Why Montpelier's Downtown Union Drive Ended
Submitted on Mon, 07/18/2005 - 9:40pm
By James Haslam - The Barre - Montpelier Times Argus, July 15, 2005
Disclaimer - The following article is reposted here out of solidarity for the rank & file workers described herein. Their views, the views of the author, and the views of the publisher do not necessarily agree with those of the IWW and vice versa.
For several years, there was a steady flow of calls to the Workers' Center'sWorkers Rights Hotline from workers in downtown Montpelier. All kinds ofworkers in all kinds of workplaces had complaints and questions about beingtreated unfairly at work. Unfortunately, as many people know from firsthandexperience, it's often difficult or impossible for one individual worker tosolve problems on the job. Workers have very few individual rights, under ourlabor laws.
In June of 2003 the Vermont Workers' Center - Jobs With Justice began partneringwith United Electrical, Radio & Machine Workers of America (UE) to pioneer aninnovative response. Jointly we committed ourselves to help workers inMontpelier learn about collective action and organize a citywide union.Immediately there was a lot of interest amongst workers, people working inshops, markets, theaters, restaurants, and bars. And now -- after almost twoyears of struggle -- this month the UE and Workers' Center decided to end theDowntown Union campaign.
The high turnover in this low-wage industry, combined with the retaliationagainst some high-profile leaders of the union, has made it difficult torecruit enough active leadership. Looking back, the Downtown Union experiencedlots of challenges, but also unexpected success.
Every day, the Workers' Rights Hotline receives calls from workers all overVermont who have experienced unfair treatment on the job. Favoritism,discrimination and disrespect, and unjust firing are all common in Vermont'sworkplaces, and all are perfectly legal. The law protects workers againstdiscrimination based on race, gender, and a handful of other protectedcategories -- though the legal process is slow, and discrimination oftendifficult to prove -- but for the most part, the only way for American workersto have enforceable rights on the job is through a union contract.
For workers in small retail and service establishments, organizing one smallshop at a time is simply not possible under current American labor law.Furthermore, some issues, such as the lack of livable wages and healthcare, canonly be addressed on an industry-wide basis, or require political solutions toprotect small businesses from the predatory practices of big-box stores. Thisis why Montpelier downtown workers sought to organize a city-wide union. Asthey started gathering together they realized there were issues they would liketo address. The idea of a Downtown Workers in Montpelier gradually took hold.Often expressed as: "If business owners have their employer association,doesn't it make sense to have ours?"
Many downtown employers were not as thrilled about the possibility of downtownworkers having their own organization. When the conflicts that happen every dayin some workplaces were brought out into the open, the union was sometimesaccused of causing polarization. In fact, the union was often just bringingthese long-standing problems out of the closet and into the light of day. Butthis process does involve conflict, and sometimes it made some residents ofMontpelier uncomfortable. A memorable example is that of the conflict with theBashara Corporation, which operates J. Morgan's Steakhouse. After the majorityof workers at the steakhouse signed up for the union in a span of a few weeks,the Bashara Corporation responded in a Wal Mart-style illegal union-bustingcampaign. Nearly 30 charges of Unfair Labor Practices against pro-unionemployees were filed against the Bashara Corporation. These included charges ofpeople being fired and having hours cut. The National Labor Relations Boardinvestigated, a settlement was reached and workers received back pay. But theintimidation had worked. The workers who had previously signed-up for the unionbecame scared of losing their jobs. Bashara Corporation was allowed toundermine their workers union despite the overwhelming support the workersreceived from the community. Unfortunately this was another sad example of thefailure of labor law in this country.
The Montpelier Downtown Workers Union did not succeed in its ambitious goal ofestablishing basic standards for working conditions in downtown Montpelier, letalone being able to enforce them through a union contract, but there also wassuccess. There were workers who initially opposed the idea of the union, butthen experienced unfair treatment themselves and seeking the help of the unionstewards. Some of these folks themselves became vocal union supporters. Theunion assisted workers throughout downtown Montpelier, from both small storesand corporate employers, in resolving numerous problems, ranging fromdiscriminatory application of store rules to receiving back wages or settlementchecks as a result of wrongful firings and sexual harassment.
But perhaps the single greatest accomplishment was bringing attention to therights of people working in this industry. As one union activist put it in aninterview last summer, "We're not invisible any longer. That's a victory."Since this campaign started, some workers have told us that their employershave been on their best behavior. The concept of organizing in an industrywhich is not a traditional place for people to have unions has been raised.
Many union organizing campaigns take a few rounds to succeed. The Fletcher AllenHealth Care Registered Nurses voted against the union twice, and a few yearslater reconsidered and voted in a union by a 2-to-1 margin. The faculty at UVMhad three union elections over a 20 year period before they succeeded inestablishing their union.
In many ways the energy of the campaign is continuing in new forms. Workers atVermont Center of Independent Living who joined are now becoming associatemembers of UE Local 221, which represents workers who work for non-profitorganization across the state. Some former Downtown Union members and othersare attempting to start a union chapter of the Industrial Workers of the World(IWW) as something different and separate from the UE and Vermont Workers'Center.
At the Vermont Workers' Center we have learned a great deal from supporting theefforts of the Downtown Union campaign and are committed to continuing thecampaign for workers' rights. Whatever form that campaign takes, we will bethere to support workers who are organizing for good jobs at livable wages,decent healthcare, and dignity and respect on the job.
James Haslam is director of the Vermont Workers' Center - Jobs With Justice.More information available at www.workerscenter.org. The Vermont Workers'Rights Hotline is 802-229-0009.