US Steel Hamilton USW 1005 Now in 2nd Week of Lockout

SMU received a phone call from one of the younger workers who belongs to USW Local 1005 which represents the union workers at the U.S. Steel Hamilton Works plant in Canada. The workers at the plant have been locked out for two weeks now – since November 7th – and we are unaware of any progress in the negotiations.

The worker, who asked that his identity not be divulged, complained to SMU that those workers who have opinions other than those supported by the management of Local 1005 were “booed down” when they tried to speak at one of the union meetings.

He told SMU striking workers only receive about $200 per week in strike pay. Otherwise, “everything is cut off” and he is thankful for being in good health since the company ended their health insurance benefits to the locked-out workers.

The union member who contacted us told SMU “Ninety percent (90%) of the members will accept the contract” and he felt any offers made by U.S. Steel would only get worse from here. “We are not in a position to negotiate” he told us.

Union President Blast “so-called industry experts and blogs”

SMU attempted to contact Rolf Gerstenberger who is the union president for USW Local 1005 and we were not successful over the past two days. We did, however, see the union placed a new post on their website specifically blasting “so-called industry experts” and “blogs”. We were not specifically named and we will continue to try to communicate with Mr. Gerstenberger and the union members as an independent observer. Here is what the union had to say in their post earlier this week:

U.S. Steel has been waging a campaign against the workers at Stelco and their union using all the tools in their vast arsenal. This arsenal includes various media personalities, so called “experts”, various “blogs” and on-line professionals, etc., all designed to attack the workers just cause, create doubt about the union and its leadership and create conditions to force the workers to give in to the U.S. Steel dictate.

In a talk show on Thursday morning, the host had a so-called “expert” on from McMaster University DeGroote School of Business. This “expert” presented the “fact” that the reason Local 1005 did not hold a vote on the contract was because the leadership did not care, they would be receiving their regular pay during the lockout, while the 900 workers would be living on $200 a week strike pay. This statement was issued and the rest of the morning was designed to generate a “discussion” about how ndemocratic the union was, especially its “dictatorial” President.

Out of the Mouth of Babes

It was reported in the November 29, 2010 issue of The Hamilton Spectator that “Steve Howse, a self-employed consultant and adjunct professor of business at McMaster University, made the comment on CHML’s Bill Kelly Show Thursday. In talking about the union’s response to hold a vote on U.S. Steel’s final offer, Howse said the only reason members haven’t been allowed to vote is “because people who are drawing a salary as their representatives in this process, who have felt no pain in this process, are saying they don’t want this to go forward. I don’t understand the logic of somebody being paid saying he represents people who are now struggling to buy food.’” The article continues: “In fact, Gerstenberger and the other paid leaders of the union are drawing the same $200 a week strike pay as their members, for the duration. In a phone interview, Howse was surprised by the information. “I was misinformed. Good for them,’ he said. ’I just wasn’t aware of that and won’t refer to it again.” He added he understood that the practice in the CAW was for leaders to continue drawing their pay during a confrontation- but that’s only partly true. Peter Kennedy, the Caw’s secretary-treasurer, said the leaders of a local representing a single work-place would only draw strike pay during a confrontation…”

There are several questions that can be asked here. First of all, why is a Business Professor from the Degroote School of Business being asked to even comment on this? Is this his expertise? And if he didn’t understand the logic for his lie, wouldn’t a normal person investigate first (at a minimum to phone Local 1005 to confirm his “belief”?) And wouldn’t it be incumbent on the radio talk show host to insure that his special guest would speak the truth?

What Are They Trying to Hide?

We now go back to why did the union not hold a vote on the company’s final offer? Local 1005 clarified for anyone who wanted to listen that the union did not hold a strike vote and the union was not going on strike. As far as we were concerned (recognizing the uncertain and difficult economic situation) we could live with a stand pat agreement, and the union had no demands. We told the company that we could live with the contract that they agreed to in 2007 when they purchased Stelco. U.S. Steel responded to this just position by the Union by demanding a whole list of concessions, most of which took over 60 years of struggle to win.

After stalling for several months, U.S. Steel then tabled a proposal on November 2 and demanded that Local 1005 hold a vote on this offer. We quite calmly answered that the union decides when the union will take an offer to the membership, not the company. If the company wanted to force a vote, they have the right to force a vote under the Labour Relations Act. The Company (for unknown reasons) refused to hold a forced vote, but instead threatened the Union with a lockout if the union did not agree two pre-conditions: The Company demanded that the union shaft 9000 pensioners by eliminating their indexing and they demanded that the union agree to shaft the next generation by agreeing that any new workers would not be allowed to enter the pension plan.

