Friday, June 19, 2020

RAILROADS
Employee Headcount at US Class 1 Operations Tumbles 17% in May


FreightWaves June 19, 2020


Rail employment in the U.S. Class I operations fell below 120,000 workers in May, reaching a new low as the railroads trimmed their workforce levels to match the steep declines in rail volumes.

May's overall headcount among the U.S.operations of the Class I railroads totaled 118,880, a 16.9% drop from May 2019 and a nearly 4.5% decline from April 2020, according to freight rail data submitted to the Surface Transportation Board (STB). The total is the lowest since at least January 2012, which is the earliest date that FreightWaves has data available.

Of May's total, headcount levels within the train and engine crew category, which tends to be more sensitive to demand for freight rail service, totaled 43,660, a whopping 25.7% decrease from 60,256 in May 2019 and a 10.3% decline from April 2020.


Data from the U.S. Bureau of Labor Statistics also show the precipitous drop in rail headcount. The totals in the SONAR chart below reflect rail headcount for both freight and passenger rail.

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U.S. rail headcount levels for passenger and freight rail over the past year. The data is from the U.S. Bureau of Labor Statistics. (SONAR)

The COVID-19 pandemic contributed to the headcount declines, with sheltering-in-place mandates in April and May slashing rail volumes as citizens stayed at home. As a result, the Class I railroads sought to scale down operations to match lower demand through actions such as implementing fewer train starts and temporarily shutting down facilities with lower traffic.

Although rail volumes appear to have started to recover in recent weeks, a number of the railroads are mulling over to what degree they resume rail operations, particularly for facilities where traffic might've been historically lighter or where there might be perceived inefficiencies.

Should the railroads decide to keep some aspect of their pared-down operations, it could alter headcount levels even further in 2020. Additionally, the pace of how the Class I railroads call back furloughed employees is also likely to affect headcount totals over the coming year.

The uncertainty of how much further freight rail headcount levels could fall comes as some railroads recently announced plans to reorganize their operations partly because of precision scheduled railroading and also because the drop in rail volumes accelerated plans to curtail operations at some locations.

For instance, CSX CSX 1.93% said last week that it was folding its safety and facilities groups into the operations group later this summer – concurrent with the retirement of the head of those groups.

The reorganization comes as CSX terminated 86 employees, each of whom has been offered a severance package and other support to help with their transition, according to the company.

"Last week CSX announced the realignment of responsibilities to better reflect our business needs and to be more productive and efficient. The changes followed a careful review of our management organization that considered what work we should be focused on and whether that work resides in the right place in the organization," CSX said. "The synergies achieved through these realignments unfortunately resulted in the reduction of some management positions across the company."

Meanwhile, Norfolk Southern NSC 2.47% also said last week it would furlough some employees as a result of idling the Bellevue (Ohio) hump yard and transitioning to flat switching there.

Norfolk Southern (NS) said the idling of the yard and the new focus on flat switching "will allow for greater efficiencies and customer service" as NS rolls out its strategic operations plans. The business disruptions from the COVID-19 pandemic also accelerated the need to compensate for lower car volumes, NS said.

(Click here for more FreightWaves articles by Joanna Marsh)
Texas Supreme Court Rules Against Family in 'Overworked' Truck Driver Death

FreightWaves June 19, 2020


Despite testimony that an oilfield carrier pushed truck drivers to work more than 100 hours per week and ignore federal hours-of-service regulations, the Texas Supreme Court has ruled that the family of an "overworked" truck driver killed in a rollover crash can't file a wrongful death lawsuit against the carrier because they couldn't prove the company "intended" for him to die in a crash.

Instead, the court ruled that the family of Fabian Escobedo, who worked for Mo-Vac Service Co. in its Dilly, Texas, terminal for 12 years, could only collect workers' compensation in the crash that resulted in his death.

While Texas law allows spouses and children to recover exemplary damages under the state's Workers' Compensation Act, the attorney representing Escobedo's family, Armando P. Duran, said the law doesn't apply because Escobedo didn't have a spouse or children, which he said: "must be changed."

