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Workers Often Face Hurdles Forming Unions

  • 12-10-2003
WASHINGTON (AP) -- Wal-Mart employee Larry Lee says that since he started talking about forming a union a few months ago, he has been assigned to work alone in areas of the store away from his co-workers and is monitored when he walks to his car or goes to the bathroom.þþBut he is continuing to try. ``The worst thing you can do is not try,'' said Lee, 42, who stocks shelves at night in a Houston store. ``I'm dead serious about what I'm doing here. I'm committed to what I'm doing here.''þþThe hurdles workers face when forming unions were being highlighted Wednesday by the AFL-CIO as part of International Human Rights Day. Unions have organized more than 90 events in 38 states.þþ``Behind the closed doors of the workplaces of America, workers face incredible, often ruthless, opposition'' to forming unions, said AFL-CIO President John Sweeney.þþWal-Mart Stores Inc. spokeswoman Christi Gallagher said she was unaware of Lee's situation, and the company ``does not tolerate discrimination or harassment of any kind.''þþWal-Mart has an ``open door policy'' that encourages employees to talk with managers at any level, including the chief executive, about all concerns and ideas, ``without fear of retaliation,'' she said.þþJust 13.2 percent of the U.S. work force belongs to a union, an all-time low.þþLabor leaders say they have been unable to stop the steady decline because employers are more aggressive and sophisticated about fighting unions. Penalties are weak for breaking laws that are supposed to protect workers' rights to form unions, they say.þþBut Randy Johnson, Chamber of Commerce vice president for labor policy, said new laws will not reverse unions' decline.þþ``Moving away from the shopworn rhetoric of the 1930s and creating an agenda and program relevant to today's work force will do more to add to union membership rolls than'' new laws, he said.þþTo form a union, workers must sign authorization cards, and the National Labor Relations Board is petitioned for an election. The board investigates such things as sufficient employee interest before it will schedule an election.þþTo form a union, a majority of workers must vote to do so by secret ballot. The board will investigate election complaints before certifying a union and ordering bargaining.þþStewart Acuff, the AFL-CIO's organizing director, said the process can take years because employers are adept at intimidating workers and stalling. Unions win only about half the elections held each year.þþThe process ``is such a terrible experience for workers. It opens them up to having their rights violated,'' Acuff said.þþLee, the Wal-Mart employee, said the work atmosphere has become even more hostile once talk of a union started.þþHe claims managers have made subtle threats about schedules and paychecks. Managers have held numerous meetings to talk about why unions are bad and to show anti-union videos.þþ``They started separating me from other associates. They started monitoring me wherever I go -- to the restroom, to my car,'' Lee said. ``I can't even use the restroom anymore by myself.''þþThe AFL-CIO is pushing for legislation to eliminate elections and certify a union after a majority signs authorization cards. It also would increase penalties for employers that intimidate or fire workers for union activity. But the bills, sponsored by Sen. Edward M. Kennedy, D-Mass., and Rep. George Miller, D-Calif., stand no chance of passage in the Republican-controlled Congress.þþAcuff said the current law is too weak to stop employers from firing workers involved in union activities. If an employer is found guilty, it must post a notice saying the practice is illegal. It also must pay lost wages, but can subtract pay earned from a new job after the worker was fired. A worker who appeals a firing may not get his job back for as long as three years, Acuff said.þþþþ

Source: NY Times