What is clear from developments since the lockout on November 7 is that U.S. Steel is pulling out all stops to try to blackmail the works and their union into agreeing to the company demands. On Channel 11 on Friday, November 19, one of the T.V. personalities went hysterical that the union’s action will result in 900 workers losing their jobs! It had to be pointed out to her that it was U.S. Steel that locked the workers out; the workers did not go on strike. U.S. Steel shut the blast furnace in Hamilton on October 4, 2010 and shortly after started two blast furnaces up in the U.S. to make up for the lost production. Her argument reduced itself to “the union better submit to the blackmail” or we are all doomed. And “why are we worried about the pension plan for new hires or the indexing for the 9000 pensioners?”, “the new reality is everyone is losing their pensions!!!!”

It should also be pointed out here that during the Vale Inco strike, a term was coined of “Vale Bloggers”-cyber thugs, waging psychological war on the striking workers and against the community support for the struggle, all the while posing as “concerned citizens” or “community members” who just don’t want their names to be associated with the “opinions” they espouse. And just in case you don’t read the blogs online, some of the local media are quoting the anonymous “opinions”.

For Your Information:

In 2008, out of the 8300 pensioners on the books, about 3000 were making less than $1000 per month. Of this total, 78% were widows. Out of this 3000, about 550 are making less than $500 a month while another 800 are making between $500 and $750 a month.

Most of these pensioners retired before 1990, and at that time the Stelco pension was considered one of the better plans. But what was considered a good plan 25-30 years ago quickly becomes woefully inadequate 25-30 years later, especially if the plan is not indexed.

A pensioner receiving $1000 a month in 1991(the first year of indexing) would not receive $1,366 a month.

Old Age Security (OAS) is presently about $518.00 a month.

It should also be pointed out that many wives in the 50’s, 60’s and 70’s did not work, so would not collect CPP. (Source: USW Local 1005)

SMU also attempted to make contact with Trevor Harris who is the U.S. Steel spokesperson in Canada for a comment without success.

Steel Market Update continues to believe our Blog exists to allow opinions to be presented by all sides. We normally do not get involved in a labor dispute and, we want to remind our readers SMU posted a second blog and survey at the request of the Local 1005 union president.

We have shared the link to our Blog, Survey and the results with the union president as well as the steel community which has an interest in the negotiations between US Steel and Local 1005 as well as those who have a vested interest in the debate within the union - vote, or not to vote.

This is a question only the union members can decide for themselves (unless USS calls for a vote through the government - which does not appear will happen any time soon).

SMU is a steel industry newsletter and website which specializes in the flat rolled steel industry. We publish our newsletter three times per week, we try to keep our Blog busy on a daily basis, we also conduct industry workshops, training and conferences. If you would like to learn more about the industry we recommend you register for a free trial to our newsletter which you can do on our website by clicking on the free trial logo.

Comments

It is true that at the last general meeting some members who opposed the barganing committes stance were booed and heckled. generally by cowards at the back of the room who where very brave yapping at the back of a man in a Disney jackets head. What I found disturbing is that when Mr Howe spoke and someone commented the person commenting was rebuked as being out of order very quickly and decisively by the Rolph. But when a member whos opinion did not follow union lines was heckled there was a large delay before Rolph meakly gavelled for order. Too many times when the union discusses this situation they refer to the company we are employed by as STELCO! This is not Stelco we are fighting and the union needs to realize that. They could shut down Hilton works and hurt Stelco so those fights they fought had some chance of being won or at least a glimmer of getting a concession. To compare the struggles against STELCO with those against US Steel is wrong!! I am a second generation steel worker with family in the plant and to say after thirty years of STELCO service that the membership has not set up for retirement is shameful!! The current 650 (not 900 as so many have retired or left for the Barmill) should have the right to vote and its a shame the current leadership of 1005 has taken this stance to not allow this vote to happen. That is whats breaking the union apart!!!

Jeff Samulski Jeff Samulski November 23, 2010 at 8:52PM

"In 2008, out of the 8300 pensioners on the books, about 3000 were making less than $1000 per month" This is almost 2011. What were the other pensioners making. How about all of those who retired in the last 2 years ( and there were many)? How many can retire in the next year or 2 and how much will they receive? What does Rolf have to say about all those guys who have retired in the past few years and then ended up working right back in the same plant for contractors ( double dipping). Could it be that those running 1005 are holding out because they will lose their indexing as they can retire now or in the near future? The new guys did not vote for these guys to represent us so don't pretend that we did. We want a vote now. It's a shame that the large number who would vote yes cannot publicly express their opinion without being jeered etc. They know to be quiet otherwise there will not be a friendly workplace to go back to. It's sad to know that our only hope is that the company will force a vote.

