Workers for Republic Windows and Doors have finally asserted legal claims against the only entity that violated their rights: the company itself. In early December, the workers staged a sit-in after the company ceased operations without providing them legally required notice. Although the slumping housing market caused the business to suffer deep financial losses, politicians, the company's management and the protesting workers blamed Bank of America for the shutdown. After the company exhausted its credit line, Bank of America refused to extend additional financing.
Progressive advocacy, negative media attention, and a ruthless (if not illegal) order by Governor Blagojevich (which barred Bank of America from conducting business with the State of Illinois) helped the workers secure the value of their unpaid wages and benefits from Bank of America and JP Morgan Chase, rather than the company. A month after their protests, however, the workers have filed a petition with the National Labor Relations Board which argues that the company (1) violated federal law by failing to provide adequate notice concerning the shutdown and (2) breached the terms of their collective bargaining agreement by relocating to Iowa without giving them a good faith opportunity to negotiate.
I doubt they can recover under the first theory because they already received payment from Bank of America and JP Morgan Chase. I have no idea how a "remedy" under the second claim would look. The workers seek to have property and equipment returned to the factory, but this seems far fetched. Also, because the company has now entered the bankruptcy process, recovering anything from it looks bleak. In order to recover anything at this point, the workers need to demonstrate that the new company is simply the old one with a new name.
But I have always suspected that the owners of Republic Windows and Doors have powerful friends in Illinois who helped to shield them from criticism. The company received almost $10 million in subsidies from the City of Chicago, and Mayor Daley reportedly lobbied for them to obtain the funds. To date, Bank of America, not the company, remains the villain to most of the public. Today, Chicago papers report that the city cannot recoup the value of the subsidies from Republic Windows.
Related Readings on Dissenting Justice:
MADE IN IOWA: Did Company in Chicago Sit-In Illegally Discard Its Workers and Quietly Relocate While Liberals Forced BOA to Pay for the Shady Scheme?
Republic Windows and Doors Received a Bailout from Chicago Before It Bailed Out of Chicago
Laid-Off Republic Windows and Doors Workers: Pawns in Political Football
"Scratching and Surviving" Less Newsworthy Than Politicians at Labor Protests: Scant Media Coverage of Republic Windows Workers After Sit-In
Factory Closes in Chicago; Workers Invoke Bailout During Protest
What (I Think) Progressives Should Have Done for Workers of Republic Windows and Doors
New Chapter for Republic Windows: Bankruptcy
Showing posts with label sit-in. Show all posts
Showing posts with label sit-in. Show all posts
Tuesday, January 13, 2009
Tuesday, December 9, 2008
What Did Obama Really Say About the Chicago Sit-In? Depends on What the Meaning of "If" Is
Yesterday, President-Elect Barack Obama expressed his views on the workers who are protesting the failure of their company to provide them with notice of a shutdown as required by federal and state law. Before turning to his comments, let's take a look at how liberal commentators have construed them. Most of the reaction was extremely positive. Many progressives cited Obama's remarks as a wonderful and rare example of a president expressing support for class struggle.
Daily Kos
Obama Supports Republic Windows Workers Who Are Occupying Factory!
I didn't think he'd do it, but he did. I figured Obama would sit this one out. I mean, occupying a factory is illegal, at least formalistically. There could be a political downside. He didn't have to say anything. But I was wrong.
Huffington Post
Obama Encourages Worker Protest At Chicago Factory
The protest, along with vocal support from President-elect Barack Obama, Illinois Gov. Rod Blagojevich, civil rights activists and others, has . . . created . . . a chance for unions that have been losing members and strength for years to show they still matter.
Balkinization
In any event, I confess myself exhilarated by having a president-elect who may be unafraid to recognize the existence of class conflict in America and who seems willing to put the power of the United States behind the victims of what in the 1930s would have been called capitalist exploitation (and today can be described perhaps as "the operation of impersonal economic forces").
Guardian Unlimited
After eight years of labour being exiled to the wilderness in favour of corporate hand-outs, it is a rather stunning to watch what's now unfolding in response: President-elect Barack Obama has publicly come out in unequivocal support of the workers . . . .
Yglesias
Change I Can Believe In
How nice is it to have a pro-labor president. . . I like it.
Now, here are Obama's specific comments on the situation:
Obama's statement is a straightforward, unassailable legal principle. No one can dispute that "if" workers are entitled to unpaid wages and benefits, then their employers should pay them. The Left, however, has read this as a progressive support of the sit-in, which he carefully avoids endorsing.
