As part of its report “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards,” Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of food processing workers and contingent workers.
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References
1.
Hearing transcript. The Smithfield Packing Company, Inc.–Tar Heel Division and United Food and Commercial Workers Union Local 204, AFL-CIO, CLC, Cases Nos. 11-CA-15522/15634/15666/15750/15871/15986/16010/16161/16423/16680/17636/17707/17763/17824, 1993–1998. On file at the Region 11 Office of the National Labor Relations Board, Winston-Salem, N.C.
2.
Smithfield worker. Human Rights Watch telephone interview, White Oak, N.C., October 12, 1999.
3.
JonesM.Human Rights Watch interview, Wilson, N.C., July 13, 1999.
4.
Smithfield worker. Human Rights Watch telephone interview, White Oak, N.C., October 12, 1999.
5.
Letter from Carol L. Clifford to Dale Talbert, Esq., August 7, 1997. On file with Human Rights Watch.
6.
NLRB Region 11. Order Consolidating Cases, Complaint, and Notice of Hearing, Smithfield Foods, Inc. and United Food & Commercial Workers, Case No. 11-CA-18316, January 21, 2000.
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AtkinsonR.Human Rights Watch interview, Wilson, N.C., July 13, 1999.
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Four Smithfield workers. Human Rights Watch interview, Wilson, N.C., July 13, 1999.
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MooreS.Human Rights Watch interview, Wilson, N.C., July 13, 1999.
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GreeneJ.Human Rights Watch interview, Wilson, N.C., July 14, 1999.
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Husband of Smithfield worker. Human Rights Watch telephone interview, Wilson, N.C., August 17, 1999.
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Smithfield worker. Human Rights Watch telephone interview, Wilson, N.C., August 17, 1999.
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An Open Letter to the Employees of Smithfield Packing [characterized as “A message from the Wilson County Right to Work Committee—fellow citizens concerned for your future”]. On file with Human Rights Watch.
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Cabana workers. Human Rights Watch interview, Detroit, Mich., April 20, 1999.
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SchaubW. C.Jr.Letter to Human Rights Watch, May 4, 1999. On file with Human Rights Watch.
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Former Cabana supervisor. Human Rights Watch interview, April 21, 1999.
17.
NLRB v. Gissel Packing Co., 395 U.S. 575 (1969).
18.
NLRB v. Village IX, Inc., 723 F.2d 1360 (7th Cir. 1983).
19.
Hunter-Douglas, Inc. v. NLRB, 804 F.2d 808 (7th Cir. 1986).
20.
NLRB v. Golub Corp., 388 F.2d 921 (2d Cir. 1967).
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Letter from Cabana president to employees, January 7, 1999. On file with Human Rights Watch.
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RogersD.Human Rights Watch interview, April 20, 1999.
23.
BoxallB.How fair is workfare? Rapid expansion of programs raises new questions about the rights of participants. Los Angeles Times, March 9, 1997, p. B1.
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GreenhouseS.Wages of workfare. New York Times, July 7, 1997, p. B3.
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DurkeeA., director, Office of Financial Assistance Programs, Family Independence Agency, Department of Social Services, State of Michigan. Human Rights Watch telephone interview, February 24, 2000.
26.
Strikers section. Program Eligibility Manual, FIA, PPB 1998-003, 4-1-98.
27.
Failure to meet employment requirements: FS-only cases. Program Eligibility Manual, FIA, PPB 1999-008, 10-1-99.
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Failure to meet employment requirements: FIP. Program Eligibility Manual, FIA, PPB 1999-008, 10-1-99.
29.
Federal Register64: 17793–17797, April 12, 1999.
30.
National Employment Law Project. Employment Rights of Workfare Participants and Displaced Workers. 2000.
31.
National Labor Relations Act, 29 U.S.C. §§ 151–169.
Labor-Management Reporting and Disclosure Act, 29 U.S.C. §§ 401–531.
34.
Human Rights Watch. The U.S. legal framework for workers' freedom of association. In Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards (www.hrw.org/reports/2000/uslabor).
35.
MishelL.BernsteinJ.SchmittJ.The State of Working America. Cornell University Press, Ithaca, N.Y., 1998.
