Dave Zirin: The ‘megaphone of sports’ is more global, powerful than ever

As the NFL staged its Opening Night Party in St. Paul Monday, protesters shut down streets downtown, calling on Super Bowl sponsors to support local schools and racial equity.

Donald Trump has made politics part of nearly every reporter’s beat. The president’s policy proposals and inflammatory public comments spark reaction and resistance that spill beyond the Beltway, outside the traditional spaces reserved for political debate.

Nowhere, perhaps, has the spillover been more apparent – or uncomfortable – than in the world of sports.

When Colin Kaepernick chose not to stand during the national anthem at a preseason game in 2016, the “take a knee” movement against police brutality in communities of color caught fire. TV networks squirmed over the impact on their ratings, shock jocks lit up sports radio with hot takes, and sports reporters started asking questions that went beyond X’s and O’s.

Dave Zirin has been asking those questions for a long time. A former student at Macalester College, he is the author of “A People’s History of Sports” and other books on how sports and progressive movements intersect. Zirin is at work on a book with Seattle Seahawks defensive end Michael Bennett, and he writes and podcasts regularly at edgeofsports.com. He offered up his thoughts on what Minnesotans can expect during – and after – Super Bowl week in this interview, which has been edited (albeit lightly) for length (he had lots of good things to say).

UA: Teachers, low-wage workers and progressive groups here are using the Super Bowl spotlight to lift up their own campaigns, and some of their messages are obviously inspired by the way pro athletes have used their platform lately. This isn’t a new phenomenon in sports, but to what degree are we witnessing something historic?

Dave Zirin (photo credit: Jen Maler)

DZ: We’re certainly looking at a massive uptick in what is a historical continuum. Sports has always been this very powerful place. We’re taught that sports is this level playing field, this epitome of America, where anybody who’s good can make it. Yet the reality of sports is it’s a very unlevel playing field. It’s also one of the few places that if you come from a working-class or poor background, you have this immense cultural capital to tell your story – and to speak about what’s happening in the world.

I would argue that events like the Super Bowl become more and more these kind of global political events, almost like an economic Trojan horse in these communities. The spotlight is so bright. We’ve never been at a point where the megaphone of sports is more global and more powerful.

UA: What would you say to local activists looking to divert that spotlight into the streets?

DZ: I would say that they are doing the right kind of work. They are part of a tradition that’s really fired up recently in Olympic host cities, World Cup host countries and Super Bowl host cities, where people use the fact the world is watching this particular space to speak about everyday injustices in that space – and also how those injustices are aggravated by hosting these mega-events. People who are homeless find themselves under attack, sex workers find themselves under attack, union workers who might want to exercise their rights for the next week find themselves under attack. It’s not just about leveraging the spotlight, it’s about mounting a very real defense campaign against what these mega-events bring.

We’re talking about an increased police presence, the privatization of public space. We’re talking about the fact that the city is bending over backward to almost create a Potemkin village for the 1 percent that’s coming in. They seek to create this fake veneer of what the city actually is… And then as soon as those people leave and the media leaves, it all gets torn down. And when it all gets torn down, that’s also when it gets really dangerous for people because there’s this push to try to keep some of what’s been in there, whether you’re talking about stepped up police presence or closed-circuit TV cameras. I’ve been to so many Super Bowl host cities and Olympic or World Cup host cities, and that’s what they always say, that there becomes this mission creep…

UA: Twin Cities corporations spent $52 million to lure the Super Bowl to town, and the NFL won’t pay for much of anything this week as a result. What’s the local cost of this willingness to bend over backwards for the NFL and other pro sports leagues?

DZ: We have to suss through this. The actual cost, tragically, is not something that we’re going to be able to know until weeks, if not months, after the event itself. There should be an economic forensic exam, and the unions should take the lead on that. We can’t expect Democrats to do it for us… When they say they don’t have enough money for schools, for health care – this isn’t a question of having enough money, it’s about priorities.

UA: Are attitudes toward mega-events changing?

DZ: You are seeing changes. Cities are rejecting the Olympics, from Boston to Krakow. Cities have stood up to hosting these games because of the economic costs and political costs. Cities have started demanding concessions from the NFL and from local officials, like offsets so that every dollar that goes to the Super Bowl also goes to our schools, or goes to health care. Until that happens, we’re going to keep having this privatization of public wealth, which is really what the Super Bowl is once all the smoke and glitter clears.

UA: Going back to the player protests, how vital have players’ collective bargaining agreements been to this movement?

DZ: The collective bargaining agreement in the NFL has meant everything to these protests. While I would certainly argue that they have the First Amendment right to protest during the anthem, I really do think a lot of NFL players would have just been fired outright if it wasn’t for the fact that the CBA in the NFL has very specific language about whether players have to stand at attention. To compare and contrast, the NBA, which has much more political foment in it, has different language in their CBA that actually directs players to stand at attention. I think that’s one of the reasons you haven’t seen those kinds of protests in the National Basketball Association. They’re just not protected.

