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afl_cioWASHINGTON – In 2011, 4,693 workers were killed on the job, according to a new AFL-CIO report, “Death on the Job: The Toll of Neglect.” That is an average of 13 workers every day.

In addition, another estimated 50,000 die every year from occupational diseases – an average of 137 a day, bringing the total worker fatalities to 150 a day.

North Dakota, Wyoming, Alaska and Arkansas had the highest workplace fatality rates, while New Hampshire, Rhode Island, and Washington had the lowest. Latino workers, especially those born outside of the United States, continue to face rates of workplace fatalities 14 percent higher than other workers, the same as last year.

In 2011, 3.8 million workers across all industries experienced work-related illnesses and injuries. The true toll is estimated to be two to three times greater, but lack of reporting in this area results in lower official figures.

The job fatality rate had been declining steadily for many years, but in the past three years the rate has essentially been unchanged, at 3.5 fatalities per 100,000 workers. Similarly, for the past two years, there has been no change in the reported workplace injury and illness rate (3.5 per 100 workers).

This year’s report comes on the heels of a horrific explosion at a fertilizer plant in West, Texas, which killed 15 people, injured hundreds more and caused widespread destruction.

The report also examines the role of the Occupational Safety and Health Administration (OSHA) 43 years after its creation. It finds that OSHA remains underfunded and understaffed, and that penalties are too low to deter violations. Because of the underfunding, federal OSHA inspectors can only inspect workplaces once every 131 years on average, and state OSHA inspectors would take 76 years to inspect all workplaces.

OSHA penalties are too low to be taken seriously, let alone provide deterrence. The average penalty is only $2,156 for a serious federal health and safety violation, and only $974 for a state violation. Even in cases involving worker fatalities, the median total penalty was a paltry $5,175 for federal OSHA and $4,200 for the OSHA state plans. By contrast, property damage valued between $300 and $10,000 in the state of Illinois is considered a Class 4 felony and can carry a prison sentence of 1 to 3 years and a fine of up to $25,000.

Criminal penalties under OSHA are also weak. While there were 320 criminal enforcement cases initiated under federal environmental laws and 231 defendants charged in fiscal year 2012, only 84 cases related to worker deaths have been prosecuted since 1970.

In the face of an ongoing assault on regulations by business groups and Republicans in Congress, progress on many new important safety and health rules has stalled. The White House Office of Management and Budget has delayed needed protections, including OSHA’s draft proposed silica rule, which has been held up for more than two years.

“In 2013, it is unacceptable that so many hardworking men and women continue to die on the job,” said AFL-CIO President and third-generation coal miner Richard Trumka. “No one should have to sacrifice his or her life or health and safety in order to earn a decent living. Yet, elected leaders, business groups and employers have failed to provide adequate health and safety protections for working families. At the same time, too many politicians and business leaders are actively working to dismantle working people’s right to collectively bargain on the job and speak out against unsafe, unjust working conditions. This is a disgrace to all those who have died. America’s workers deserve better.”

“Death on the Job: The Toll of Neglect” was released after hundreds of Workers Memorial Day vigils, rallies and action were held across the country to commemorate all those workers who died and were injured on the job.

Edward Wytkind, chairman of the AFL-CIO’s Transportation Trades Department, testified April 24 before the House of Representative’s Transportation and Infrastructure Committee’s Panel on 21st century freight transportation.

Read his testimony here.

The AFL-CIO and Union Privilege (also known as Union Plus) announced today they have partnered together to offer students a chance to win scholarships commemorating the 50th Anniversary of the March on Washington for Jobs and Freedom.

They will award 50 scholarships of $5,000 each to high school seniors to help pay for college costs. To apply, students must fill out an application, write an essay and provide a letter of reference from a teacher or other adult familiar with their achievements.

The winners will be chosen from the sons or daughters of union families or of current members of an eligible community organization. Applicants must apply by July 1, 2013.

Click here for more information.

SMART Transportation Division President Mike Futhey and Assistant President John Previsich this week joined the leaders of other AFL-CIO affiliate unions at the organization’s annual winter meeting.

They also meet separately with members of the organization’s Transportation Trades Department to roll out a 2013 transportation investment and jobs agenda, stake out an aggressive stance against irresponsible liberalization of aviation trade and to condemn damaging cuts to transportation programs and jobs that are threatened by sequestration.

