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Warehouse Worker Resource Center

Improving working conditions in the warehouse industry in Southern California

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News

Senator Connie Leyva Introduces Legislation on Indoor Heat

March 13, 2016 by dean

California State Senator Connie Leyva has been a friend of warehouse workers from the beginning, when she was leader of United Food and Commercial Workers Local 1428.  In 2011, she witnessed firsthand the conditions Walmart-contracted warehouse workers face in the Inland Empire, including the severe heat that has led to Cal/OSHA citing fIMG_1992acilities in Chino for not having a plan to address indoor heat.  Unfortunately, the industry has made every effort to claim they have no responsibility for these conditions.  Even rulings by the Cal/OSHA Appeals Board that indoor heat is a hazard have not brought the industry to take responsibility for the conditions their workers face.

Now, Senator Leyva has introduced SB 1167, a bill that will amend the Occupational Health and Safety Standards Board for its adoption a heat illness and injury prevention standard for all indoor employees at risk of heat illness.  The WWRC strives to make sure that the struggles of individual workers are magnified to benefit thousands, through policy and industry change.  Thanks to Senator Leyva for introducing this effort to support basic rights for warehouse workers.  We will spend the spring helping the legislature and governor understand the need for this kind of basic right.

See more at: http://sd20.senate.ca.gov/news/2016-02-18-senator-leyva-unveils-worker-heat-safety-act#sthash.zovZ0LV9.dpuf

Filed Under: All Posts, Blog, News

Congressman Mark Takano Supports Eastvale Walmart Warehouse Workers

January 21, 2016 by dean

In Eastvale, California, Olivet International warehouse workers, who move suitcases for Walmart, have been fighting for a safe workplace for over 2 years. Olivet now is trying to push out these workers and replace them with temp workers by cutting their hours, attacking workers’ families by having work schedules that change day to day and trying to limit their restroom access.

Workers are demanding that Olivet Stop the Retaliation and provide Good, Safe Jobs Now!

Thank you to our allies especially Congressman Mark Takano who has been a strong advocate to have these jobs be good jobs for our community.  Congressman Takano wrote a letter to Olivet demanding that they treat these workers with respect!

 

Filed Under: Blog, News, Reports Tagged With: Olivet, Takano, walmart

Striking Warehouse Staff Call On Amazon For Better Pay And Conditions

October 18, 2015 by dean

 (Link to Article)

The busiest container port in the Western Hemisphere is ever so slightly less busy.

Staff at a major Los Angeles warehouse serving Amazon and other big retailers went on strike Tuesday, protesting unpaid wages and overtime, dangerous conditions, a lack of breaks and water during hot summer months, and retaliation by management against their organizing efforts. The strike continued on Wednesday.

The stoppage is the latest tactic in a campaign to improve conditions at the distribution center at the Port of Los Angeles, according to Sheheryar Kaoosji, director of the Warehouse Worker Resource Center. Workers and advocates have previously filed an Unfair Labor Practice complaint, a class-action lawsuit, and an Occupational Safety and Health complaint, the last of which triggered an ongoing investigation. The other cases are pending.

An Amazon spokesperson said the company had no statement on the matter.

The non-union workers at the distribution center are a classic illustration of the “Who’s the Boss?” problem that is widespread in the modern labor market: They are contracted by a staffing agency, which is contracted by the warehouse operator, which is contracted by Amazon and others. The multiple layers mean each party can claim it has little leverage to determine pay and conditions.

It’s an example of the “fissured workplace” the Department of Labor has focused on in recent months, issuing a new guidance on misclassifying contracted workers. Some labor experts say a recent National Labor Relations Board decision expanding the definition of “joint employer” could allow large corporations, such as McDonald’s or Amazon, to be held liable for labor law violations committed by contractors down the line, such as franchisees or warehouse operators. But such claims have yet to be tested.

