Hermillio Sosa steps into the pulpit of First Baptist Church in
Fayetteville, ready to tell his story but unable to speak many words his
audience will understand. Beside him, a man repeats his Spanish
sentences in English for the congregation, most of it black.
They're here on the birthday of Martin Luther King Jr., shot dead
40 years ago on a visit to support striking sanitation workers in
Memphis.
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Today, the faithful are joined by the fretful: roughly 50 workers
from a slaughterhouse about 20 miles south near the Bladen County town
of Tar Heel. They're easy to tell from the regulars by bright
yellow T-shirts that say Justice @ Smithfield. Many wear jeans and
athletic shoes. It's not what most consider church attire, but
they're here to rally support for organizing their workplace, the
world's largest pork-processing plant. It's hard to look
oppressed in your Sunday best.
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Sosa's story is short, the narrative choppy. He started
working at Smithfield Packing in 1998. A few years ago, he joined a work
stoppage to protest how fast production lines moved. Some who
participated were fired. He ends with a word that needs no translation.
"Gracias." On cue, the audience bursts into applause. Most of
the plant's 5,000 workers are black, but more than a quarter are
Latino. This, the speakers who preceded him have hammered, is a cause
they all share. The event lauds not only King but also Cesar Chavez.
Scenes from both men's lives flash on the wall behind the choir.
Public-relations spectacles like this are skirmishes in the nearly
16-year battle for the plant by Smithfield Foods Inc., based in the
Virginia town from which it takes its name, and the Washington,
D.C.-based United Food and Commercial Workers International Union.
Stakes are high for both sides, and the outcome will have effects far
beyond the company, the union and plant employees.
With union membership continuing its long decline and
representation of the U.S. work force dwindling--from 23% in 1983 to 13%
in 2007--the labor movement needs a big win. There would be no sweeter
place to get it than North Carolina, the least unionized state in the
nation. "This is one of the largest industrial plants in the
South," says Robert Korstad, associate professor of public policy
studies and history at Duke University. "It's symbolic to the
union movement. If they're able to win there, it sends a real
signal to other workers in other industries."
For Smithfield, a union in Tar Heel could expose the Achilles'
heel of the business model that made the company the world's
largest hog producer and pork processor. "They figure if they can
get that done, it will be a catapult into other industry in North
Carolina and South Carolina," says Joe Luter IV, president of The
Smithfield Packing Co., the subsidiary that runs the plant. "Then
they'll move on down the Southeast into Georgia, Alabama,
etcetera."
"If the labor movement can't win the South, we can't
succeed," Gene Bruskin, director of the union campaign, told Labor
Notes magazine, adding: "The Tar Heel plant is big enough and
important enough and close enough to other places that it has the
possibility of moving other people. The possibilities of organizing
packinghouse workers would be transformative to the labor movement, for
immigrants, for African American workers, for the South."
The UFCW has been trying to organize the Tar Heel plant since 1992,
the year it opened. There have been longer campaigns in North Carolina
and a few that involved more workers, says James Andrews, president of
the state AFL-CIO in Raleigh. "But at least in recent history, I
can't think of a worse situation." Hourly employees twice have
voted on whether the union would represent them, and twice the union has
lost. It claims the company won by coercion--charges backed by a court
decision and the National Labor Relations Board, which has ordered a new
election.
Smithfield is willing to try for a hat trick, but union leaders
don't trust it to play fair. They want specific rules guaranteeing
company neutrality with "meaningful sanctions." The company
claims that the union wants to win recognition simply by getting a
majority of workers to sign cards authorizing it as their
collective-bargaining agent. "These are people who are trying to
take away the right of employees to decide their own future in a
secret-ballot election," spokesman Dennis Pittman says. "This
is trying to take away something that men and women have died for in
this country and around the world."