If the NFL had just started firing players left and right, they would have been at dire risk of invalidating the entire collective bargaining agreement. They would have given the union, which is already setting up in the next year for contract negotiations, an unfathomable amount of leverage …

As someone who’s interviewed a lot of these players, something that makes me really angry is that the players who are political also tend to be the players who are most community minded, bighearted and down to earth. There’s something so repellent to me that they’re the ones who are demonized by Trump and by certain members of the NFL ownership community. They’re the ones who really do represent the best – not just among NFL players, but among trade unionists in general.

UA: Trump’s use of the NFL – from tweeting about players who kneel to picking on the league at rallies – is remarkable. Why do you think it strikes such a chord with his supporters?

DZ: Like so much with Trump, while it strikes a chord with his base, it has not expanded his base. The polls I see show as many as three-fourths of people do not agree with how he has dealt with this issue. More people, after Trump got involved, were actually on the side of the players than before because he is so toxic.

But this is rank racism. There’s no other way to say it. These are players who are trying to start a conversation – not about the anthem or patriotism, but about racism and police violence. You think Donald Trump wants to have that conversation? Of course not. So he demonizes and attacks these players for being ‘ungrateful.’ One player said to me that ‘ungrateful’ is like Trump’s n-word, something he reserves for only black athletes. This is a very old script, and it resonates because you tap into envy. As if these ‘ungrateful’ athletes … haven’t worked their entire lives to make their way in the world.

UA: But you see backlash against this script?

DZ: Let’s talk about the No. 1 way we can tell that it didn’t work. When he called players SOB’s and used profanity before a rapturous crowd, where was he? He was in Huntsville, Alabama. What happened in Alabama? Somehow the Republicans lost a Senate race…

UA: Are you the guy no one wants to sit next to at the Super Bowl party?

DZ: No, people like sitting next to me. I always bring out the good food. I clean my house so I give people a nice place to sit. I usually spend the first 30 minutes of the Super Bowl in my own personal protest, live tweeting an episode of the “Facts of Life.” People on Twitter tend to go crazy. I lose a couple hundred followers, but I find it funny. I call it the Tootie Bowl.

UA: Who wins? Who are you rooting for?

DZ: I hate the New England Patriots because they always win and they’re arrogant and they’re obnoxious. But I’m sure you’ve heard people say that when the Patriots win it feels like Trump wins all over again. Slow your roll. They’re not Team Trump. Don’t take it that seriously please.

But I’m rooting for the Eagles, and I’ll pick the Eagles. I’ll never root for the Patriots. Ever.

Teachers, allies keep heat on Ecolab, U.S. Bank as Super Bowl party ramps up

St. Paul teachers and supporters march through the streets of downtown St. Paul to the NFL’s “opening-night party” at Xcel Energy Center.

Hundreds of people whose work keeps the Twin Cities running shut down traffic outside a Super Bowl party in St. Paul tonight.

Teachers, low-wage workers and other activists called out the corporations funding the Super Bowl Host Committee – Ecolab and U.S. Bank, in particular – for prioritizing a high-profile game over local student outcomes and people’s lives.

“During this upcoming week, corporate elites will earn millions of dollars and use Minneapolis and St. Paul as their corporate playground, while we, the workers, continue to face wage theft, poverty wages and increased militarization in our communities,” Donia Caldwell, a member of CTUL’s fast-food worker organizing campaign, said during a post-march rally.

Activists marched through the streets, from Ecolab’s offices in Hamm Plaza to the Xcel Energy Center, site of the Super Bowl’s Opening Night party. As helicopters hovered overhead, marchers took over the busy intersection of Kellogg and West Seventh Street, backing up traffic in all directions.

Most people in the crowd carried signs supporting members of the St. Paul Federation of Teachers, who are scheduled to take a strike-authorization vote Wednesday. Members of the union’s negotiating team have said the two sides are making no progress on teachers’ top priorities, including smaller class sizes, pre-K programming and funding for nurses, librarians and language specialists.

But teachers aren’t just negotiating with the school district. SPFT is reaching out to corporations like Ecolab and U.S. Bank, the beneficiaries of local property-tax breaks, in an effort to recoup some of the funds diverted away from the district’s general fund.

So far the corporations haven’t been receptive to the idea, SPFT President Nick Faber said.

“Ecolab has said no even though they’ve got $2.1 billion of untaxed dollars in offshore accounts. They’ve said no even though they’re going to be gaining $96 million a year through the new GOP tax bill,” Faber said. “Same with U.S. Bank, and they’re going to be getting about $1.1 billion from the new tax plan.

“And what will our students get? They’re going to get a party for millionaires and a game in the town across the river.”

While teachers called for an investment in schools, low-wage workers like Caldwell called on U.S. Bank and Ecolab to “divest” from poverty wages by supporting a $15 minimum wage in St. Paul and funding for enforcement efforts targeting wage theft across the state.

Bakery workers organizing Saturday’s Taste of Justice joined the demonstration, too. They pledged to keep shining a light on working conditions and union-busting at Franklin Street Bakery, even as co-owner Wayne Kostroski basks in the glow of his star-studded gala in St. Paul this week.

