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Warehouse Worker Resource Center

Improving working conditions in the warehouse industry in Southern California

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Global

U.S. Government Issues Complaint Against Major Warehouse on City of LA Property

March 29, 2016 by dean

Trial Will Be Held on Retaliation against Direct and Subcontracted Workers

 

Port of Los Angeles, CA (March 29, 2016) – After a 6-month investigation into allegations that managers at a major warehouse serving retailers including Amazon, Lowe’s and Kmart Sears, routinely violated U.S. labor laws, harming both company employees and those employed on site by a staffing agency, Region 21 of the National Labor Relations Board (NLRB) has found sufficient evidence of law-breaking to issue a Complaint against the company, California Cartage, which operates on property owned by the City of Los Angeles at 2401 E. Pacific Coast Highway.

 

The complaint, which will go to trial as Case 21-CA 160242, finds merit in the allegation that California Cartage managers:

  • Threatened workers with termination if they took collective action;
  • Interrogated workers when they took heat breaks; and
  • Discouraged workers from taking collective action through implicit threats.

 

The workers at this warehouse at the largest port complex in the nation have been demanding basic respect, safety, and fair scheduling at their workplace, and have faced retaliation since the beginning,” said Celene Perez, Co-Director of the Warehouse Worker Resource Center, which filed the charges and has been supporting the workers’ efforts. The workers first raised concerns in late 2014, when they filed a Class Action lawsuit alleging violations of the City of Los Angeles Living Wage. Since then, they have secured a Cal/OSHA complaint around workplace health and safety hazards that resulted in citations in November 2015, and gone on strike twice to protest the company’s persistent violation of U.S. labor laws under the National Labor Relations Act (NLRA).

 

The complaint was issued against California Cartage management for their actions against workers both directly employed by them and subsidiary Orient Tally, and against workers employed through a staffing agency. “We know that Cal Cartage is in charge of all the conditions in here, and it’s good to see the NLRB is holding them responsible for their treatment of all workers, temp and direct,” said Victor Gonzales, a California Cartage worker who has worked at the warehouse through staffing agency AMR for over five years.

Filed Under: Global, News, Press Releases, Uncategorized

Labor Rights Watchdogs Call Walmart/Gap Plan a Sham

July 10, 2013 by dean

FOR IMMEDIATE RELEASE: WEDNESDAY, JULY 10, 2013

Reacting to apparel giants’ response to tragic fires and building collapses in Bangladesh several anti-sweatshop groups faulted the retailers, led by Gap and Walmart, for refusing to join the binding agreement signed by Tommy Hilfiger, Calvin Klein, Sean John, Abercrombie & Fitch and 60 European companies.

The following statement was issued by the Worker Rights Consortium, Clean Clothes Campaign, International Labor Rights Forum, Maquila Solidarity Network and United Students Against Sweatshops:

Walmart and Gap, two corporations whose failure to protect worker safety has led to numerous worker deaths in Bangladesh, today announced a corporate-run factory auditing scheme, another in the long series of ineffective corporate auditing programs that these companies have touted for years. Walmart and Gap – joined by many, but not all, US brands and retailers – have refused to sign the binding Accord on Fire and Building Safety in Bangladesh, an enforceable worker safety program with more than seventy company signatories from more than fifteen countries. Walmart, Gap and the corporations that have chosen to join them, are unwilling to commit to a program under which they actually have to keep the promises they make to workers and accept financial responsibility for ensuring that their factories are made safe. Instead, they offer a program that mimics the Accord rhetorically, but that omits the features that make an agreement meaningful. We explain in detail below why this scheme falls far short of the program embodied in the binding, enforceable safety Accord.

1) This is a company-developed and company-controlled program “founded by a group of 17 North American apparel retailers and brands who have joined together to develop and launch the Bangladesh Worker Safety Initiative.” Worker representatives are not part of the agreement and have no role whatsoever in its governance. Given the grave risks facing millions of workers in Bangladesh, there can be no credible or effective program without a central leadership role for worker representatives, as in the Accord on Fire and Building Safety in Bangladesh.