“It is the height of irresponsibility for extremists in Congress to use the sequestration battle to tank our economy and use public and private sector working men and women as pawns in their partisan games,” said Edward Wytkind, president of the Transportation Trades Department of the AFL-CIO following the annual winter meeting of its 33-member Executive Committee. “It is time for Congress to end this senseless sequestration stalemate and finally start focusing on an agenda to modernize our failing transportation system and create middle-class jobs.”



The TTD Executive Committee was joined by new House Committee on Transportation and Infrastructure Chairman Bill Shuster (R-Pa.) who said, “I appreciate today’s opportunity to meet with the Transportation Trades Department’s Executive Committee, and look forward to working with them and all parties interested in a stronger transportation network for our nation. By listening to a diverse set of opinions and working together to build consensus, we can improve America’s infrastructure, make us more competitive, and strengthen our economy.”



U.S. Rep. Tim Bishop (D-N.Y.), ranking minority member of the Transportation and Infrastructure Water Resources Subcommittee, also joined the meeting and said, “Investments in infrastructure put skilled laborers to work now and lay the foundation for a growing economy in the future. I am proud to partner with TTD in advocating for a 21st Century American transportation network and fighting back against destructive budget cuts like sequestration that will undermine vital programs. I am also proud of my work with TTD to extend [Family and Medical Leave Act] protections to airline flight crews, protect fair wages for transportation workers, and ensure our roads, rails, transit operations, ports and aviation system are safe and well funded for the future.” 



The Executive Committee also heard from U.S. Department of Transportation Undersecretary for Policy Polly Trottenberg, who said, “Transportation workers are our partners in safety, who build, operate and maintain the roads, rails and runways that every American depends on. The Obama Administration will continue investing in good transportation projects that keep our economy and the traveling public moving forward.”



The Executive Committee adopted several policy statements during the meeting that offer detailed, substantive policy prescriptions on behalf of the workers who operate, maintain and build the world’s largest transportation network.



On the eve of possible federal spending cuts due to sequestration, the Executive Committee condemned threatened draconian cuts to vital transportation programs that form the backbone of our system of commerce. The “ravages of sequestration,” they said, must be avoided and federal workers “should not be made scapegoats” in this dangerous political game.
To end the stalemate on long-term investments in public transit and highways, transportation unions offer a bipartisan solution to the “broken and outdated funding system,” noting that the purchasing power of these funds has fallen 33 percent in two decades.

TTD affiliates support an increase in the gas tax indexed to inflation, as well as possibly replacing the current excise tax with a sales tax.



On the globalization of aviation, TTD opposes the European Union’s push to hollow out U.S. airline ownership and control laws, and impose its heavy-handed agenda in talks with the U.S. and in the upcoming meeting of the International Civil Aviation Organization.



As for a long-term plan for Amtrak, TTD laments, “Too many politicians fail to understand the enormous economic benefits of modernizing passenger and freight rail.” Transportation unions will push for a long-term funding plan for Amtrak and oppose “risky” privatization schemes.

Transportation union leaders also vow to preserve a strong maritime industry. TTD unions sharply criticize congressional action to weaken cargo preference laws that ensure most federal government-generated cargo travels on U.S.-flagged ships crewed by U.S. maritime workers.



TTD affiliates will also join the battle to stop the use of “our own transportation system” as a “haven for predatory criminals” that engage in human trafficking.



The affiliates of TTD also pledge their support for the United Mine Workers of America (UMWA) campaign against the sinister efforts of Patriot Coal, Peabody Energy and Arch Coal to exploit our bankruptcy code at the expense of “hard-working mine workers, retirees, and their families.”

WASHINGTON – The Republican leadership of the House Transportation & Infrastructure Committee will introduce legislation July 8 to slash Amtrak’s federal subsidy by 25 percent, prevent federal funds from being used to create additional rail passenger services unless they are high-speed projects, and cut federal transit funding by 30 percent.

Committee Chairman John Mica (R-Fla.), and Rail Subcommittee Chairman Bill Shuster (R-Pa.) have previously made known their dislike for Amtrak and intention to destroy the national intercity rail passenger network through funding cuts and privatization of Amtrak’s Northeast Corridor.

The senior Democrat on the Transportation & Infrastructure Committee, Rep. Nick Rahall of West Virginia, put the Mica/Shuster legislation in perspective: “The bill, as we have seen so far, cannot pass the [Democratic-controlled Senate].”

