UAW Resolution: Building a Global Middle Class in a Just Society

Editor's note: The following resolution was adopted unanimously at the UAW Special Convention on Collective Bargaining in March 2011.

INTERNATIONAL CORPORATE CONDUCT

As they seek out new markets, lower costs and higher profits, corporate and financial interests have established operations that span the globe. As a union, we must think globally as well. Our continued ability to win contracts that improve the compensation and working conditions of our members can be strengthened by negotiating international standards of conduct that limit the ability of employers to pit workers in one country against workers in another. In the 20th century, by raising the standard of living of industrial workers, our union helped create the American middle class. In the 21st century, by working together with unions in other countries to raise the standard of living of workers in a globalized economy, we seek to create a global middle class.

The increasing internationalization of corporations has been accompanied by massive restructuring through mergers, takeovers and joint ventures. Much of this restructuring has come at the expense of workers and communities, with a shift from secure to insecure forms of employment, fragmentation of collective bargaining and abuse of human and workers’ rights. There is an urgent need to create strong international labor networks to foster more effective international solidarity among workers in multinational corporations and their supply chains.

To raise the standard for employers’ international conduct, we will use tools developed by international organizations and global unions. The Action Program 2009-2013 of the International Metalworkers’ Federation (IMF) emphasizes the importance of building trade union networks in multinational companies, including the major global automakers. The purpose of this effort is to build effective solidarity and cooperation among affiliated unions that represent workers at specific companies. Through these networks, we can share information and work together to ensure an equal playing field for workers that raises standards internationally.

International unions have long cooperated and developed strategies to strengthen the solidarity among workers across sectors and companies. Nevertheless, better tools, a better exchange of information, and greater mutual trust and knowledge between workers are needed. Union networks are one of these tools. The UAW is actively engaged in the IMF networks covering global workers at Ford, Fiat-Chrysler, GM-Opel, Caterpillar, Hyundai-Kia and others. The leadership role the UAW is playing in these solidarity efforts has helped garner international support for our transnational organizing initiatives.

To advance our vision of a global middle class, we will:

Work closely with unions in other countries where multinational corporations with U.S. operations are headquartered. Solidarity with strong unions in those countries can provide leverage for the UAW to set high standards for the conduct of those employers in the U.S. Where labor-management structures exist abroad, including European Works Councils at Volkswagen, Daimler, BMW and other companies, we will utilize our contacts with workers there to put pressure on employers to respect the rights of American workers to organize and reach fair collective bargaining agreements. We will build on these existing structures by pressing our major employers to create global works councils to provide a forum for labor-management dialogue that crosses borders, just as our employers’ operations do.
Assist independent unions in low wage countries to develop and grow so that workers can stand up to employers that are undermining international standards for the treatment of workers. Our recent support to Johnson Controls workers in Puebla, Mexico in their struggle to form an independent union is an example of this type of solidarity assistance. In many countries, these struggling unions face government repression as well as employer resistance. Forcing employers to meet a high standard for their international conduct makes it possible for workers in repressive countries, such as China, to fight for their fundamental rights.
Coordinate with the IMF and other international union organizations to establish the strongest possible world company councils and industry councils that can identify and press for high standards of international company conduct. We will bargain for International Framework Agreements (IFAs) or similar agreements, with strong language on the right to organize independent unions and on the enforcement of a company’s commitment to respect the rights of workers at all of its global operations. These agreements must include the right of workers to bargain with their employer; prohibitions on forced labor, child labor and workplace discrimination; and commitments to provide fair pay, decent benefits and safe and healthy workplaces.
Continue to demand that the rules of international trade include strong labor and environmental standards as well as requirements for social justice and economic equity. We must work with unions abroad so that they will put similar pressure on their governments to agree to the inclusion of these standards in trade agreements. To be effective, labor standards, including workplace health and safety, must use the relevant standards adopted by the International Labor Organization (ILO) as the floor for compliance. They must also require enforcement of national laws and regulations if they are tougher, include raising all countries’ standards toward the best international practices, hold employers accountable for violations of the standards and include a strong public role in the development and enforcement of the standards.

NON-DISCRIMINATION AND EQUAL OPPORTUNITY

The UAW has a proud history of activism in pursuit of equal opportunity and social justice for all Americans. Despite decades of advances in the fight against discrimination in the workplace and in the community, much more remains to be done to guarantee civil and human rights for all Americans. We still see attacks on policies meant to ensure equal treatment for people of color, women and the disabled. The fact that women still earn less than men, and that African Americans and Latinos still earn significantly less than whites, shows that the fight against discrimination has not yet been won. Lesbian, gay, bisexual and transgender individuals also face workplace discrimination and, too often, hateful attacks. Efforts by the right wing to stir up resentment toward immigrants are encouraging discrimination and contributing to a hostile work environment. These divide and conquer tactics threaten to depress pay and benefits for all workers.