2) Under the Gap/Walmart scheme, brands and retailers are not obligated to pay one cent toward the renovation and repair of their factories in Bangladesh. Companies are only obligated to pay administrative fees to cover a training program, overhead, etc. Beyond this, there are no financial obligations. The only assistance for renovations referenced in the “Alliance” documents is a purely voluntary loan program, “administered solely by the Member [i.e., the brand or retailer] who makes such funds available, on terms and conditions to be established solely by that Member.” The “Alliance” documents explicitly state that providing such funds is “not a condition of membership in the Alliance.” Walmart, Gap and their allies claim that unnamed companies will make $110 million in loans available, but this is a voluntary aspect of the program and there is no way of knowing whether any company will follow through. Under the Accord, brands and retailers are obligated to ensure that all necessary funds are available to cover the cost of renovations and repairs at every covered factory. This is not a voluntary pledge, but a binding, enforceable obligation. The priorities of Walmart, Gap and their allies are clear. Under the Accord, the bottom line is factory safety. Brands and retailers must pay what it takes to make all factories safe. Under the Gap/Walmart scheme, the bottom line is limiting the brands’ and retailers’ costs. The mandatory costs for brands and retailers are capped from the start and limited to a maximum of $1 million per year, with no mandatory commitment to pay for factory renovations and repairs. This means most workers will continue to work in dangerous factories.

3) Under Walmart/Gap scheme, the brands and retailers control the factory inspections. The only role of the “Alliance” is to propose standards and methods and accredit auditors. The brands and retailers choose the auditors, pay the auditors, and control the inspections. The supposed check on the company inspections will be a “spot check” system. Unfortunately, because the Walmart/Gap scheme involves no power sharing with worker representatives, but is instead an industry-controlled program, these “spot checks” will consist exclusively of corporations checking on the inspections of other corporations. If all of this sounds very similar to the failed “CSR” programs and auditing schemes that brands and retailers have been using in Bangladesh for more than a decade, that’s because it is. The Walmart/Gap scheme preserves the very model that has failed workers for years and led to nearly two thousand deaths.

4) This “Alliance” of apparel brands and retailers imposes few obligations on its members – and those it does impose are unenforceable. Under the terms of the “Alliance,” any company can walk away whenever it wants. The sole penalty for doing so is that the company has to pay part or all of its administrative fees, depending on how soon it chooses to quit. The total potential cost to the big players is a maximum of $5 million. Walmart has revenues in excess of $400 billion. For a company with billions of dollars in revenue, such a penalty is a minimal cost of doing business, not a serious deterrent. This confirms what labor rights advocates have long predicted: that Walmart, Gap and companies like them simply do not want to make any promises they actually have to keep. What they want is to be able to make promises now, at a time of major public and media scrutiny, that they can walk away from whenever it suits them, at a token cost. Under, the Accord, worker representatives have the power to initiate enforcement proceedings against companies that fail to comply with their obligations. In contrast, as we heard from Walmart at today’s press conference, the only recourse workers have under the “Alliance” is to call a “hotline” or otherwise communicate their concerns to the brands and retailers who retain sole power and discretion.

5) Under the Accord, the right of workers to refuse dangerous work, including the right to refuse to enter a dangerous building, is protected. In the wake of Rana Plaza, the vital importance of protecting this right should be obvious to every company doing business in Bangladesh. Yet the Walmart/Gap scheme makes no mention of the right of workers to refuse dangerous work, leaving factory managers free to bully workers into dangerous buildings, like their counterparts did at Rana Plaza.

In addition to the fundamental flaws outlined above, which render the Walmart/Gap scheme ineffective, it is important to bear in mind the track records of these companies: the workers who have died in their contract factories and the unfulfilled promises they have made. Walmart has been in Bangladesh for nearly a quarter of a century, and has insisted year after year that it was working assiduously to protect the rights and safety of workers. Yet the company never carried out a single dedicated fire or building safety inspection prior to this year. Gap announced, nearly a year ago, a supposedly robust and comprehensive program to inspect and renovate all of its factories in Bangladesh. As of today, Gap has not cited a single example of a factory that has been renovated. Gap and Walmart have no credibility left on this issue.