Bruce Peglow, an officer of Bakery Workers Local 22, called Franklin Street Bakery unsafe – one reason workers are trying to organize a union.

“Several weeks ago there was carbon-monoxide poisoning in the bakery,” Peglow said. “Two of the workers went to Hennepin County Medical Center. One woman, if she’d have been there five more minutes, she would be dead.”

Inside the Xcel Energy Center, Black Lives Matter activists succeeded in dropping a banner supporting the demonstration’s theme: “Divest from violence. Invest in community. Imagine what’s possible.”

Here’s how labor activists plan to celebrate Super Bowl week

Today marks the kickoff of Super Bowl events in the Twin Cities, and organizers plan a 10-day run of concerts, parties, conventions and other events leading up to the big game Feb. 4 at U.S. Bank Stadium.

What you won’t find listed on the Super Bowl Host Committee’s online calendar are several opportunities to support working people organizing for dignity, respect on the job and quality public services.

“Minnesota’s Super Bowl shouldn’t just be about entertaining the rich and the powerful,” said bakery worker Travis Reinhart, whose union-busting employer will host a star-studded celebrity fundraiser in St. Paul next Saturday.

Already, the St. Paul Federation of Teachers is promoting a social media campaign targeting two of the Super Bowl committee’s biggest corporate sponsors: Ecolab and U.S. Bank. Teachers are in a difficult round of contract negotiations with the St. Paul school district, which is facing a multi-million dollar budget shortfall.

“Money has been stolen from our schools over the last 20 years … and that money has been going into tax breaks for corporations,” SPFT President Nick Faber said.

Kirinda Anderson, a parent active in union-led efforts to address the district’s racial disparities, called on Ecolab and U.S. bank to “step up and be better partners with the schools and the students … and to support public education in the same way they’ve supported this game.”

Here’s a rundown of events you won’t find on the Super Bowl committee’s website:

• The Pre-Game: Our lives over their game. Monday, Jan. 29, 6 to 8:30 p.m. Hamm Plaza, St. Paul.

Unions and worker groups are teaming up with racial-justice, climate-defense and immigrant-rights organizations to plan a march and rally outside the NFL’s Super Bowl Opening Night party in St. Paul.

Activists like Antonia Sanchez, a member of the Twin Cities low-wage worker center CTUL, are calling on the corporations sponsoring Super Bowl week to do more in their community than hold a round-the-clock party for ultra-rich.

“The millionaires are just going to get richer, and we’re not going to get anything out of it,” Sanchez said at a press conference announcing the groups’ Super Bowl plans. “These corporations are grinding us all down.

“We want to demand that these corporations … support raising the minimum wage in St. Paul to $15 an hour. We want them to support ending wage theft in Minneapolis and St. Paul.”

• Super Bowl Protest: Tackle Corporate Greed! Friday, Feb. 2, 4:30 p.m. Home Depot, 1520 New Brighton Blvd, Minneapolis.

Home Depot co-founder Arthur Blank owns the NFL’s Atlanta Falcons, making Super Bowl week the perfect time for janitors who clean Home Depot stores in the Twin Cities to renew their demand that the retailer adopt a responsible contractor policy.

CTUL, which is organizing janitors who clean Home Depot, has negotiated policies with Best Buy, Target and other retailers, paving the way for 500 retail cleaning workers to form a union last year.

Most people working in retail cleaning are immigrants, and CTUL is teaming up with immigrant-rights group Navigate MN to demand Home Depot use its lobbying clout to support so-called Dreamers’ protected status, pass a clean immigration reform bill and end immigration raids dividing families across the country.

• Super Bowl Breakfast: Support $15 and Workers’ Rights! Saturday, Feb. 3, 7 a.m. Hilton Minneapolis, 1001 Marquette Ave.

As the Super Bowl Committee and its corporate sponsors hold a breakfast inside the hotel to honor the NFL’s “positive legacy” of community service, worker groups will gather outside for a “people’s breakfast to honor the worker leaders and community members in Minneapolis and St. Paul who fight for living wages rights on the job for themselves, their families and their communities.”

The event will call attention to the need to fund enforcement of Minneapolis’ new minimum-wage ordinance, and lift up the campaign for a $15 minimum wage – without a tip penalty – in St. Paul.

• A Taste of Justice. Saturday, Feb. 3, 5 p.m. St. Paul Labor Center, 353 W. 7th St.

Workers at Franklin Street Bakery have been trying to organize a union for over two years, looking to improve wages and working conditions in the Minneapolis facility. Their campaign has drawn a stifling – and sometimes illegal – response from management, which recently sent a labor lawyer to intimidate one worker in his own home, according to a report from Bakery Workers Local 22.

Bakery owner Wayne Kostroski holds a hunger-relief event – “Taste of the NFL” – with celebrity chefs, NFL players and wealthy executives each year during Super Bowl week. Last year, bakery workers countered with a fundraiser of their own, and this year they plan to do it again, only blocks away.

