On Friday I mentioned that the Coalition of Immokalee Workers had just announced victory in the Burger King penny-a-pound pass-through campaign. It turns out that the news is even better than I thought. The news reports that have come out since the announcement reveal that not only did Burger King agree to join the penny-a-pound, but the Florida Tomato Growers’ Exchange (the cartel and legislative lobby which represents 90% of Florida tomato farm owners) has also substantially caved in the face of pressure from the CIW and its supporters. Although they are still saying that member farms should not participate, they’ve given up on the hardball tactics they were trying to use to enforce cartel discipline.

Whether workers actually get the increase hinges on tomato growers’ participation.

McDonald’s and Yum! Brands, the world’s biggest fast-food chain and restaurant company, respectively, already have agreed to the raise; Yum!, parent company of Taco Bell, Pizza Hut and more, signed on in 2005; McDonald’s in 2007.

Workers got the extra money for two seasons, then the Florida Tomato Growers Exchange threatened $100,000 fines to any grower member who participated, which stalled the payouts. They’ve since been collecting in escrow. About 90 percent of the state’s tomato growers belong to the exchange.

But the exchange announced Thursday it would no longer threaten members with those fines, said executive vice-president Reggie Brown, in response to inordinate and inappropriate focus on the (fines) by the media.

—Amy Bennett Williams, Ft. Myers News-Press (2008-05-24): Tomato pickers celebrate deal with Burger King

Brown is still muttering baseless and murky threats about federal antitrust laws and how participating in the pass-through program could somehow subject growers to lawsuits. (Subjected to lawsuits by whom? Is that supposed to be a prediction or a threat?) So there is still a danger of some very dirty pool and government union-busting here. But the FTGE looks like it’s on the ropes, and their retracting the threat of fines makes it much more likely that individual farm owners will begin participating in the pass-through program again, if nothing else as an incentive for attracting workers away from non-participating farms — an incentive which it costs the farm owners nothing to offer.

In the meantime, the fast-food participants have announced that they will continue to honor the penny-per-pound agreement and pay into the escrow account in case growers change their minds:

McDonald’s and Yum Brands, the world’s biggest fast-food chain and restaurant company, respectively, have agreed to the raise …. Yum, parent company of Taco Bell, Pizza Hut and more, signed on in 2005; McDonald’s in 2007.

Workers received the extra money for two seasons, but then the threatened fines from the exchange stalled payouts. Both companies have been honoring the agreement with the raise amount collecting in escrow.

They say they will continue to honor the agreement.

It’s the right thing to do, and we encourage others to follow our lead, said Taco Bell spokesman Rob Poetsch. While we continue to set aside monies for the affected workers, we’re disappointed that the intended recipients are being penalized.

Now that the threat of fines is gone, members and supporters of the Coalition of Immokalee Workers are wondering what it might mean.

If the (threats of fines) are in fact being lifted, that would be good news, said coalition co-founder Lucas Benitez. We hope our agreements with Yum and McDonald’s will be allowed to again function as they had in the past and workers received a fairer wage.

—Amy Bennett Williams, Ft. Myers News-Press (2008-05-23): Tomato growers’ group relents on imposing fine for giving pickers raise

Eric Schlosser, who has been doing some very good work in reporting on the C.I.W.’s struggle, offers an analysis that combines some incredibly muddled history with some admirably clear-sighted analysis of the current position of the C.I.W. within the farmworkers’ struggle:

This may be the most important victory for American farmworkers since passage of California’s Agricultural Labor Relations Act in 1975. That bill heralded a golden age for farm workers. But the state government apparatus it created, the Agricultural Labor Relations Board, got taken over by the growers in the 1980s and watered down the reforms. In Florida, the Coalition has chosen a different path, avoiding government and putting pressure on the corporations at the top of nation’s food chain. The strategy clearly works and can be emulated by other workers in other states. In the absence of a government that cares about the people at the bottom, here’s a way to achieve change.