###

Filed Under: All Posts, Global, Press Releases

Joint Statement from AFL-CIO and Change to Win Leaders on the Walmart/GAP Bangladesh Plan: Weak and Worthless

July 10, 2013 by dean

Statement by Richard L. Trumka (AFL-CIO) and Joe Hansen (Change to Win)

The so-called Global Alliance for Bangladesh Worker Safety, announced today by Walmart, Gap and the Bipartisan Policy Center, was developed without consultation with workers or their representatives and is yet another “voluntary” scheme with no meaningful enforcement mechanisms. Companies that sign onto the alliance but fail to meet a commitment face no adverse consequences beyond expulsion from the scheme. Instead, workers will continue to pay.

In stark contrast, more than 75 corporations from 15 countries, including the United States, have signed the binding Accord on Fire and Building Safety negotiated with Bangladeshi and international unions. The Accord has rules to make real improvements in the safety of garment workers.  Workers, unions and worker rights organizations negotiated this agreement with employers and integrated worker safety efforts by governments and the International Labor Organization (ILO).  The AFL-CIO and Change to Win,  along with global unions IndustriAll and UNI and numerous organizations representing Bangladeshi workers, also endorse it. The AFL-CIO and Change to Win reject the Walmart/GAP plan as a way to avoid accountability, limit costs and silence workers and their representatives.

Rather than sign the binding Accord, Walmart and Gap are pushing a weak and worthless plan that avoids enforceable commitments. The Bipartisan Policy Center, which has clear financial and political connections to Walmart, is releasing the document, which is the product of a closed process and has been signed only by the same corporations that produced it.

The Accord departs from the broken system of voluntary corporate responsibility in supply chains that has so often failed to protect workers. It makes a clear commitment to worker safety and rights, and to transparency. It expresses values that most countries uphold.

The Accord has been endorsed by the United Nations, the ILO, the government of Bangladesh, both the parliament and commission of the European Union, and the Organization for Economic Cooperation and Development (OECD). Members and leaders in both houses of the U.S. Congress have also endorsed the Accord.

In the last eight years, more than 1,800 Bangladeshi garment workers have been killed in preventable factory fires and building collapses while producing mostly for European and U.S. markets.  This tragic loss of life requires more than a wink and a nod from two of the richest corporations in the world. It means taking responsibility for the safety of workers by entering into a legitimate, binding process that will save lives.  Seventy-five brands have taken that important step.  It is time for Walmart and GAP to join them, rather than trying to undermine those efforts and maintain a system that has a long and bloody record of failure.

Filed Under: All Posts, Global, Press Releases

Background on the Historic Bangladesh Safety Accord

July 8, 2013 by dean

A broad coalition of trade unions – led by IndustriALL & UNI – and 70 market leading clothing brands & retailers today announces next steps for historic Accord on Fire and Building Safety in Bangladesh.


Download a PDF of the Accord here.


The signatories to the Accord, IndustriALL Global Union, UNI Global Union and the over 70 clothing brands and retailers, set themselves a 45 day period to draw up and agree on the next implementation steps and 8 July is the deadline. The Accord represents a new era of collaboration and sincere efforts to make the Bangladeshi garment industry safe and sustainable through comprehensive inspections, repairs of factories, training and involvement of workers.
All parties to the five-year binding Accord on Fire and Building Safety in Bangladesh are enthused by this milestone and the real work on the ground will begin soon.Key highlights of the implementation plan include:

  • Initial inspections – To identify grave hazards and the need for urgent repairs. This will be completed within 9 months.
  • An Interim Procedure to take effect when existing inspection processes or worker reports identify factories which require immediate remediation measures.
  • Hiring process commenced for the Chief Safety Inspector and Executive Director positions.
  • Governance structure established through a Steering Committee with equal representation of signatory companies and unions and an Advisory Board with broad representation in Bangladesh.

The Accord will cover all factories producing for the signatory brands, opening them all up for safety inspections and further measures depending on the factory’s significance to the brand. Signatory brands and retailers guarantee that in every case where an unsafe factory is found funds will be available for the necessary safety upgrades.

The Accord will be governed by the Steering Committee with equal representation of labour and company members. The Steering Committee will be empowered to take decisions to resolve disputes, with the arbitration to be enforceable in a court of law in the company’s home country. The selection of the Arbitrator in this process will be governed by the UNCITRAL Model Law on International Commercial Arbitration 1985. All action of the Accord will be transparent and publically reported.