“While helping food shelves is a good thing, Wayne pays many workers as little as $11 an hour, forcing us to use food shelves,” Reinhart said. “I know I’ve been there. The Taste of the NFL’s slogan is ‘kick hunger.’ We have a simple answer for Wayne: Kicking hunger starts at home.”

Minnesota gained 46,000 union members last year, reversing decade-long decline

Working people’s voice grew stronger last year in Minnesota, where organizing gains pushed union membership to its highest point since 2004, according to federal data released today.

The U.S. Bureau of Labor Statistics’ annual report on union membership shows Minnesota gained 46,000 union members from 2016 to 2017, the largest year-to-year gain since 2000. The state’s union population, 411,000, was at its highest since 2004.

Union members grew as a share of Minnesota’s total workforce as well. Union density increased from 14.2 percent to 15.2 percent in 2017, its highest point since 2010.

The report shows Minnesota unions are reversing a trend of decline that began over a decade ago.

“These numbers show that despite political threats from Washington, more working Minnesotans are exercising their freedom to join together in unions to negotiate for a better life,” said Minnesota AFL-CIO President Bill McCarthy, president of the state’s largest labor federation.

Driving the uptick in union membership are organizing gains Minnesota unions have made recently on several fronts, including the service sector, retail and higher education. Some highlights include:

• More than 500 retail janitors, after a six-year campaign with the Twin Cities worker center CTUL, won their first union contract last February.

• Retail workers at three Minneapolis co-ops – Seward, Eastside and Linden Hills – voted to unionize in 2017, as did workers at Whole Foods Co-Op in Duluth.

• The Mayo Clinic’s move to outsource food-service work in 2016 sparked a flurry of organizing activity in Rochester. Some 250 workers have formed four separate bargaining units with SEIU Healthcare Minnesota, which went from representing about 50 percent of Mayo’s food service staff to representing all of them.

• Adjunct faculty members at colleges and universities nationwide are forming unions to push back against a higher-ed model they consider unsustainable. In Minnesota, SEIU Local 284 helped adjunct faculty at Augsburg and the Minneapolis College of Art and Design organize in late 2016.

The BLS report also reflects renewed emphasis Minnesota’s public sector unions are putting on membership. With the U.S. Supreme Court likely to rule so-called “fair share” fees unconstitutional later this year, teachers and other public-service workers are scrambling to shore up support among their co-workers.

AFSCME Council 5, which represents over 40,000 public-service workers statewide, converted thousands of “fee payers” into full-fledged members last year, on top of organizing new units at seven different employers, bringing 225 new members into the fold.

Of course, an increase in union power isn’t just good for union members. “It’s no coincidence that as union membership increased in 2017, so did Minnesotans’ average wages,” McCarthy said. “Union workers set standards for wages and safety that benefit all working people.”

Nationally, the number of union members rose by 260,000 to 14.8 million. Union density remained unchanged at 10.7 percent.

St. Paul fast-food workers strike for $15 on Labor Day

Striking fast-food workers rallied with supporters outside a St. Paul McDonald’s this morning, demanding $15 per hour and respect on the job.

“We need something to live on,” said 27-year-old Tay Polite, on strike from her job at McDonald’s in the city’s Midway district. “Even with a job we’re still struggling to support our families.

“For as much as we work and as hard as we work, we deserve that $15 an hour.”

Fight for $15 strikes and demonstrations targeted fast-food employers in 400 cities worldwide on Labor Day.

Locally, the strike kicked off a series of events planned by unions and community groups pushing a $15 minimum wage in St. Paul and funding for enforcement of the historic minimum-wage ordinance passed in Minneapolis earlier this year.

“Many people are currently working two and three jobs to support their families,” St. Paul Regional Labor Federation President Bobby Kasper said. “Working families are just not able to get by with the current minimum wage. We need to stand behind striking fast food workers and keep working to get families back in the middle class.”

Striking fast-food workers, including Tay Polite and April Reeves (R), were recognized during a rally on Labor Day.

Elected officials, including U.S. Rep. Keith Ellison, supported striking workers on the early-morning picket line.

“The CEO of McDonald’s is making $9,000 an hour and can probably afford to get by on $6,000 an hour,” Ellison said. “It’s absolutely ridiculous that they claim they can’t afford to pay workers $15 minimum wage and I’m proud to stand with workers this Labor Day as they fight to reclaim what the true meaning of what Labor Day really means, and that is to uplift workers.”

Fast-food workers in the Twin Cities are organizing with the low-wage worker center CTUL, which began reaching out to workers in the industry three years ago. The campaign has gained momentum since then, with several strikes targeting fast-food employers and actions in support of local minimum-wage ordinances.

Although the federal minimum wage hasn’t budged since 2009, Fight for $15 campaigns nationwide have resulted in wage hikes totaling more than $62 billion for 22 million working people, according to a recent report. The estimate reflects both corporate policy changes and political victories in places like California, New York, Seattle and Minneapolis.

April Reeves, who earns $11 an hour working at the Midway McDonald’s, hopes St. Paul is the next city to join that list.

“More money is always better when you’re struggling check to check,” Reeves said. “What do my grandkids need? What does my child need? Should we buy food or pay these bills? Those are the day-to-day choices I face.

