[Educationforall] spam con huevos labor news, views and concerns, 3.5.12-I

Tue Mar 6 07:32:43 UTC 2012

Labor Abuses in Walmart Warehouses‏Jim Hightower | Treating Sick Rich Folks  Paul Krugman: Cuts at the State and Local Level Are Hobbling the Recovery  Closing the Manufacturing Jobs Gap‏ Our New Website is Just the Beginning‏ Confessions of a 'Bad Teacher'‏ More White People Nationally Are on Food Stamps Than Black People  Thousands of Sacramento-area teachers soon to receive pink slips
Susan Ohanian Will be a Keynote Speaker at the Rouge Forum Conference New York Times Workers Protest  
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Workers, State Investigators Allege Labor Abuses in
Warehouse Empire
By Lilly Fowler
The Sun, San Bernadino and Inland Empire
March 5, 2012

http://www.sbsun.com/ci_20095555?source=most_viewed#ixzz1oJ83YLcP

As a warehouse worker in the Inland Empire, the
nation's biggest distribution hub for consumer goods,
Jorge Soto handles shipments for retail giant Walmart
every day.

But Soto, who works for a subcontractor, claims that
along with routine jobs such as unloading trucks, he
also has been ordered to perform an illegal task:
falsifying employees' time sheets to cheat them out of
getting the minimum wage.

The Mexican-born Soto, 47, said in a sworn court
statement that his supervisors forced him, when he was
the lead member of his crew, to severely understate
workers' hours. He said the purpose was to cover up the
widespread practice of paying well below the legal
minimum, which is $8 an hour in California.

As Soto explained in an interview, "they wanted to wash
their hands of it through me," adding that workers
sometimes received as little as $3 or $4 an hour.

A suit filed in federal court in Los Angeles on behalf
of Soto and dozens of other warehouse workers charges
three companies that handle Walmart goods with
fraudulent pay practices. The case, along with recent
investigations by state labor officials that have led
to proposed fines of close to $1.4 million, depict what
critics say is the underside of the vast warehouse
business in the region.

An economic juggernaut that employs about 100,000
people, the Inland Empire warehouses are a staging
point for Apple computers, Gerber baby clothes, Polo
apparel and other brand-name imports.

They handle goods from Asia that come through the ports
of Los Angeles and Long Beach, to be distributed around
the U.S.

According to court documents and interviews with
workers:

* Crew leaders such as Soto were under orders at some
warehouses to force workers to sign blank time sheets,
a tactic that made it easier to cheat employees out of
their rightful pay.

* Workers often were paid only for the time they spent
loading and unloading trucks - not for the time they
put in sweeping warehouses, labeling and restacking
boxes or waiting to find out if they would be assigned
work.

* High heat in the warehouses and constant pressure for
speed created safety problems. These and other issues
triggered an investigation that led the California
Division of Occupational Safety and Health, or
Cal/OSHA, in January to accuse four warehouses of more
than 60 workplace safety violations and to seek
$256,445 in penalties.

* Many workers, classified as temporaries despite years
of service, said they were threatened with being
blackballed and never being hired again if they raised
questions about their pay or took part in protest or
unionizing efforts. Labor leaders, who announced plans
in 2007 to recruit the warehouse employees, say that
the intimidation and perpetual job insecurity are key
reasons why their "Warehouse Workers United" campaign
has failed to unionize any workers.

* Workers also were subjected to other indignities, such
as being forced to pay $1 per week to rent a shirt with
a company logo, and being required to show up every
day, only to be sent home some days for lack of work.

Area warehouses help bring consumers low-cost goods,
and they provide lots of sought-after jobs for
unskilled workers, most of them Latino immigrants. Yet
the relentless pressure to hold down costs that run
through the industry also means low wages and few or no
benefits for warehouse employees.

Warehouse workers in the region -- as well as in the
next two biggest distribution hubs in the nation, the
Chicago area and central New Jersey -- are cogs in a
system that stocks the shelves of stores such as
Walmart, Target and Foot Locker. Even so, the big
retailers are separated from the workers, and shielded
from legal exposure, by layers of intermediary
companies.

In two federal suits in Chicago, for instance, scores
of warehouse workers have charged three staffing
companies with failing to pay minimum wages. But the
cases don't include any retailers.

