Coping with Clopening: Retail Worker’s Most Dreaded Shift

By liberte Locke - April 11, 2012

I drag my broken jittery body home through the maze of late night construction New York City subways. I finally reach my quiet apartment where the only ones up are our three cats screaming for food and persistently walking just where I’m trying to walk. Tonight I manage to not step on them but usually, in this state, I can’t help it. I apologize with head-pettings and catnip. I feed the cats and then remember that I spent my entire lunch break at work chain smoking away that last extremely rude customer I had before clocking for my break instead of eating the ramen noodles that I brought. I open the fridge and realize that every meal possible would take way more work than I have in me so I close the door.

I go to the bathroom and while peeing set my alarm on my phone. This is a ritual. I’ve learned in the past that it is completely possible after a closing shift that I may just fall asleep in the bathroom. And if not the bathroom, maybe while sitting up trying to eat a late meal or laying on the couch watching tv. So setting my alarm as soon as I get home is crucial. Being late to work when I’m targeted by management (because of being a union organizer) is not an option, ever.

I’m awake enough from all the caffeine I consumed at my job, Starbucks, that I don’t fall asleep in the bathroom but I do spend ten minutes fumbling brainlessly through the clean laundry I didn’t have time to put up. I’m looking for something loose to sleep in – it takes so long because twice I forget entirely why I’m digging through the bag and I start putting laundry up thinking that is what I what I meant to be doing. I then suddenly stop, thinking to myself, “it’s too late for this, I’m exhausted. Go to bed. Go to bed.” I finally change and go into the living room to watch tv.

I already know that going straight to bed, no matter how tired I am, won’t work. I have to turn off my brain first. Without some distraction my brain will just fill will endless To-Do lists. My responsibilities pile up. All the things I need to get done combine with what I’d like to get done. I’m filled with regret for what I was unable to get done with my day because of having work and then being too exhausted to do anything else. I’m so tired that petty concerns really consume me. I think and re-think about Facebook status updates to reflect my exhaustion and busyness just praying that all the crucial folks will see it and realize why I haven’t returned their phone calls, emails, or finished my deadlines for different projects. These lists go on and on but I’m too tired to even hold a pen to write the lists down.

Jimmy John's Workers Hit the Bricks to Bring Bosses into Compliance with Court Order : Over a Year After Mass Firing, Search for Justice takes Workers from Courtroom to the Streets

MINNEAPOLIS- Picket lines will popped up around Jimmy John's at noon today as sandwich workers and supporters from Occupy Minneapolis and local labor unions sought to persuade franchise owners Mike and Rob Mulligan to comply with a judge's order to reinstate six workers illegally fired for blowing the whistle on company policies which expose customers to sandwiches made by sick workers. Although an NLRB judge ruled on Friday that the workers must be offered reinstatement within 14 days, federal labor law allows employers to illegally fire workers and then drag out appeals for years with minimal penalties.

"The dysfunction of US labor law means that crime pays for bosses in America. We are calling on Mike and Rob Mulligan to do the right thing and abide by the court order, rather than delay justice by pouring more money into a losing legal battle," said Max Specktor, one of the fired workers.

According to the judge's ruling, Jimmy John's workers can be disciplined if they call in sick without finding a substitute. A union survey revealed that this policy, in conjunction with minimum-wage workers' inability to afford to take a day off, result in an average of two workers making sandwiches while sick every day at the Minneapolis franchise of the chain. Minnesota Department of Health reports document three outbreaks of foodborne illness in the past five years at the franchise, due in part to sick workers.

Workers at Jimmy John's then began campaigning for the right to call in sick and paid sick days in January 2011. Despite the clear risk to public health of workers making sandwiches while ill, franchise owners Mike and Rob Mulligan stonewalled employee requests for sick day policy reform for more than two months, prompting union supporters to take their message to the public by posting 3000 copies of a poster explaining that workers are forced to make sandwiches while sick. Mike and Rob Mulligan lashed out in retaliation, firing six workers and disciplining others. On the witness stand, Mike Mulligan admitted under oath that he had fired the six workers because he perceived them as the "leaders and developers" of a unionization effort. Mulligan's credibility was further eroded when he testified to intentionally lying about the franchise's food safety record to the press.

