Wednesday, November 29, 2023

 

Legoland trying to deter ride techs’ bid to unionize, workers say


Exclusive: ride technician engineers in California say union avoidance consultants brought in after filing for union election
Legoland in Carlsbad, California.
Legoland in Carlsbad, California. Photograph: Daniel Knighton/Getty Images
 November 29, 2023

Lego play sets have captivated children and adults alike for decades, but engineers at Legoland California are dealing with blocks of a different kind: opposition from management and hired union avoidance consultants trying to deter their bid to formally unionize.

Ride technician engineers at Legoland in Carlsbad, California, filed for a union election to join International Association of Machinists and Aerospace Workers (IAMAW), District Lodge 947 in September. They await a ruling by the National Labor Relations Board on accepting their bargaining unit, and permitting the election to be scheduled.

“The big focal point they have is a complete and utter lack of fairness,” said William Corona, business representative and organizer with IAMAW, District Lodge 947. “When we first got into the impact of what that meant with the workers, it got into extreme amounts of favoritism and nepotism. Some of these ride technicians are getting zero raises and it’s based on who you know and how well you are with the supervisors.”

The engineers “stood up and said ‘enough is enough’,” Corona added. “Signing a union authorization card and reaching out is already commendable and empowering alone.”

This action amounts to a “historic presence” at the resort, according to Corona. “Our future members there want fairness. They want to be recognized not just as a number, but as a person and Legoland is not doing that, and they haven’t been doing that.”

Legoland California – the first Legoland theme park in the US – is often rated as one of the most popular amusement parks in the world. Opened in 1999, the park was acquired by Merlin Entertainments in 2004. The family of Kirk Kristiansen, who controls Lego, later led a £5.9bn takeover of Merlin in 2019.

One worker at Legoland described lagging and low pay of workers in the ride engineering department, arbitrary and unfair disciplinary enforcement by supervisors, and a culture of favoritism fostered by managers and supervisors. This prompted workers to start organizing a union at the park, said the worker, who requested to remain anonymous for fear of retaliation.

“There is a lot of micromanaging, and our management doesn’t necessarily trust us to do our jobs,” they added. “We are the lowest-paid park engineers in California at the moment, I believe. Compared to Disneyland, SeaWorld, Six Flags, Magic Mountain, we’re one of the lowest, if not the lowest, in starting pay.”

They described how ride engineers perform preventative maintenance on rides, regular safety inspections and routine scheduled maintenance. The favoritism and micromanaging that workers complain about is often reflected in annual performance reviews, with supervisors arbitrarily deducting points toward that review for certain workers, or enforcing certain policies to add disciplinary points to a workers’ review. This impacts any bonuses they might receive and promotions or pay increases.

Since management became aware of the union campaign, the worker said there has been an uneasy tension between management and workers. Union avoidance consultants have been brought in, they said, and have used regular one-on-one and group meetings to isolate and separate workers who push back on anti-union arguments and claims.

“At the very beginning, they definitely made it seem like they were your friend trying to be on your side, like, ‘Oh, you know, we’re here to help you guys,’” the worker said, claiming that this attitude quickly veered into fearmongering about the union. “They would give us one of the sheets that they were going over at the very bottom of that, it was saying, ‘Do you want the union to have complete control over you?’ in black bold letters.

“They emphasize that there’s a big possibility the workplace might not get better, that Legoland could take things away, that our benefits will go down, without directly saying that.”

The opposition to unionization at Legoland is “trying to say the union has an agenda, and that they don’t”, the worker added. “But they do, and the union at the end of the day isn’t a separate body, it’s us. We’re not going to do something we don’t agree upon or don’t want.”

Legoland’s management retained the law firm Littler Mendelson, the same union avoidance law firm used by Starbucks and Amazon.

complaint was filed recently by the non-profit LaborLab against one of the union avoidance consultant firms hired by Legoland – KV Information – for not providing adequate information in filings with the federal government about their compensation and consultant activities related to their work for Legoland in response to this union campaign.

These actions in opposition to the union appear to contradict the Lego Group’s Responsible Business Principles. “Workers have the right to form or join trade unions and take part in union activity, select their own representatives and to bargain collectively without interference, obstruction, influence or sanctions from employers,” it states.

Kirkbi, the private investment company of Kristiansen’s family, owns 75% of Lego Group and 47.5% of Merlin, which owns and operates Legoland parks.

“Legoland is a great place to work. The people that I work with are all great people, and I just feel like we deserve to be treated a lot better,” the worker said. “We play a very important role in the operation of the park and that role is really undermined.

“I don’t feel job qualification is that important to how we’re being treated. Everyone does their job very well, but I just believe our management really needs to reevaluate themselves, fix their issues and how they treat the workers.”

