How can we help ourselves

I need help getting information on getting my place of work unionized. I work at Borders Books in San Francisco at the Stonestown shopping center. Basically we feel that the way they want us to work is unfair and for some, they feel like their rights have been violated. They are currently firing people at my work for "taking long 10 min. breaks". They are also forcing them to sign a paper saying that the employee owes the company large amounts of money. Which I have heard amounts as little as $500 and go up even more. They tell the employee that they have proof built up over a long period of time. In one case 2 years worth of proof. If they have 2 years of proof, why let it go on so long? The only possible proof they might have would be either video or manager log. Videos are erased after about a month so it's not likely to have 2 years worth of that. They must be targeting people, because the managers are taking up to 10 smoke breaks in a day and taking 15-20 min. "10's" with no consequence. Where is the fairness in that? They are also saying for those employees that they will have a meeting the next week after being suspended. When those employees call, the General Manager is not taking their call, therefore just firing them because he says they didn't call.

And as for the Inventory team (who work in the warehouse), they are getting the short end of the stick also. For them to work efficiently they need 7-9 people, working both morning and night shifts to be at a constant production flow. The General Manager has cut the team to only 4 people. Some of whom hardly work because their hours have been cut, (just the Inventory team), but management DEMANDS.....MORE...BETTER...FASTER!! Which I have heard them tell the Inventory team on numerous occasions. They are tired and are at their wits end. They want to be treated fairly and want better work ethics amongst their management staff. They are also told to do other positions at work that prevent them from fulfilling their own duties. We need help and we need it fast! I have talked to a lot of people at my work and they all agree we need to be in a union. We want to be treated fairly and with respect. Is there anything you can do to help us?

X

You should contact the United Food and Commercial Workers Union at once. They have unionised stores in the past in at least three markets (Ann Arbor, Minneapolis, Chicago). However, the restitution demands sound like a case for Legal Aid.
Concerning suspensions -- everybody should know, those are done according to a written policy. It's imperative that the manager give you written notice to the effect that a suspension is pending. Never leave the premises without that in hand, even if a threat is made to contact the police or store security. (A private security person, if asked to make you leave, will more likely than not refuse). There unfortunately is a known problem with personnel in at least a few stores telling a worker that s/he ought to leave for a while although s/he will still be paid: the word "suspension" is deliberately avoided. Do not be taken in. If other personnel ask you to go and yet haven't even got the required paperwork ready, something is very seriously wrong and you are in a situation where you have absolutely nothing to lose by insisting on reviewing the section of the handbook where suspensions are discussed.

I know in the employee handbook it says there are procedures that need to be taken before the someone can be terminated. Having worked for Borders for many years I know it by heart. They skipped all stages (PIN - Final Waring) and went straight for termination. The general manager said that there was a loop holes allowing him to terminate for extreme cases.( I don't think a long 10 is an extreme case) Unfortunately, I cannot find the loop hole anywhere in the employee hand book. Also, our store is so bad that regular employees are finding out confidential information about other employees because the management staff love to open their big mouths. Even I have found out about employees termination before they even know. Couldn't someone get in trouble for that?

I can't speak to the unionization issue, but I have a little experience witnessing terminations ...

I think if you read the handbook again, you'll see that they don't require progressive discipline (i.e. PIN-Written-Final Warnings) before termination. (For instance, you would not get any progressive discipline if you got caught stealing. I hope.)

I don't have it in front of me, so I can't quote chapter and verse, but I know that the Standards of Conduct section, for instance, lists things that can lead to immediate disciplinary action "up to and including termination" (without progressive discipline). Standards of Conduct's last item is basically a catch-all phrase saying "this is not an exhaustive list, other bad stuff that we haven't written down is also included". The list does include "theft or dishonesty of any kind," which arguably would include asking for a 10 and taking more than that. I don't remember the list containing anything about breaks, but it's about fifty items long - it very well might.

My guess - and that's all it is - is that you/your coworkers have been targeted; long and/or excessive 10s are not that uncommon, but getting fired for them, without any warning, is, in my experience.

Your post suggests that there may have been procedural irregularities, but I kind of doubt that pursuing them is likely to get anyone reinstated. Depending on the facts, what you can prove, and your DM and zone HR person's sense of integrity, you might be able to get the manager(s) in question in trouble/fired, though. (I don't mention your zone VP ... for reasons that shall go unstated.)

You might want to retract the exact location of your store. Best to keep things on the dl for now.

iww.org

is there a way i can edit the post?

heron's picture

Too late now.

I suspect that your store will be hosting lots of corporate "visiters," all of whom will never say that they are there in response to the post.

They may bring goodies. They may just want to have small meetings with staff "so see how they can help morale." They will be looking for a staff member to rat out all the pro-union staff by name, so that they can start getting paperwork on as much legitimate progressive discipline stuff as they can.

Read the handbook, and don't break any rules, even rules that have never been enforced, or you will be seeing the door.

On the other hand, if your management has in any way created what the handbook calls an "uncomfortable work environment" through any kind of harassment or discrimination, you will have Bincies right there to tell it to.

Good luck!