However, Justice Eva Guzman wrote in her opinion that the Texas legislature should align the Workers' Compensation Act with Texas' wrongful death statute to allow parents to sue.

According to Duran, the Texas Supreme Court should be "ashamed of the decision" it reached in this case.

What happened?

On May 30, 2012, Escobedo was driving a 2007 Mack truck, pulling a 1985 Reynolds tank trailer for Mo-Vac, when he veered off the road, rolled, and died of positional asphyxiation.

Urbano Garza, Mo-Vac manager from 2008 to 2012, testified that he was told by management to instruct his 30-plus truck drivers, including Escobedo, to drive past their legal driving limits to "make money" for the company.

"From what I observed, Mr. Escobedo's death was caused by greed," Garza said in his testimony.

Garza also stated that the truck drivers for Mo-Vac were ordered to work at least 100 hours per week and sometimes worked 19-24 hours straight for the oilfield carrier.

However, only a surviving spouse or heir is allowed to file for exemplary damages under Texas law. In a civil trial, exemplary damages are awarded as a way to punish a defendant for gross negligence or severe misconduct, according to Texas law.

"A hardworking Texan died alone on the side of a highway in a foreseeable accident that likely would not have occurred but for his employer's intentional disregard of laws enacted to protect workers and the public," Guzman said. "Though precedent compels me to concur in the court's conclusion that the Texas Workers' Compensation Act provides the exclusive remedy for the Escobedo family's heart-wrenching loss, I write separately to urge the Legislature to align the Act with Texas's wrongful-death statute by extending the Act's exemplary damages exception to parents who have lost a child, like the Escobedo fami
RADIO BLASTS WITH 'REGULAR RHYTHMS' AND UNKNOWN ORIGIN COMING FROM SPACE, SCIENTISTS SAY

New detections represent the 'the most definitive pattern we’ve seen from one of these sources', according to researchers


CHIME Collaboration

Researchers have picked up strange, repeating rhythms in blasts of energy coming from an unknown source in space.

The blasts are known as fast radio bursts, or FRBs, and are coming to Earth in a stable, repeating pattern, according to a new paper detailing the discovery.

Researchers still do not know the source of those bursts. Though they must come from some very extreme, intense part of the universe, there is no way of knowing what process gives rise to them.

The first FRB was picked up in 2007 and scientists have gone on to find more than 100 since. Initially, they were detected only as individual blasts, but in recent times researchers have found repeating sources.

Now astronomers have started to find bursts repeating in a pattern, where they seem to switch off and on in a predictable pattern.
Read more
Scientists find exact location of radio blasts coming from space

The latest discovery sends out random bursts of radio waves over a four-day window, and then goes quiet for 12 days, before beginning again.

Researchers watched the bursts for more than 500 days, noting that the 16-day pattern occurred consistently over that time, making it the most definitive pattern yet seen.

“This FRB we’re reporting now is like clockwork,” says Kiyoshi Masui, assistant professor of physics in MIT’s Kavli Institute for Astrophysics and Space Research.

“It’s the most definitive pattern we’ve seen from one of these sources. And it’s a big clue that we can use to start hunting down the physics of what’s causing these bright flashes, which nobody really understands.”

The discovery is reported in a new article, titled 'Periodic activity from a fast radio burst source', published in Nature today.

The latest FRBs were picked up by CHIME, a radio telescope in British Columbia that began its work in 2017. Since then, it quickly started picking up FRBs, using a technique that allows it to stare at the entire sky rather than moving around if and when any burst is detected.

The repeating nature of the burst could give new insight into where they are coming from.

Possibilities include one single object such as a neutron star that is spinning and wobbling in space. That could explain the pattern to the blasts, since the 16-day period may be the time it takes for the object to spin around, with the four days of activity the ones in which it is pointing towards us.
STATE CAPITALISM AMERICAN STYLE
Austin area may offer $68 million in tax breaks for potential Tesla plant
Austin competing with Tulsa for site of Cybertruck factory

Published: June 18, 2020 By Associated Press

Tesla has not said when it will announce its decision. BLOOMBERG NEWS

AUSTIN, Texas — An Austin-area school district is considering offering more than $60 million in tax incentives to attract a proposed Tesla “gigafactory” to Central Texas, Tesla TSLA, -0.60% revealed Thursday.

