown by the Right.
For the Republicans and the Right, the notion of including contraception as a standard part of women’s health insurance offers yet another chance to demonize Obama for “overt hostility to faith,” according to Republican presidential contender Rick Santorum. Pulling out all the stops, Santorum even raised the specter of Obama unleashing savage anti-religious forces that would literally re-introduce the “guillotine” of the French Revolution for the faithful and patriotic.
For the Catholic bishops, this conflict re-ignites their hope of rolling back contraceptive rights, established in a 1965 Supreme Court decision, and also trying to further shrink abortion rights. While the strongly-held sentiment of Americans for contraceptive rights is obvious, the Catholic leaders are trying to regain lost ground by lining up with a retrograde movement. As journalist Barbara Miner observed five years ago:
The movement against birth control has moved beyond the fringe. Across the country, many pharmacists won’t fill birth control prescriptions, some hospital emergency rooms refuse to dispense emergency contraception and some state legislatures are cutting funds for family planning.
The Catholic bishops hope somehow to add fuel to this movement and thus turn the clock back a century or two, with this anti-contraception push being wrapped up with anti-abortion rules in the name of protecting “religious freedom.” Feminists like Barbara Miner and Katha Pollitt are appalled by this campaign. As Miner told In These Times,
The medical community accepts that contraception is an integral part of medical care for women. If the Catholic Church and its institutions are serious about promoting healthcare, they should follow the best practices and give their employees the best quality care, and that includes contraception.
For the Republicans, it also provides another chance to castigate Obama’s healthcare plan, which they previously stigmatized with preposterous lies about creating “death panels” and staging “a government takeover of one-sixth of the economy.”
But we must recognize that the Republicans would have had no opportunity to raise the issue if America had a single-payer healthcasre system instead of the current employer-based structure.
Workers would thereby have a standard package of benefits that would not be tied to their employers’ beliefs and they could choose their own doctors and hospitals.
Instead, the Affordable Care Act retains citizens’ dependence on their employers choices, opening the door for the Catholic bishops to seek to dictate women’s options. The ACA also enshrines and subsidizes the insurance corporations that maximize profits by minimizing care, as well as still leaving out 30 million Americans from health coverage, as O’Donnell drove home emphatically.
Reflecting on the ACA’s flaw that allows the Right and the Catholic bishops to attack women’s right to contraceptive care, Rep. Peter Welch (D-Vermont) points out
We`d be better off if we had a single-payer health care system where you didn`t have employers involved.
A more recent struggle offers hope of the public rallying behind women’s reproductive rights, “I think we can learn from the way that people rallied behind Planned Parenthood when the Susan G. Komen Foundation tried to cut off their funding,” Miner says.
Roger Bybee is a Milwaukee-based freelance writer and progressive publicity consultant whose work has appeared in numerous national publications and websites, including Z magazine, Common Dreams, Dollars & Sense, Yes!, The Progressive, Multinational Monitor, The American Prospect and Foreign Policy in Focus.
A Super Bowl of Struggle? The NFLPA’s Demaurice Smith on Opposing Indiana’s ‘Right to Work’ Agenda January 30, 2012Posted by rogerhollander in Indiana, Labor, Sports.
Tags: anti-union, dave zirinon, demaurice smith, indiana, labor, labor law, labour, nfl, nflpa, organized labor, players association, professional football, professional sports, right to work, roger hollander, super bowl, unions, workers rights
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Roger’s note: given the outrageous and obscene salaries that some elite athletes make, it might be tempting to dismiss the concerns of sports professional from a labor point of view. This would be an error. The vast majority do not make those multi million dollar salaries, and even if the average player is well paid in comparison with other classes of workers, the same issues are involved with respect to working conditions, benefits, etc. And one should not forget the physical beating that professional athletes take and pay for the rest of their lives. In other words, the principle of worker rights is most definitely in play with respect to professional sports. The NFLPA executive director put it most succinctly: “First and foremost, it’s important that our young men understand that they are just like every man and woman in America who works for a living. The minute that any sports player believes for whatever reason that they are outside the management-labor paradigm, I guarantee you that the minute you start thinking that way is the day you will start to lose ground.”
DeMaurice Smith: First and foremost, it’s important that our young men understand that they are just like every man and woman in America who works for a living. The minute that any sports player believes for whatever reason that they are outside the management-labor paradigm, I guarantee you that the minute you start thinking that way is the day you will start to lose ground. Our guys get their fingers broken, their backs broken, their heads concussed and their knees torn up because they actually put their hands into the ground and work for a living, and I would much rather have them understand and appreciate and frankly embrace the beauty of what it is to work and provide for their family.