Legoland did not respond to multiple requests for comment.

HUNDREDS OF THOUSANDS OF QUEBEC UNION WORKERS ANNOUNCE WEEK-LONG STRIKE

CTVNEWSMONTREAL.CA DIGITAL REPORTER
Daniel J. Rowe Published date: Tuesday, November 28th 2023
A demonstrator dressed in a unicorn suit takes part in a demonstration on Thursday, November 23, 2023 in Quebec City. Thousands of people of the unions common front gathered to protest. 
THE CANADIAN PRESS/Jacques Boissinot

The Common Front of unions announced strike days from Dec. 8 to 14, meaning nearly half a million of Quebec's public workers will be off the job again if they don't reach a deal with the province.

The Common Front is made up of the CSN, CSQ, FTQ, and APTS unions and represents around 420,000 workers in the health, social services, and education sectors.

"This is a final strike sequence before calling an unlimited general strike," said union presidents in a joint news release. "This announcement demonstrates our seriousness and our determination to reach an agreement before the holidays. Each time, we leave room for negotiation, but let's be clear: we will keep up the pressure and pursue our strategy of deploying our actions in crescendo."

The Common Front held a single strike day on Nov. 6 and followed by three strike days from Nov. 21 to 23.

Union representatives say that working conditions are unacceptable, the work union members do is undervalued and that wages remain low.

"Our members clearly felt it on the picket lines during last week's three-day strike. Something is happening in Quebec, and the momentum is there, for our networks, for workers, for services and for the public," the leaders said. "It's time to open up the engines, get the mandates down and reach a settlement at all the negotiating tables."

The unions will join the already striking federation of teachers' unions in the French-language system (FAE - Fédération autonome de l'enseignement) are on a general unlimited strike, which, they say, could last until Christmas.

CALLS FOR TREASURY BOARD CHAIR TO RESIGN


Opposition parties responded to the ongoing strikes at the national assembly in Quebec City.

The Quebec Liberal Party (PLQ) called on Treasury Board Chair Sonia LeBel to resign, saying that she is incapable ot getting along with unions.

Liberal education critic Marwah Rizqy said that LeBel has been relieved of other duties, such as intergovernmental affairs, to concentrate on negotiations.

"Sonia is zero for 10 in contract negotiations," said Rizqy. "Why is she still the head of the Treasury Board? Maybe it's time the premier found a better Treasury Board president."

Parti Quebecois (PQ) leader Paul St-Pierre Plamondon said the two sides need to stop negotiating in public and sit down to talk.

When asked if the province is reaching a critical point for students who have lost school days.

"It's already critical," he said. "We need a quick resolution."

Quebec Solidaire (QS) said the government needs to "table a real offer to the unions."

Are you a parent concerned about the strike's impact on your children's school year? We'd like to hear from you for a news story. E-mail us at MontrealDigitalNews@bellmedia.ca
Apple’s $25 Million Settlement Reveals Disconnection in Immigration Law Oversight

ByMaria Laus
Posted on November 24, 2023


In a recent development, the Department of Justice (DOJ) reached a $25 million settlement with Apple Inc., alleging discriminatory practices in hiring against U.S. citizens. This marks the second enforcement action against a major U.S. employer for bias when sponsoring foreign workers for lawful permanent residency. Immigration attorneys argue that this settlement underscores a disconnect between federal agencies, specifically the Departments of Justice and Labor, in enforcing compliance with immigration laws.
Outdated Mandates And The Need For Guidance

The settlement with Apple brings attention to the anachronistic nature of mandates imposed by the U.S. Labor Department (DOL), particularly those associated with the permanent labor certification program known as PERM. Immigration attorneys suggest that these mandates, such as advertising in Sunday print newspapers, are outdated and highlight the necessity for clearer guidance on navigating oversight from both the Departments of Justice and Labor.
Conflicting Requirements For Employers

Large employers, while seemingly compliant with DOL regulations, can still face Justice Department enforcement actions for recruitment failures when seeking lawful permanent residency for foreign workers. This situation reveals a pressing need for updating rules aligned with current hiring practices and for federal agencies to align their oversight approaches.

Cyrus Mehta, managing partner at Cyrus D. Mehta & Partners, PLLC, remarks, “Employers who wish to sponsor skilled, and badly needed, foreign workers for permanent residency are caught between the conflicting requirements of two federal agencies.”

Navigating The PERM Process

Companies intending to sponsor workers for lawful permanent residency must navigate the DOL’s PERM process. This involves advertising positions with an agency-approved prevailing wage, conducting a wage test, securing a labor certification, and submitting an immigrant worker petition with U.S. Citizenship and Immigration Services. Delays in the process, exacerbated by the pandemic, have raised employer concerns about talent retention, particularly for smaller firms with fewer sponsored employees.