The Del Valle Independent School District proposal was made public in a Tesla tax application filed Thursday with the Texas comptroller’s office. The proposal would offer Tesla $68 million in property tax breaks over 10 years to put its new plant on a 2,100-acre site off Texas 130 just north of the Colorado River on the southeastern outskirts of Austin. Travis County commissioners are considering a separate tax incentive package.

The comptroller’s documents state the real value of the property would average about $600 million per year. Without the Del Valle district incentives package, Tesla would have to pay almost $8 million in property taxes per year.

Austin is competing with Tulsa, Okla., to become the city that hosts the plant that builds the Cybertruck, Tesla’s planned electric pickup truck, and the Tesla Model Y sport utility vehicle. In its application with the Texas comptroller’s officer, Tesla says it is considering the Travis County site and a site or sites in Oklahoma.

The proposed plant would have 4 million to 5 million square feet of space and would be Tesla’s biggest so far. Tesla’s U.S. vehicle assembly factory in Fremont, California, employs 10,000 workers.

In its Thursday filing, Tesla said that if the Del Valle school board approves the incentive package and it proceeds with building on the Travis County site, construction could start in the third quarter of this year and take two to three years to complete.

Tesla has not said when it will announce its decision.


Tesla Asks Texas For Tax Incentives As It Proposes To Start Construction For New Factory By Q3

Neer Varshney , Benzinga Staff Writer June 19, 2020



Tesla Inc. TSLA 0.53% filed an application with an Austin-area school district in Travis County, Texas earlier this month asking for tax incentives to build a new factory, Bloomberg reported Thursday.


What Happened

The automaker said in the application, it has zeroed in on a 2,100 acres site, currently owned by Martin Marietta Materials Inc. Tesla is asking for significant tax incentives for the Texas facility to remain competitive with another site the Palo Alto-based company is considering in Tulsa, Oklahoma. If it goes ahead with the plan to build the factory at the site, Tesla expects to begin construction by the third fiscal quarter this year, investing about $1 billion at the 4 to 5 million square foot assembly facility. The automaker said in the filing that the factory would create 5,000 new jobs.

Why It Matters

Chief Executive Officer Elon Musk in March announced that Tesla was scouting for locations to build a new manufacturing facility for its recently-launched Cybertruck.

Tesla has an option to purchase this land, but has not exercised it
— Elon Musk (@elonmusk) June 18, 2020

Musk said on Thursday the company hasn't yet purchased the Texas land, and Tesla is "considering several options."
Price Action

Tesla shares closed 1.2% higher at $1,003.96 on Thursday. The shares added another 0.8% in the after-hours session at $1,011.99.

© 2020 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.

Colin Kaepernick Could Be Returning to the NFL


He hasn't played in the league since 2016.
By Christopher Luu

Quarterback Colin Kaepernick could be back on the grass when the NFL season kicks off later this year. Multiple reports state that Kaepernick is on the Los Angeles Chargers's potential workout list, which doesn't guarantee him a spot on the lineup, but does open doors for his return to the league.

Kaepernick hasn't played in the NFL since 2016, when he was on the San Francisco 49ers and started kneeling during the American national anthem as a way to peacefully protest police brutality and systemic racism. After he opted out of his contract that year — reports state that he would have been cut from the team if he didn't opt out — he sued the NFL for collusion, saying that there were plans to keep him out of the league. The case was settled last year, NBC Sports reports.


MIKE EHRMANN / STAFF


RELATED: People Are Seeking Justice for 19-Year-Old Black Lives Matter Activist Oluwatoyin “Toyin” Salau


Chargers coach Anthony Lynn told ESPN that although he has not spoken to Kaepernick directly, his style of play would fit in with the team's current system. Currently, the team has Tyrod Taylor, Justin Herbert, and Easton Stick listed as quarterbacks.