“All I want is justice. Give us the money we need to survive.”

Twin Cities workers plan May Day actions for better working conditions, immigrant rights

Home Depot janitors staged a strike on Trump’s first day in office.

Workers have unveiled plans to strike, rally and march May 1 for better wages, safe working conditions and respect on the job.

At a press conference last week outside a Minneapolis Home Depot, local organizers said International Workers’ Day takes on added urgency this year, given the “current political climate and mass mobilization of communities all across the state and country.”

As they did on Inauguration Day, janitors who clean Home Depot stores, organizing with the Twin Cities worker center CTUL, will stage a one-day strike May 1, kicking off a series of related actions:

  • Picketing outside Home Depot, 1520 New Brighton Blvd. NE, Minneapolis, 9:30 a.m.
  • University of Minnesota AFSCME members’ contract campaign kickoff, Morrill Hall, 100 Church St. SE, Minneapolis, noon.
  • Mesa Latina rally, Minnesota Capitol, St. Paul, 1:30 p.m.
  • Resist from Day One March, East Phillips Park, 2399 17th Ave. S, Minneapolis, 4:30 p.m.

Home Depot uses subcontractors that hire janitors at low wages with no benefits. Some subcontractors have faced lawsuits alleging wage theft. It’s an approach CTUL members like Luciano Balbuena, who cleans a Home Depot store as an employee of the contractor Kimco, consider the “Trump model” of business.

“We have been fighting for fair wages, benefits and the right to organize for several years now and are still forced to survive with poverty wages,” Balbuena said. “Other retail janitorial companies have improved wages and other standards, but our companies refuse to meet those basic standards.

“We are not afraid of our bosses, nor are we afraid of Trump. When we unite and come together to make changes, we can win. That is what we will do on May 1st, because it is time for our hard work to be recognized.”

Unions gaining public favor, losing ground in workplace

Union members are becoming increasingly scarce in the U.S. labor force. It’s a trend that continued in 2016, when union density fell from 11.1 to 10.7 percent of the total workforce, according to federal report issued in January.

Unions’ demise has assumed an aura of inevitability. So when the Bureau of Labor Statistics released its annual report on unions, media outlets mostly yawned. The headline – “Union membership dips to lowest point in recent history” – showed up in the cable-news crawl, as a one-off tweet or buried inside the Business section.

Four days later the nonpartisan Pew Research Center released results of a different survey, showing more Americans – roughly six in 10 adults – view unions favorably than at any time in the last 15 years. Young people, in particular, hold favorable views of unions – three-quarters of those ages 18 to 29, according to the Pew report.

How can union membership be declining while unions’ popularity is surging? Why aren’t more people forming unions?

Labor experts and union organizers say the seemingly contradictory trends illuminate just how challenging the process of organizing unions is, particularly in an economy that looks little like it did when U.S. labor laws were drafted 80 years ago. But experts also say the numbers don’t reflect non-traditional organizing campaigns that have picked up in recent years, many of which are yielding improvements for working people and, more broadly, helping the labor movement stay relevant.

“I feel like we’re at a moment of pretty dramatic change where there needs to be a different model, a different way of doing things,” Monica Bielski Boris, director of the University of Minnesota’s Labor Education Service, said. “Unions were a pretty important part of changes that led to our current (labor laws) in the 1930s, and I’m hopeful they will also be an important part of that happening again.”

People like unions!

Pew’s survey results, which showed a remarkable, 12-point uptick in unions’ favorable rating in less than two years, don’t surprise Cat Salonek, who has worked 10 years as a union organizer, now locally with the Communications Workers of America and the Newspaper Guild.

Being slighted or disrespected at work, she said, is a near-universal experience among working people, and most of the time they feel powerless to do anything about it. Unions appeal as a way to take power back from their bosses.

“The No. 1 reason people want to form a union is dignity and respect in the workplace,” Salonek said. “You might think it would be pay – and it’s a close second – but the No. 1 reason is they’re sick and tired of being sick and tired. Most people really want a union because they’re being treated so badly.”

The petty grievances have a way of adding up, Salonek explained. One group of workers reached out to her after management, responding to their repeated requests for a water cooler, finally gave in, but refused to provide cups. Another group decided to organize after their boss removed the break-room table. “They were so outraged they drew a chalk outline on the carpet of the floor where the table used to be,” she said.

Retail and health care workers approach St. Paul-based United Food and Commercial Workers Local 1189 with concerns about unpredictable schedules and paid time off, organizing director Abraham Wangnoo said. “People with young families want to be able to see their kids’ sporting events, to plan their lives.”

That’s not to say rising income inequality and corporate power aren’t behind renewed interest in unions, too. Young workers were particularly “drawn into that analysis of corporate power and wealth” put forth by Bernie Sanders’ presidential campaign, Bielski Boris said. “Unions were seen as part of a solution to deal with those problems.”

“They realize not every person is going to be the CEO of a company,” Wangnoo said of young workers. “They have to stick together.”

