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KC
17th March 2008, 18:55
Capital Returns Update Following the Rally

First of all, we would like to thank all the people who came out in the freezing cold to support the workers of Capital Returns. Many of you are probably wondering what is going on with the campaign and why there wasn’t a follow-up immediately after the rally. Anyway, I just want to give everyone an update as to what is going on.

Prior to the rally, the company brought in a State Representative by the name of Jason Fields, a democrat and African American. Rep. Fields, an anti union democrat has a niece who works at Capital Returns in the human resources department which has been at the lead of the union busting attack. Anyway, Rep. Fields had a captive audience meeting and told the low income work force that Capital Returns was in fact a “great place to work” and if a union were to come in, that the chances of the company closing would become very great; something that we know to be completely untrue based on profits that the GENCO Capital Returns posted last year and potential contract that the company is prepared to get with Wal-Mart.

Along with the remarks against the union that Rep. Fields expressed to the workers; the company has continually held an hour and a half meetings with the workers aimed completely at scaring and intimidating them to vote NO leading up to the election. Because of the power structure that doesn’t give the United Steelworkers or any community organization the chance to tell workers at these meetings the merits of what becoming the union could get them: fair pay, decent healthcare, accountability of management, a grievance procedure and many other basic rights, the only thing that the workers of Capital Returns are hearing is the negatives that are told and told again to them in meetings that the company is holding with the workers.

As you may have noticed at the rally, there were a lower number than expected amount of employees coming out the main gate. What happened was that the company knew the symbolic power that all of us would have if they were seen by the workforce so in response to this, the company hired airport vans to transport the workers out the back entrance to an undisclosed parking lot so that they would not see the people at the gates.

Following the rally, and before the elections, probably the slimiest thing that the Capital Returns did to see to it that the company would not become union was giving the workers a 2 and a half percent pay increase. This might sound good any other way, but the way in which they conducted this pay increase was very cold and calculated. The company stipulated that the pay increase would show up on the pay stub that came the week before the election (and the pay increase would be retro-active back to the first of the year). This essentially meant that although their pay increase would only be about 10 dollars per paycheck, because it was retro active back to the first of the year, it looked like on the pay stub leading up to the elections that they had received a 40 or 50 dollar pay increase per pay period. Following the election, when the pay increase normalizes, the big boost in money that the workers received on the pay stub right before the elections will all but disappear the paycheck after the election!

Following the rally, the United Steelworkers, with the help of organizers from all over the Milwaukee area blitzed the streets to do house calls at the workers homes. After going to 210 houses over the course of 3 days, they were only able to speak to less than ten and on the day that the union meeting came up, only 3 workers showed.

With elections at Capital Returns coming up next Thursday, the chances of the United Steelworkers winning the election our slim despite the outspoken community support. Because of the numerous amount of unfair labor practices constituted by law, the United Steelworkers have decided to file the petition and block the election for a few weeks, if we are successful, the elections will be postponed and we will need all of your support in mobilizing a massive, quick and effective couple of tactics that we can be involved in that will show the workers that we support them.

Because of the way timing is going to come to play in this, it is hard for me to say what exactly were going to do until Monday when the ULP (Unfair Labor Practice) goes through. I’ll be sure to keep you posted, were going to need everyone’s support to ensure that the workers at Capital Returns come out of this battle victoriously.

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KC
17th March 2008, 19:01
More information, along with a general outline as to what's been happening:

NLRB postpones election at Capital Returns


http://www.milwaukeelabor.org/data/news/wrkersrights.jpg Unions and community groups rally at Capital Returns to show support for employees
Capital Returns, whose uncaring treatment of workers was the subject of a Labor Press expose in December, is now facing a formal unionizing effort brought by workers who want the company to pay attention to conditions, safety, health and pay.

Receiving sufficient cards from workers asking to be represented by USW (the United Steelworkers), the NLRB scheduled an election for March 6.

But Irv Gottschalk, executive director of NLRB Region 30 located in Milwaukee, confirmed that the election has been “postponed indefinitely” while the federal agency takes testimony on unfair labor practices and other charges brought by the USW.

The NLRB will also seek the company’s response and its hearing officers may initiate questions of their own as more complaints and information come in.

In the early stages, testimony was being taken about unlawfully threatening (or giving the impression of disciplining) employees for pro-union insignias and literature and for engaging in surveillance for purposes of intimidation. More cases are coming in.

Community rallies at the plant have also led to charges against the company for its behavior, but they have also led to online videos by the workers’ supporters to tell the story

The most recent video (http://www.youtube.com/workerjust), after three minutes setting the scene, brings to the forefront how many of these low-wage workers are African American women with children, some pregnant, handling the medical and waste substances on the processing lines. Actual workers describe the conditions while representatives of USW and the Milwaukee Area Labor Council make it clear they won’t quit until things change.

The NLRB case is emerging as almost a textbook for the USW on why the Employee Free Choice Act is needed in the US to prevent games when workers try to organize.

Even clarifying just who is in this workforce has become a battle. The numbers have been lower than 300 in some NLRB discussions (excluding guards and office workers not part of the USW effort or the NLRB concern). That gave the USW a majority of workers requesting the union – until the company somehow recounted.

Then the workforce numbers jumped above 400 in lists exchanged with the union and the NLRB. (These are lists that all parties keep private.) Gottschalk confirmed that a new list will have to be generated at the end of the investigation.

How many work on the line? This could also be a numbers game both the city and state are interested in, having provided Capital Returns some serious financial aid – making available at least $3.6 million in response to pledges by Capital Returns when it moved to a new home in the old Evinrude plant at 6101 N. 64th St.

The money – a mixture of forgivable loans, good-term loans and tax credits offering deductions for additional workers – all required Capital Returns to increase its hiring of residents.
So the companpy is obviously on a considerable financial hook to add specific numbers of residents to the workforce over several years.

Yet one of the unfair labor practices filed by the USW says the employer and its agents unlawfully threatened to close the facility if the employees elected a union. Those managers never mentioned to workers the depth of financial support the company receives from taxpayers, and the penalty for abandoning these arrangements, realities that turn hollow any threat of imminent departure.

The loans and tax credits also require the company to report additions to its workforce, which makes the confusion about the number of processing workers seem strange. Workers say there has been a big turnover, and Labor Press found staffing service agencies that were looking for workers for Capital Returns.

Labor Press research also found an amazing range of government regulations and rules in play that extend beyond the money sources – which are the state Department of Commerce and the City Department of Development and its related corporation.

The concerns about safety, health and environmental standards involve the state’s DWD (Department of Workforce Development) and DNR (Department of Natural Resources) and the city’s new Workforce Investment Board, which lists Capital Returns as a supporting company.

The regulatory and protection issues also touch the federal DOL (Department of Labor), OSHA, EPA (Environmental Protection Agency) and even the CDC (Centers for Disease Control and Prevention).

The old Evinrude plant that taxpayers helped Capital Returns move into, in exchange for those promises to increase the resident workforce, is a large facility of several buildings that stretches around the block. The company apparently tried to shepherd workers out the back door during one organizing effort, which is one of the issues of complaint the NLRB is looking into.

Dominique Paul Noth
Editor, Milwaukee Labor Press


Workers describe Capital Returns' anti-union tactics on YouTube (http://www.youtube.com/workerjust)

You can find the full story about Capital Returns on this website by going to the Labor Press link and archives and clicking on the December 2007 edition.


Source (http://www.milwaukeelabor.org/in_the_news/article.cfm?n_id=0036)