How a first union contract provides workers a seat at the table
James Golden knew the crowbar wasn’t the right tool for the job, but it was what the bosses provided when he needed to perform work on a piece of equipment at the Kumho Tire plant in Macon, Georgia.
This article was produced by the Independent Media Institute.
The crowbar slipped from Golden’s hand and smacked him in the head. Bleeding, yet unable to find adequate help on the sparsely staffed night shift, Golden drove himself to the hospital while a supervisor agonized over whether to fill out paperwork about the injury or try to get the machine operating once more.
While the memory of that night still infuriates him, Golden takes comfort in knowing that he and his 325 coworkers now have the power to protect themselves, look out for one another, and hold management accountable.
Along with wage increases, better work-life balance, and other wins, the workers gained a real voice on the job in early August when they ratified their first contract with Kumho as members of the United Steelworkers (USW).
The contract establishes a labor-management workplace improvement committee, affording Golden and others on the front lines the means to address issues like turnover, efficiency, and quality.
The agreement also mandates a joint health and safety committee, giving workers not only a say in how to properly operate and maintain equipment but also a role in developing emergency plans and input into other aspects of plant safety.
“It’s a new day,” Golden said, referring to the power of a first contract to level the playing field and afford workers a seat at the table. “This is the law of the land.”
Workers who want to band together for better futures often face prolonged and brutal anti-union campaigns from employers hellbent on holding them down.
Kumho, for example, committed such egregious violations of workers’ rights that an administrative law judge at one point ordered company representatives to call a plant-wide meeting and read a statement acknowledging their illegal conduct.
“Solidarity means everything,” said Golden, recalling how workers met at bars and cookouts to build the union drive and support one another during management’s attacks.
“I know each of us was going to have a better work environment and a living wage,” he added, explaining his own commitment to the effort. “I have no problem sacrificing for the greater good. I’m a veteran. I sacrificed eight years to go and serve my country.”
Workers ultimately achieved victory in 2021 when the National Labor Relations Board certified their vote to join the USW, making them the first U.S. tire workers to unionize in more than 40 years. But then, like all new union members, they immediately began a new battle at the bargaining table, testing their collective resolve all over again.
When bullying fails to stop workers from organizing, many employers simply shift gears and try to thwart bargaining.
More than one-third of companies use anti-union attorneys to derail negotiations, and a quarter threaten to close workplaces in an effort to sabotage contract talks, among other abuses, according to new research by Cornell University.
Starbucks’ “dirty war” on baristas, for example, includes starving union leaders of work hours in a bid to make them quit and dragging out negotiations with the aim of gutting solidarity, frustrating workers, and killing the union.
Kumho similarly bogged down negotiations for two years, balking at raises, nitpicking language, and throwing up other roadblocks. But union activists stayed the course and worked hard to engage new hires, averting the threat that turnover poses to collective strength.
“We didn’t give up,” observed Christopher Burks, who served with Golden on the workers’ bargaining committee, noting that a grievance procedure and other protections from bullying are among the first contract’s greatest strengths.
Similar concerns have prompted growing numbers of workers, across numerous industries, to unionize in the wake of the pandemic. And now those organizing victories are generating a wave of first contracts with transformative changes.
That’s especially evident in the South, where more and more workers are rising up against employers and right-wing politicians who long conspired to oppress them and keep unions out.
Nurses at Mission Hospital in Asheville, North Carolina, secured a first contract in 2021 that affords them a long-overdue voice on the staffing issues crucial to worker and patient well-being. Workers at a Coca-Cola Consolidated warehouse in Kentucky ratified a first agreement in the spring of 2023 providing a much-needed grievance process and other enhancements.
And newly unionized cleaners at Virginia Commonwealth University just negotiated historic pay increases, forcing the school to begin valuing them.
“You’re not getting what you’re worth for the job that you do,” Burks said of many workers in the South, noting that some companies deliberately locate in the region to exploit the historically poor wages and low union density.
“Some people are waking up and not going for that. It’s just like at Blue Bird,” he added, referring to about 1,400 workers at the Fort Valley, Georgia, bus company who voted in May 2023 to join the USW and seek better working conditions.
Many other workers also want to join unions and gain a voice on the job, but they need the support that only a long-overdue modernization of America’s labor laws can provide.
Right now, companies regularly obstruct organizing and bargaining because it’s so easy for them to get away with it. Workers’ unfair labor practice charges take months or even years to resolve. Even then, employers like Kumho face virtually no penalties for illegally firing workers during union drives or dragging out talks.
Golden and Burks want Congress to pass the Richard L. Trumka Protecting the Right to Organize (PRO) Act, which would make it easier for workers to exercise their will and impose fines on employers who break the law during union drives. It also would force employers to the negotiating table and impose mandatory arbitration when employers refuse good-faith bargaining for a first contract.
“I think it would finally make the employer respect your rights,” Burks said.
AUTHOR BIO: Tom Conway is the international president of the United Steelworkers Union (USW).