Pro-union Jimmy John’s workers picketed outside a Minneapolis store in 2011. (file photo)

Broken system

Perception isn’t the problem unions face, organizers and experts say. A broken system is.

In 2011, after their repeated requests for paid sick days fell on deaf ears, workers at several Jimmy John’s sub shops in the Twin Cities decided to unionize. Their scrappy, upstart effort drew enough support to prompt the National Labor Relations Board to conduct an historic union election in the union-free world of fast food.

The franchisee, MikLin Enterprises, responded with a campaign intended to scare its 170 employees from supporting the union. MikLin fired six workers active in the campaign, a move that sapped momentum from the organizing drive. Workers voted 87-85 against a union.

The six workers filed complaints with the NLRB, arguing MikLin had fired them in retaliation for exercising their legally protected right to engage in union activity. One year later, an administrative law judge sided with the workers, but MikLin filed the first of a series of appeals that ended, finally, five years after the organizing election, when a federal appeals court ordered the six workers reinstated to their former jobs.

But by that time, as documented in a Huffington Post report, all six workers had long since moved on to new careers, from computer programming to teaching. The idea of going back to fast-food work was laughable, but it laid bare the challenge working people face when they organize a union.

“Not only is the process very cumbersome, the penalty for employers who engage in bad behavior during an election, including firing people, has never been very real,” Bielski Boris said.

What happens after an employer gets wind of union organizing in their shop?

“They hold one-on-one intimidation sessions, use coworkers to apply pressure, spread misinformation about strikes, about dues,” Wangnoo said. “It is hard to imagine, to understand the pressure it puts on somebody who has kids and a life they want to live and bills they have to pay. It’s terrifying.”

Dwindling resources

Unions’ high favorability rating is playing out in NLRB elections nationwide, which unions won at a rate of about 70 percent from Oct. 1, 2015, through December 2016. But the very number of organizing elections taking place – just over 100 per month across the country during that span – illustrates how hard it is for workers to rally enough support to call for a vote. (Most organizing elections are held by the NLRB, but not all. Public-sector elections in Minnesota, for example, are conducted by the Bureau of Mediation Services.)

Monica Bielski Boris (L), shown speaking at a press conference last year, holds a PhD in industrial relations. (file photo)

Employers’ sophisticated, anti-union campaigns are one reason organizing drives don’t often reach the threshold for an NLRB election. Another, Bielski Boris said, is the level of resources it takes to conduct an organizing drive – resources unions are finding increasingly scarce.

Outsourcing and automation, Bielski Boris said, have decimated sectors of the economy, namely manufacturing, rich with union density. Shrinking membership, combined with anti-worker “Right to Work” laws, have forced many unions to choose between responding to workers who want to organize and providing service to existing members.

“It’s incredibly expensive for unions to organize,” Bielski Boris said. “The process is so arduous that even unions who want to organize have some trepidation.”

A changing economy, a new organizing model

Ironically, while working people crave the stability and security a union contract provides, the economic forces at play in destabilizing the workplace are, themselves, barriers to organizing unions.

As more workers settle for short-term gigs – think Uber and Lyft – rather than work in traditional shops, many find themselves labeled as independent contractors rather than employees. And labor law says working people must share a common employer in order to join together in a union.

Salonek, who works with language interpreters and ESL teachers, said independent contractor status “voids those workers from NLRA rights.” If they want to unionize, they must first get reclassified as employees, “and then the employer knows you want a union before you even start an organizing campaign.”

In response, CWA and other unions are exploring alternative union structures that reflect the way working people built power before the NLRA, Salonek said, including professional associations and guilds that advocate for workers in a specific industry. The throwback model comes with several challenges, though. Laws that prohibit price fixing prevent workers’ associations from setting wage floors, for example.

Unions also are exploring new benefits to membership that might attract independent contractors, freelancers and, in Right to Work states, dues payers. They include health insurance plans for workers who bounce from gig to gig, malpractice insurance, professional development and more.

Building Trades unions offer a glimpse of how unions might enhance their appeal to “gig-economy” workers. “You belong to a union and it helps you train for employment and connect with employers, and it sets some baseline standards in the industry,” Bielski Boris said. “They offer a model where transitional employment is built into the DNA of how they operate.”

Reports of unions’ demise as a share of the workforce also fail to reflect successful organizing taking place outside of traditional collective bargaining, including the Fight for 15 and expansion of worker centers.

In the Twin Cities, the worker center CTUL has given retail janitors and fast-food workers a collective voice on the job. Last year, CTUL’s organizing effort resulted in a new union of workers in an industry – retail cleaning – rife with wage theft, as temp agencies and subcontractors cut corners to provide big-box chains with the lowest bid.

The historic victory provides a glimmer of hope for Bielski Boris that unions might restore more than their Pew survey numbers.

“This is an opportunity to figure out what’s possible for labor,” she said. “If working people can see the value unions play in challenging the system, there’s some hope. But if we allow grief to take hold, we’re most certainly going to end up with the results we fear most.”

Organizing drive pays off for big-box janitors with landmark first contract

Retail janitors celebrated recognition of their union last fall after a six-year campaign.