—Eric Schlosser, quoted by Katrina vanden Heuvel, The Nation (2008-05-23): Sweet Victory: Coalition for Immokalee Workers Wins

The muddle, of course, has to do with the California Agricultural Labor Relations Board and the mythical golden age for farmworkers. Actually the ALRB is exactly what strangled the dynamism of the once-vibrant United Farm Workers, by pulling California farmworkers’ unions into the smothering embrace of bureaucratic patronage, which had strangled the dynamism of the rest of the labor movement for decades under the Wagner/Taft-Hartley system — thus capturing a once revolutionary movement and converting it into just another arm of the State-domesticated labor establishment. It should be no surprise that within a decade the ALRB had been completely captured by the farm bosses; government boards are always captured by the most powerful and best-connected players. Any look at history or at the basics of political economy should quickly demonstrate that Schlosser’s in the absence of is really a statement of universal truth, not a remark on the sad state of affairs today: there will never be a government that cares about the people on the bottom. It’s the State that largely puts them on the bottom in the first place and then keeps them there. Any scraps that it may throw down from the master’s table are intended to keep the rest of us just barely fed enough to keep begging, instead of giving up and taking matters into our own hands.

What Schlosser is right about is that the C.I.W.’s strategy works, and deserves emulation. What I’d want to add, and stress, is that it works not despite the fact that they have avoided entangling themselves in the government labor bureaucracy; it works because they have. The C.I.W. has won all these struggles precisely because they have used creative fight-to-win tactics (especially secondary boycotts) that would be completely illegal if they were subject to the bureaucratic discipline of the NLRB. It’s precisely the freedom that they enjoy as a wildcat union, ineligible for NLRB recognition, which has allowed them to disregard the usual modesty in demands and politeness in means that the Taft-Hartley rules demand.

These victories with the FTGE and Burger King are not the end. The C.I.W. has announced that it will now challenge grocery stores and other fast food restaurants to join Yum Brands, McDonald’s, and Burger King in the pass-through agreement. Every victory in this campaign has made the next victory come quicker: the Taco Bell boycott took four years for victory (from 2001 to 2005); the C.I.W. won an agreement from McDonald’s after two years of active campaigning (from March 2005 to April 2007); and these victories in campaigns against Burger King and the FTGE took just over one year (from April 2007 to May 2008). Lucas Benitez has indicated that the C.I.W. will most likely target Chipotle and Whole Foods next — that is, major tomato buyers who each have a significant stake in maintaining a brand image of corporate social responsibility. There’s good reason to hope that the trend will continue and these campaigns will lead to a speedy victory.

Fellow workers, this past week’s victories for creative extremism and wildcat unionism are both an inspiration and a reminder. We should never forget that the workers have more power standing with our hands in our pockets than all the wealth and weapons of the plutocrats and politicians. Yes, we can do it—ourselves. And we will.

See also:

• GT 2008-05-23: ¡Sí se puede! Victory for the Coalition of Immokalee Workers in the Burger King penny-per-pound campaign
• GT 2007-12-06: Solidaridad
• GT 2007-11-30: Coalition of Immokalee Workers marches in Miami
• GT 2007-04-19: ¡Sí se puede! The CIW wins a groundbreaking wages and conditions agreement with McDonald’s
• GT 2005-03-31: Anarquistas por La Causa
• GT 2005-03-23: ¡El pueblo unido jamás será vencido!

Over at LewRockwell.com Blog, Karen De Coster recently posted about Ford’s Camaçari assembly plant in Brazil, taking it as an opportunity to complain about the way union thugs [sic] run Ford’s business in Estadounidense assembly plants, and how Ford may have trouble introducing a similar manufacturing model in U.S. plants because the UAW is hesitant. Other than noting that the stories are little more than a couple of glorified Ford Motor Company press releases, passed off as journalism by the Detroit News, I don’t have anything in particular to say about the set-up Camaçari, or for that matter about Ford Motor Company or the UAW. (I consider the both of them to be brontosaurs of state capitalism — massive, slow, stupid, and probably doomed to extinction.) But I do want to mention De Coster’s boilerplate complaints against labor unions, and what they presuppose.