Tech Employers Under Scrutiny


Large tech employers, heavy users of the PERM process, and the H-1B visa program face additional scrutiny in navigating recruitment mandates. Approximately two-thirds of H-1B visa workers are employed in tech or computer-related fields. The settlement with Apple emphasizes employers’ importance in addressing DOL regulations and emerging enforcement trends at the DOJ.


Allegations Against Apple

The DOJ alleged that Apple implemented measures to discourage U.S. workers from applying for positions involved in the PERM process. This included requiring paper applications instead of online submissions and not advertising PERM positions on its external website, contrary to standard practices. Such measures resulted in fewer or no submissions from applicants lacking temporary work authorization.

Bob Webber, an immigration attorney at the Webber Law Firm, notes, “It’s like DOL wants you to comply with the trees, but DOJ says you missed the forest.”
Similarities With Previous Cases

This settlement with Apple echoes a case in 2021 involving Facebook, where the DOJ settled allegations of hiring bias for $14.3 million. Both cases highlight the need for employers to evaluate their permanent labor certification programs under both DOL regulations and the DOJ’s enforcement trends.
Federal Agencies’ Inconsistent Approach

While the DOJ asserts jurisdiction over the PERM process, some immigration attorneys argue that this position is faulty, as PERM regulations have no hiring mandate. The lack of a unified approach among federal agencies and outdated recruitment mandates emphasizes the need for comprehensive updates to align with contemporary hiring practices.

Future Outlook And Legal Challenges

The future focus on the PERM process remains uncertain beyond tech giants like Apple and Facebook. However, a recent court victory for SpaceX against DOJ investigations into alleged hiring discrimination may pave the way for other companies to challenge such enforcement actions. Elon Musk’s SpaceX successfully argued that the case was unconstitutional, raising questions about why Apple and Facebook opted for settlements rather than contesting the lawsuits.

In summary, the $25 million settlement with Apple sheds light on the challenges employers face in navigating conflicting requirements from federal agencies and the pressing need for a unified approach to immigration law oversight.
US Starbucks Faces Legal Setback: Workers Illegally Fired for Union Activities

By Maria Laus
Posted on November 28, 2023


In a recent ruling, a National Labor Relations Board (NLRB) judge found that Starbucks Corp. unlawfully terminated two employees from its Portland, Oregon, store due to their involvement in union activities. Administrative Law Judge Sharon Steckler, who presided over the case, also determined that the coffee giant engaged in additional unfair labor practices. These included discriminatory enforcement of the company’s dress code against union supporters and the suppression of union-related information on a community bulletin board at the store.

Violations Of Federal Labor Law Pile Up


This decision marks another instance where Starbucks has been found violating federal labor law. The NLRB has ruled against the company in approximately three dozen cases, with around 70 pending complaints before agency judges. The Portland store in question unionized following an election in July 2022.

Sanctions Imposed But Limited By Appellate Jurisdiction


Judge Steckler imposed sanctions against Starbucks for failing to comply with information requests, including the production of company manuals and details about a disciplinary system known as the “barista approach.” However, she stopped short of granting all the sanctions sought by NLRB prosecutors. Notably, the judge considered the jurisdiction of the US Court of Appeals for the Ninth Circuit, which has a skeptical view of sanctions imposed by Administrative Law Judges (ALJs). According to Steckler, ordering all requested sanctions might result in a “pyrrhic victory” for the agency.
Adverse Inferences And Starbucks’ Response

The judge made adverse inferences against the company on specific factual issues to address Starbucks’ failure to provide requested information. Starbucks spokesperson Andrew Trull expressed disagreement with the ALJ’s decision, asserting that the actions taken were in line with lawful store and partner policies. Trull emphasized that the company’s actions did not respond to employees’ participation in concerted union activities.

Starbucks plans to appeal the decision to the NLRB, indicating its commitment to challenging the ruling.

Looking Ahead


As Starbucks navigates this legal setback, the case highlights ongoing tensions between the company and its workforce regarding labor practices and unionization efforts. The appeal process will likely shed further light on the intricacies of the allegations and the company’s defense against them.



The case is officially documented as Starbucks Corp., N.L.R.B. A.L.J., Case 19-CA-296765, dated 11/27/23.
UK Lift firm fined £200k over engineer's death at Muller's Shropshire plant

28th November 2023, 

By Caroline GallBBC News, West Midlands

A lift maintenance firm has been fined £200,000 after an employee died when he became trapped above a moving lift at dairy giant Muller's headquarters.