IndustriALL General Secretary Jyrki Raina stated:

“This historic, legally binding Accord will effect tangible change on the ground and help make the Bangladeshi garment industry safe and sustainable. Voluntary initiatives have proved insufficient, as 1,800 Bangladeshi garment workers have died in factory fires and building collapses during the past seven years. A profound change is possible only with a strong coalition between trade unions, international brands and retailers, Bangladeshi authorities and employers, and with worker involvement in the workplace with guaranteed freedom of association.”

UNI Global Union General Secretary Philip Jennings commented:

“Now the real work starts. The terms of reference and the rules of the Accord are set in place, we can now identify the best people and put together the team in Bangladesh who will be charged with carrying out this vital work. These are exciting moments. The world is watching.”

The International Labour Organization (ILO) acts as an independent chair to enhance the Accord’s implementation. The labour NGOs Clean Clothes Campaign and the Worker’s Rights Consortium played an important role in supporting the Accord and will continue to do so throughout its five year duration.

Of fundamental importance to the Accord is that it includes a central role for workers and their representatives. Another central aspect of the Accord is that it commits signatory companies to staying in Bangladesh for at least the first two years of the Accord. The signatory companies to the Accord are making serious and sincere commitments to working with trade unions to clean up their production chain in Bangladesh. They can all be held up as standard-setters in the industry.

The full list of company signatories to the Accord (as of 7/8/13):

  1. Abercrombie & Fitch
  2. Aldi Nord
  3. Aldi South
  4. Auchan
  5. Belotex
  6. Benetton
  7. Bestseller
  8. Bonmarche
  9. C&A
  10. Camaieu
  11. Carrefour
  12. Charles Voegele
  13. Chicca
  14. Comtex
  15. Coop Danmark
  16. Cotton On
  17. Dansk
  18. Daytex
  19. Debenham
  20. Distra
  21. DK Company
  22. El Corte Ingles
  23. Ernstings’s Family
  24. Esprit
  25. Fat Face
  26. Forever New
  27. Gstar
  28. H&M
  29. Helly Hansen
  30. Hema
  31. Hemtex AB
  32. Herding Heimtextil
  33. Hess Natur-Textilien GmbH
  34. Horizonte
  35. Inditex
  36. JBC
  37. Jogilo
  38. John Lewis
  39. Juritex
  40. KappAhl
  41. Karstadt
  42. Kik
  43. Kmart (Australia)
  44. LC WAIKIKI
  45. Leclerc
  46. Lidl
  47. Loblaw
  48. Mango
  49. Marks and Spencer
  50. Metro
  51. Mothercare
  52. Multiline
  53. N Brown
  54. New Look
  55. Next
  56. Otto Group
  57. Primark
  58. PUMA
  59. PVH
  60. Rewe
  61. S Olivier
  62. Sainsbury
  63. Schmidt Group
  64. Scoop NYC / Zac Posen
  65. Sean John Apparel
  66. Shop Direct Group
  67. Stockmann
  68. Switcher
  69. Target (Australia)
  70. Tchibo
  71. Tesco
  72. Texman
  73. Topgrade International
  74. V&D
  75. Van der Erve NV
  76. Varner Group
  77. Voice Norge AS
  78. We Europe
  79. Zeeman

Filed Under: All Posts, Global

Changing the Conversation: Press Coverage and the 2013 Walmart Annual Meeting

June 17, 2013 by dean

Kalpona Akter BentonvilleKalpona Akter, a leading sweatshop critic in Bangladesh, addresses shareholder’s at Walmart’s annual meeting in Arkansas.

Walmart’s annual shareholder’s meeting is historically covered as a pep rally. Walmart is known for bringing A-list celebrities and packing the Bud Walton stadium in Fayetteville, Arkansas with a hand-picked crowd of at least 14,000 supporters. This year the contrast between the story Walmart likes to tell and the story that played out was stark.

Both Kalpona Akter, herself a former child garment worker and Janet Sparks, a Walmart employee from Louisiana, delivered speeches supporting two separate shareholder proposals. The women highlighted Walmart’s responsibility to workers domestically and abroad.

The following are key passages from major news outlets’ coverage of the June 7 shareholder’s meeting:

Walmart Yearly Meeting Follows a Narrow Script
The New York Times

Wal-Mart, in what appeared to be an attempt to counter employee and union complaints about thin staffing and low wages, centered the meeting on extolling the value of its employees.