De Coster, like lots of other anti-union libertarians, claims that unions are economically harmful because they’re toxic to efficiency and flexibility. The idea is that organized workers will tend to use their organization to oppose advances like automation, technological upgrades, flexible job duties, and reorganization of processes for greater efficiency. Partly because union contracts tend to preserve old job descriptions in amber, to better mark off each worker’s turf, and partly because organized workers will use their coordinated bargaining power to oppose anything that reduces organized workers’ hours or introduces new, not-yet-unionized (or differently-unionized) jobs into the shop. I don’t necessarily find this complaint very persuasive. But. hell, let’s grant most of it, for the sake of argument. Suppose that a union like the UAW does tend to block upgrades for greater efficiency and flexibility. If that’s true, why is it true? Because the unionized workers don’t own the means of production.

It’s no surprise that there would be conflicts between the interests of the workers and the interests of the boss and board when it comes to innovation in shop-floor technology or processes. For a wage laborer, sometimes new technology and new processes mean easier and better work to do; often they mean that your hours will be cut or you’ll lose your job entirely. In any case they will be deployed and integrated into the flow of work according to what the boss finds most useful; they may very well result in you, as a wage laborer, getting stuck with speed-ups or harder work.

None of this is a decisive argument against innovations in shop-floor technology or processes; sometimes things have to change, and change can be hard. But it is a natural source of conflicts between labor and capital. When workers are organized — and when the goals of the organized workers are limited to eking out the highest hourly wages and benefits, the most reliable hours, and the easiest conditions, that they can get within the existing ownership structure and business model of the corporation, through stage-managed labor actions, back-room negotiations with the boss, and multiyear fixed contracts, while the boss and the board keep ahold of final control over conditions on the shop-floor and most or all of the residual profits from any efficiency improvements, what you’ll tend to see is a perpetual collision between a small but powerful coterie of managers and owners, who have every reason to try to shove new processes and technologies down their employees’ throats, to the extent that they can get away with it, and a consolidated mass of workers who have little reason to care about starving themselves lean in order to fatten profits that don’t go to them. Why should workers want to do more work faster, or to take on more flexible job descriptions, if they only stand to lose hours or subjected to speed-ups for their trouble? Both workers’ livelihoods and process efficiency get caught in the crossfire.

But the business model offered by that small coterie, and the union organizing model offered by that consolidated mass aren’t the only business models or union organizing models on offer, and the fact that they are so prevalent in American heavy industry today is the direct result of a series of political decisions and a system of government economic regimentation that allowed that business model and that organizing model to shove alternatives out of the way. Alternatives like that offered by the Industrial Workers of the World and other state-free wildcat unions, which called not for a fair day’s wage for a fair day’s work, but rather for abolishing the wage system, and replacing it with worker ownership of the means of production, coordinated through decentralized, participatory unions.

If the workers themselves jointly own the means of production, then the union has no reason to sandbag efficiency upgrades: if organized workers keep most or all of the residual profits then they have every reason to want more flexible job descriptions, more efficient processes, and greater integration of labor-saving technology. Maybe it’ll mean fewer hours of labor; but since the worker keeps the increased profits, the reduction of hours is a net gain rather than an economic blow. And if workers make agreements amongst themselves as to the conditions of their own labor, they have little reason to want their specific role in the shop written on tablets of stone, and little reason to fear new processes or technology which they are free to take up or not to take up on their own terms and at their own pace, rather than as dictated by a chain of command.

De Coster trashes the UAW for responding to the incentives that the wage system presents for their workers; but rather than getting rid of the UAW, the better solution would be to quit the griping and change the incentives. There is no natural connection between labor organizing, on the one hand, and Luddism or labor-contract sclerosis, on the other. It’s a matter of the artificially rigidified economics of state-subsidized corporate capitalism, and the artificially narrowed vision of the state-patronized establishmentarian labor movement. The only reason that centralized, state capitalist corporations like Ford find themselves confronting top-heavy establishmentarian unions like the UAW over efficiency upgrades is that the both of them have conspired — with the active patronage and regulatory encouragement of the United States federal government — to sustain a business model in which the vast majority of workers have no stake in, and thus little or no natural interest in, the efficiency of the shop, and little or no control over how new processes or new technology, if implemented, will affect the hours and conditions of their labor.