Likewise, the Inland Empire warehouse workers' suit
doesn't name Walmart as a defendant, even though the
case is based on practices at three warehouses run
exclusively for the retailer in Mira Loma. Walmart
failed to respond to calls and emails seeking comment.

The litigation is against the operator of the three
warehouses, Schneider National Inc., a company with
annual revenue of more than $3 billion. The suit also
names two staffing companies that have employed many of
the workers at the Schneider warehouses.

One of those staffing firms is Soto's employer, Impact
Logistics, a national company that takes care of
loading and unloading merchandise bound for retailers.
The other staffing firm named in the case is Premier
Warehousing Services.

The suit, filed in October, claims that the companies used 
an opaque piece rate pay system that based compensation 
on the number and type of tractor-trailer containers
emptied or loaded. The system, according to the suit,
left workers in the dark about what they were owed, and
often kept their pay below the legal minimum.

Still in its early stages, the suit already has won the
workers a court order requiring the companies to
provide properly itemized wage statements, and the
employees have since been switched back to an hourly
pay system.

However, the companies, in court filings and in
response to questions from FairWarning, continue to
dispute the suit's contentions. Schneider said it isn't
responsible for the wages of workers involved in the
suit.

The company, more specifically, denied a claim that it
replaced employees earning hourly wages of $12 to $17
by bringing in contractors that often paid their
workers less than the minimum wage.

Schneider also disputed sworn statements by workers
that, after the suit was filed, the company called a
mandatory meeting where a supervisor threatened to
"destroy" and "throw away" any employee supporting the
litigation "like a crumpled piece of paper."

Premier said it properly compensated its employees but
declined to answer questions. Following the court
order, it stopped serving as a staffing company for the
three warehouses, and Schneider now employs the former
Premier workers directly.

Similarly, Impact Logistics said it "properly and
adequately paid all employees identified" in the
litigation but also indicated that it continues to
investigate charges raised by employees. At the same
time, Impact added that "erroneous payment of any wage
was due to inadvertence, mistake or negligence" and was
"not willful or intentional."

The company, in an emailed statement, further said that
it recently switched from piece rate compensation back
to hourly pay "to have no appearance of impropriety."

But during his seven years with Impact, both as an
ordinary warehouse worker and, later on, as a lead on
his crew, Armando Esquivel said he witnessed abuses
first-hand.

In a sworn statement, Esquivel said that when he was
underpaid by Impact and protested to his boss, "He
always promised to look into it but my pay was never
corrected, not even once. When I would repeat my
complaints, he would tell me, `I have a pile of job
applications on my desk more than a foot high. If you
don't like this job, you can go home."'

As a result of being shortchanged, Esquivel said, he
sometimes struggled to pay for basic necessities for
his wife and two children.

As a lead, Esquivel said he "repeatedly" was directed
"to record work time that was far less, sometimes less
than half, of the time we actually spent working."

Daniel Lopez, a loader who had worked for Premier, said
in a court declaration that his manager told him two
years ago he would earn more when the company switched
to a piece-rate system. But he and other workers say
that, instead, the pay got lower.

What's more, Lopez said, when it came time to fill out
time sheets, "We were directed simply to sign our names
on blank forms maintained by the supervisors. We did
not write in the time we arrived at work or the time we
finished."

Some support for the workers' complaints has come from
an investigation by California labor authorities.
October inspections at Schneider warehouses in
Riverside County "confirmed stories of abuses in the
warehousing industry that must stop," Julie A. Su, the
California labor commissioner, said in a news release.

Based on the inspections, state authorities proposed
fines against Impact and Premier of more than $1.1
million. They accused both companies of failing to 
provide properly itemized wage statements, leaving 
workers unaware of what they were being paid for 
their piece work.

"Employers cannot simply make up a piece rate and
change it at their whim," Su warned.

A separate state investigation at four other
warehouses, carried out by workplace safety regulators
with Cal/OSHA, backed up charges by the Warehouse
Workers United campaign of hazardous on-the-job
conditions. The probe focused on four warehouses in
Chino.