After negotiations broke down in October, Smithfield sued the union
under the federal Racketeer Influenced and Corrupt Organizations Act,
essentially claiming that the union was a criminal organization trying
to put it out of business with a smear campaign. The lawsuit contends
that the UFCW has initiated frivolous regulatory investigations, made
false statements to analysts to drive down the stock price and
interfered with business relationships.
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Undaunted, the union ramped up its PR campaign, even going after
Paula Deen, the frosty-maned, magnolia-mouthed TV cook who has become
the company's public face. During one of her promotional tours in
November and December, members and their allies met her with signs,
urging her to listen to worker concerns. They flooded her Web site with
e-mails and her Savannah, Ga., restaurant with phone calls.
As the field of battle has expanded beyond Eastern North Carolina,
its duration--the elections were held in 1994 and 1997, though the NLRB
didn't render a decision until 2004--has seen shifts that have
changed both the industry and its work force. According to historian
Roger Horowitz, who has written several books about labor relations in
meatpacking, Latinos began moving into the industry during the 1980s as
big union plants in the Midwest fell prey to smaller competitors with
leaner cost structures. The surge of immigrants to North Carolina in the
'90s provided employers with a new pool of cheap, compliant labor.
Latinos made up nearly half of the Tar Heel plant's workers in
2006. "Historically, Hispanics tend to be pro-company," Luter
says. "They appreciate the jobs, and they don't mind the hard
work. They like the money, and it's an opportunity for them."
But Hispanic employment has decreased to 26%--about what it was when the
last vote was held 11 years ago--due to a U.S. Immigration and Customs
Enforcement crackdown that forced Smithfield to fire workers who
couldn't prove their Social Security numbers were legitimate. Union
officials say the company's cooperation with ICE proved a
convenient way to oust Latino activists, but executives contend that the
crackdown affected pro-company workers as well. "Our participation
in that program had a real negative impact on our company," Luter
says.
[ILLUSTRATION OMITTED]
Tuesday dawns clear and cold, but dark clouds cover much of the
western sky. The forecast calls for rain. The church service the
previous day had represented a victory for workers. A year ago, the
company refused demands to make Martin Luther King Day a paid holiday,
so some workers stayed home. This year, Smithfield Packing had closed
the plant. It rises, boxy and white, out of the flat, winter-browned
landscape just north of Tar Heel, a hamlet of fewer than 100 people. The
main building stretches more than a quarter-mile down N.C. 87, crisp and
neat except for steam rising and pipes sprouting and snaking out of its
roof like intestines from a carcass. At 5:30 a.m., machines crank up.
Production begins again.
A worker nudges along a new shipment of hogs, which are still
fighting, grunting and squealing, and herds 10 at a time into a chamber.
The door automatically slides down, and carbon dioxide floods the
compartment. Twenty seconds later, the other door opens, the floor
tilts, and pigs, silenced and still, slide out. A back leg of each is
shackled to an overhead conveyor, and a worker flashes a blade, slicing
its jugular. Like slacks at a dry cleaner, dangling swine keep moving,
blood raining from lifeless snouts to freshen crimson creeks in troughs
below. The conveyor angles down, submerging them in scalding water to
loosen their hair. For about 10 minutes, they stew in a U-shaped
cauldron, always moving, then are levitated toward a machine with rubber
flaps that plucks most of the bristles, followed by a series of
furnaces--nozzles spewing blue, purple and orange flames--to singe off
any left.
While large parts of the operation are automated, much of the work
is by hand. After a worker slices away pieces burned by the furnaces,
others cut off the head and gut the body. Most of the pig--including
bellies that will be made into bacon--is sent to the cutting room.
Workers there wear gauzy hairnets, dark-blue helmets, light-green gloves
and white coveralls with light-blue sleeves. Green plastic mats at their
stations keep their feet from slipping. A maze of conveyor belts move
cuts of meat around the plant, sometimes taking them above the factory
floor before lowering them like luggage at an airport. Machinery
combines to produce a rushing sound that's loud enough to warrant
ear protection.