Lewis McFarlin, 24, from Stoke-on-Trent, was confirmed dead at the Shropshire plant in January 2020.

The lift unexpectedly started moving while he was working on it but his death was preventable, the Health and Safety Executive (HSE) said.

Lift Monitoring Systems Limited admitted failing to discharge its duty.

It was also ordered to pay costs of £45,000 at the hearing at Stoke-on-Trent Crown Court on Monday.

The company, formerly known as RJ Lift Services Limited, of Oldfield Business Park, Stoke-on-Trent, pleaded guilty to the charge brought under the Health and Safety at Work Act.

The 24-year-old and two other engineers were at the Market Drayton site to work on a different lift before being asked to resolve an issue with a door-opening mechanism on a lift-landing door, the HSE said.

'Tragic and preventable'

Mr McFarlin was on top of a lift car and the lift put into inspection mode so he could control it while the work was done.
HSEThe lift began moving at normal speed after switching out of inspection mode, the HSE said

But it suddenly switched to normal mode and began moving at normal speed, trapping him in a void between the lift car and the structural elements of the lift shaft, the HSE said.

Although colleagues tried to release him, he suffered multiple injuries and had died by the time the emergency services arrived.

The jury at an inquest into his death in 2021 recorded a conclusion of accidental death.

The HSE investigation found there was a failure to cover the void in which Mr McFarlin became trapped and, if it had been covered over, the incident could not have happened.

Mr McFarlin's mother Leah Salt said: "Hearing all the evidence this last week has been extremely difficult. Hearing how Lewis' death was easily and reasonably preventable, is heart-breaking.


"No one should go to work and not return."


HSE inspector Andrew Johnson said it was "a tragic and entirely preventable incident" and the firm failed to meet its responsibilities.







Paper mill workers win redundancy legal action

Story by By Louise Hosie - BBC Scotland News • 


The mill - which operated for more than 250 years - went into administration last year© BBC

Five former workers at an Aberdeen paper mill have won their legal action over claims they were made redundant without being properly consulted.

Stoneywood paper mill - which operated for more than 250 years - went into administration last year.

An employment judge has now ruled that the workers were made redundant without a proper 45-day consultation.


It means they are entitled to compensation. The administrators declined to comment.

BBC Scotland News understands that a separate mass legal action on the same consultation period lodged by Unite the union on behalf of about 300 workers is expected to be ruled on shortly.

Redundant mill workers set to take legal action

The five workers, whose job roles included financial control and IT analysis, will now be entitled to compensation, capped at eight weeks of wages.

Lawyer Paul Kissen from Thompsons Solicitors, the firm representing Unite's workers, said the company should have carried out a collective consultation before dismissing staff.



Paper mill workers win redundancy legal action© BBC

Mr Kissen told BBC Scotland News: "There should have been a period of 45 days in which the union was consulted in order to identify ways to avoid, reduce or mitigate the consequences of the redundancies - for example, looking for other job opportunities for people, and having meetings with people who were able to say what was going on.

"The administrators failed in their statutory duty to carry out a collective consultation process with these employees before they made everyone redundant."

Mr Kissen said he expected the ruling on the Unite action to be issued "imminently".

"It is all too common that workers who have been working at a company, in some cases for decades are all dismissed without any warning," he added.

"In a situation where a company goes out of business, they should still have the consultation, rather than just being dismissed out of the blue as soon as the ship has all but sunk. "

He added that previous cases with similarities included staff at the department stores Debenhams and Watt Brothers, which both entered administration in recent years.

'Very confident'

Unite legal officer Mark Lyon said: "Unite are pleased to have taken on the lead on acting for the majority of cases and lodging them for our members at Arjowiggins Scotland Ltd.

"We are pleased the judgements have begun to be handed down, and are very confident of successful outcomes for our members in the coming weeks.

"Any award for Unite members will be without any solicitors' fees, and all the compensation due will go to our members."

Joint administrators from Interpath Advisory said they did not wish to comment.

In 2019, the business was sold to a new parent company, securing the jobs at the mill.

However, administrators were appointed in September last year.

The mill's problems were blamed on the Covid pandemic and the economic challenges facing industrial manufacturing businesses, including rising energy costs.
FIRST IN CANADA
City of Ottawa bans replacement workers (SCABS) during municipal worker strikes

City's new bylaw a 'significant shift in labour law'



By Ronald Minken
Nov 28, 2023

In a significant development for labour rights in Canada, the City of Ottawa has taken a progressive step by banning the use of replacement workers during strikes. This decision represents a significant shift in labour law and has implications for both employers and employees. In this article, we will explore the details of this decision, its potential impact, and what it means for the future of labour relations in the country.