Among other problems, Cal/OSHA cited the operator of
the warehouses and its staffing company for allegedly
failing to provide fall protection for "pickers"
working at elevated heights, running machinery without
safety guards and leaving boxes "precariously stacked,"
where they could tumble down on employees below.

In addition, investigators cited a failure to deal with
stifling 90-degree indoor temperatures, reflecting the
heat problems that repeatedly have come up at
warehouses around the country. Cal/OSHA investigators
pointed to the case of a 49-year-old who became dizzy
and nauseated while performing his work.

That worker, Domingo Blancas, said in an interview that
there was "pressure to move fast" at his warehouse. One
day last summer, when he became overwhelmed by the
heat, he asked one of his bosses for a ride to a
hospital, but she refused.

At that point, Blancas said, his son, a worker at a
nearby warehouse, took him to Pomona Valley Hospital
Medical Center, where records show he was admitted for
dehydration and heat exposure.

He recovered, but still has bitter memories of the
incident.

"These are people who don't care about the welfare of
their workers," Blancas said. "What they did is just
wrong."

Tri-State Staffing, Blancas' employer and one of the
two companies cited by Cal/OSHA, indicated it is
appealing the charges but declined to respond to
repeated requests for comment.

NFI, whose National Distribution Centers unit is the
other company charged, said in a statement that it is
committed "to providing a safe working environment that
meets or exceeds all state and federal workplace safety
standards."

Yet workers at NFI-run operations such as Jonathan
Lopez, 23, challenge that portrayal. Lopez, who is
taking pre-med classes at a community college, is
unusual among the workers in that he speaks fluent
English.

He said Tri-State asked him to sign a paper indicating
that he received safety training - even though, at that
point, he hadn't. (He said he received training only
weeks later, after state workplace safety officials
began investigating the warehouse.) Lopez complied,
however, rather than risk losing his job.

"Employers cannot simply make up a piece rate and
change it at their whim."

JULIE A. SU, California labor commissioner
For the same reason, Lopez said, his co-workers also
signed.

"No one else was able to read it, but I told them what
it said," he said.

Looking to tap into discontent among warehouse workers,
Change to Win, a national coalition of unions with
about 5 million members, in 2007 launched a recruiting
effort in the Inland Empire. It founded Warehouse
Workers United, an organization advocating for higher
wages, ending the practice of temporary employment and
securing affordable health care coverage.

Led by activist unions such as the Service Employees
International Union, Change to Win broke away from the
AFL-CIO labor federation seven years ago to more
aggressively recruit members. After more than four
years, however, its campaign among the Inland Empire
warehouse workers has failed to create any new union
locals, or even bring about a single union
representation election.

Union officials say warehouse employers have shifted
from permanent workers to temporary employees largely
to make people so fearful of losing their jobs that
they won't risk being identified as union activists.
The industry, however, counters that it uses temps
simply because the flexibility helps employers deal
with busy and slow periods without resorting to
layoffs.

Meanwhile, workers such as Soto, the Impact employee
who claimed he was ordered to falsify other workers'
timesheets, say they still support the labor-organizing
effort because they need a union to be treated fairly.

"They need to raise the pay, improve the conditions,"
Soto said. "I'm going to stay there as long as I need
to until that happens.

____________________________________________

PortsideLabor aims to provide material of interest to
people on the left that will help them to interpret the
world and to change it.
Workers: Walmart Contractor Paid $3 to $4 an Hour
Read the Article at Mother Jones

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Jim Hightower | Treating Sick Rich Folks
Jim Hightower, OtherWords: "From New York to Los Angeles, hospitals that draw huge subsidies from taxpayers (and often are so overcrowded that regular patients are lucky to get a gurney in the hallway) have set aside entire floors for $2,400-a-day deluxe suites. They come with butlers, 5-star meals, marble baths, imported bed sheets, special kitchens, and other amenities for swells who have both insurance and cash to burn."Read the Article 

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Paul Krugman: Cuts at the State and Local Level Are Hobbling the Recovery
Read the Article at The New York Times