Opposition to the bill also is being voiced by the U.S. Chamber of Commerce, which has joined with the AFL-CIO to lobby against it. The UTU’s National Legislative Office already is working with members in the House and Senate against Amtrak and transit funding cuts.

Amtrak funding has previously and regularly been in the crosshairs of its detractors, and another tough fight is brewing. On Amtrak’s — and transit’s — side are tens of millions of Americans who continue to make clear to their elected congressional lawmakers that they want more, not less, rail passenger and transit service.

The proposed cuts for Amtrak and transit are contained in a six-year bill entitled, “The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, or SAFETEA-LU.” Senate Democratic leaders are pushing for a two-year bill that would be more generous toward Amtrak and transit – although at lower spending levels than sought by the Obama administration.

The House bill would also extend the deadline beyond 2015 for implementation of positive train control (PTC).

The bill also would remove a federal requirement that states use Highway Trust Fund revenue for non-highway transportation purposes, such as mass transit; but would allow states to make such decisions unilaterally.

There are, however, provisions in the House bill that have been sought by the UTU – and those provisions are expected to survive. They include:

  • Increasing a low-interest loan program for state transportation projects.
  • Encouraging states to create and capitalize state infrastructure banks to provide loans for transportation projects.
  • Improving transit options for the elderly and disabled.
  • Insulating motor carrier safety programs from any spending cuts.
  • Requiring federal regulators to keep unsafe buses off the road.
  • Improving access to the Railroad Rehabilitation and Improvement Financing (RRIF) program; and making high-speed rail projects eligible for RRIF loans.
  • Strengthening the rail transit safety oversight program.
  • Establishing annual inspection programs for buses.
  • Requiring regulations to establish minimum training requirements for commercial drivers.

Pursuant to a March 4 ruling of a federal district court judge, an arbitrator has been named to determine whether the merger agreement between the UTU and the Sheet Metal Workers International Association (SMWIA) is an enforceable agreement.

Georgetown University law professor Michael H. Gottesman has been named by AFL-CIO President Rich Trumka as the arbitrator — a choice approved jointly by UTU International President Mike Futhey and SMWIA National President Mike Sullivan.

In his March 4 ruling, Federal Judge John Bates said a separate action brought by several UTU members, challenging the validity of the merger — alleging violations of Titles I and V or the Labor Management Reporting and Disclosure Act — is not within the arbitrator’s jurisdiction and that he would delay a ruling on that complaint pending the outcome of the arbitration.

Arbitrator Gottesman earned an undergraduate degree at the University of Chicago and his law degree from Yale University.

He teaches labor law, constitutional law and civil rights at Georgetown University.

Gottesman held an appointment from President Jimmy Carter to review hundreds of candidates for federal court vacancies, and has published numerous articles for law journals. His latest article, “The Role of Labor in the 21st Century,” will be published later this year by the Columbia University Law Review.

As matters develop, further information will be posted at www.utu.org.

WASHINGTON — Speaking to labor’s rank-and-file via an AFL-CIO electronic town hall meeting last week, Vice President Joe Biden warned of “barbarians at the gate” of working families as attacks on collective bargaining and union membership move forward in numerous state legislatures.

“The only people who have the capacity — organizational capacity and muscle — to keep, as they say, the barbarians from the gate, is organized labor,” Biden said.

“And make no mistake about it: The guys on the other team get it. They know if they cripple labor, the gate is open, man. The gate is wide open.”

Encouraging organized labor to continue the fight against extremists who would destroy labor unions, Biden said, “You built the middle class. We don’t see the value of collective bargaining, we see the absolute positive necessity of collective bargaining.”

The United Transportation Union Board of Directors Feb. 28 voted that funds from the UTU’s Education Fund be made available to assist union brothers and sisters in various states whose collective-bargaining rights, right to strike, union membership and check-off privileges for PAC contributions are under attack by extreme right-wing lawmakers.

UTU International President Mike Futhey, a member of the AFL-CIO Executive Council, is in Washington, D.C., this week meeting with federation President Rich Trumka and other AFL-CIO Executive Committee members on strategies and events that will be most effective in combating union-busting efforts of state legislatures.

The UTU will coordinate its activities with the AFL-CIO and other federation unions.

Also under discussion is creation of a nationwide fund to which other unions and union members might contribute to assist in the effort to combat union-busting.

Rallies in support of public-employee collective bargaining are being held in scores of cities across America to protest legislative efforts in Indiana, Ohio and Wisconsin to revoke that right.