Retail janitors celebrated recognition of their union last fall after a six-year campaign.

What’s the value of a union contract? For nearly 500 retail janitors in the Twin Cities, who made history last year by forming the industry’s first metro-wide union, it’s a cool $4.5 million in wage increases and paid time off over the course of their new, three-year contract.

Local 26 of the Service Employees International Union, which represented the janitors who clean big-box stores like Best Buy, Target, Macy’s and others in negotiations with cleaning subcontractors, announced the landmark agreement in a press release today, calling it a “path forward for working families” to combat rising income inequality.

“While working people are under attack right now from the billionaires in charge of our country, we are showing that we can win if we stick together and fight,” said Maricela Flores, an employee of Carlson Building Maintenance who cleans the Target in Shakopee.

The “vast majority” of janitors in the bargaining unit are people of color, according to Local 26, so the contract’s gains will help combat Minnesota’s yawning disparities between white workers and workers of color.

The contract goes into effect immediately, and many union members will see their hourly wages jump from $9.50 to $11. They include Lizbet Vega Lopez, a Carlson employee who has cleaned the Cub Foods in Brooklyn Park for 12 years.

“This was not an easy fight, but I am so glad we stuck together and now have a union contract that moves us forward,” Lopez said. “I hope others will see our fight and realize that no matter how difficult the challenge may be, you can win positive changes if you are willing to stand up to those in power.”

In addition to wage increases and PTO, workers won up to three weeks of vacation time, stronger workplace protections and job security, and guidelines for workload conditions when covering absences.

Retail janitors’ new union grew out of a six-year campaign facilitated by CTUL, a Twin Cities worker center. Workers and community allies pressured corporations like Target and Best Buy to take responsibility for low wages and unsafe working conditions inside their Twin Cities stores by signing onto a “Responsible Contractor Policy.”

The campaign continues at Kohl’s, Home Depot and other big-box stores.

“We are contracted to clean the stores of some of the biggest corporations in the world, so it was a big win just to get to the negotiation table with our employers, and now we have won gains that cannot be taken away,” Lopez said. “We weren’t waiting on Trump’s empty promises and scapegoating. We decided to fight back and win changes for ourselves, and hope others do too!”

‘End run’ around local sick-pay victories advances at Capitol

web-localcontrol-buttonsCorporate special interests clashed with working people during a Capitol hearing last night on legislation that would roll back ordinances extending earned sick and safe time to an estimated 150,000 workers in Minneapolis and St. Paul.

The local preemption bill, authored by Rep. Pat Garafalo (R-Farmington), passed its first committee hearing after a lengthy round of public testimony. A companion bill in the Senate will receive its first committee hearing Monday.

The measure would restrict local governments from establishing higher employment standards – like earned sick time, fair scheduling and minimum wage – within their boundaries. Additionally, it would strike down any such ordinances passed after Jan. 1, 2016, nulling historic victories on earned sick time in Minneapolis and St. Paul.

Minnesota Nurses Association director Rose Roach, who co-chaired a citizen task force that helped draft St. Paul’s sick time ordinance, called Garafalo’s bill “an end run around the will of the people” in her city.

Roach was among dozens of people who lined up to testify on the measure before the House jobs committee. An overflow crowd spilled into two additional hearing rooms, and the committee’s decision to take a dinner break – passed by a party-line, roll-call vote – drew groans from those still waiting for their chance to speak.

A diverse group of working people, religious leaders and small business owners voiced concerns with the bill, which they called a corporate power grab.

“We see what’s going on here,” Javen Swanson, pastor at Gloria Dei Lutheran Church in St. Paul, told committee members. “Businesses don’t want to expand worker benefits or increase wages. And with vast resources and an army of lobbyists in Washington and here in St. Paul, they usually get their way.”

Indeed, lobbyists for several industry associations and trade groups – representing restaurants, banks, temp agencies and others – spoke in favor of stripping local governments of their power to set higher workplace standards. A “patchwork” approach to workplace regulations, they warned, creates bookkeeping headaches for firms doing business across the state.

Doug Sams, owner of D. Brian’s catering, said his employees are like family, and he worried that different wage-and-benefit standards would drive a wedge between employees in different municipalities. “I’m looking at this as a challenge for me to keep my family together,” he said.

Mike Griffin, field director for Neighborhoods Organizing for Change, rallied opponents of the local preemption bill during the House jobs committee's unexpected dinner break.

Mike Griffin, field director for Neighborhoods Organizing for Change, rallied opponents of the local preemption bill during the House jobs committee’s unexpected dinner break.

But one after the other, working people at the hearing came forward to express fear and outrage that state lawmakers would seek to undermine their efforts to secure the sick time necessary to care for themselves and their families.

“My whole working life I have been a number, and an easily replaceable number,” retail worker Katie Drahos, a member of Neighborhoods Organizing for Change, told committee members. “I have no say in the corporate world. My only saving grace is that I am able to lobby for my interests at a city level.”

“We get sick because we are human beings, so we need sick time,” SEIU Local 26 member Kadra Ali of St. Paul said. “If I miss one day at my job because I’m sick, I miss my check, or if I stay with my children when they get sick.”