Critics of efforts to reclassify such workers say the move could drastically upend business relationships to the detriment of companies heavily reliant on contract work, both large and small. While corporate giants like McDonald’s or Amazon would be hit by any such move, so would smaller business, including fast-growing tech companies in the so-called gig economy.

“The law is certainly becoming more friendly to claims of joint employer status, even in cases where there is no direct or immediate supervision by the putative joint employer,” wrote Benjamin Sachs, professor of labor and industry at Harvard Law School, in an email to BuzzFeed News. “The NLRB’s decision in Browning-Ferris Industries is the leading case in this evolution.”

In the Browning-Ferris decision, the NLRB found that two or more entities are joint employers of a single workforce if they share or co-determine matters “governing the essential terms and conditions of employment,” from hiring and firing to wages and hours.

Kenneth Lu / Flickr / Via flic.kr

The Democrat-controlled NLRB wrote in the ruling that “it is not the goal of joint-employer law to guarantee the freedom of employers to insulate themselves from their legal responsibility to workers, while maintaining control of the workplace.”

Such claims have been at the heart of campaigns to pressure big employers to improve wages and conditions for their frontline staff. Worker advocates hailed the ruling as a victory for millions at the bottom of the labor pyramid.

“This shared responsibility under the joint-employer standard should result in better oversight and compliance with important labor laws across industries,” wrote Christine Owens, the executive director of the National Employment Law Project, in response to the decision.

Business groups have contested the ruling, pledging to aggressively lobby against it and saying it will wreak havoc on industries based on profitable franchise and contract models.

Wikimedia Commons / Via upload.wikimedia.org

In Tuesday’s warehouse strike in L.A., distribution company California Cartage operates the warehouse, a set of three 1940s-era buildings where workers move products such as clothes, furniture, refrigerators, and electronics for retail giants. Amazon is the warehouse’s largest customer and accounts for more than a third of its business, according to Kaoosji. The center also serves Kmart, Sears, and Lowes.

While retailers have contracts with California Cartage, the distributor in turn contracts with staffing agencies, which provide workers to load and unload containers and trucks. The warehouse in question employs between 150 and 400 workers at any given time, many of whom have worked in California Cartage’s warehouses for years.

A spokesperson for California Cartage declined to comment.

“The city of Los Angeles and Cal Cartage customers like Amazon … need to know that the conditions at this warehouse are dangerous, that workers are not treated with respect, and that we are standing up for our rights,” said Jose Rodriguez, who has worked at warehouses operated by the company for over 22 years. “This warehouse moves products for some of the largest companies in the world, but pays us barely more than minimum wage.”

Wikimedia Commons / Viacommons.wikimedia.org(1954_film)#/media/File:Eva_marie_saint_marlon_brando_waterfront_11.jpg

Marlon Brando as a dockworker in On the Waterfront.

In September, workers and advocates filed federal charges alleging retaliation against workers at the warehouse. The parties state that supervisors tried to provoke a physical fight after employees asked to take a break during the excessive summer heat.

In December 2014, workers filed a class-action lawsuit against both California Cartage and SSI Staffing, alleging they owe millions in unpaid wages and overtime, dating back to 1999. The suit claims the companies have paid less than the mandated City of Los Angeles living wage for decades. The city’s Living Wage Ordinance requires public contractors and many companies that lease public land to pay workers with wages about $2–3 above the state minimum.

Kaoosji also describes workers facing a form of “on-call” scheduling. The suit claims that warehouse staff, like old-time dockworkers on the waterfront, are required to report to the site every day, but can be sent home without pay if they aren’t needed.

And in June, workers filed a complaint with the California Division of Occupational Safety and Health Association (Cal/OSHA), detailing dangerous work conditions, including unsafe equipment, lack of protective gear, and lack of training.

Via Wikimedia Commons

Many of the workers at the warehouse are immigrants, some of whom are not fluent in English. Advocates at the Warehouse Worker Resource Center have helped them prepare the legal documents they’ve filed in their attempts to improve working conditions.