Ottawa City Council recently passed a bylaw that prohibits the use of replacement workers, often referred to as “scabs,” during labour strikes. This move makes Ottawa one of the first Canadian municipalities to take such a step. The ban applies to the public and private sectors, covering various industries and workers.

Key points of the bylaw

Scope: The bylaw applies to all employers within the city limits of Ottawa, including both public and private sector employers.

Prohibition: During a strike or lockout, employers are prohibited from hiring replacement workers to perform the duties of the striking or locked-out employees.

Exceptions: There are exceptions to the ban. For example, employers may still hire temporary workers for duties unrelated to the work affected by the strike or lockout. Additionally, employers may use management personnel or supervisors to perform the work of the striking employees.

Enforcement and Penalties: The bylaw includes enforcement mechanisms and penalties for violations. Employers found in violation may face fines and other consequences.
Implications for labour relations

The ban on replacement workers in Ottawa has significant implications for labour relations in the city and potentially beyond. Here are some key points to consider:


Empowering Workers: The ban is seen as a victory for labour unions and workers’ rights advocates. It empowers workers by reducing the leverage that employers have during labour disputes. With replacement workers off the table, striking employees may have increased bargaining power.

Reducing Tensions: The use of replacement workers during strikes often leads to heightened tensions between striking workers and their employers. Banning replacement workers could contribute to a more peaceful and less confrontational labour environment.

Challenges for Employers: Employers, especially those who rely on replacement workers during strikes, may face challenges in managing labour disputes. They will need to explore alternative strategies for maintaining operations during strikes.

National Implications: While this bylaw applies only to Ottawa, it could set a precedent for other municipalities and provinces. Similar bans on replacement workers might be considered elsewhere in Canada.

Balancing Act: Labour laws are a delicate balance between workers’ rights and employers’ interests. This ban represents a shift in that balance, emphasizing the protection of workers’ rights during strikes.

The ban on replacement workers in Ottawa is a significant development in Canadian labour law. It reflects a commitment to protecting the rights of workers during labour disputes and may have broader implications for labour relations in the country. As employers and unions adapt to this new regulatory landscape, how this change will shape the future of labour disputes and negotiations in Ottawa and potentially beyond remains to be seen.

Ronald S. Minken is a senior lawyer and mediator at Minken Employment Lawyers, an employment law boutique in the Greater Toronto Area.

Raisi no-show suggests Iran irked by Turkey’s "words not action" posture on Gaza


Raisi. Did he stand up Erdogan? 
/ Nasim Online, cc-by-sa 4.0

By bne IntelIiNews 
November 28, 2023


Has Iran just issued a “Give us action, not words” rebuke to Turkey over its reaction to Israel’s onslaught on Gaza? Observers were left bewildered on November 28 when Iranian President Ebrahim Raisi was a no-show for a visit to Ankara that was personally announced earlier this month by his counterpart Recep Tayyip Erdogan.

As bne IntelliNews reported on November 2, Turkey failed to respond to a call from Tehran’s top diplomat for a ban on shipping oil to Israel. Despite the angry rhetoric and invective Erdogan hurls at the Israelis on a near daily basis, Israel continues to obtain almost 40% of its crude in the form of Azerbaijani oil shipped to the country from Turkey’s Ceyhan port. The argument that when it comes to the suffering of the Palestinians in Gaza, Erdogan appears to be rather big on words, but short on action, was further fuelled this week when the Turkey branch of the Palestinian-led Boycott, Divestment and Sanctions Movement pointed out that power plants of Turkish conglomerate Zorlu Holding meet at least 7% of Israel’s annual electricity needs.

The confusion around Raisi's visit underscores the tensions that linger between regional powers and neighbours Iran and Turkey despite their shared views on the Israel-Hamas war, AFP reported, noting that when Raisi did not show up for the billed meeting the Turkish presidency did not explain whether the visit had been cancelled or postponed.

Iran's semi-official Tasnim news agency, meanwhile, reported that Raisi's visit to Turkey had "been postponed", but provided no reason or other details.

"Iranian President Ebrahim Raisi is coming to us on the 28th of the month," Erdogan told reporters on November 11.

Turkey's state media also announced the visit and it was discussed extensively on Turkish television as late as November 27. But at the same time, it was never officially confirmed by Raisi's office.

The two presidents and the countries' top diplomats had phone conversations over the weekend focused on the Gaza war.

Erdogan has branded Israel a "terrorist state". He has also riled Israel and Western allies by calling Hamas "a liberation group" despite the brutal massacre it committed inside Israel on October 7. Some analysts, however, think Iran is sending the message that it wants Turkey to move beyond the rhetoric by cutting lucrative trade and energy ties with Israel.

"Iran expects Turkey to end its direct and indirect trade with Israel," Istanbul's Centre for Iranian Studies director Hakki Uygur told AFP.