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March 5, 2012
Thousands of AFL-CIO union members and others began a five-day re-enactment yesterday of the historic 1965 Selma to Montgomery, Ala., civil rights march to focus attention on new attacks against workers’ rights and civil rights.The AFL-CIO Working for America Institute won a three-year, $3.4 million grant to develop apprenticeship programs in five communities to train people for skilled manufacturing jobs and careers. It is part of a Labor Department program that aims to place qualified U.S. workers in fields and industries that currently use H1B foreign workers. Read more and comment.  Check Out Union Innovators and Community Connections New Guide Offers Personalized Reports on Affordable Care Act Benefits Find Out About Your Rights at WorkRead more important news of the day on the issues working families care about.Follow the AFL-CIO:
            Take the next step. Become a mobile activist
by joining the AFL-CIO Rapid Action Text Team.
Text NEWS to AFLCIO (235246) to receive action alerts and more.
(Message and data rates may apply.)
To find out more about the AFL-CIO, please visit our website at www.aflcio.org.Click here to unsubscribe
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  The AFL-CIO’s new website showcases our commitment to reaching and engaging all working people. We hope you’ll take a look—and come back often.

Visit the AFL-CIO’s new website.  Dear Carlos,

Since becoming secretary-treasurer of the AFL-CIO, I have been committed to reaching and engaging the broadest range of working people inside and outside of unions. 

I believe that—to be relevant and part of the conversation in this day and age—we need to do things differently. 

It’s critical that we embrace constant innovation to build on what we do best. And we’ve got to commit to a culture of openness—building an inclusive movement that puts the voices of workers front and center and encourages all working families to get involved. 

Innovation and openness are what we had in mind as we redesigned our website from the bottom up. We put the stories of working people front and center, and created a community space to share information, take action and showcase the work of the unions and the people we are proud to represent. 

Please take a moment to visit the AFL-CIO’s new website and get more involved by visiting our blog and action center. 

Then share our new website with your friends and family:
   The AFL-CIO’s investment in cutting-edge communications and technologies isn’t just limited to a new website. In fact,our commitment to innovation starts at the top. 

President Richard Trumka sent his first tweet last week. You can now follow President Trumka on Twitter (@RichardTrumka). And you can also follow me on Twitter here (@LizShuler).

We’ve also made a big commitment to building new tools and a new team that will empower our members and activists to leverage the power of the Internet to mobilize their friends, neighbors and families.

Over the coming months and beyond, we’ll take what the labor movement has always done well offline, bring it online and open up our movement in more ways to more people. We’ll be mobilizing harder and smarter than ever before. 

Soon, we’ll ask you to use some of these new tools to do more of what the labor movement does best. Things like conversations in our workplaces, phone banking and reaching out to the people you know. We’ll invite everyone who cares about the future of working families to get involved.

Lots of exciting things are coming, and I can’t wait to tell you more soon. But today, the best way to see the new direction we’re headed in is to visit the AFL-CIO’s new website, blog and action center. 

With your help, we’re building an increasingly innovative, active, open and effective movement for allworking people—including young people, Latinos and working men and women who don’t have the benefits of a union voice on the job. Our new website reflects that. Thank you for being a part of it—and for all the work you do.

In Solidarity,

Liz Shuler
Secretary-Treasurer, AFL-CIO

P.S. Here are four things you can do this week that you couldn’t do last week:
1. Visit our redesigned website, then share it on Facebook and Twitter.
2. Check out the revamped AFL-CIO Now Blog.
3. Visit our new action center.
4. Follow President Trumka on Twitter. (You can also follow me.)To find out more about the AFL-CIO, please visit our website at www.aflcio.org.Click here to unsub
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Confessions of a 'Bad Teacher'
By WILLIAM JOHNSON

March 3, 2012
New York Times

http://www.nytimes.com/2012/03/04/opinion/sunday/confessions-of-a-bad-teacher.html?_r=1&pagewanted=print

I AM a special education teacher. My students have learning disabilities ranging from autism and attention-deficit disorder to cerebral palsy and emotional disturbances. I love these kids, but they can be a handful. Almost without exception, they struggle on standardized tests, frustrate their teachers and find it hard to connect with their peers. What’s more, these are high school students, so their disabilities are compounded by raging hormones and social pressure.