As the Browning-Ferris ruling on “joint employer” has not been legally invoked in a case exactly comparable to this one, Amazon and the other retailers who contract with California Cartage have yet to be found legally responsible for conditions at this warehouse or similar ones.

But precedent now exists, and for many low-paid workers, the possibility of holding a major corporation accountable for their conditions may be their best bet yet at raising standards. Left-leaning labor law experts are optimistic this is the case.

“This ruling [in Browning-Ferris] simply means that corporations that share control over operations cannot feign ignorance or disclaim responsibility for illegal acts,” wrote NELP’s Owens. “Especially when those acts flow from the business model the lead company imposes.”

Until then, there is old-fashioned work-stoppage. Rafael Quinteros, who has worked at the warehouse for 20 years and walked off the job at 8 a.m. Tuesday morning, said the workers have no plans to end the strike: “We will stay out here as long as is necessary.”

Cora Lewis is a business reporter for BuzzFeed News and is based in New York. Lewis reports on labor.
Contact Cora Lewis at cora.lewis@buzzfeed.com.

Filed Under: News, News Clips, News Coverage Tagged With: Amazon, Cal Cartage

LA/Long Beach Port Warehouse Workers at Massive Walmart-Contracted Facilities Face Daily Danger

November 19, 2013 by dean

Workers appeal to state agencies to fix unsafe working conditions as port truck drivers strike.

For Immediate Release: November 18, 2013
Contact: Elizabeth Brennan at 213-999-2164

LOS ANGELES – Warehouse workers are told to clean a mysterious oil-like substance, men and women must share a single bathroom and workers are forced to illuminate dark shipping containers with the light on their cell phones at massive Walmart-contracted warehouses near the Ports of Long Beach and Los Angeles.

(Click for photos and video.)

Warehouse workers at American Logistics International, Inc. and Pacer International, Inc. in Carson, Calif.  filed detailed complaints with the California Division of Occupational Safety and Health, or Cal/OSHA Friday. Both warehouses are contracted by Walmart to load and unload its merchandise including toys, bikes, house wares and more that arrives by ship through the ports of Los Angeles and Long Beach. Workers made their complaints public Monday as truck drivers at American Logistics went on strike to protest retaliation.

“We’ve just scratched the surface at port warehouses and already we are finding workers in danger,” said Guadalupe Palma, director of Warehouse Workers United. “Workers have bravely documented Walmart’s negligence wherever it does business. Walmart’s negative impact on workers throughout Southern California, the nation and even the world is unparalleled.”

Since 2009, warehouse workers in Southern California’s Inland Empire – the massive logistics and warehousing hub about 50 miles east of Los Angeles – have bravely exposed dangerous working conditions, millions of dollars in stolen wages and massive retaliation in facilities there. This marks the first time non-union warehouse workers are speaking out about working conditions in the port area.

Temporary warehouse workers are employed by AMR Staffing at American Logistics and Tri-State Staffing at Pacer.  This is the second time Tri-State has been hit with serious safety complaints at Southern California warehouses. In January 2012 Tri-State Staffing and NFI, a warehouse operator, were cited for hundreds of thousands of dollars in violations at a warehouse complex in Chino, California that also moved Walmart goods.

“We deserve a safe work place where we are treated with dignity and respect,” said Susan Gutierrez , who is a warehouse worker at American Logistics.

Warehouse workers documented a host of safety concerns inside each of the two facilities including:

  • Forklifts with loads of  merchandise drive into containers leaving workers are trapped inside;
  • Blocked emergency exits;
  • No training or plan to respond to injuries on the job; and
  • Inadequate protective gear including a lack of boots.

“Every single warehouse where we talk to workers we find that working conditions are unsafe,” Palma said. “It’s time that retailers like Walmart actively work to ensure workers who are entrusted to move their merchandise – no matter where they work in the supply chain – are safe.”