The solution isn’t more ruthless corporate union busting; the solution is to strike at the root of the problem, by abolishing the government economic regimentation that sustains both establishmentarian unionism and state capitalism. If the UAW is cut free from the smothering patronage of the State, and becomes what union so often were before the Wagner/Taft-Hartley era — a wildcat industrial union, free to play hardball and free to set its sights not just on negotiated wage and benefits settlements, but on the unionized workers themselves owning the shop, the machine and the tools — then King Ludd’s throne will crumble out from under him, and you’ll soon start to see unions that not only accept, but champion innovations in technology and industrial processes. If workers own the shop, why wouldn’t they want to increase their own efficiency? After all, they get to keep the difference.

See also:

• GT 2004-05-01: Free the Unions (and all political prisoners)!
• GT 2008-02-20: Over My Shoulder #41: Paul Buhle on establishmentarian unionism, the decline of labor organizing, and the rise of Labor PAC. From Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor.
• GT 2005-12-30: Over My Shoulder #4: Paul Buhle’s Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor
• GT 2005-12-09: Over My Shoulder #1 (or: Friday Book-Bragging)

There will be a time when our silence will be more powerful than the voices you strangle today!

—Last words of August Spies (1887-11-11), immigrant, anarchist, and Haymarket martyr

Fellow workers:

Today is May Day, or International Workers’ Day, a holiday created by Chicago workers—most of them anarchists—to honor the memory of the Haymarket martyrs and to celebrate the struggle of workers for freedom, for a better life, and for control over the conditions of their own labor. It was created during the radical phase of the struggle for an eight-hour day: after legislative campaigns by the Knights of Labor and the National Labor Union failed, labor radicals in Chicago — organizers like Albert Parsons, Lucy Parsons, August Spies — declared that workers should take matters into their own hands, in the form of direct action on the shop floor. Workers would no longer try to get an eight-hour day by promising a useful and compliant voter base in return for patronage from politicians. To get an eight-hour shift, workers would make their own: in many shops, workers in the International Working People’s Association would bring their own whistle to work and blow it at the end of an eight hour shift — at which point most or all of the workers on the floor would just get up and just walk off, like the free people they were, whether or not the boss demanded more hours of labor. At the height of the struggle, they organized a General Strike, in defiance of the bosses and in spite of repeated violence from the Law.

Today is also the third annual day of rallies, strikes and marches against the criminalization of immigrant workers. A day which immigrant workers have chosen for actions against the bigotry of nativist bullies, the violence of La Migra, and the political system of international apartheid, as contemptible as it is lethal. A day to proudly proclaim We are not criminals and We are not going anywhere, to demand the only political program that recognizes it — open borders and unconditional amnesty for all undocumented workers.

And it is a joy for me to read that today is also a day of strikes against the bosses’ war in Iraq, which will shut down all the sea ports on the west coast of the United States, as an act of defiance against the State war machine and against the worthless political opportunists who promise to end it while voting, over and over again, to sustain it:

Amid this political atmosphere, dockworkers of the International Longshore and Warehouse Union have decided to stop work for eight hours in all U.S. West Coast ports on May 1, International Workers’ Day, to call for an end to the war.

This decision came after an impassioned debate where the union’s Vietnam veterans turned the tide of opinion in favor of the anti-war resolution. The motion called it an imperial action for oil in which the lives of working-class youth and Iraqi civilians were being wasted and declared May Day a no peace, no work holiday. Angered after supporting Democrats who received a mandate to end the war but who now continue to fund it, longshoremen decided to exercise their political power on the docks.

—Jack Heyman, San Francisco Chronicle (2008-04-09): Longshoremen [sic] to close ports on West Coast to protest war

The Longshore workers have the explicit support of postal workers in New York and San Francisco, and I hope this will be only the beginning of ongoing, widespread industrial action to end a war that political action — even after two election cycles, after hundreds of millions of dollars, after countless hours of lobbying and electioneering, after a change in government, and with the backing of an overwhelming supermajority of the populace — has proven completely incapable of ending.