A new attack on public-employee collective bargaining was launched Feb. 23 in Idaho, reports UTU Idaho State Legislative Director George Millward. Idaho Senate bill 1024 would prohibit state employees from joining unions and outlaw strikes. The UTU will participate in an AFL-CIO meeting this weekend to formulate opposition, Millward said.

UTU members wishing to participate in a rally supporting collective-bargaining rights for public employee should contact their state legislative director, as no formal schedule exists. Most rallies, in dozens of states, are being coordinated by state branches of the AFL-CIO.

Meanwhile, newspaper editorials and opinion articles are exposing legislative efforts to strip away collective bargaining rights as union-busting tactics with no legitimate connection to state financial problems.

Here is a sampling:

Nationally syndicated columnist Eugene Robinson:

“It has long been common for unions to accept better health and pension benefits in lieu of higher salaries — in effect, taking the money later rather than sooner. Now that these IOUs are coming due, Wisconsin wants to renege. I thought Republicans were supposed to believe that a contract is a contract, sacred and inviolate. Guess not. This is pure, unadulterated union busting.”

Stanford University law professor William B. Gould IV, a former chairman of the National Labor Relations Board:

“It is downright obscene to strip workers of unions while deficit-spending tax breaks to the rich are being handed out as they are in Wisconsin. As the United States has argued for South Africa, Poland and now Egypt, unions are a basic part of democratic society. Yet that is the principal under attack by Gov. Walker in Wisconsin now. The answer is not to destroy the democratic fabric and the political opposition, but rather to engage in dialogue.”

Linda Kaboolian, lecturer in public policy at Harvard:

“Gov. Walker isn’t interest in saving money. He’s interested in crippling the unions that didn’t support him last fall.”

New York Times editorial:

“Republican talk of balancing budgets is cover for the real purpose of gutting the political force of middle-class state workers, who are steady supporters of Democrats and pose a threat to a growing conservative agenda. Conservative leaders in most states with strong unions have in the past generally made accommodations with organized labor, often winning support on social issues in return. That changed this year after wealthy conservatives poured tens of millions of dollars into the election campaigns of hard-right candidates.”

Chicago Tribune columnist Clarence Page:

“Without the right to collective bargaining, a union is little more than a social club.”

Gallup poll survey:

“While the public has ambivalent feelings toward public sector unions, they say they oppose any move by their state to eliminate collective bargaining rights by about a 2-to-1 margin.”

Madison, Wisc.,Capital Times editorial:

“Gov. Walker has made too many budget decisions not with an eye toward fiscal responsibility but with an eye toward rewarding his political benefactors. Now the governor says that Wisconsin needs to end collective bargaining for public employees and teachers. This is simply absurd. This is not about the money. This is not a fiscal crisis. This is a political crisis. And Walker has the power to resolve it by refocusing on fiscal issues, as opposed to pursuing the political goal of breaking unions.”

Washington Post columnist Ezra Klein:

“Unions — through collective bargaining, strikes and other means — give workers power. They also make negotiations less lopsided … unions tend to see their constituents as not just their own members, but the ‘working class’ broadly defined. That’s why you’ll find labor’s fingerprints on everything from the two-day weekend to Medicare to the Civil Rights Act of 1965 — none of which require you to flash a union card before you can benefit from them.”

Denver Post columnist Mike Littwin:

“If you read the [Wisconsin] bill … the union busting is in pretty plain language. The union can only negotiate salary — but, it turns out, any raises above inflation must be approved by [voter] referendum. You try putting your next raise up for a vote and see how it works out. Under the bill, employers can’t collect dues. And it’s worse than that. Every year, under the bill, union members would have to vote to keep the union certified. You can figure this out. If the union can’t bargain, why would you keep voting to certify it — and also vote to keep paying your dues?

“This comes on the heels of last year’s Citizens United Supreme Court ruling, making it easier for corporations to contribute to political campaigns. If I understand the law, the ruling said, in effect, that corporations were people. And public-sector employees? The jury is still out.”

WASHINGTON — President Obama Feb. 23 named BNSF CEO Matt Rose, AFL-CIO President Rich Trumka and United Food and Commercial Workers’ Secretary-Treasurer Joseph Hansen to the White House Council on Jobs and Competitiveness.

The three join a long list of mostly business executives and bankers on the council.

Its task is to recommend ways to promote growth and bolster U.S. competitiveness in fulfilling Obama’s State of the Union pledge to “out-innovate, out-educate, and out-build” other nations.