[On this issue] we are in lock-step with organized labor. I’m proud to sit on the executive council of the AFL-CIO. Why? Because we share all the same issues that the American people share. We want decent wages. We want a fair pension. We want to be taken care of when we get hurt. We want a decent and safe working environment. So when you look at proposed legislation in a place like Indiana that wants to call it something like “Right to Work,” I mean, let’s just put the hammer on the nail. It’s untrue. This bill has nothing to do with a “right to work.” If folks in Indiana and that great legislature want to pass a bill that really is something called “Right to Work,” have a constitutional amendment that guarantees every citizen a job, that’s a “right to work.” What this is instead is a right to ensure that ordinary working citizens can’t get together as a team, can’t organize, can’t stand together and can’t fight management on an even playing field. From a sports union, our union, our men and their families understand the power of management and understand how much power management can wield over an individual person. So don’t call it a “right to work.” If you want to have an intelligent discussion about what the bill is, call it what it is. Call it an anti-organizing bill. Fine. If that’s what the people want to do in order to put a bill out there, let’s cast a vote on whether or not ordinary workers can get together and represent themselves, and let’s have a real referendum.
DZ: What would you say to someone who says, ‘Well, people who support this type of right to work legislation, they are just doing it to protect unions. They don’t care about the majority of workers who aren’t in unions”?
DS: Well take a look over the last 100 years. I used to say that we have forgotten a lot of the lessons from organized labor over the last 100 years, but I’m now convinced that we never learned them. Whether your talking about fire escapes outside of buildings or sprinkler systems inside of buildings, fair wages for a days work, laws that prevent child labor, things that led to the abolishing of sweatshops in America, let alone management contributing to healthcare plans or a decent pension… all those things over the last 100 years were not gifts from management. Someone in a corporate suite didn’t decide one day that they would bestow that wonderful right upon a working person. The way those rights were achieved was through the collective will of a group of workers who stood together and said, ‘This is what we believe is fair, and we are all going to stand together and demand that those things be provided to us. We’ll do it as a collective group. You may be able to pick off one of us or two of us or five of us, but you will not be able to pick off all of us.’ When you look at legislation that is designed to tear apart that ability to work as a team… that is not just anti-union. That is anti–working man and woman, and that’s why we weighed in on this one.
DZ: When you put out a statement like this, does it also goes out to every player so they’re aware of this campaign?
DS: It goes out to the players, the board, and the executive committee, and here in this case, we actually reached out to former Indianapolis Colts, former players who went to college in Indiana, and those players who live in Indiana, and asked them if they’d want to sign on. So we have a very impressive list of players. Rex Grossman is a local player who signed on. Jeff George, former quarterback for [among other teams] the Indianapolis Colts, also signed on. I’m proud of our guys who signed off on this because I do think that they appreciate and understand that in the same way that those things that we were talking about things that have been changes for good for ordinary workers in America, there isn’t a player in the National Football League who shouldn’t understand that every benefit that we have in the collective bargaining agreement is one that was negotiated by a collective of players standing together. Coming out of this lockout, perhaps it was the first time some of our young men understood what the collective bargaining agreement is all about. [Author’s note: De Smith said after the interview that Tim Tebow was behind the NFLPA 100 percent during the lockout. Given some of my own critiques of Tebow’s politics, I felt obliged to include that nugget.]
DZ: The news this week was that this bill was rammed through committee, so it is advancing through the Indiana State House. Has there been any talk about what else the NFLPA might do? Any follow up to the statement that you put out?
DS: I wrote an op-ed that has been placed in the main Indianapolis newspaper. If the issue is still percolating by the time of Super Bowl, I can promise you that the players of the National Football League and their union will be up front about what we think about this and why. Look, we have players who played in Indianapolis obviously, but I made no secret coming into this fight that the lockout, organized and implemented by a group of owners, was not only designed to hurt players but all of the people who work in and around our stadium: the hospitality network, the network of restaurants, bars, all of those things that are connected and touch our business were affected by the lockout that we frankly did not want to happen. So there is never going to be a day where players are going to divorce themselves from the ordinary people who work around their sports, and we’re sure as heck not going to divorce ourselves from the fans who dig our game.
DZ: If the legislation is still percolating, there will be people who will be doing legal, nonviolent protests around the Super Bowl game to try to leverage the spotlight of the Super Bowl to raise the issue for a national audience, and I know that they’re getting various union endorsements to do so. Is that something the NFLPA would support, the idea of a demonstration, a legal, nonviolent demonstration outside the Super Bowl?
DS: Yeah, possibly. We’ve been on picket lines in Indianapolis already with hotel workers who were basically pushed to the point of breaking on the hotel rooms that they had to clean because they were not union workers. We’ve been on picket lines in Boston and San Antonio. So, the idea of participating in a legal protest is something that we’ve done before.
We’ll have to see what is going to go on when we’re there, but issues like this are incredibly important to us. If we can be in a position just to make sure that we raise the level of the debate to the point where it is a fair and balanced discussion about the issues, I think that is something that our players can help do. Obviously, players have a very high profile, and I think its important for them to take on issues which are important to them and be in a position to talk about them, raise the level of consciousness about them.
If we do one thing by making this statement, and it is raising the level of the debate, and to have real people ask real questions about it, we’ve served our purpose.