As you might imagine, my job can be extremely difficult. Beyond the challenges posed by my students, budget cuts and changes to special-education policy have increased my workload drastically even over just the past 18 months. While my class sizes have grown, support staff members have been laid off. Students with increasingly severe disabilities are being pushed into more mainstream classrooms like mine, where they receive less individual attention and struggle to adapt to a curriculum driven by state-designed high-stakes tests.

On top of all that, I'm a bad teacher. That's not my opinion; it's how I'm labeled by the city's Education Department. Last June, my principal at the time rated my teaching unsatisfactory, checking off a few boxes on an evaluation sheet that placed my career in limbo. That same year, my school received an A rating. I was a bad teacher at a good school. It was pretty humiliating.

Like most teachers, I'm good some days, bad others. The same goes for my students. Last May, my assistant principal at the time observed me teaching in our school's self-contained classroom. A self-contained room is a separate classroom for students with extremely severe learning disabilities. In that room, I taught a writing class for students ages 14 to 17, whose reading levels ranged from third through seventh grades.

When the assistant principal walked in, one of these students, a freshman girl classified with an emotional disturbance, began cursing. When the assistant principal ignored her, she started cursing at me. Then she began lobbing pencils across the room. Was this because I was a bad teacher? I don’t know.

I know that after she began throwing things, I sent her to the dean's office. I know that a few days later, I received notice that my lesson had been rated unsatisfactory because, among other things, I had sent this student to the dean instead of following our school's guided discipline procedure.

I was confused. Earlier last year, this same assistant principal observed me and instructed me to prioritize improving my assertive voice in the classroom. But about a month later, my principal observed me and told me to focus entirely on lesson planning, since she had no concerns about my classroom management. A few weeks earlier, she had written on my behalf for a citywide award for classroom excellence. Was I really a bad teacher?

In my three years with the city schools, I've seen a teacher with 10 years of experience become convinced, after just a few observations, that he was a terrible teacher. A few months later, he quit teaching altogether. I collaborated with another teacher who sought psychiatric care for insomnia after a particularly intense round of observations. I myself transferred to a new school after being rated unsatisfactory.

Behind all of this is the reality that teachers care a great deal about our work. At the school where I work today, my bad teaching has mostly been very successful. Even so, I leave work most days replaying lessons in my mind, wishing I'd done something differently. This isn't because my lessons are bad, but because I want to get better at my job.

In fact, I don't just want to get better; like most teachers I know, I'm a bit of a perfectionist. I have to be. Dozens and dozens of teenagers scrutinize my language, clothing and posture all day long, all week long. If I'm off my game, the students tell me. They comment on my taste in neckties, my facial hair, the quality of my lessons. All of us teachers are evaluated all day long, already. It’s one of the most exhausting aspects of our job.

Teaching was a high-pressure job long before No Child Left Behind and the current debates about teacher evaluation. These debates seem to rest on the assumption that, left to our own devices, we teachers would be happy to coast through the school year, let our skills atrophy and collect our pensions.

The truth is, teachers don’t need elected officials to motivate us. If our students are not learning, they let us know. They put their heads down or they pass notes. They raise their hands and ask for clarification. Sometimes, they just stare at us like zombies. Few things are more excruciating for a teacher than leading a class that’s not learning. Good administrators use the evaluation processes to support teachers and help them avoid those painful classroom moments — not to weed out the teachers who don’t produce good test scores or adhere to their pedagogical beliefs.

Worst of all, the more intense the pressure gets, the worse we teach. When I had administrators breathing down my neck, the students became a secondary concern. I simply did whatever my assistant principal asked me to do, even when I thought his ideas were crazy. In all honesty, my teaching probably became close to incoherent. One week, my assistant principal wanted me to focus on arranging the students’ desks to fit with class activities, so I moved the desks around every day, just to show that I was a good soldier. I was scared of losing my job, and my students suffered for it.

That said, given all the support in the world, even the best teacher can't force his students to learn. Students aren't simply passive vessels, waiting to absorb information from their teachers and regurgitate it through high-stakes assessments. They make choices about what they will and won't learn. I know I did. When I was a teenager, I often stayed up way too late, talking with friends, listening to music or playing video games. Did this affect my performance on tests? Undoubtedly. Were my teachers responsible for these choices? No.

