Corporate Greed v. American Worker?

Note: Shortly after this story was written, the Caterpillar workers ratified a six-year contract that contained almost all of the concessions demanded by Caterpillar.  The contract doubled workers’ healthcare premiums, eliminated pensions, froze wages for some workers and diminished seniority rights. The strikers acted against the recommendation of the leaders of their union local – PGB

Many people say unions are passé these days but one does not have to look far to be reminded about why unions arose in the first place – to provide a voice for workers in the face of corporate greed.

Caterpillar is making record profits and has raised executive compensation while insisting upon a six-year wage freeze and a pension freeze for most of the 780 production workers at its Jolliet, IL, factory.

In April, the International Association of Machinists voted 504-116 to reject a six-year pact that Caterpillar offered. The union charged that the deal lacked raises, increased health care costs for employees and undercut union seniority rules.  Workers went out on strike on May 1, 2012.

The company, which earned a record $4.9 billion profit last year, recently announced second-quarter profits had climbed 67 percent. Meanwhile, the total compensation of Douglas Oberhelman, Caterpillar’s chief executive officer, last year rose 60% to $16.9 million. Five other top executives got raises averaging about 7%.

According to the New York Times, Caterpillar has been a leader in devising new ways to cut labor costs, such as two-tier wage scales and higher worker contributions for health insurance.

This time around, Caterpillar appears to be using a version  of generational warfare.

Caterpillar is insisting upon a wage freeze for its top-tier workers, those employed seven years or more; they average $26 an hour, or $55,000 a year before overtime. For the junior third of the workers who typically earn $12 to $19 an hour, Caterpillar has hinted it might raise their wages based on local market conditions.

Timothy O’Brien, president of International Association of Machinists Local Lodge 851, which represents the strikers, told the New York Times that  Caterpillar wants to push longtime workers into retirement and replace them with $13-an-hour workers. The union says Caterpillar also is demanding higher health care contributions from its workers, up to $1,900 a year more.

Caterpillar contends the workers are paid more than equivalent workers elsewhere,and the cuts are needed to keep the company competitive.

The workers receive about $150 a week in strike pay from IAM and free groceries.

The Wall Street Journal reported last week that more union members are crossing the picket line as they deplete their savings. Caterpillar said 95 of the IAM workers members had returned; the union says 79 have returned, which is up considerably from the dozen or so that had returned about two months ago.

The Caterpillar plant continues to churn out hydraulic components and other systems for Caterpillar loaders and mining trucks. The company is busing in replacement workers and using managers and union members who have crossed the picket line to run the company during the strike.

Observers say the showdown is being closely watched by corporations and unions across the country because it involves two often uncompromising antagonists — Caterpillar and the International Association of Machinists.

Caterpillar has already shown that it is deaf when profits are at stake.

Caterpillar locked out about 450 workers at its locomotive plant in London, Ontario last winter and then closed the factory after the Canadian Auto Workers rejected its demand to cut wages by 55 percent.  Caterpillar pulled the plug just three days after Canadian Premier Dalton McGuinty went to London and called on the company to “come to the table and demonstrate some flexibility.” The Canadian government gave Caterpillar a tax break to induce the company  to locate in Ontario in 2008.

When the Employer is the Bully

One of the most difficult workplace bullying scenarios occurs  when the employer is the bully.

Who do you complain to?

Three former employees of a Baltimore medical practice who were subjected to sexual harassment  by two of the company’s highest ranking officials complained to the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC announced Tuesday that a federal jury has awarded $350,000 in damages to the women.

The EEOC filed the lawsuit on behalf of the women against Endoscopic Microsurgery Associate’s Chief Executive Officer, Dr. Mark D. Noar, M.D., and  its Chief Financial Officer Martin Virga.

According to the EEOC, Linda Luz, a receptionist, was repeatedly subjected to unwanted sexual advances and a sexually hostile work environment by Noar and Virga. After Luz rejected their advances, the medical practice began retaliating against her by issuing unwarranted discipline, rescinding approved leave, and eventually firing her.

Administrator Jacqueline Huskins also experienced unwanted sexual advances from Noar and Virga, as did nurse Kimberly Hutchinson from Noar.

The Baltimore jury of nine returned a unanimous verdict for the plaintiffs and awarded each woman punitive damages of $110,000. The jury also held the claimants were entitled to compensatory damages in amounts ranging from $4,000 to $10,000.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964.

It says something about this employer that it failed to negotiate a settlement in this case when it had the opportunity to do so. The EEOC filed suit after attempting unsuccessfully to reach a pre-litigation settlement through its conciliation process. Publicity from this fiasco is not likely to encourage new patients to flock to the clinic, nor is it likely to encourage confidence in these medical professionals from existing patients. Duh.

“This verdict is significant because it reminds high-level officials who function as the employer that their high level does not give them license to abuse women – they must treat employees as professionals,” said Debra Lawrence, regional attorney of the EEOC’s Philadelphia District Office.

 

The Biggest Bully

 Some guy walks into a movie theater and shoots 71 people …

It sounds like a joke waiting for a punch line. But the joke is America’s lack of credible gun control and the inane theory advanced by America’s gun lobby that the U.S. Constitution guarantees any American the right to own an AR-15 assault rifle.

James Holmes, a 24-year-old graduate student armed with an AR-15 assault rifle, burst into a Colorado movie theater’s screening of The Dark Knight Rises, set off tear gas canisters and opened fire – killing 12 people and wounding 58 others. He also had a Remington 870 12-gauge shotgun and a 40-caliber Glock handgun.

Police arrested him near his parked car in the back of the movie theater. Another 40-caliber Glock handgun was found in the vehicle, and more than a thousand rounds of ammo. In recent days, Holmes had purchased 6,000 rounds of ammo over the internet.

Holmes, a floundering graduate student, was wearing a ballistic helmet, a gas mask, a throat protector, a tactical ballistic vest, a groin protector and ballistic leggings. Holmes had colored his hair red and told federal authorities he was the psychotic Batman villain “the Joker.”

He surrendered without incident.

There was no shortage of tears on Friday, including police officials traumatized by the massacre and movie theater employees  reeling from a workplace that had become a bloody battleground.

The dead included a six year old girl named Veronica.