This is May Day as it is and ought to be. A Day of Resistance against the arrogance and power of bosses, bordercrats, bullies, and the Maters of War, who would harass us, intimidate us, silence us, exploit us, beat us, jail us, deport us, extort us, and do anything else it takes to stop us from coming into our own. A day to celebrate workers’ struggles for dignity, and for freedom, through organizing in their own self-interest, through agitating and exhorting for solidarity, and through free acts of worker-led direct action to achieve their goals, marching under the banners of We are all leaders here and Dump the bosses of your back. A day to remember:

There Is Power In A Union

There is power, there is power,
In a band of working folk,
When we stand
Hand in hand.

—Joe Hill (1913)

Radio Bilingüe has a list of immigration marches and rallies across the country today. I plan to be at the mitin in Las Vegas tonight:

• Las Vegas immigrant rights mitin (rally)
• Tonight, May 1, 2008, 7:00 PM
• Federal Courthouse, 333 Las Vegas Blvd S.

Meanwhile, in the news, some useless idiot is wandering around Washington proclaiming Law Day, accosting hundreds of millions of complete strangers to tell them to put on ceremonies in praise of his own power to do the beating, jailing, deporting, etc. In Istanbul, organized workers marched to Taksim Square in defiance of the Turkish government, which has declared their free assembly illegal, and which has deployed government riot cops to attack them with firehoses and tear gas. In Harare, organized workers are holding rallies today to call attention to the devastating effect of the government’s hyperinflationary money monopoly on workers’ wages—and an apparatchik of the Zimbabwean government—one of the most violently anti-worker governments in the world—is taking the opportunity to wear a concerned expression and assure that Government would at all times endeavour to make sure that workplaces were monitored through inspections to minimize hazards that might injure or kill them. (No word yet on whether the hazards the inspectors will be inspecting for include the Zimbabwe Republic Police or the Central Intelligence Organization.) We must never forget what this band of creeps and fools is doing their best to remind us of — that the State is the most deadly weapon of our enemies, and that it is a weapon that we will never be able to wield for ourselves without chaining ourselves to politics and destroying the very things we meant to fight for.

In this season and in these days, in the midst of Babel during its most raucous festival—when so much of what we see and hear are the endless shouts of professional blowhards who know of no form of social change other than political change, and who know of no site of political change other than the gladiatorial arena of electoral politics, and who seem to know of no form of electoral politics other than polling, horse-trading, and endlessly shouting about a series of nomenklatura-contrived issues, which boil down to little more than a media-facilitated exchange of racist, sexist, ageist, and authoritarian barbs among the nomenklatura-approved serious candidates—it’s important to remember that, in spite of all the noise and spectacle, the most significant events for labor and for human freedom are happening in the streets of cities all over the country and all over the world, where workers are organizing among themselves, demanding their rights, fighting for their lives, and defying or simply bypassing the plutocrats and their so-called laws. In the U.S.A., while the punch-drunk establishmentarian labor movement reels from one failure to another, some of the most dynamic and successful labor struggles in the past few years have been fought by a grassroots union organized along syndicalist lines without NLRB recognition, using creative secondary boycott tactics which would be completely illegal if they had submitted to the regulatory patronage of the Wagner-Taft-Hartley system. There is a lesson here—a lesson for workers, for organizers, for agitators, and anti-statists. One we’d do well to remember when confronted by any of the bosses—whether corporate bosses or political, the labor fakirs and the authoritarian thugs styling themselves the vanguard of the working class, the regulators and the deporters and the patronizing friends of labor all:

Dump the Bosses Off Your Back

Are you cold, forelorn, and hungry?
Are there lots of things you lack?
Is your life made up of misery?
Then dump the bosses off your back!

—John Brill (1916)

Happy May Day, y’all.

Elsewhere Today:

• Scott McLemee, Crooked Timber 2008-04-30: All Out for May Day
• Gulf Stream Blues 2008-05-01: Labour Movements Cry Mayday!

Further reading:

• GT 2007-05-01: May Day 2007
• GT 2006-05-01: May Day 2006: A Day of Resistance
• GT 2005-05-01: May Day, May Day
• GT 2004-05-01: Free the Unions (and all political prisoners)!

Fellow workers:

Right now, the Coalition of Immokalee Workers are marching in the streets of Miami, as part of their campaign to win wage increases for tomato pickers whose tomatoes are bought by Burger King. Here’s why.

