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Worse Than Reported

September 29, 2011:  Prior to the election in July many workers even pro union supporters were too scared to come forward and tell their stories.  Others were too brave and because they could not be protected from discharge under US law the union did not tell their stories.  With the election victory this has changed many things enabling more stories of the conditions inside Danville to be reported

In January 2010, a print line operator was injured because a lead worker turned on the machine while the print operators fingers were still in it as he was cleaning it.  His fingers were caught and crushed.  As his fingers continued to swell and turn color he was taken into the supervisors office and asked to sign his discipline papers BEFORE they would take him to the Primary Care medical facility.  He asked how he was to sign since his writing hand was the hand that was injured and it was now swelled to the point that he could not use it even to sign his name.  The Supervisor told him to sign with his other hand which he did in order to get medical treatment.

He was disciplined for being injured when the root cause was that his lead worker turned on the machine without checking. 

We had already reported that a worker in July had passed out from the heat inside his department and was transported off site for medical care.  He left the operation on a stretcher.  We can now confirm that he too was given a point for leaving work early.

Last summer, the Band and Board Department was sent home early.  The Supervisor failed to do the proper paperwork and every worker in the Department was given a 1/2 point for leaving work early even though they were ordered to do so by the Supervisor. 

According to the Swedwood Co Worker Handbook:  “An employee who accumulates 2 more additional points (9 points total) during a rolling twelve month period will be terminated.”

Every time you miss because of being sick you get a point even with a doctors slip.  If your children are sick you get a point.  If your car breaks down you get a point.  Now we know if your told to go home or carried out on a stretcher or get injured on the job you get a point too.

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Swedwood’s Anti Union Law Firm Continues ILO Violations

September 23:  Today Swedwood refused to allow the union to have free communications with its members on bulletin boards in Swedwood plant in Danville.  By restricting free speech Swedwood has again interfered into the internal  operations of the union.  It is clear from these types of behaviors that Swedwood is not serious about building a partnership or engaging in genunine social dialogue with the union

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Mandatory Overtime Returns

At 7:03 om September 16th, Supervisor Ben Pierce threatened two shifts of workers with double penalty points if they refuse mandatory overtime scheduled for Saturday.   This is the fourth time since Swedwood announced the end to mandatory overtime that Swedwood has forced workers to work.  Only this time if you call in absent instead of getting 1 point we will receive 2 points. 

Workers are supposed to be terminated if they receive 9 points in a year.  So if workers are really on Saturday they will get 22% of the points needed to be fired at one time.  Just another reason why workers voted for the union.

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Another Serious Injury Plagues Swedwood in Danville

Another lost time injury occurred as a result of a machine being altered from its manufacturer’s specifications to make it easier for operators to feed “re work” back into the line. This is typical of Swedwood’s attitude that safety should be compromised to make it easier to fix errors which of course should not have happened in the first place.

How many more workers must be hauled off to the emergency care facility before Swedwood management realizes that “safety first” means exactly that. In a “safety first” environment no one would alter the manufacturer’s safety guards or fences.

The other cause of this serious accident was that management puts such pressure to keep the line running at any costs that workers understand that if they stop the line to fix problems they will get disciplined.

It is way past time for Swedwood to stop fighting the union and form a partnership with them to make the work place a safe environment.

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Appeal to PM Singh to intervene to curb the undermining of the rights of contract workers in India

In a letter to Dr. Manmohan Singh, Prime Minister of India,  BWI General Secretary Ambet Yuson asked today  to intervene to curb the undermining of the rights of contract workers in India. Following the complete letter:                            

Dear Prime Minister Singh:

 On behalf of the Building and Wood Workers International (BWI)[1] I would like to extend my sincere greetings to you.

It is impressive to note that India has gradually transformed into one of the fastest growing emerging economies in the World.  Good Gross Domestic Product (GDP) numbers with the increasing Foreign Direct Investment (FDI) and the advent of the Multinational Corporations in the country – it seems it all augurs well for the Indian economy, but unfortunately not for the workers who are fuelling this growth.  The contractualisation of work is on the rise and the rights of the casual and contract workers are severely being under-mined despite the existence of the Contract Labout Act, 1970 in the country.

As a Global Union Federation, the BWI is alarmed and concerned on the plight of the contract workers and would like to draw your attention to curb the gross violations. The Indian Contract Labour Act, 1970 clearly mentions that contract workers performing similar kind of work as regular workers will be entitled to the same wages and service conditions as regular workers.  However, according to our affiliates in India, this is far from the reality at the work place.

 One of the particular sectors of concern where contractualistion is on the rise is the cement industry in India, one of the largest producers in the world.  With liberalisation, major cement companies such as Lafarge, Holcim, Italcementi, Heidelberg, and Cimpor have established major enterprises in India through mergers and acquisitions.  It has been a “win-win” situation for the management and probably for the Indian economy as well but not for the thousands of contract workers employed in the various operations. 

From the trade unions and workers’ perspective it would have been a “win-win” situation, if the contract workers were paid at par with regular, permanent workers doing the same or similar work as stipulated in the Indian Contract Labour Act, 1970.  All information and data we have collected clearly indicate that the number of regular workers is gradually on the decline whereas the number of contract workers is increasing. They perform unskilled to skilled jobs in industries, but do not enjoy the wage and pay structure, benefits and social security available to the regular workers doing similar nature of work.  Longer working hours and job insecurity are other factors that contract workers must face.

We, along with the national trade union centres of India have been raising the issues concerning the rights of contract workers.   In the recent past, there have been efforts through the Indian Labour Conference however it did not make much headway. In the changing context, it is time to expeditiously review and revisit the Contract Labour (Regulation and Abolition) Act, 1970 and introduce necessary amends to safeguarding the interests of the millions of the contract workers in the country.  We along with our affiliated unions in India are willing to provide all necessary cooperation as your government addresses issues facing contract workers.