Several small business owners joined workers in opposition, including Todd Mikkelson, a small business owner from Orono. While corporations and industry associations might have the ear of state and national lawmakers, he said, Main Street businesses have the ear of their local officials.

“To take away our local control of things is nothing more than an intrusion,” Mikkelson said. “City councils are listening to us constantly. We have much easier access to them, and they are our neighbors. To stifle them is to stifle us.”

If it’s uniformity corporate interests want, Swanson offered a proposal: “Let’s use St. Paul’s sick time ordinance as a model for statewide legislation that protects the most vulnerable members of our communities,” he said.

Five reasons workers are fighting Trump’s pick for labor secretary

SEIU Healthcare Minnesota members (L to R) Pam Ganser, Amy Pauly and Jodi Klembrook delivered a petition opposing Andy Puzder as labor secretary to Sen. Al Franken's office in Minneapolis.

SEIU Healthcare Minnesota members (L to R) Pam Ganser, Amy Pauly and Jodi Klembrook delivered a petition opposing Andy Puzder as labor secretary to Sen. Al Franken’s office in St. Paul.

Working people aren’t waiting for fast-food CEO and robotics enthusiast Andy Puzder’s confirmation hearings – twice delayed because he’s having difficulty completing the required ethics paperwork – to oppose President Donald Trump’s nominee for Labor secretary.

Last week fast-food workers led a demonstration outside Hardee’s, a chain operated by Puzder-led CKE Restaurants, in St. Paul. And this morning, members of SEIU Healthcare Minnesota delivered a petition to Sen. Al Franken’s office in St. Paul with nearly 5,000 signatures opposing Puzder’s nomination.

Similar actions have popped up across the U.S., with more coming as Puzder’s confirmation hearing, set for Feb. 7 (if he can wrap up that pesky paperwork), draws nearer.

Why can’t working people stomach Puzder at the helm of the Department of Labor, an agency charged with enforcing and administering federal labor laws, from health and safety protections to overtime and discrimination rules?

1. As an employer, Puzder’s company has a disturbing track record of violating laws designed to protect working people.

An analysis of Department of Labor data by The Century Foundation found that since Puzder took over as CEO in 2000, at least 1,563 CKE workers have been exposed to wage theft, unsafe working conditions or other violations uncovered by the agency’s inspectors.

Combined, OSHA and Wage-and-Hour inspectors have closed 166 investigations of CKE facilities since 2000, leading to more than $156,000 in civil penalties and an additional $145,310 in back pay to 877 employees. In one case, Hardee’s restaurants in the St. Louis area were “having workers punch-in to work later than when they arrived to work, not paying them overtime for double shifts, and even striking hours off of time cards,” the Century report’s authors, Michael McCormack and Simon Glenn-Gregg, wrote.

Additionally, workers at 13 CKE restaurants in 10 states last week filed 33 new complaints alleging sexual harassment, unfair labor practices (union busting) and wage theft.

2. Last year, Puzder earned more in one day than his company’s minimum-wage workers earned in the entire year. Yet he not only opposes raising the wage, he spends his fortune financially backing efforts to stop it.

According to the Center for Investigative Reporting, Puzder donated $10,000 to a campaign trying to stop Nevada voters from passing a ballot initiative raising the state’s minimum wage by a mere $1, from $5.15 to $6.15. (Voters eventually approved the increase.)

Opponents of Andy Puzder's nomination to lead the Labor department rallies last Thursday outside Hardee's in St. Paul.

Opponents of Andy Puzder’s nomination to lead the labor department rallied last Thursday outside Hardee’s in St. Paul.

3. Puzder’s low-road approach to employment forces taxpayers to pick up the tab – to the tune of an estimated $247 million per year.

The National Employment Law Project ran the numbers in a report released last week, coming up with the jaw-dropping price tag for government services accessed by CKE employees. The report draws on an analysis by University of California Berkeley economists who found that low wages and lack of benefits force 52 percent of fast-food workers to rely on public assistance to make ends meet.

4. Puzder’s company outsourced jobs to the Philippines.

In 2010, according to a report by the Associated Press, CKE laid off 20 Americans employed in its restaurant information technology department, which later reopened in the Philippines. The decision also resulted in layoffs at a staffing firm in California.

5. His public statements reveal contempt for working people, particularly those people most vulnerable to the kinds of mistreatment the Department of Labor is supposed to police.

In a 2011 address to students of Westmont College, Puzder described his hiring practices by saying, “In fast food, you sort of compete for the best of the worst.” And in an interview with Business Insider, Puzder openly fantasized about replacing fast-food workers with robots because they “never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex or race discrimination case.”

And who could forget Puzder offering a stirring defense of his company’s advertising campaign that showed scantily clad models wolfing down Thickburgers? “I like our ads,” Puzder told Entrepreneur magazine. “I like beautiful women eating burgers in bikinis. I think it’s very American.”

American, indeed. Just like low wages, outsourcing and corporate welfare. It’s no surprise working people are raising hell.