Today, farmworkers from Immokalee, Florida and their religious, labor, and student allies are marching 9 miles through the streets of Miami to the world headquarters of Burger King.

Today we march because there is a human rights crisis in the fields of Florida. Tomato pickers who harvest tomatoes for the fast-food industry face sweatshop conditions every day, including sub-poverty, stagnant wages (pickers earn about $10,000/year on average and a per-bucket piece rate that has not changed significantly since 1978) and the denial of basic labor rights.

Today we march because to earn minimum wage for a 10-hour day, a tomato picker in Florida must harvest over TWO AND A HALF TONS of tomatoes.

Today we are marching because, in the most extreme cases, farmworkers face conditions of modern-day slavery. We have seen five slavery operations in the fields brought to the federal courts since 1997, helping to liberate over 1,000 workers and sending 10 employers to prison.

Today we march because Burger King contributes directly to farmworkers’ poverty through its high-volume purchasing practices, for decades demanding the cheapest tomatoes possible but never demanding fair treatment or just wages for the people who harvest those tomatoes.

Today we are marching because we have hope. In the past years farmworkers and consumers have united to bring Yum Brands (the world’s largest restaurant corporation) and McDonald’s to the table to help improve tomato pickers’ wages and working conditions.

Today we march because, in the wake of these changes, we stand on the threshold of a more modern, more humane agricultural industry in Florida. Yet, facing this historic opportunity, Burger King has responded with lies and excuses to not take responsibility.

Today we are marching to say ENOUGH.

Today we are marching for the dignity of workers, consumers, and our communities alike.

JOIN US as we demand justice. Rally at Burger King headquarters this afternoon, 3:30 to 6:00, at Blue Lagoon Drive and NW 57 Ave.

—Coalition of Immokalee Workers (2007-11-30): Why We March

Migrant farmworkers in southern Florida spend every workday picking tomatoes by hand for 10 to 12 hours at a stretch, at a piece rate of $0.40–$0.45 for every 32 pound bucket that they fill (or about 1¼ to 1½ pennies per pound of tomatoes picked). Since that piece rate hasn’t changed since 1978, farmworker’s real wages have actually fallen by more than two thirds over the past three decades, thanks to the combination of the farm bosses’ efforts to stonewall wage increases and the Federal Reserve’s efforts to keep the market safe for finance capital by eating up the value of other people’s wages.

The Coalition of Immokalee Workers, a farmworkers’ union founded in 1993 and organized along community workers’ council lines, has been working to change all that. They are mostly immigrants from Mexico, Central America, and the Caribbean; many of them have no legal immigration papers; they are pretty near all mestizo, Indian, or Black; they have to speak at least four different languages amongst themselves; they are often heavily in debt to coyotes or labor sharks for the cost of their travel to the U.S.; they get no benefits and no overtime; they have no fixed place of employment and get work from day to day only at the pleasure of the growers; they work at many different sites spread out anywhere from 10–100 miles from their homes; they often have to move to follow work over the course of the year; and they are extremely poor (most tomato pickers live on about $7,500–$10,000 per year, and spend months with little or no work when the harvesting season ends). But in the face of all that, and across lines of race, culture, nationality, and language, the C.I.W. have organized themselves anyway, through efforts that are nothing short of heroic, and they have done it as a wildcat union with no recognition from the federal labor bureaucracy and little outside help from the organized labor establishment. By using creative nonviolent tactics that would be completely illegal if they were subject to the bureaucratic discipline of the Taft-Hartley Act, the C.I.W. has won major victories on wages and conditions over the past two years. They have bypassed the approved channels of collective bargaining between select union reps and the boss, and gone up the supply chain to pressure the tomato buyers, because they realized that they can exercise a lot more leverage against highly visible corporations with brands to protect than they can in dealing with a cartel of government-subsidized vegetable growers that most people outside of southern Florida wouldn’t know from Adam.