36.
MunkN.The price of freedom: In the much-romanticized free-agent nation, workers are liberated from routines, dress codes and office politics—as well as benefits, vacations and regular paychecks. New York Times Magazine, March 5, 2000, p. 50.
37.
U.S. Department of Labor, U.S. Department of Commerce, Commission on the Future of Worker-Management Relations. Fact Finding Report, May 1994, p. 21.
38.
BernsteinH.While building owners' profits soar, janitors get poorer. Los Angeles Times, August 15, 1989, Pt. 4, p. 1.
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SilversteinS.Janitors' union vows to turn up organizing heat. Los Angeles Times, March 26, 1997, p. D1.
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DresangJ.Demonstrators protest W-2 training system: Community group says it wants “real” jobs, wages for program participants. Milwaukee Journal-Sentinel, November 7, 1997, p. 3.
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DobnickV.Judge rules real work merits real pay; says training cheated homeless. Bergen County Record, March 20, 1998, p. A10.
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HealyM. N.Y.“workfare” not so fair after all, some say. Los Angeles Times, July 5, 1997, p. 1.
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BernsteinN.Fliers given to welfare recipients seek workers to cover a strike. New York Times, April 8, 2000, p. A11.
44.
GreenhouseS.Temporary workers seeking code of conduct for job agencies. New York Times, January 31, 2000, p. B1.
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CourtneyM.Human Rights Watch interview, Seattle, Washington, November 4, 1999.
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NachtigalJ.Human Rights Watch interview, Seattle, Washington, November 4, 1999.
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JuddB.Human Rights Watch interview, Seattle, Washington, November 4, 1999.
48.
HelmL.Technology: 16 Microsoft temps organize into bargaining unit; labor: Group hoping for improved benefits signs a petition seeking representation by local union. Los Angeles Times, June 4, 1999, p. C3.
49.
Microsoft. E-mail to all temporary workers, June 30, 1999. On file with Human Rights Watch.
50.
Microsoft. E-mail, September 17, 1999. On file with Human Rights Watch.
51.
Microsoft. E-mail exchange, September 17, 1999. On file with Human Rights Watch.
52.
NethertonN.Contingent workers: Microsoft changes policy on use of temporary employees. Daily Labor Report (Bureau of National Affairs), February 23, 2000, p. A-7.
53.
CookJ.Microsoft limits amount of time temps can work; new policy could end its “permatemp” problem. Seattle Post-Intelligencer, February 19, 2000, p. B3.
54.
AndrewsP.Microsoft drops TaxSaver software: Workers on project call decision a shock. Seattle Times, March 24, 2000, p. D3.
55.
Microsoft. Partnering in the tax preparation category. E-mail to financial products group, March 22, 2000. On file with Human Rights Watch.
56.
JuddB.Human Rights Watch telephone interview, April 25, 2000.
57.
GoldsteinA.AMA votes to unionize doctors: Group acts in response to managed care's effect on rights, duties of physicians. Washington Post, June 24, 1999, p. A1.
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OrnsteinC.Seeking treatment: Doctors' groups look for ways to stay financially afloat. Dallas Morning News, October 31, 1999.
59.
DermodyB.Teamsters says Airborne is playing a shell game. J. Commerce, May 17, 1997.
60.
NLRB Region 1. Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, Airborne Freight Company et al. and Teamsters Local 251, Cases 1-CA-32742, 32767, March 27, 1997.
61.
NLRB Region 30. Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, Airborne Express, Enterprise Express and Teamsters Local 344, Cases 30-CA-12786, 12963, June 7, 1996.
62.
NLRB Region 9. Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, Airborne Express and Boone Cartage and Teamsters Local 957, Cases 9-CA-36244, 36272 1, −2, −3, December 31, 1998.
63.
WickerK.Going hungry: Airborne Express worker goes on a hunger strike to protest low wages. Dayton Voice, July 23, 1998, p. 1.
64.
BurinsG.A hunger striker says he won't eat until his employer signs a union contract. Wall Street Journal, July 21, 1998, p. 1.
65.
CareyM.Worker in union drive finds back against wall. Albany Times Union. April 8, 1995.