"I haven't spoken with Colin, not sure where he's at as far in his career, what he wants to do," Lynn said. "But Colin definitely fits the style of quarterback for the system that we're going to be running. I'm very confident and happy with the three quarterbacks that I have, but you can never have too many people waiting on the runway."



Roger Goodell, the NFL's commissioner, later said the NFL was wrong for "not listening to players earlier" when thy voiced concerns of racial injustice and police brutality. His statement came after some of the NFL's most notable came together and posted a video asking the league to condemn racism and support the Black Lives Matter movement. While Goodell didn't mention Kaepernick specifically in his apology, he did encourage the league's teams to consider signing him.

Just last year, Kaepernick had a workout at the Atlanta Falcons's facility, though nothing came of it after media wasn't allowed into the session and the league insisted on a "liability waiver" to be attached to Kaepernick's contract. Seattle Seahawks coach Pete Carroll told ESPN last week that he regrets not signing Kaepernick back in 2017. Statements from coaches may provide the league with some sympathy from fans, but Kaepernick is still waiting for real action.

"I've been ready for three years, and I've been denied for three years," Kaepernick told reporters in November. "We all know why I came out here and showed it today in front of everybody — we have nothing to hide. So we're waiting for the 32 owners, the 32 teams, Roger Goodell, all of them to stop running. Stop running from the truth, stop running from the people."

Kaepernick's protest has been top of mind for many people during the Black Lives Matter protests following the death of George Floyd. Many players and executives who, at the time, turned their backs on him now seem to understand what he was doing. The message was the same in 2016 as it is now, but as pressure mounts, public statements of support seem to be coming from all over the league.


Other sports players did follow in Kaepernick's footsteps at the time, including USA soccer champion Megan Rapinoe. Just this week, FIFA said that they would allow players to take a knee during the National Anthem without penalty. Donald Trump responded how he always has in the past writing on Twitter saying he "wouldn't be watching," now that it's allowed.


RELATED: An Explicit Guide to Being Anti-Racist


The change of heart around Kaepernick should serve as a reminder that Black people have been fighting to end systemic racism forever and their voices have been silenced. His protest was meaningful and it will forever be looked at as a historical moment. Whether or not he comes back to the NFL, these leagues need to listen to the Black players, period.

More than 300 Red Bull employees signed a letter expressing 'concern' about the company's response to Black Lives Matter and asking for 'internal action.' Read their note to executives.

Patrick Coffee BI 6/19/2020
Hip-hop group Naughty by Nature promoting Red Bull's BC One breakdancing competition in 2017. Dean Treml/Red Bull via Getty Images

A letter sent to Red Bull leadership on June 1 and signed by more than 300 employees criticized the company's "public silence" on the Black Lives Matter movement.

The letter titled "Representation Matters at Red Bull" asked the company to go further in recognizing the Black Lives Matter movement and have a conversation about race.
An internal memo from Red Bull's head of communications said the company "stands directly and actively against racism."

Many companies have made statements of solidarity with the Black Lives Matter movement and are being held accountable for their records of diversity and inclusion.



More than 300 Red Bull employees signed a June 1 letter titled "Representation Matters at Red Bull" asking the company to go further in recognizing the Black Lives Matter movement and have a conversation about race.

The letter from employees was sent to North American CEO Stefan Kozak and president and CMO Amy Taylor. It expressed concern about Red Bull's "public silence" regarding the protests and a May 31 staff email that was reviewed by Business Insider and referred to "tremendous heartbreak, pain, and anger across our country" and announced a pause in company meetings and social media activity but did not include the word "Black" or mention George Floyd.

The employees' letter said that Red Bull has drawn heavily from various aspects of Black culture, including hip-hop, breakdancing, and basketball, to promote its products.

"As we say nothing, we are abandoning the communities we claim to support and foster in their time of greatest need," the letter read. "Absence during a time that demands action, reveals purported support as nothing more than exploitation."