The C.I.W.’s creative use of moral suasion and secondary boycott tactics have already won them agreements with Taco Bell (in 2005) and then McDonald’s (this past spring), which almost doubled the effective piece rate for tomatoes picked for these restaurants. They established a system for pass-through payments, under which participating restaurants agreed to pay a bonus of an additional penny per pound of tomatoes bought, which an independent accountant distributed to the pickers at the farm that the restaurant bought from. Each individual agreement makes a significant but relatively small increase in the worker’s effective wages — about $100 more per worker per year in the case of the Taco Bell agreement — but each victory won means a concrete increase in wages, and an easier road to getting the pass-through system adopted industry-wide, which would in the end nearly double tomato-pickers’ annual income.

Since the victory in the McDonald’s campaign, the C.I.W. have turned their attention from the Clown to the Crown, and Burger King Inc. has mostly followed the same path as Yum! Brands and McDonald’s did. First they ignored them. Then they stonewalled them. Then they tried to make up some excuses, and had a P.R. flack make an ill-considered little funny about how distressed farmworkers should apply for a job at their stores. (If I recall correctly, that same exact joke was recycled from Taco Bell.) Unfortunately, before moving on to the inevitable last step — in which they cave, the C.I.W. wins, the farm workers get a bonus, and the fast food chain gets to issue a press release patting themselves on the back for their humanitarian buying standards — Burger King has decided to make a detour through some dirty anti-labor joint maneuvers with the Florida tomato growers’ cartel.

The Florida Tomato Growers’ Exchange is a cartel and legislative lobby which represents more than 90% of Florida’s tomato growers. It has recently set out to destroy the pass-through system. Since the bonuses are paid by the buyers, the system costs the farm bosses nothing to implement, and I’m not entirely clear what their interest is here (although, if I had to guess, they are probably worried that widespread success for the system would raise workers’ expectations about pay and conditions). Burger King and the cartel recently teamed up on a joint P.R. campaign intended to convince the eating public that farm workers are actually richer than most minimum-wage workers, and besides which the farm bosses pay for charity houses and scholarships for their poor kids. (The basis for their argument is a comparison of estimated hourly wages. Of course, the reliability of those hours, or the total annual income, is never mentioned.)

Meanwhile, the F.T.G.E. and Burger King have endorsed the cartel’s yellow-dog auditing agency, S.A.F.E. Reps from Burger King and the tomato cartel have also teamed up with a Republican state congressman to discredit the C.I.W., by claiming that the set-up looks fishy, denouncing nonviolent protest and consumer boycotts as extortion, and then insinuating that the pass-through system is little more than a channel for graft, and that C.I.W. is pocketing a skim. Since they have no empirical evidence for this claim, they have relied on innuendo and unsubstantiated soundbites, and they have refused to give any backing for their claims, while steadfastly ignoring the offers of participating restaurants, who dismiss the claim, to explain how the system works.

Meanwhile, Reggie Brown, the tomato cartel’s professional spokesdick, has invoked the spectre of federal prosecution, claiming that the C.I.W.’s voluntary pass-through system somehow violates federal antitrust and racketeering laws. Brown has also denounced the freely bargained agreements as un-American, apparently because they organized bosses’ divine right to control the terms of wage negotiations with no input from workers organizations or, for that matter, their customers. The cartel has publicly warned its members not to participate, and, behind the scenes, they have apparently threatened any member who participates in the penny-per-pound pass-through system with a $100,000 fine. As a result, while Taco Bell and McDonald’s are still willing to participate in the bonus system, all of the growers have, as of now, announced that they will not participate next year.

Well, fine. If they want to play hardball, let them play hardball. Workers are more than capable of hitting that hardball right back. The main danger, at this point, is that, with spokesdick Brown’s muttered fulminations about federal prosecution and the bosses’ enlistment of state government creeps on their side, this fight may get kicked from creative, nonviolent industrial action, over into the stifling atmosphere of legal and regulatory action. As long as the C.I.W., and the workers and consumers acting in solidarity with them, keep away from political action, we have all the resources we need to beat them. The Taco Bell boycott was won, after years of stonewalling, through fight-to-win tactics like working with sympathetic students to get Taco Bell franchises booted out of campus dining halls. This fight can be won through more of the same, and better. Never forget that the workers are more powerful with their hands in their pockets than all the weapons and property that the plutocrats have to attack us. As Robin Blumner writes in the St. Petersburg Times:

The coalition initially tried to convince the growers to pay the added penny but they wouldn’t budge, so the group sought to enlist fast-food giants instead. Go to the major buyers who have reputations to uphold and have them pay the penny. It was a brilliant stroke.