[ILLUSTRATION OMITTED]
Once butchered to the right size, meat is wrapped and shipped to
stores, wholesalers and distributors or to other Smithfield plants for
processing. It's no work for the queasy. Razor-sharp blades and
repetitive-motion injuries are constant worries. Union brochures carry
stories of workers hurt on the job and rushed back to the line. The
company counters that the plant's safety record is better than most
and that the number of job-related injuries and illnesses has fallen in
recent years. In 1998,19 out of every 100 workers reported injuries on
the job. Three years later, the number dropped below 10%. It has crept
into double digits only one year since. Industry averages ranged from
12% to 29%.
Smithfield officials tout the plant's economic benefit to the
region--a payroll of $150 million a year. "The wages we pay in that
facility are close to $2 an hour higher than poultry jobs in that same
part of North Carolina," Luter says. But the plant doesn't
fare so well in other comparisons. It draws more than 80% of its work
force from Bladen, Cumberland and Robeson counties. Its average wage of
$12.10 to $12.20 an hour for production workers is below Robeson's
average of $12.62, according to the most recent state Department of
Commerce estimate, and average wages in Cumberland and Bladen are even
higher.
Smithfield Foods has a history of dealing with unions stretching
back 30 years. Its oldest union shop is in its hometown. Roughly 40% of
its 53,000 employees are covered by collective-bargaining agreements
with five unions. According to Pittman, the Tar Heel plant's wages
are about the same as those in the other plants, which explains why some
workers don't want the UFCW: Why pay dues if you're already
making as much as union members? But for the company, it raises another
question: Why spend millions to keep the union out?
The Tar Heel plant plays a strategic role in the company's
business. It processes up to 32,000 hogs a day, 64% of Smithfield
Packing's total capacity. "If we had an extended strike in
that plant," Luter says, "we would have hogs backing up
throughout North Carolina or we would have to put hogs on trucks and
ship them to the Midwest." One reason Smithfield built such a
mammoth plant in Bladen County was its location. It's close to
Interstate 95, pig farmers in Eastern North Carolina and pork consumers
on the East Coast.
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The company had been a small player until the 1980s. In 1981, it
bought Gwaltney, its main rival in Virginia, and doubled in size. Three
years later, it acquired Patrick Cudahy, a Wisconsin-based maker of
bacon, ham and sausage. At the same time, unions were losing their grip
on the industry, as high labor costs made producers such as Armour and
Swift vulnerable to new competition with leaner payrolls and heavier
investment in machinery. Half the workers in meatpacking were union
members in the early '80s, according to a U.S. Department of
Agriculture report in 2000 on consolidation in the industry. "By
1987, union membership in meatpacking had fallen to a fifth of the work
force, where it has remained."
Without having to deal with union work rules, the upstart companies
could automate more of the process, speed up lines and keep down wages.
Between 1977 and 2007, U.S. Bureau of Labor Statistics figures show, the
average pay for production workers in animal slaughtering and processing
plummeted from 4% below the national average for manufacturing
production workers to more than 30%. It became "a job of last
resort," Horowitz says. "The work force changes, and you have
this huge influx of immigrant workers."
While this was happening, Smithfield was vertically integrating
operations by raising as well as slaughtering hogs. In 1987, it launched
a joint venture with Carroll's Foods of Virginia in Warsaw. In
1992, it purchased a majority stake in Brown's of Carolina in
Kenansville. Hog production across North Carolina grew from 4.5 million
head in 1992, the year the plant opened, to 9.3 million just four years
later. Owning hogs from "squeal to meal" helps a processor
control quality and build its brand, Horowitz says.
"They have more control over the input that they're
getting than Oscar Mayer and Hormel. That allows them certain
efficiencies in production and manufacturing because they don't
have to worry about variations in supply." But unlike pure meat
processors, which can withstand a strike by ceasing to buy hogs, the
company is at a disadvantage, he says. "Smithfield, by creating
this integrated structure, is much more vulnerable. If they can't
keep operating, they have this huge inventory, which just tears their
cash up."