"Turkey, on the other hand, has taken an attitude that cares about separating political and commercial issues."

Erdogan tells UN chief that Israel must face international courts over Gaza crimes

November 28, 2023

The United Nations Secretary-General Antonio Guterres on November 6, 2023
[Fatih Aktaş/Anadolu Agency]


Turkish President Recep Tayyip Erdogan told UN Secretary-General Antonio Guterres today that Israel must be held accountable in international courts for the war crimes it has committed in Gaza, Reuters has reported.

According to the Turkish presidency, in a phone call ahead of a UN Security Council meeting on Gaza planned for Wednesday, Erdogan told Guterres that, “Israel continues to trample shamelessly on international law, the laws of war and international humanitarian law by looking in the eyes of the international community.”

Israel launched an air and ground offensive against the Palestinians in Gaza after the Islamic Resistance Movement, Hamas, led an attack on Israeli army barracks and settlements in the vicinity of Gaza on 7 October. The resistance fighters crossed the nominal border into the occupation state and took around 240 hostages. Since then, it has been revealed by Haaretz that helicopter gunships and tanks of the Israel Defence Forces had in fact killed many of the 1,200 soldiers and civilians alleged by Israel to have been killed by Hamas.

The apartheid occupation state has since killed more than 15,000 Palestinians in Gaza, 6,150 of whom were children, and 4,000 of whom were women. More than 36,000 people have been wounded by the Israeli offensive, and at least 7,000 are thought to be buried under the rubble of their homes destroyed by Israeli bombs.

Turkish Foreign Minister Hakan Fidan, part of a “contact group” of Muslim countries that has been holding talks with Western leaders over Gaza, will attend the meeting in New York on Wednesday, his ministry said earlier today.
One year after protests shook China, participants ponder the meaning of the brief flare of defiance


Protesters hold up blank pieces of paper and chant slogans as they march to protest strict anti-virus measures in Beijing, Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo/Ng Han Guan, File)

Chinese policemen pin down a protester and covered his mouth during a protest on a street in Shanghai, China on Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo, File)

A protester resist as he is taken away by policemen from a street in Shanghai, China on Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo, File)

In this photo released by Yicheng Huang, Yicheng Huang poses for a photo in Shanghai, on Sept. 22, 2022. Yicheng Huang, a Ph.D. student, was one of thousands who protested in last year’s demonstration against China’s harsh “zero COVID” policy and has since fled to Germany, dissatisfied with the government’s handling of the pandemic. (Yicheng Huang via AP)


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Protesters hold up blank pieces of paper and chant slogans as they march to protest strict anti-virus measures in Beijing, Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo/Ng Han Guan)

Protesters hold up blank pieces of paper and chant slogans as they march to protest strict anti-virus measures in Beijing, Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo/Ng Han Guan)Read More

BY HUIZHONG WU AND DAKE KANG
November 27, 2023

BEIJING (AP) — A year ago, Li Houchen was on the streets of Shanghai, hollering “Freedom!” to protest China’s harsh “zero COVID” policy and growing authoritarianism.

He was one of thousands of people demonstrating across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls.

Yet one year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and abruptly lifting COVID-19 controls


The protests were a brief flare of defiance, the most direct challenge to the Communist Party’s authority in decades. For the young people who took part, it was their first protest. Now, many of them are pondering what’s next.

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Today, Li lives in Tokyo, fulfilling a vow to himself to leave his homeland and go into exile to document the tumultuous events in China last year. He’s written a 448-page book, “Records of the Plague Year: From The Shanghai Lockdown to the White Paper Revolution,” hoping to fill in the blanks of state censorship.

“People in China easily forget,” Li said. “In China, you’re not allowed to remember.”
___

Li, 37, and others of his generation grew up at the height of China’s reform and opening period, when the economy soared and internet chatrooms teemed with critical discussion.

But after hard-line leader Xi Jinping came to power in 2012, things changed, Li said. Lawyers and intellectuals were arrested, critical voices silenced, and the internet, once free, filled with nationalist propaganda instead.

Xi’s crackdown “was a betrayal” for liberals like him, Li said. Xi broke the unspoken compact many thought the government had with its people — that it would bring prosperity and openness, as long as they didn’t touch politics.

When the coronavirus began sweeping the world, Xi’s tough new approach to governance won support among many in China. For two years, measures like mandatory testing and mass quarantines succeeded in keeping the virus at bay even as it ravaged other countries.

But last year, the virus grew milder but more infectious, making it less dangerous but tough to keep under control. Beijing stuck stubbornly to its zero-COVID controls, resorting to draconian lockdowns to keep the virus from spreading.