…

As is common for Wal-Mart at these meetings, executives barely made mention of recent controversies, including issues of employee staffing and the Bangladesh factory collapse that killed more than 1,100 workers where Wal-Mart was shown to be producing garments. In addition, there is still the continuing investigation into potential violations of the Foreign Corrupt Practices Act in Mexico and other countries, after The New York Times reported last year that company officials at Wal-Mart de Mexico bribed officials to ease expansion in that country, and executives at headquarters were told of the bribery and declined to take action.

But that did not mean those issues did not come up.

During the brief portion of the meeting where shareholders could present proposals, criticisms were strong.

One presenter asked why Wal-Mart had not joined European retailers in a pact to improve safety standards in Bangladesh.

“The last six months have seen two of the worst disasters in the entire history of the garment industry,” said Kalpona Akter, a union activist in Bangladesh, referring to the Rana Plaza collapse and the Tazreen fire. “Both occurred in buildings where Wal-Mart goods were produced.”

“Don’t you agree that the factories where Wal-Mart products are made should be safe for the workers?” she said.

…

A shareholder and employee, Janet Sparks, who works at a Walmart in Baker, La., pushed the company on its pay and scheduling policies.

“Times are tough for many Walmart associates, too. We are stretching our paychecks to pay our bills and support our families,” said Ms. Sparks, a member of the union-affiliated employee group Our Walmart.

Referring to the chief executive Michael T. Duke’s $20.7 million in 2012 pay, she said that given the low wages store employees received, “with all due respect, I don’t think that’s right.”

There were cheers and applause from the crowd, a response that could be considered significant because the employees selected to attend the annual meeting are generally big Wal-Mart supporters.

Wal-Mart Renews Buyback Effort
Wall Street Journal

“We have a supply chain that is out of control and a failed safety-inspection system,” said Kalpona Akter, a former garment worker who is now an activist with the group Bangladesh Center for Worker Solidarity. At Friday’s meeting, she presented a shareholder proposal to empower the board to call for a special shareowner meeting to vote on important matters.

“In a country where apparel workers are dying by the hundreds, could there be any more pressing case for a special meeting of shareholders?” she said.

The sourcing controversy followed on an already tumultuous year for the retail giant.

Former Bangladesh Sweatshop Worker to Billionaire Walton Family: Use Your Walmart Fortune to Stop Worker Deaths
Forbes

Akter worked in a garment factory from age 12, toiling for $6 a month (and 450 hours a month) for eight years. Now the executive director of the Bangladesh Center for Worker Solidarity, Akter was flown in thanks to a grassroots campaign by labor activists Making Change at Wal-Mart, who raised $9000 on fundraising site Indiegogo. She traveled to Arkansas with Sumi Abedin, a survivor of the Tazreen Factory fire.

Walmart Celebrates at Annual Meeting as Protests Persist
Reuters

“We have a supply chain out of control, and a failed safety inspection system, in a country (Bangladesh) where apparel workers are dying by the hundreds. Could there be any more pressing case for a special meeting of shareholders?” Kalpona Akter.

…

Rose Campbell, a 58 year old who says she has worked for Walmart for four years, said that she is considered a full-time employee but typically does not get enough hours to work.

She joined OUR Walmart a year and a half ago.

“I’m fighting for my rights to have things better at Walmart,” said Campbell, who makes $9.60 an hour in her maintenance job at an Illinois store.

Walmart workers speak out: ‘I do not earn enough. I cannot survive like this’
The Guardian

But this year’s meeting may be less adulatory.

The company is facing pressure at home after a series of strikes and protests over pay and conditions. Walmart’s sourcing from factories with poor safety records is also under fire. Lobby group Making Change at Walmart raised over $9,000 on the crowdsourcing site Indiegogo to bring to the meeting Kalpona Akter, a former child textile laborer from Bangladesh.

…

Striking workers from union-supported group Our Walmart are also protesting against pay and conditions outside the event. They will be joined by workers from Walmart’s warehouse supply chain, which has been hit by allegations of poor conditions, wage theft, retaliation against workers who complain and a series of strikes.

Walmart Blocks Protesters, Announces $15B Share Buyback
Los Angeles Times

Warehouse workers from California traveled to Arkansas to join striking Wal-Mart workers at the meeting. Workers are striking to get more full-time hours and because the company retaliated against workers after they criticized the company, organizers said. Among the group traveling to the meeting was Kalpona Akter, a critic of working conditions in the garment industry.