May Day Resolution by the Los Angeles Ricardo Flores Magon General Membership Branch of the Industrial Workers of the World

Whereas increasing numbers of working class and dispossessed people in the United States have begun to meet face to face to proclaim their opposition to economic injustice and define their interests in democratic popular assemblies, autonomous from political parties, as part of the Occupy Movement, which resonates deeply with the IWW's traditions and principles, and

Whereas millions of working class and dispossessed people around the world, but especially in Northern Africa and Western Asia, have been organizing themselves to overthrow the governments that enforce the capitalist and neocolonial domination and exploitation they have resisted for generations, and

Whereas the IWW has stood since its founding in 1905 for the proposition that:

"The working class and the employing class have nothing in common. There can be no peace so long as hunger and want are found among millions of the working people and the few, who make up the employing class, have all the good things of life.

Between these two classes a struggle must go on until the workers of the world organize as a class, take possession of the means of production, abolish the wage system, and live in harmony with the Earth." and

Whereas since 2006 the tradition of the movement for the rights of migrant workers in the U.S. has been to mobilize themselves and their allies for mass actions on May 1 to disrupt the functioning of the economic system and political discourse of the 1%, and

Whereas every year May Day is celebrated globally as International Workers Day to commemorate the struggle of the international working class to emancipate itself through the class war over the centuries, and

Whereas May Day 1890 was proclaimed to be an international day of working class protest by the Second International against the repression of the 8 Hour Day movement in the U.S. where 8 mostly immigrant anarchist labor organizers were arrested, with 4 being hanged and one committing suicide the night before the hangings, after an unknown person threw a bomb at police who were repressing a protest against police brutality in Haymarket Square in Chicago, and

Whereas the Los Angeles branch of the IWW welcomes this opportunity to organize alongside OccupyLA and other participants in the Los Angeles General Strike Coalition to help the working class build the skills, the community, and the combativeness necessary to defend ourselves, our elders, and the generations to come from the global threats of austerity, exploitation, imperialism and ecocide.

Be it resolved that the LA Branch of the IWW endorses the May 1, 2012 General Strike and commits to work as part of the Los Angeles General Strike Coalition by conducting trainings and participating in actions in the lead up to May 1.

Industrial Worker - Issue #1744, April 2012

Headlines:

  • Industrial Bakery Workers Fight For Dignity In NYC
  • Living Wage Victory For IWW Cleaners In London
  • IWW Launches In Uganda

Features:

  • Direct Unionism And Beyond
  • Special: Lessons From Workplace Organizing
  • IW Book Review: The Fiction Issue

Download a Free PDF of this issue.

Federal Judge Finds Jimmy John's Guilty of Illegally Firing Whistleblowers in Sick Day Campaign : Long Delay in Legal Process Demonstrates Dysfunction of US Labor Law

MINNEAPOLIS- A federal judge has ordered Jimmy John's to reinstate six workers fired by franchise owners Mike and Rob Mulligan over a year ago for blowing the whistle on company policies that expose customers to sandwiches made by sick workers. Jimmy John's workers can be written up or fired if they take a day off without finding a substitute when they are sick. A union survey revealed that this policy, in conjunction with minimum-wage workers' inability to afford to take a day off, result in an average of two workers making sandwiches while sick every day at the Minneapolis franchise of the chain. The judge's ruling requires that Jimmy John's reinstate the six workers with back pay within 14 days, but the employer could manipulate the appeal process to stall resolution of the case for several more years.

While the workers hail the judge's ruling as a victory for whistleblower rights, they point out that justice delayed is justice denied. “It has already been over a year since we were illegally fired for telling the truth. For all the hard work and dedication of the NLRB's civil servants, employers like Jimmy John's prefer to break the law and drag cases through the courts for years rather than let workers exercise their right to win fair pay, sick days, and respect through union organization,” said Erik Forman, one of the fired workers, “The dysfunctional US labor law system gives Mike and Rob Mulligan and their cronies in the 1% carte blanche to trample on workers rights. Jimmy John's workers, and the rest of the 99%, will only be able to win a better life by taking our fight from the courtroom back to the shopfloors and the streets."

The story of the unionization effort at Jimmy John's reads like a cautionary tale about the inefficacy of labor law in the United States. A majority of Jimmy John's workers demanded union recognition in September 2010, primarily seeking a pay increase above minimum wage. In response, the company spent over $85,000 on a vicious anti-union campaign with the help of outside union-busting consultants. In spite of rampant illegal intimidation, the workers came within a hairs-breadth of victory in an 85-87 vote that the NLRB later threw out due to over 30 employer violations of federal labor law in the election period.