So far, Smithfield has kept organized labor at bay in Tar Heel.
When the union filed charges with the NLRB after losing the 1994
election, the company agreed to another vote. Losing in '97, the
UFCW again turned to the NLRB, which ruled in 2004 that Smithfield had
violated labor law in both contests. In '94, the company had
threatened to fire workers, confiscated union literature and intimidated
employees while it was distributed. The '97 campaign, the board
found, had been worse--violations included assaulting a worker and
threatening to freeze wages and to close the plant. It ordered a new
election and made the company display a sign saying it had been found
guilty of labor-law violations and listing more than 30 things it has
promised not to do.
When the Court of Appeals for the District of Columbia upheld the
decision in 2006, the company gave up the legal fight. Luter won't
talk much about the '97 election. "Let's just say that
some of the advice we got from outside people 10 years ago was probably
not some of the best advice we got." When pressed about the advice,
he says, "I'd rather not go there. It's a new day."
Luter, 43, has been president of Smithfield Packing since 2004. His
great-grandfather and grandfather founded the company in 1936. His
father, Joseph Luter III, is chairman of Smithfield Foods and was the
holding company's CEO since it was founded in 1975 to 2006, when he
turned the job over to Larry Pope.
That it took the NLRB seven years to act is no surprise, Horowitz
says. Weakened during the Reagan Administration, the labor board has
never regained its strength. "Routinely, what has gone on in the
last 25 years is companies violate the law in union organizing drives
and trust that, if they lose, enough time passes between the violations
and the ruling that the union is unable to recover." As evidence
that Smithfield isn't anti-union, Luter points to an election last
year at a distribution center in Clayton that the Steel Workers union
won by two votes. "It was very close, but they won, so we're
in discussions with them right now."
Keith Ludlum, a UFCW organizer who has been fired by Smithfield
twice--he was reinstated by the NLRB once and is contesting the
second--says there's a world of difference between accepting union
representation for 119 employees in a warehouse operation and doing it
for more than 4,500 hourly workers in the main slaughterhouse. In March,
Smithfield Packing announced it was closing a smoked-ham factory in
Kinston--the only union shop among its six wholly owned processing
plants in North Carolina. Pittman says the move is to improve efficiency
and is not an anti-union maneuver. The plant is 60 years old; some of
the jobs are heading for another union shop.
Winning a third election might keep out the union, but company
executives shouldn't expect such a victory to end the war.
Reflecting on the previous votes, Pittman makes an observation that
mirrors Horowitz's from the opposite view. "If you're
familiar with campaigns and labor law, every time a union loses a
campaign, they file unfair labor practices. It's just part of their
job. They're supposed to file charges if they don't win."
There's just too much on the line, it seems, for either side to
give up.
RELATED ARTICLE
SMITHFIELD FOODS INC.
Headquarters: Smithfield, Va.
Founded: 1936
Employees: 53,100
Represented by union: 22,000
Sales: $11.9 billion
Net income: $166.8 million
Source: Company, fiscal 2007
OPERATING PROFIT
(millions)
Pork $228.0
Hog production 211.4
International 38.3
Beef 5.7
Other 40.9
Source: Smithfield Food, fiscal 2007
LACKING ORGANIZATION
Last year, workers in North Carolina had the lowest rate of union
membership in the country.
Union membership
1 North Carolina 3.0%
2 Virginia 3.7
3 South Carolina 4.1
4 Georgia 4.4
5 Texas 4.7
6 Idaho 5.3
Tennessee 5.3
8 Arkansas 5.4
9 Louisiana 5.6
10 Utah 5.8
Source: U.S. Bureau of Labor Statistics, 2007
COPYRIGHT 2008 Business North
Carolina Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.
Copyright 2008 Gale, Cengage Learning. All rights
reserved. Gale Group is a Thomson Corporation Company.
NOTE: All illustrations and photos have been removed from this article.