Despite the efforts of some to turn back the clock, the UAW remains committed to the cause of helping our country fulfill its promise of equal justice, equal opportunity and mutual respect. Our future depends on finding new and more effective ways for our diverse people to live and work together in harmony. In keeping with our long history of commitment to civil and human rights, the UAW will continue to fight the evils of discrimination by:

Demanding that our collective bargaining agreements contain broad non-discrimination clauses banning discrimination based on race, sex, religion, creed, color, national origin, age, size or stature, disability, sexual orientation, marital status, political affiliation or union activity, and encouraging members to use the contractual grievance procedure if they are treated unjustly.
Insisting that employers provide UAW members with education and training regarding their rights and responsibilities to eliminate discrimination and advance equal justice under the law.
Rejecting employer attempts to erode our members’ legal rights with contractual language waiving individual statutory claims of discrimination, making arbitration the exclusive remedy for violations of the law, or adopting policies that are inconsistent with Title VII of the Civil Rights Act.
Demanding that employers evaluate jobs with the goal of eliminating unfair wage disparities that hold down pay for women. This includes situations in which jobs are not identical, but are comparable in their skill requirements, responsibility and physical demands. We will continue to seek effective remedies for victims of pay discrimination based on sex.
Striving to incorporate equal application of agreement provisions in all contracts to further strengthen our objective of equal opportunity through affirmative action. Such provisions must not only ban discrimination; they must further provide for a thorough investigation and fair resolution of grievances and claims alleging discriminatory practices.
Using every resource at our disposal to combat discrimination and preserve and protect the rights of our members – and all people – to equal treatment and equal opportunity.

Our history and our diverse membership demand that we continue to reject the ideas and tactics of those who seek to gain advantage by exploiting the tool of discrimination to divide the people of this country.

SEXUAL HARASSMENT

Sexual harassment is any unwelcome behavior of a sexual nature. Whatever form it takes – verbal innuendo, repeated requests for dates, obscene gestures, unwanted touching – sexual harassment runs contrary to the basic union objectives of decent working conditions free of discrimination and inequality.

We must continue to demand that employers institute and enforce programs to eliminate this discriminatory behavior. Such programs should include:

Strong and fair policies against sexual harassment that clearly lay out the prohibited conduct and the consequences of violations. Employers must apply these policies evenly to all employees.
A confidential complaint procedure and provisions for prompt investigation and effective remedial action. Management’s failure to complete an adequate investigation or render adequate action must be subject to the established contractual grievance procedure. The contract must provide that such grievances will be processed in an expeditious and confidential manner.
Rejecting employer attempts to erode our members’ legal rights with contractual language waiving individual statutory claims, making arbitration the exclusive remedy for violations of the law, or adopting policies that are inconsistent with Title VII of the Civil Rights Act.
Policies prohibiting retaliation against workers who report sexual harassment. These policies must ensure protection for the victims of sexual harassment when they come forward to report it.
Access to confidential counseling for victims of sexual harassment, to help cope with the potential impact of harassment on their physical and mental health.
Union-approved educational programs and materials for all employees, aimed at the prevention and elimination of sexual harassment.

Only by employing all of these means in our fight against sexual harassment will we succeed in its elimination. Our goal continues to be the complete eradication of sexual harassment from the workplace.

WORKERS WITH DISABILITIES

More than two decades after passage of the Americans with Disabilities Act (ADA), too many of the millions of Americans with disabilities still face barriers and outright discrimination at the workplace. Through our collective bargaining agreements, we must build on the protections of the ADA to create a society where all Americans can contribute to their full abilities.

The ADA’s requirement that employers make “reasonable accommodation” to allow disabled employees to participate in the workforce on an equal basis exists side-by-side with their bargaining obligations under the National Labor Relations Act. In other words, the ADA does not justify an employer’s failure to bargain with its workers’ union over terms and conditions of employment. “Direct dealing” between an employer and a bargaining unit member about reasonable accommodations remains an unfair labor practice. Employers must negotiate with the union before changing terms and conditions of employment, even if an accommodation is required by the ADA. We are strongly committed to working with employers to meet the needs of our disabled members.

In the absence of a union voice, even the strongest legal guarantees and prohibitions on discrimination too often fail to eradicate the day-to-day problems created by embedded patterns of prejudice and discrimination. For that reason, it is important that we continue to make the treatment of disabled workers a priority at the bargaining table by:

Aggressively pursuing grievances regarding the rights of disabled workers.
Rejecting employer attempts to erode our members’ legal rights with contractual language waiving ADA claims, making arbitration the exclusive remedy for ADA violations, or adopting policies that are inconsistent with the ADA.
Requiring employers to eliminate on-the-job safety hazards and physical demands that prevent members with disabilities from returning to the workforce.