Obama only stated that he supports the workers demanding money to which they potentially are legally entitled. They could make this demand through litigation, an open-letter, or any number of means. Besides, the business is not operating at the site, and it has not complained about the presence of the workers. There is no issue of a work stoppage or slowdown. This is a unproblematic sit-in.
Obama also does not argue that Bank of America should pay the wages, which separates him from state and local politicians and the workers. Instead, he makes a generalized statement about ensuring that federal relief to lending institutions reach companies that need credit. My advice to the Left: Learn to read. . . between the lines.
Related Readings on Dissenting Justice:
* Laid-Off Republic Windows and Doors Workers: Pawns in Political Football
* Dodd's Discriminatory Bailout: "Regime Change" for Main Street, But Not for Wall Street?
* Factory Closes in Chicago; Workers Invoke Bailout During Protest
* Paulson, Geithner and Rubin: How the Big Three "Hooked Up" Citigroup
* Was GOP's Opposition to Bailout a Clever Ploy? Concessions for House Republicans Could Increase Budget Deficit, Make Plan More Expensive
* READING THE FINE PRINT: BAILOUT IS STILL A DEAL PRIMARILY FOR BANKERS
* Bringing Back Welfare As We Knew It: My Indignant Take on the Wall Street Bail-Out
Daily Kos
Obama Supports Republic Windows Workers Who Are Occupying Factory!
I didn't think he'd do it, but he did. I figured Obama would sit this one out. I mean, occupying a factory is illegal, at least formalistically. There could be a political downside. He didn't have to say anything. But I was wrong.
Huffington Post
Obama Encourages Worker Protest At Chicago Factory
The protest, along with vocal support from President-elect Barack Obama, Illinois Gov. Rod Blagojevich, civil rights activists and others, has . . . created . . . a chance for unions that have been losing members and strength for years to show they still matter.
Balkinization
In any event, I confess myself exhilarated by having a president-elect who may be unafraid to recognize the existence of class conflict in America and who seems willing to put the power of the United States behind the victims of what in the 1930s would have been called capitalist exploitation (and today can be described perhaps as "the operation of impersonal economic forces").
Guardian Unlimited
After eight years of labour being exiled to the wilderness in favour of corporate hand-outs, it is a rather stunning to watch what's now unfolding in response: President-elect Barack Obama has publicly come out in unequivocal support of the workers . . . .
Yglesias
Change I Can Believe In
How nice is it to have a pro-labor president. . . I like it.
Now, here are Obama's specific comments on the situation:
When it comes to the situation here in Chicago with the workers who
are asking for their benefits and payments they have earned, I think
they are absolutely right . . . .
I think that these workers, if they have earned their benefits and their pay, then these companies need to follow through on those commitments.
Obama's statement is a straightforward, unassailable legal principle. No one can dispute that "if" workers are entitled to unpaid wages and benefits, then their employers should pay them. The Left, however, has read this as a progressive support of the sit-in, which he carefully avoids endorsing.
Obama only stated that he supports the workers demanding money to which they potentially are legally entitled. They could make this demand through litigation, an open-letter, or any number of means. Besides, the business is not operating at the site, and it has not complained about the presence of the workers. There is no issue of a work stoppage or slowdown. This is a unproblematic sit-in.
Obama also does not argue that Bank of America should pay the wages, which separates him from state and local politicians and the workers. Instead, he makes a generalized statement about ensuring that federal relief to lending institutions reach companies that need credit. My advice to the Left: Learn to read. . . between the lines.
Related Readings on Dissenting Justice:
* Laid-Off Republic Windows and Doors Workers: Pawns in Political Football
* Dodd's Discriminatory Bailout: "Regime Change" for Main Street, But Not for Wall Street?
* Factory Closes in Chicago; Workers Invoke Bailout During Protest
* Paulson, Geithner and Rubin: How the Big Three "Hooked Up" Citigroup
* Was GOP's Opposition to Bailout a Clever Ploy? Concessions for House Republicans Could Increase Budget Deficit, Make Plan More Expensive
* READING THE FINE PRINT: BAILOUT IS STILL A DEAL PRIMARILY FOR BANKERS
* Bringing Back Welfare As We Knew It: My Indignant Take on the Wall Street Bail-Out
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