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Banner courtesy of RicTresa, OS blogger and graphic artist extraordinaire - thank you, Ric! I am a middle-aged professional woman who needs to remain anonymous on the web for job-related reasons. I used to be a hippie peacenik, and still am a socialist. If you like my blog posts and/or my comments on those of others, I strongly encourage you to check out the link below under "My Political Matrix." Thanks for looking!

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DECEMBER 6, 2008 3:59PM

Laid-Off Workers Occupy Factory

Rate: 13 Flag

Today's news brought a very interesting AP story, as reported on the San Francisco Chronicle's webpage, here.

The workers are only demanding the vacation and severance pay they are owed, rather than demanding that the plant be turned over to them for operation under their control. Still - it's a start, and the fact that the union (the UE) is apparently supporting the sit-in may signal a change of direction for organized labor from its increasing passivity ever since Reagan broke the PATCO strike (and before). We can hope, anyway.

Hooray for the brave employees of Republic Windows and Doors!

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labor, layoffs, economy, unions, politics

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I’m always encouraged when people take action such as this. I wonder if we’ll see more and more of it as things continue to get worse…

Rated for the feed
Thanks, Rick! I'm hoping we will see more of this sort of thing.

Wouldn't it be great if the UAW occupied the Big Three factories and demanded that in exchange for any bailout, the Big Three must agree to retool their factories to produce green cars; support the creation of a nonprofit single-payer health care system; and agree not to outsource any aspect of their businesses unless the supplier pays union wages and benefits equal to those provided for under the UAW contracts? Then we'd really be getting somewhere!
Update: As of today (Sunday), according to the Chicago Tribune, the workers are still occupying the plant, and determined to stay. A meeting between the union and management is scheduled for Monday afternoon. It will be very interesting to see how this pans out.
Welcome to the party, O. For several years I was the only blogger picking up stories like this. Then Jordan Barab started Confined Space and Nathan Newman started blogging. Even as late as 5 years ago there were fewer than a dozen blogs regularly airing labor news. I hope it will become a regular thing here. We need more voices to penetrate the deafening silence. Studs Terkel pointed out years ago that every newspaper in America had a Business Section, a Real Estate Section, a Lifestyle Section, but NOT ONE had a Labor Section. It's up to us cause they ain't gonna do it.

As for the story itself, I'm with Rick. It's encouraging, the kind of thing that used to happen in the 30's that got FDR energized. I'm very curious to see how Obama will react.
Republic Windows and Doors workers lead the way. Now if we could get the autoworkers to take over their factories. And in response to the cuts in education have the students and teachers walk out for full funding. The state workers shut down state government in opposition to proposed budget cuts....we might actually get somewhere.
Wronged employees cannot continue to sulk in silence. We must stand for ourselves even when few in power are running at breakneck speed to stand beside us. The bank has since stated no responsibility for the company's financials and I'm afraid, they're right, but the accountability can be easily charged to the business owners. As the economic ricochet effect continues, we can expect to see more workers fighting the powers that be in the future.
Thanks, all! No reaction yet that I've seen from the Big O, but - somewhat to my surprise - the news coverage seems to have been generally quite sympathetic; the police are taking an hands-off attitude; and at least two Democratic political figures (Illinois rep Luis Gutierrez, and Jesse Jackson) have expressed support.

Interesting note: All of the individual workers whom I have seen named and/or quoted in stories about this struggle have been Latino. Perhaps that cultural connection may have something to do with their willingness to break with the decades-long passivity of the US labor movement. Workers in at least some Latin American countries have a more recent history of active fight-backs.

For more on this story, and a message from the union seeking support, see this roundup at Portside.org.
I think the public is pretty mad about things lately and is on a kind of hair trigger almost wishing there'd be a bit of action so they can know the government and business leaders understand it's serious. But all of that said...

Neither from this post nor from the underlying article could I understand why they took this action. As I understand it, the money owed is in fact owed. So why didn't they just call their Attorney General or file some sort of injunctive action in court? This gets a lot of attention for something that looks like a grand injustice, but really it looks like a simple breach of law for which there are ordinary remedies. I don't know California State Law on this particular point, but I find it hard to believe it could be much more conservative than Massachusetts State Law. In Massachusetts, my understanding is that if these benefits are not paid in an incredibly short period of time (Wages, including accrued vacation days, must be paid on the day of termination when an employee is involuntarily terminated, for example.) Any violation results in triple damages and puts the lawyer's fees on the offender. Massachusetts employers are very meticulous as a result on issues like this. Click here for one of many available references on the matter.

It looks to me at quick glance like California has a similar law: “An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Labor Code Sections 201 and 227.3
Kent: This is in Illinois. I don't know if that state has a similar law or not, but even if it does, the legal process even at its fastest takes time, and getting the back wages plus penalty six months after the fact, after you've lost your home because you couldn't pay the rent/mortgage, and your credit rating has been ruined because you couldn't pay your bills, does not help much.

Plus, as I understand it, these folks are trying not only to collect back wages and vacation pay, but also the severance owed them under an Illinois advance plant closure notice law. That money may or may not be covered under the strict laws about payment of back wages - even if Illinois has such a law. AND - the employers are claiming they don't have the money to pay, and their bank won't lend it to them. Squeezing water out of a stone requires the application of a great deal of pressure.

Under all of those circumstances, I applaud the workers for taking direct action, which has garnered them attention and publicity - and the concomitant spotlight and heat on the plant owners - that would never have been available to them had they quietly pursued whatever administrative and/or judicial remedies they may have available under Illinois law. Plus, occupying the plant doesn't preclude them from doing that in addition. It just makes it more effective, because the bosses are under more immediate and direct pressure to comply!
Latest update: The New York Times reports that the Governor of Illinois has told Bank of America, which apparently holds the pursestrings in this situation, that the state will no longer do business with it unless and until it releases the company's line of credit so the workers can get paid. The Illinois Department of Labor and Attorney General are also getting involved.

This sit-in is clearly proving to be a very effective tactic. It has garnered a lot of sympathy - including positive remarks from the Big O (see the NYT story linked above) - and I have not yet seen any criticism.

I hope workers at other troubled plants will take the hint. Direct methods of collective labor action - nonviolent, of course, unless and until there is a need for self-defense - are the most effective means we have of fighting for what is rightfully ours!

PS: The NYT story also reports - confirming what I surmised in an earlier comment - that 80% of the workers at the plant are Hispanic.
"the sit-in may signal a change of direction for organized labor from its increasing passivity ever since Reagan broke the PATCO strike"

One can hope that this is the little rock that starts the avalanche. As I wrote elsewhere I have never belonged to a union, but I support what they stand for and pray for the day that they make a comeback in terms of caring for the American worker and the American workplace.

If someone sees any information on where to send a few bucks to support these folks, print it here. I for one would be glad to donate.
ChicagoGuy has an update on this story, here.
I proposed a statment of solidarity at our union meeting today and it looks like there should be some action by the executive committe in that direction. It appears that workers are inspired by the bold actions of the Republic Window and Doors workers.