Sincerely,

 Ambet Yuson, BWI General Secretary


[1] Building and Wood Workers’ International (BWI) is a Global Union Federation representing about 350 trade unions in the building, construction, wood and forestry sector from 135 countries and with a membership base of around 12 million. In India, 37 trade unions are affiliated to the BWI.

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Legal battles continue around ACC Holcim

On 16th August, Writ Appeal 191/2011 filed by the ACC Holcim was listed for hearing before a Division Bench of Justice Satish Agnihotri and Justice Radheyshyam Sharma. But since Justice Agnihotri had earlier heard the Writ Petition 1659/2006 ( from which the Appeal arises) for some time, and then made an exception of it, i.e directed that the case should not be listed before him, so it was delisted through a Notice put up by the Additional Registrar (Judicial) just before the Bench sat.  Now the case will be sent to the Chief Justice to be allotted to some other Division Bench.

The PCSS also filed its Writ Appeal against the Writ Petition 1659/2006 on 16th August, since it does not appear that the Management is at all willing to come to the negotiating table. The Writ Appeal of the PCSS will be linked with that of the ACC, and so it has not been listed as yet.

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Holcim CEO will meet BWI and ICEM

As reaction on the report to the Jamul plant visit June 16, 2011, the Holcim CEO invited BWI and ICEM  to the Holcim headquarters in Zurich “to dialogue on the issues brought up”. Holcim management underlines that they disagree with the findings of the delegation and generally on the matters set forth in our communications. The planned meeting will take place in January 2012.

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Swedwood Risks Discrimination Claim

Swedwood Danville has again filed a position without positing it.  By not positing it they prevent anyone qualified from applying.  This generates the risk that workers who are protected against discrimination by US law may file a claim against Swedwood.  In such cases it becomes far more difficult for Swedwood to defend itself since it filled a position without going through the normal positing process.  It is impossible for Swedwood to claim they hired the best available worker for the position since no one applied for it since no none knew a position was available.

There appears to be a trend that Swedwood posts jobs when the union raises the issue and then tries to sneak one in by by not posting it.  They have already on several occasions told workers about promotions before the job was posted.

Swedwood workers are convinced that the newly created supervisor job was designed for one worker and that is why it was never posted.

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NLRB Launches Investigation At Swedwood

Swedwood Follows Anti-Union law firm advise and Refuses to Bargain Changes

September 7:  The second week of an investigation at Swedwood by the National Labor Relations Board began today with additional interviews.  The Board is investigating whether or not Swedwood violated US law by: refusing to bargain changes put in place since the election, threatening union supporters following the election, and denying workers access to shop stewards during a disciplinary meeting.

It is rare that the Board actually issues charges because proving violations is very difficult.  The most common outcome is for the situation to result in a “he said” and “she said” scenario.  One party describes one set of behaviors and the other a different set of behaviors of the same situation.  This is evidence of the ineffectiveness of U.S. labour laws. 

However, what may be different this time is that since workers now have some protections because they are part of the Machinists Union, more of the workers may be willing to take the risk of telling the truth.  Even so it is still very scary to testify before the Board Agent and know that your employer will learn that you told the truth.  Sometimes it appears that even when the truth is told, it is not enough.

Swedwood has recently changed the line speed on the Pack line in order to speed up production.  U.S. law clearly states that all changes in working conditions must be bargained.  Instead of notifying the union it claims that since it used to change the line speed before the election it can change the line speed after the election.  It remains to be seen if the Board will recognize the difference between line speed changes that resulted from increased staffing and line speed changes that do not arise from increased staff.

The situation also applies to temporary workers.  Prior to the election Swedwood announced very publicly that they were ending their policy of using temporary workers.  Yet after the election they immediately resumed using temporary workers.  This is another change that should be bargained.

The fact that Swedwood’s anti-union attorney is advising Swedwood not to bargain these changes instead of respecting the election results and talking to the union is troubling.  The law firm is advising Swedwood to try to get away with everything they can. This suggests that bargaining will be very difficult and that Swedwood has no intention of honoring or respecting the wish of its workers to be represented by the IAMAW.  In every case the IAMAW has notified of Swedwood management of its desire to bargain the changes and in every case Swedwood’s anti union attorney has responded that they refuse.

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Multiple Wrongs Don’t Make a Right!

After publication in this blog about a worker being denied a promotion as a result of the union election, Danville Swedwood management corrected the situationa and gave the worker the promotion promised before the election.  However in the process of correcting that wrong they denied the promotion of another worker who was told that she would get the position instead of the union supporter.  The root cause of all of these problems is Danville Swedwood management’s inability to do open and transparent promotions.  Supervisors routinely tell workers in advance of announcing new jobs or promotions that they will get the position.  Sometime they do this to reward friends and sometimes they do it to demonstrate their power.  In all cases it is wrong.

The most recent example is of a  new hire named Will Adams.  The starting rate at Swedwood for the pack line is for most workers USD $8.50 an hour.  Mr. Adams started at USD$10.00 per hour.  Rumours spreading through the plant are that Mr.. Adams will be the  first Team Captain for the new line to start soon in MPS.  Whether or not Mr. Adams has unique qualifications to warrant the higher starting pay or whether or not he has unique skills that would make him a superior Team Captain is not the issue.  The issue is that it appears decisions by management have already been made that are prejudicial to existing workers who would also be superior Team Captains and who have greater knowledge derived from their experience on the job. 

Promotions must be transparent and based on knowledge, skills, and abilities, not a Supervisors preconceived notion of these or any other friendships that may exist.

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