A turning point came when the virus spread in Shanghai and the government put the city under lockdown. For two months, residents were trapped in their homes. Some went hungry, while others were grabbed by police and forced into centralized quarantine centers with thousands of others.

Shanghai was just one of many cities put under brutal lockdowns. But as the most developed and cosmopolitan city in China, its suffering came as an intense shock to its residents, drawing global attention.

It set the stage for the White Paper protests, which started with a deadly apartment fire in Urumq i in China’s northwest Xinjiang region. Many questioned whether those who burned to death couldn’t escape because they were locked in their homes — one of the tactics authorities used to stem the spread of the virus.

Anger flared. United in their frustration with COVID-19 controls, people hit the streets of Urumqi, and students across the country held memorials to mourn the fire’s 10 or more victims.

As hundreds crowded one memorial in Shanghai, mourners tussled with police. Then some shouted slogans, escalating until the crowd began chanting: “Xi Jinping! Step down! CCP! Step down!”

Videos of the protest spread online, electrifying those unhappy with the state’s control. The next day, thousands gathered in Shanghai and over a dozen other cities across China, holding up sheets of paper, shouting slogans and jostling with officers.

Li was among them, tears streaming down his face.

“This was the first street protest for my generation,” Li said. “Not in any sense did I expect something like this to happen in China.”

Yicheng Huang, a Ph.D. student, was at the same protest that Sunday. He warned others around him to stand closer to the back to avoid police attention. “I was being very careful that day,” he said.

His caution proved futile as police swept through the crowd. Police dragged him away upside down, he said, scraping his face and jaw, and shoved him into a bus. When a police officer was busy hitting another protester, he seized his chance and escaped.

“Sometimes it doesn’t feel real,” he said. “It was a little like dreaming.”

The protesters were scattered, scared, and easily dispersed. Under Xi, the space for civil society has vanished, and pervasive digital surveillance has kept dissent under tight control.
___

The government moved swiftly to quell discontent. Days after the protests, Beijing announced it was dropping many measures against the virus — a victory for the protesters.

But then came the crackdown. In cities across the country, police opened investigations into those who had participated. Protesters were hauled in for questioning, police knocked on doors of relatives, and some were detained weeks or months after the brief flare of anger.

Even now, one year after the protests, authorities continue harassing participants and their families, according to six people who spoke with AP.

Huang, the arrested student who escaped, made it to safety in Germany after the protests. But after a media interview, his mother was taken for interrogation.

Despite the risks, he continues to speak out. He said he wants everyone to remember, not just the protests but all the things that happened throughout the pandemic leading up to the fateful weekend.

“The entire zero-COVID policy, from Li Wenliang to the Huanan Seafood market, 2021, 2022…to the White Paper Movement, to this sudden opening, the fact that an entire society can collectively forget this,” Huang said. “A country like this is terrifying.”

One young man, who asked to be identified by his online persona QiangGuoFanzei to avoid further government retribution, said his father was visited twice by authorities in China this year, long after he stood in front of San Francisco’s Chinese Consulate last November and shouted “Xi Jinping, step down!” Out of fear, he cut off contact with his father and doesn’t plan to return to China, he said.

A graduate student in the U.S. who asked to be identified by his last name, Lau, because of fear of harassment by Chinese nationalists, said he was taken by police for interrogation twice when he visited his relatives in July this year in China. Officers took him to a hotel and grilled him past sunset about his participation in political events and discussions online, he said.

Zhang Junjie, a 19-year-old freshman at Central University of Finance and Economics in Beijing, photographed himself holding up a blank sheet of paper in a solo protest.

His school forced him to sign a waiver claiming he was ill, then called his father to take him home. Back home, Zhang was institutionalized, confined to a mental hospital for weeks at a time. Eventually, he fled to New Zealand and has vowed never to come back.
___

The rare burst of nationwide protests did not transform into lasting political change. Though Beijing dropped COVID-19 controls, Xi only strengthened his grip on power.

After China reopened, the government declared victory over the virus. The protesters scattered, many abroad. Others have fallen silent. Today, few want to speak of the past.

Li, the podcaster in Tokyo, said he is “a little disappointed” that the protests petered out. After he started sharing his book on the protests, many asked, “Why are you bringing this up again? It’s nonsense to bring up these memories.”

But Li spent a year pondering the meaning of the protests, and he believes they were a watershed.

No, China wasn’t about to succumb to revolution. Yes, much of the country wants to forget.

But for many, zero-COVID, the protests, and the chaotic exit from virus controls that followed, shattered the illusion of state competence and China’s unstoppable rise.