CR CR November 24, 2010 at 8:02AM

WHY did you only post part of 1005,s newsletter ??? We still have not gotten a reasonable response from the Canadian Govt on the question ''HOW IS US STEEL A NET BENEFIT TO CANADA ". This was US STEEL,s opinion sworn in Court that the broke CANADIAN LAW AGAIN . Here is the rest of the 1005 NEWSLETTER that SMU did,nt print . IF THEY EVEN POST MY POST THIS TIME . For Your Information: The Ernst &Young affidavit to the Federal Court on page 105 under the heading “Raw Steel Production-Canada and the USA” states : “If USSC (U.S. Steel Canada) had produced more steel from Q4 2008 through Q2 2009, then the supply would have exceeded demand in Canada and a combination of the following would likely occurred: “A price war would have occurred, resulting in lower steel prices in the Canadian market. Incremental volume sold by USSC would have taken away market share from other Canadian flat rolled steel companies (Dofasco and/or Algoma.) Alternatively, Dofasco and/or Algoma would have lowered their sales prices in order to preserve their market share in Canada-which would have caused a downward spiral of sales prices. There would have been a net increase in total Canadian flat roll steel sales. To the extent that USSC would have increased its sales volume, then Dofasco and/or Algoma would have experienced lower sales volume. In effect, USSC would have taken away market share from Dofasco and/or Algoma. However, the total size of the Canadian steel market available to USSC, Dofasco and Algoma would not have changed.” “Canadian steel imports would not necessarily have declined significantly, because foreign steel mills would have potentially lowered sales prices in order to preserve Canadian market share. There would have been excessive inventory levels at USSC (as well as Dofasco and/or Algoma). In summary, for each additional ton of steel that USSC would have hypothetically produced and sold from Q4 2008 through Q2 2009 (if the Hamilton and/or Lake Erie blast furnace was not idled) other Canadian flat roll steel companies (Dofasco and/or Algoma) would have sold one ton less of steel. Mandates to produce steel for which there is no market demand are not a net benefit to Canada.” Wikipedia on Price Fixing (excerpts): Wikipedia writes: “In Canada, price fixing is an indictable criminal offence under Section 45 of the Compe****ion Act. Bid rigging is considered a form of price fixing and is illegal in both the United States (s.1 Sherman Act) and Canada (s. 47 Compe****ion Act.) In the United States, agreements to fix, raise, lower, stabilize, or otherwise set a price are illegal per se. It does not matter if the price agreed upon is reasonable or for a good or altruistic cause; or if agreement is explicit and formal or unspoken and tacit.” View of Hakemi & Company Law Corporation (from website): “In March 2009 the Compe****ion Act was significantly amended, with some changes coming into effect this year. These included three criminal offences for price-fixing, market division and supply restriction agreements. It is now ‘per se’ illegal (i.e. without needing to show any adverse market effects) for compe****ors to, for example, fix the prices of their products or agree to divide geographic territories, customers or product lines.” “The maximum penalties for criminal conspiracy agreements have also now more than doubled, with fines of up to $25 million (per count), imprisonment for up to fourteen years, or both. The penalties for criminal bid-rigging agreements have also been increased with a new bid-rigging offence having been introduced.” “Based on the significant penalties, as well as director and officer liability, the potential risks associated with price-fixing activities are clear. Issues can, however, also arise in connection with many types of common commercial activities including joint ventures and strategic alliances between compe****ors and trade association activities (e.g., meetings, information exchanges, collective negotiations or attempts to regulate member fees or marketing.) “In addition, certain industries and markets are more at risk than others- for example, industries that are declining, highly consolidated or where it is difficult to compete other than on price (e.g., construction, cement, steel, chemical inputs, etc.)“ Canadians should keep in mind that most monopolies are cartel organizations in themselves. They are combinations of may companies within one enterprise. As such, their mere existence could be considered in violation of the Compe****ion Act.”

Mike Mike November 24, 2010 at 8:03AM

The Members of Local 1005 and some local concerned-citizens have a community "blog" for lack of a better term. If we overlook the spelling errors and the often poor grammar, we get a sense of community and what's being felt and what's being said. Sometimes it's comical, but mostly it's sad. http://www.topix.com/forum/com/x/THSPII918505GGCP1/p18 Your good friend, Tommy D_____ Professor of Smozology

Tommy D_____ Tommy D_____ November 24, 2010 at 8:05AM
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