The developments come as many companies have made statements of solidarity with the Black Lives Matter movement and are being held accountable for their records of diversity and inclusion.
The company later mentioned Floyd and said Red Bull stood against racism

On June 2, staff received another email written by Kozak that mentioned "the murder of George Floyd and countless others."

Regarding "the current uprising," Kozak wrote, "I share these views and I applaud those who peacefully and courageously have made their voices heard."

Then on June 14, Red Bull's head of communications, Carly Loder, sent an internal memo saying the company stood against racism but did not state that it would publicly support the movement.

"I'm not American. I'm not Black. I cannot even begin to understand for one moment what the last few weeks has been like for our team," Loder wrote. "I want you to know where I personally stand — Black Lives Matter."

The memo then summarized the company's talking points to use with business partners, writing that Red Bull "stands directly and actively against racism" and "supports the Black community and the movement" and that Red Bull "will reinforce Black representation in everything we do" and "direct resources to the efforts of existing and new partners focused on equality in cities across the US."

It stated that executives understood why staff were frustrated with the delayed response and promised "action in short term solutions for Black representation in our organization and in the stories and content we amplify in the market."

The employee letter and staff memos were provided to Business Insider by a Red Bull employee who is known to Business Insider but requested anonymity because they are not authorized to discuss the matter.

Loder declined to comment beyond the June 14 memo.

Joel "Teknyc" Martinez, a b-boy and graffiti artist who has participated in Red Bull's BC One breakdancing competition, told Business Insider he was upset by a #BlackoutTuesday post that Red Bull shared June 2. He asked the brand on Instagram why it didn't use the phrase "Black Lives Matter" since breakdancing is central to Black and Latino culture.

"This is a paradigm shift. All people wanting a better world is what the protests are about," he said. "Why would Red Bull not stand behind that?"

Below is the full letter that employees sent leadership:


Dear Stefan and Amy,

As protests spread across our nation demanding justice for George Floyd and equal rights and treatment for Black people, the silence from Red Bull has been distressing and heard profoundly. As we scroll through social media feeds filled with brands making posts in solidarity, donating to worthy causes, and committing to looking inward to tackle racism, we wonder when we will be able to feel proud that our company is taking those same steps.

While the cancellation of meetings on Monday and Tuesday to allow for headspace is appreciated, we would like to express concern regarding the internal email that was sent and our public silence thus far. In the email, the word Black was not mentioned once. This is not a vague issue that we can accept being danced around or alluded to. Black people in this country have been traumatized day in and day out, for their entire lives, and this is nothing that should be obscured.

Furthermore, we hoped to see the organization more urgently expressing steps towards real change now instead of simply allowing for individual space. There are many of us who are active, ready, and willing to participate and make change now, today. Instead of simply canceling our normal meetings, could we replace them with available forums to educate employees, learn about allyship, and discuss how we, as a company, can be better when it comes to issues of race? It is crucial now that we ask the right questions and look to our community here, at Red Bull, for the best ways to support each other - rather than retreat into silence, leaving us two days to think alone about these things that profoundly affect our Black neighbors. We believe that as a company we need to do better to our Black counterparts and community, through investing in internal action to catalyze change from the inside out. Unlearning must be part of the process and contributes to ending racism by investing in educational tools and creating new spaces for everyone to be seen and heard.

It is undeniable that many of the spaces Red Bull exists in and prioritizes, like hip-hop, dance, basketball, and electronic music, are born out of Black communities and Black culture. We absolutely cannot continue in these spaces, or continue to profess celebration of Black culture, if we have no intention of supporting the Black community while they are being treated unjustly and murdered in our streets. As we say nothing, we are abandoning the communities we claim to support and foster in their time of greatest need. Absence during a time that demands action, reveals purported support as nothing more than exploitation.