Akter spoke inside the shareholder meeting Friday, calling on Wal-Mart to address worker safety following the collapse of Rana Plaza, the factory that collapsed killing more than 1,100 workers in Bangladesh. The company has come under increased criticism following the tragedies, which reportedly produced some clothing for the company.

“If the world’s largest retailer refuses to address the state of workers’ rights and working conditions seriously, things will not change,” Akter, the executive director of the Bangladeshi Center for Worker Solidarity, said in a statement emailed to The Times before she spoke at the meeting.

Additional Clips:

Striking Worker and Bangladesh Activist Address Thousands at Walmart Shareholder Meeting – The Nation

Walmart Meeting Spurs Protests Over Low Pay, Safety Issues—National Public Radio

Walmart Faces Scrutiny on Labor as Investors Gather for annual Meeting – Associated Press

Walmart Faces Scrutiny as Investors Gather – AP (CNBC)

Walmart Shareholders Question Mexico Bribe Scheme – Bloomberg

Walmart Annual Meeting: Glitz, Songs, Stock Buyback, Protests – Reuters

Walmart Under Fresh Fire from Investors – Financial Times

Why Walmart Won’t Change – Forbes

Filed Under: All Posts, Blog, Global

New Report Finds Child Labor Violations at Certified Walmart Shrimp Supplier

June 6, 2013 by dean

Global Aquaculture Alliance certification fails to protect migrant workers.

Contact: Sean Rudolph, International Labor Rights Forum, 202-347-4100 ext. 113
Elizabeth Brennan, Warehouse Workers United, 213-999-2164

WASHINGTON, D.C. – Longtime Walmart shrimp supplier, certified by the Global Aquaculture Alliance, engaged in serious violations of Thai law and international human rights standards, according to a new briefing paper released today by Warehouse Workers United (WWU) and the International Labor Rights Forum (ILRF).

The brief, titled The Walmart Effect: Child and Worker Rights Violations at Narong Seafood, documents a number of serious violations of Thai law and international human rights standards at Narong Seafood, a model shrimp processing company and longtime supplier to Walmart. Violations at Narong’s principle shrimp processing facility in Samutsakorn, Thailand include utilizing underage workers, nonpayment of wages, charging workers excessive fees for work permits, and an ineffective auditing regime.

Workers interviewed at Narong reported that until the factory began to experience a slowdown in production due to diseased shrimp, roughly 20 underage workers were employed at the factory. According to interviewees, most underage workers reported to work during the night shift along with 100 to 200 undocumented migrant workers employed at the factory. Interviewees also reported that during audits managers instructed underage workers who work during the day not to come to work.

In recent years, problems in Thailand’s shrimp processing industry have received considerable international attention. In response Walmart, the largest retailer of shrimp in the United States, established a partnership with the Global Aquaculture Alliance (GAA), an industry trade group, to create the Best Aquaculture Practices standards (BAP) to certify that its shrimp suppliers adhere to environmental and social certification standards.  Although BAP standards primarily focus on food quality and environmental issues, its standards do contain language on the treatment of workers. BAP standards for treatment of workers include specific language concerning minimum wage, use of underage workers, forced labor, and human trafficking.

“The case of Narong seafood casts serious doubt on the effectiveness of the auditing programs of the Global Aquaculture Alliance and Walmart,” said Judy Gearhart, executive director of the International Labor Rights Forum. “If workers are not empowered to address violations, if factory owners can evade detection with impunity, if audits are announced and never occur at night how can we trust that this system can protect workers, consumer health or environmental sustainability.”

The briefing paper calls on Walmart to begin working with labor and human rights activists in Thailand to ensure the rights of migrant workers who produce shrimp for Walmart are respected.

Read: The Walmart Effect: Child and Worker Rights Violations at Narong Seafood

***

International Labor Rights Forum is an advocacy organization dedicated to achieving just and humane treatment for workers worldwide. www.LaborRights.org

Warehouse Workers United is an organization committed to improving the quality of life and jobs for warehouse workers in Southern California’s Inland Empire. WWU engages with workers around the world who work in the supply chains of large global retailers. www.warehouseworkers.org

Filed Under: Global, News, Press Releases

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