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How corporations plan to eviscerate workers’ right to strike
Joe Oliveira and his coworkers relied greatly on donations of food and gift cards after going on an unfair labor practice strike against multibillion-dollar specialty steelmaker ATI in 2021.
They cut household expenses to the bone, burned through their savings despite the public’s generous support of their cause, and held fundraisers to help one another cover mortgages and car payments during three and a half months on the picket line.
As much as the strike tested workers, however, it pressured ATI even more and ultimately enabled Oliveira and more than 1,300 other members of the United Steelworkers (USW) to secure long-overdue raises and stave off the company’s attempt to gut benefits.
Corporations so fear this kind of worker power that they’re asking the U.S. Supreme Court to rig the scales and help them kill future strikes before they even begin.
Glacier Northwest, a company in the state of Washington, sued the International Brotherhood of Teamsters seeking compensation for ready-mix concrete that went to waste amid a weeklong drivers’ strike in 2017.
The Washington Supreme Court threw out the case, but Glacier Northwest appealed to the U.S. Supreme Court, betting a right-wing majority that’s already proven its animosity toward unions would seize the opportunity to kick working people once again.
Corporations anticipate that a ruling in favor of Glacier Northwest will encourage a frenzy of similarly frivolous claims against unions nationwide, bleeding precious resources and eviscerating workers’ right to strike.
The justices held arguments on the case on January 10, 2023, but it’s not known when the court will rule.
“That’s our greatest strength,” said Oliveira, vice president of USW Local 1357 in New Bedford, Massachusetts, pointing out that the right to strike helped working people over many decades win not only fair wages but also retirement security, safer working conditions, and fairness on the job.
“It’s rotten when it comes to that point,” he said. “It’s very hard on families. It’s not any fun. But I think it’s probably the greatest weapon we have in our arsenal.”
And it’s sometimes the only way to force employers like ATI to bargain in good faith.
The USW made progress toward a new contract with ATI before COVID-19 hit in 2020. But when negotiations resumed in 2021, the company demanded unnecessary concessions that not only failed to recognize the sacrifices workers made during the pandemic but also would have compounded the harm ATI inflicted on the union members with a months-long illegal lockout that began in 2015.
“There was absolutely no way we were going to go for that,” recalled Oliveira, noting his coworkers and USW members at several other ATI locations overwhelmingly authorized the strike and then stood strong together until ATI came to its senses and began bargaining in earnest.
The shared struggle brought workers even closer together.
Oliveira could scarcely believe his eyes when striking USW members from ATI locations in Ohio and Pennsylvania showed up unannounced at one of his own local’s fundraisers. They drove hundreds of miles to support their USW family.
And Oliveira recalled how his heart swelled when the president of a large Pennsylvania local—one with hundreds of members—stood up at a meeting and vowed to continue fighting until ATI agreed to job security language that the 60 union members in New Bedford urgently needed.
“He was adamant about that. It was an unbelievable moment for me. Being a small local, it meant a whole lot to us,” explained Oliveira, adding that the New Bedford representatives also “showed our integrity” by going to bat for language that workers in other locations wanted just as much. “I couldn’t be more proud to be a USW member.”
That’s exactly the kind of strength that Glacier Northwest and its pro-corporate allies hope to decimate with a Supreme Court ruling giving companies free rein to try to divide workers and suppress strikes, creating a sword that will hang over every union when its members are left with no choice but to consider striking.
Glacier Northwest failed to make adequate preparations for the strike, leaving it unable to deliver the concrete that remained in drivers’ trucks at the start of the walkout. The company now wants the union to pay for the undelivered concrete—an outrageous demand when the very purpose of a strike is to put economic pressure on unreasonable employers.
When planning a strike, unions often meet with management to discuss an orderly shutdown of operations because the workers, who care about returning to a safe plant when their strike ends, want to avoid damage to the furnaces, smelters, and other equipment where they work.
“If you’re worried about losing product, don’t be a jerk. Sit down with the union,” Oliveira said, stressing that unions strike only as a last resort.
While Glacier Northwest’s suit seeks to punish workers for striking, it’s increasingly common for employers to throw workers into the street with lockouts, refusing to let them do their jobs in an attempt to force concessions.
And Glacier Northwest’s alleged losses pale next to the harm companies intentionally inflict on workers, families, and communities during labor disputes.
After locking out about 1,200 USW members in Massachusetts in 2018, for example, National Grid brought in less experienced managers and scabs to perform the highly dangerous work of maintaining natural gas lines.
Besides depriving workers of their paychecks, National Grid callously cut off their health coverage, leaving families scrambling to care for grievously ill children.
“You’re basically just a number to them,” said one union member, explaining how National Grid ripped away his health insurance shortly after doctors found cancer in his young son’s kidney and lymph nodes.
The option to strike remains as crucial as ever, Oliveira observed, noting that employers are doubling down on union-busting efforts as more and more Americans seek to join unions in the wake of the pandemic.
An adverse decision in this case will be just another weapon that American companies will use to force their workers into less favorable contracts.
“We can’t afford to go backward,” Oliveira said. “We need to go forward. We need more rights, not less.”