We believe that Red Bull is a company based on values and fulfilled promises, with a legacy of giving wings and supporting niche and underrepresented communities over many years. Hosting incredible music festivals and dropping athletes from space is part of our aspirational brand, but so should be doing the right thing: Standing up for Black employees, Black communities, and all Black people when they need it most. This is not an unexpected position, in fact, it is what our consumers, our partners, and the people we have built our reputation on, demand. We are watching in real-time as people everywhere notice, track, and share which brands are standing up for what is right, while exposing those who abstain. If we truly aim to be the most aspirational brand, perhaps we should aspire to something greater than silence.

We want to hear from you regarding possible next steps. Taking action, openly and loudly, is a signal to employees of the company's commitment - with accountability, beyond lip service – to upholding their safety at work and their right to exist in the world, free of racism. We want to know what will be done internally, and what Red Bull's public stance and action will be on the issue. This is not something that can wait. We believe in the values that Red Bull represents. We are available to participate in any discourse necessary to ensure we take meaningful action in the fight to end racial injustice.
Liberal group cancels event with Hong Kong activist following internal 'concerns' and external criticism from pro-China pundits

Charles Davis Business Insider•June 18, 2020
A protester (C) holds a photo of George Floyd while pro-democracy activist Leung Kwok-hung (R), also known as Long Hair, holds a Black Lives Matter sign outside the US consulate during a demonstration against racism and police brutality in Hong Kong on June 7, 2020, following the death of George Floyd on May 25, 2020, while being arrested in Minneapolis, Minnesota. ISAAC LAWRENCE/AFP via Getty Images

The Sunrise Movement, a youth-led activist group that pushes for action on climate change, canceled an event on police brutality after some criticized the involvement of a progressive Hong Kong activist.

"People inside and outside of the movement raised concerns about this call," Stevie O'Hanlon, a spokesperson for the Sunrise Movement, told Business Insider.

On social media, critics of the event accused the Sunrise Movement of pushing anti-China propaganda, with many confusing the activist with others in Hong Kong who have met with US politicians.

"The cancellation of the event suggests to Hong Kong activists that, regardless of how hard they work to educate potential allies abroad about the movement, their effort can easily be erased by a distraction generated by white conspiracy theorists," Shui-yin Sharon Yam, a professor at the University of Kentucky, told Business Insider.


A liberal activist group in the United States canceled an event with a progressive Hong Kong activist, following "concerns" raised by its members and social media backlash from pro-China critics over their participation in a call about police brutality and international solidarity with the Black Lives Matter movement.

On Tuesday, the Sunrise Movement, a youth-led activist group that pushes for aggressive action on climate change, announced it would be hosting a call with someone well-versed in dealing with aggressive law enforcement.

"Lessons From Hong Kong: Taking Action in the Uprisings for Black Lives," the event was called, featuring testimony from progressive Hong Kong activist Johnson Yeung on "tactics for taking action."

By Wednesday, the event was canceled, and the post advertising it deleted, following a firestorm of criticism from self-styled communists on Twitter.

"People inside and outside of the movement raised concerns about this call," Stevie O'Hanlon, a spokesperson for the Sunrise Movement, told Business Insider. "This is a complex issue and we're just days away from what could be the largest mobilization for racial justice ever, so we canceled the call to allow our movement to stay 100% focused on showing up this weekend for Black lives."

O'Hanlon said the event could ultimately be rescheduled. But the group would not identify the concerns that led to its cancellation in the first place.

The ostensible concerns, as stated by critics on Twitter, were not subtle: the Sunrise Movement was promoting a US policy of "regime change," and activists in Hong Kong were portrayed as a politically monolithic pawn of Washington in their efforts to preserve the Chinese territory's last vestiges of self-government.

While many Americans, including US lawmakers, oppose China's efforts to consolidate control over Hong Kong, its most visibly capitalist asset, a tiny but vocal on social media fringe of the US left has adopted the sloganeering of Beijing, casting Hong Kong's protests as little more than the destabilizing antics of US-backed reactionaries, even as US-made tear gas is deployed against those in the streets in Hong Kong just as in Minneapolis.

China, which earlier this month was caught operating a major influence operation on Twitter, is an active participant.