V-CAP (VOLUNTARY CONTRIBUTION FOR COMMUNITY ACTION PROGRAM) AND POLITICAL ACTION

The UAW has long understood that our ability to make progress for workers at the collective bargaining table is directly related to our ability to elect pro-worker candidates to public office. In the wake of the 2010 elections, that connection is clearer than ever. Republican governors and state legislatures have launched an all-out assault on workers and their unions by advancing legislation to repeal prevailing wage laws, institute right-to-work (for less), slash public employees’ compensation and deny them their right to collective bargaining. Their hostility is a tribute to our effectiveness. They want to destroy our movement because we stand in the way of a power grab by corporations and Wall Street banks.

The UAW Constitution says, “The precepts of democracy require that workers through their union participate meaningfully in making decisions affecting their welfare and that of the communities in which they live.” To realize this duty, the UAW provides all UAW members with opportunities to be directly involved in the legislative and political process at all levels of government. Working through the Community Action Program (CAP) structure and the GimmeFIVE program, we continue our efforts to educate UAW members and provide them with the tools they need to be effective lobbyists and political activists.

The election of President Barack Obama and Democrats in Congress in 2008 broke the chokehold anti-worker Republicans maintained in Washington since 2000. The victories were the result of hard work and commitment by the UAW and many others, demonstrating the importance of political education and the power of collective action. Unfortunately, the 2010 midterms returned the U.S. House of Representatives to GOP control and narrowed the Democrats’ majority in the U.S. Senate. Since then, Republicans have tried to move a far-right agenda that favors corporations and wealthy individuals over workers and the middle class. While the country continues to suffer an unemployment crisis, Republican lawmakers are focused on repealing health care reform, reducing the deficit through draconian cuts to domestic programs and extending tax cuts for the wealthy while denying unemployment insurance to the millions of people who are unable to find jobs.

Along with our allies, the UAW continues to fight for positive, progressive measures. These include:

Federal action to spur job growth and rebuild the nation’s infrastructure.
Closing tax loopholes that cost U.S. jobs by incentivizing investment overseas.
Raising the wages and working conditions of workers around the world through global solidarity action and fair trade agreements.
Defending the Affordable Care Act (health care reform) from Republican attempts to repeal or weaken the program.
Extension of unemployment insurance and Trade Adjustment Assistance to help workers who have lost their jobs through no fault of their own.
Protecting and strengthening the right of workers to organize free from coercion and repercussions from management.
Equitable immigration reform that protects immigrant workers from employer exploitation and provides them with a path to citizenship.

UAW V-CAP is an independent political committee created by the UAW and funded by voluntary contributions from our members. It does not ask for or accept authorization from any candidate, and no candidate is responsible for its activities. UAW V-CAP uses the money it receives to make political contributions and expenditures in connection with federal, state and local elections to advance the UAW’s political policies and agenda as established through our internal union processes.

Through V-CAP check-off, members may voluntarily make modest monthly contributions to help our union support issues and candidates who care about American workers, their jobs and the world they live in. V-CAP check-off continues to be a very successful way to raise voluntary dollars for our union’s political activities.

Now more than ever, UAW members recognize the importance of protecting our collective bargaining gains through political action. The U.S. Supreme Court’s January 2010 decision in Citizens United v. Federal Election Commission has tilted the scales even further in corporate America’s favor. The high court held that independent groups can spend unlimited amounts of corporate and union money on election advertising. While corporations have historically outspent labor on elections, the impact of the Citizens United decision on the outcome of the 2010 midterms is staggering. In the 2008 election, independent spending on behalf of Republican candidates was 18 percent higher than it was for Democratic candidates. In 2010, after the Citizens United case, Republican supporters spent 111 percent more than labor and other Democratic supporters.

We will work to continue to strengthen our V-CAP program to counteract the growing political influence of corporations and wealthy individuals who disregard the needs of working men and women in pursuit of their own greed.

To further this goal and ensure that all UAW members may fully participate in the political process, the UAW will pursue the following objectives at the bargaining table:

Include V-CAP check-off language in all UAW contracts.
Ensure that V-CAP check-off language requires employers to provide all needed information at a reasonable administrative fee.
Ensure that employers provide V-CAP information in an acceptable computerized format.
Push for paid time off for workers to register and vote in all elections.
Continue to work for federal Election Day as a paid holiday for all workers.