My best teachers, the ones I still think about today, exposed me to new and exciting ideas. They created classroom environments that welcomed discussion and intellectual risk-taking. Sometimes, these teachers' lessons didn't sink in until years after I'd left their classrooms. I'm thinking about Ms. Leonard, the English teacher who repeatedly instructed me to 'write what you know,' a lesson I've only recently begun to understand. She wasn’t just teaching me about writing, by the way, but about being attentive to the details of my daily existence.

It wasn't Ms. Leonard's fault that 15-year-old me couldn't process this lesson completely. She was planting seeds that wouldn't bear fruit in the short term. That's an important part of what we teachers do, and it's the sort of thing that doesn't show up on high-stakes tests.

How, then, should we measure students and teachers? In ninth grade, my students learn about the scientific method. They learn that in order to collect good data, scientists control for specific variables and test their impact on otherwise identical environments. If you give some students green fields, glossy textbooks and lots of attention, you can’t measure them against another group of students who lack all of these things. It's bad science.

Until we provide equal educational resources to all students and teachers, no matter where they come from, we can't say — with any scientific accuracy — how well or poorly they’re performing. Perhaps if we start the conversation there, things will start making a bit more sense.

William Johnson is a teacher at a public high school in Brooklyn who writes on education for the Web site Gotham Schools.

____________________________________________

PortsideLabor aims to provide material of interest to
people on the left that will help them to interpret the
world and to change it.
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More White People Nationally Are on Food Stamps Than Black People
Read the Article at The Chicago Reporter

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Thousands of Sacramento-area teachers soon to receive pink slips

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Susan Ohanian Will be a Keynote Speaker at the Rouge Forum
ConferenceSusan's advocacy work keeps at its core her 20 years as a
teacher. Her more than 300 essays on education issues have appeared in
periodicals ranging from Phi Delta Kappan cover stories to The
Atlantic, Nation, USA Today, Washington Monthly, Extra! (Fairness and
Accuracy in Reporting), and numerous education journals. One of her 26
book on education policy and practice introduced the word
Standardisto.

Although currently censored at the NCTE online discussion site,
Susan's website received NCTE's George Orwell Award for Distinguished
Contributions to Honest and Clarity in Public Language. She has
delivered the annual MacClement Lecture for Excellence in Education,
Queens University, Ontario, Canada, the Helen Oakes lecture at Temple
University, and the Biber Lecture, Bank Street College, New York. 
Susan notes that although she's been a featured speaker at both the
International Symposium for the Educational Welfare in Seoul, Korea,
and British Columbia Teachers' Federation events, her talk to the
Progressive Caucus of the AFT was closed down by angry hoots from the
audience.

Susan started a website to protest the passage of NCLB. She had hoped
to shut it down by now, but things keep getting worse, so she
persists.

*_Call for Proposals_* 
Rouge Forum 2012 
OCCUPY EDUCATION! Class Conscious Pedagogies for Social Change 
June 22-24, 2012 
Miami University 
Oxford, OH 
Proposals Due April 15, 2012

The Rouge Forum 2012 will be held at Miami University in Oxford, Ohio.
The University’s picturesque campus is located 50 minutes northwest
of Cincinnati. The conference will be held June 22-24, 2012. 
Proposals for papers, panels, performances, workshops, and other
multimedia presentations should include title(s) and names and contact
information for presenter(s). The deadline for sending proposals is
April 15. The Steering Committee will email acceptance notices by May
1. (details
http://rougeforum2012.wordpress.com/rf-2012-call-for-proposals/ 
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New York Times Workers Protest Please join us at 3:50 p.m. on
Wednesday for a quiet, 10-minute display of unity, around the
entrances to the Page One meeting room on the third floor. 
The point is to show our common dismay over contract negotiations in
which management seems determined to seriously compromise our
financial welfare, our access to health care and our security in
retirement. We hope that senior editors who witness and understand our
mutual resolve will convey the gravity of the situation to management.
   http://broadcastunionnews.blogspot.com/
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Material appearing here is distributed without profit or monitory gain to those who have expressed an interest in receiving the material for research and educational purposes. This is in accordance with Title 17 U. S. C. section 107..
http://www4.law.cornell.edu/uscode/17/107.html

Listen to Native Voice One http://www.publicbroadcasting.net/nv1/ppr/index.shtml

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