Consumers tend to respond well to a company they think is socially responsible, and the converse is true.

… According to [C.I.W. rep Julia] Perkins, there are growers willing to help their workers secure this additional wage but the exchange is standing in the way.

Both Yum Brands and McDonald’s say they are committed to their agreement with the coalition. It appears that for now, however, things are on hold until the coalition and these companies can figure out a way around the intransigence of the exchange.

This is how it often is in labor fights: Employers dig in so hard that even an extra penny - one that they’re not even paying - is too much to ask. No wonder they can’t find Americans to do this work.

In the meantime, the coalition is trying to convince Burger King Corp. to come aboard, and is planning a demonstration at its headquarters in Miami on Friday. Keva Silversmith, a Burger King representative, says that the Florida growers have a right to run their business how they see fit.

I guess expending the $250,000 it would cost Burger King is simply too much for a company that is paying its CEO $2.35-million a year.

Okay consumers, sic ‘em.

—Robin Blumner, St. Petersburg Times (2007-11-25): At a penny per pound, a little adds up to a lot

Further reading:

• Eric Scholosser, New York Times (2007-11-29): Penny Foolish
• C.I.W. Breaking News (2007-11-26): Amazing (Dis)Grace… Burger King, tomato growers’ strategy exposed: Industry giants team up to sabotage progress for farmworkers.
• GT 2007-04-19: ¡Sí se puede! The CIW wins a groundbreaking wages and conditions agreement with McDonald’s
• GT 2005-03-31: Anarquistas por La Causa
• GT 2005-03-23: El pueblo unido jamás será vencido!
• GT 2001-08-30: Si se puede
• GT 2004-05-01: Free the Unions (and all political prisoners)!

(Story via to the barricades 2006-12-19.)

Here is the latest from the bowels of the military-industrial complex: the United States Army is now threatening to invoke Taft-Hartley to intervene on behalf of Goodyear management against striking steelworkers. That is to say, if the Army can’t reliably get the parts for its war machines on the free market, there’s always industrial conscription to smooth out labor relations for its suppliers.

The US Army is considering measures to force striking workers back to their jobs at a Goodyear Tire & Rubber plant in Kansas in the face of a looming shortage of tyres for Humvee trucks and other military equipment used in Iraq and Afghanistan.

A strike involving 17,000 members of the United Steelworkers union has crippled 16 Goodyear plants in the US and Canada since October 5.

The main issues in dispute are the company’s plans to close a unionised plant in Texas, and a proposal for workers to shoulder future increases in healthcare costs.

An army spokeswoman said on Friday that there’s not a shortage right now but there possibly will be one in the future.

According to Duncan Hunter, chairman of the House of Representatives armed services committee, the strike has cut output of Humvee tyres by about 35 per cent.

…

According to Mr Hunter, the army is exploring a possible injunction under the Taft-Hartley Act to force the 200 Kansas workers back to their jobs.

He proposed that they return under their current terms of employment, on the understanding that any settlement would be extended to them.

—Bernard Simon (2006-12-15), Financial Times: US Army might break Goodyear strike

As long as the bayonets stay sheathed, nearly 16,000 USW workers will remain on strike. In solidarity, you might consider making a contribution to the USW strike fund to help support striking workers while they stand up to the bosses and try to make it through a holiday without paychecks.

Nearly 16,000 Goodyear employees are facing the holidays without paychecks. These United Steelworkers (USW) members are sacrificing for all of us, fighting the fight for good jobs. Being without a paycheck any time is painful—but right before the holidays, it’s especially hard. Every penny of your contribution will go to striking Goodyear workers and their families.

Please help. Please take a moment now to make a generous donation to support the striking Goodyear workers and warm up their holidays. They deserve to know we care and we honor their fight to hold employers accountable to their workers and communities.

—Working Families: Support Goodyear Workers