“It broke the narrative that China would become the new superpower and beat the U.S.,” Li said. “It ended the Chinese dream.”
Shein’s IPO raises fresh questions on alleged forced labour in its supply chain

A Shein logo is pictured at the company's office in Singapore, 
Oct 18, 2022. (File photo: REUTERS/Chen Lin)

29 Nov 2023

NEW YORK: As China-founded e-commerce behemoth Shein moves to list in New York, US lawmakers are again calling on it to prove that forced labour is not used to make its US$5 T-shirts and US$10 sweaters.

Shein confidentially filed for an initial public offering on Monday (Nov 27) and could launch sales of its shares sometime in 2024. The Singapore-based company has not determined the size of the deal or the valuation at IPO. Bloomberg reported earlier this month that it targeted up to US$90 billion in the float.

Founded in 2012, Shein has been eyeing a US IPO for at least three years but has been deterred by headwinds that included tensions between Beijing and Washington.

The online fast-fashion retailer, which manufactures most of its merchandise in China, faces criticism that Uyghur forced labour is used to make its low-priced apparel and home goods.

Critics are concerned that Shein may use contract manufacturers in China's Xinjiang region, where advocates and governments have accused China of interning Uyghurs and other largely Muslim minority groups. Beijing denies any abuses.

Convincing regulators that its supply chain is clean will likely be a major regulatory hurdle as Shein works to convince the US Securities and Exchange Commission that its shares should be traded publicly.

“If the fast-fashion giant Shein wants to go public in the US, they should have to prove to American consumers that their products are not sourced from forced labour,” Democratic Representative Jennifer Wexton said in a statement on Tuesday.

Earlier this year, the congresswoman led a bipartisan call for the SEC to halt Shein’s IPO until it verifies that the company does not use forced labour within its supply chain.

A separate group of Republican attorneys general from 16 US states has also asked the SEC to audit the company, and Shein has been investigated by two separate Congressional committees over its sourcing and use of a trade loophole that allows most of its products to enter the US duty-free.

Shein did not immediately respond to a request for comment, but the company has previously told Reuters it has “zero tolerance for forced labour” and has no contract manufacturers in Xinjiang.

A spokesperson for the SEC said the agency does not comment on any individual entity’s filings.

Megan Penick, a public securities lawyer at Michelman & Robinson, said it is unlikely to see a "direct block" from the SEC, but the agency could make the process difficult for Shein by making "the disclosure requirements so detailed, and, perhaps extreme, that it makes it seem ... trying to go public cannot be achieved


"There may be issues with the forced labour allegations and the IP (intellectual property) issues that may make it hard for (Shein) to be able to answer the questions to the satisfaction of the SEC," Penick said.

Related:

Cheap clothes from online retailer Shein from less waste, not low wages: Firm’s sustainability chief

LOBBYING CAPITOL HILL

Public disclosures show that Shein has spent US$1.28 million on Capitol Hill lobbying this year as it prepares to go public.

The company has also met privately with lawmakers, including some of its biggest critics, in an effort to shift its reputation in Washington, according to several Congressional aides.

One source familiar with the matter said that representatives for Shein emphasized the retailer’s efforts to diversify its supply chain from China to other countries, including India.

Shein also touted its efforts to bring more China-made goods to the US in bulk on traditional container ships, which requires paying tariffs on those items.

“Shein is fundamentally a Chinese company and investors should approach Chinese offerings with extreme caution. Its attempt to go public should prompt a closer look at its business practices, especially its links to slave labour and its evasion of US customs laws," Republican Senator Marco Rubio told Reuters.

"I will closely monitor Shein's disclosures in the lead-up to its IPO,” added Rubio, who in June criticized the retailer’s lobbying efforts in a letter distributed to other senators.

Republican Representative Chris Smith, chairman of the Congressional-Executive Commission on China, has also criticized Shein's lobbying efforts.

“Any investor in this company should be wary of the material risks involved in Shein’s business model ... particularly as Congress is demanding an end to forced labour and closure of import subsidies for Chinese companies,” Congressman Smith said.
INCREASED SCRUTINY

In its most recent social impact report, Shein highlighted its partnership with Oritain, a company also used by the US government to test cotton for links to China’s Xinjiang region. Shein previously told Reuters that it tests samples from every third-party cotton mill the company works with, and that it conducted 2,111 tests between Jun 1, 2022 and Jul 11, 2023.

Critics, however, say that the testing does not adequately screen the millions of garments exported globally by Shein every year.

Public securities lawyer Penick said that the SEC's handling of Shein's IPO will be crucial for other e-commerce players including ByteDance's TikTok and PDD Group's Temu, which may consider going public in the US in the future.

Shein's IPO is "going to be raising issues (for the SEC) that may later be applied across the board to all China-based or China-related companies that are going public", Penick said.