At the Pacer warehouse worker are required to change or fill propane tanks without adequate training. Strong fumes permeate the warehouse. Workers labor inside dark shipping containers with only the light of their cell phones and goods are double and triple stacked at heights up to 30 feet without any support and they frequently collapse.

Additionally at the American Logistics warehouse, workers are trapped by forklifts in shipping containers that often drift and move because the wheels are not secure and are required to clean a mysterious oil-like substance from barrels stored at the facility.

Workers also spoke about the climate of fear inside the warehouse.

“We have been scared to say anything about the dangers inside the warehouse because we might be fired for speaking out,” said Maria Quezada, who works at American Logistics. “I need my job in order to support my family, but I also need my health so that I can be there for my kids.”

About 85,000 workers labor in warehouses in the Inland Empire, San Bernardino and Riverside counties, loading and unloading goods that enter through our nation’s busiest ports in Long Beach and Los Angeles en route to major retailers like Walmart. Many workers are temporary, paid low wages, receive no benefits, and have no job security. Thousands more service warehouses in the Port area.

###

Filed Under: All Posts, News, Press Releases

Southern California to Join Walmart Workers for Nationwide Day of Protests

September 3, 2013 by dean

Following strikes at the Port of Los Angeles, fast food restaurants and Inland Empire warehouses,

Southern Californians Plan Massive Demonstration After Walmart Failed to Meet the Labor Day Deadline

CONTACT: Elizabeth Brennan at 213-999-2164, Elizabeth.brennan@changetowin.org
Allison Mannos at 323-706-8320, Amannos@laane.org

LOS ANGELES – On Thursday, September 5, hundreds of Los Angeles supporters will join Walmart workers in a nationwide day of protests calling for better jobs at the country’s largest private employer. Following strikes at 60 fast food restaurants, warehouses in the Inland Empire and other low-wage worker protests, Southern California Walmart workers will lead a large march and demonstration through Downtown Los Angeles on Sept. 5.

WHO: Local community supporters
WHAT: Local residents participate in national day of protests for Walmart to improve jobs, raise wages
WHEN: 11:30 a.m. September 5 (note corrected time)

WHERE: March starts in Pershing Square, S. Olive and W. 6th St., Los Angeles

From Pershing Square the march will proceed through Downtown Los Angeles to culminate in a mass rally at N Broadway Ave & W Cesar E Chavez Ave, Los Angeles, California 90012. Chinatown is the proposed site of a Walmart store in Chinatown.

Watch workers’ video here.

The growing protests come after Walmart failed to respond to a Labor Day deadline set by tens of thousands of Americans calling on Walmart to commit to provide full-time work with a minimum salary of $25,000, reinstate workers who were fired for striking and agree to stop all retaliation against workers calling for better jobs.

Many Walmart workers are struggling to support their families and contribute to their local economies because of low wages, insufficient hours and ongoing efforts to silence workers who are speaking out for better jobs.

BACKGROUND:

The Organization United for Respect at Walmart (OUR Walmart)—a national organization of Walmart associates speaking out for a stronger company and economy—has been calling on the nation’s largest private employer to create better jobs. Rather than providing good jobs that American workers need and deserve, Walmart is trying to silence workers who are standing up with their co-workers to live better and spending its time and money trying to deny workers a decent day’s pay.

Since the prolonged strikes in June when 100 striking workers effectively had their concerns heard by thousands of shareholders, Walmart has illegally disciplined nearly 80 workers, including 20 worker-leaders who have been fired. In August 2013, the group gave Walmart a Labor Day deadline to change its ways.

For a full list of nationwide actions, visit www.makingchangeatwalmart.org.  For photos and video of strikers and their community supporters, visit http://changewalmart.tumblr.com. Or follow the conversation and see photos on Twitter at #Walmartstrikers.  

###

Filed Under: All Posts, News, Press Releases

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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