When Sunrise Movement announced its event, a writer for China Daily, an English-language periodical owned by the Communist Party, eagerly jumped into the pile on, arguing that Hong Kong protesters "have shut down a BLM event" and "proudly accept and encourage support form the same politicians now egging on US police."

Many appeared to confuse the activist in question with others from Hong Kong who have met with US politicians. "Regime change operative cockroaches," said one user, responding to a tweet from the Sunrise Movement by sharing a photo of two activists from Hong Kong, neither of whom were Johnson Yeung.
—Johnson Yeung 楊政賢😷 (@hkjohnsonyeung) June 17, 2020

Some right-wing US politicians have indeed lent support to the protests in Hong Kong, and met with some activists from the city of 7.5 million, despite defending police tactics at home. Such is international politics, where hypocrisy — condemning state repression in Hong Kong or the US, but not both — is the norm.

China, home to the largest share of the globe's wealthiest people, also faces a good deal of criticism from the left, at home, and elsewhere, over its efforts to pair authoritarianism with free markets in the international financial hub of Hong Kong.

But despite the concerns expressed by some of Sunrise Movement's members and critics, many see a connection between police brutality at home and abroad.

Shui-yin Sharon Yam, a professor at the University of Kentucky, has written about the street battles in Hong Kong and Minneapolis as like-minded struggles against capitalist authoritarianism, arguing that those involved in Black Lives Matter can learn from progressives abroad.

"While these two social movements stem from distinct cultural and historical contexts and unique circumstances of oppression," she previously wrote, "they coalesce through their shared resistance against police brutality and unchecked authority to yield force as sanctioned by the state."

Yam told Business Insider she's dismayed at the cancellation of the Sunrise Movement event, arguing that it points to the strength of "disinformation and smearing campaigns" led by blogs such as the Grayzone, a website that traffics in state-sponsored character assassination and is oft-cited by critics of social movements outside the US.
Protesters hold Black Lives Matter signs outside the US consulate during a demonstration against racism and police brutality in Hong Kong on June 7, 2020, following the death of George Floyd on May 25, 2020, while being arrested in Minneapolis, Minnesota.ISAAC LAWRENCE/AFP via Getty Images

"The cancellation of the event suggests to Hong Kong activists that, regardless of how hard they work to educate potential allies abroad about the movement, their effort can easily be erased by a distraction generated by white conspiracy theorists," Yam said. Despite the differences, "both movements are combatting state violence and advocate for true inclusion and democracy," she added, and the canceled event "is a great example of how activists from two movements can share tactics and insights with each other."

That's a sentiment shared by writers for Lausan, an activist collective that aims to build "transnational left solidarity" by holding "multiple imperialisms to account."

"The need to center Black lives is important," one writer, Promise Li, told Business Insider.

"But Sunrise needs to understand that by explicitly canceling the event in response to far-right tankie trolls, they are actively legitimizing their demands," he said.

"Tankie" is a term that used to refer to left-wing advocates of Soviet militarism; today it typically refers to active social media users who defend the actions of any state that is nominally opposed to Washington. Li fears it's a tendency that, if catered to, will only damn future attempts at cross-border solidarity.

Solidarity, also, is a two-way street. Writing for Lausan, Li has encouraged activists in Hong Kong not to make the same mistakes as so-called "tankies" in the US.

"Hongkongers must stand with Black Lives Matter: not just because our struggles appear similar," he argued, "but because our liberation as working people in this system of global capitalism is impossible without the liberation of Black people."


#SCOTUS #LGBTQ
What to celebrate about the Supreme Court's big ruling on LGBTQ discrimination — and the unresolved office problems that continue to hurt queer and trans workers

Weng Cheong and Allana Akhtar 6/19/2020
L.G.B.T. activists and their supporters rally in support of transgender people on the steps of New York City Hall, October 24, 2018 in New York City. Drew Angerer/Getty Images

The US Supreme Court ruled in a 6-3 decision on June 15 that Title VII of the 1963 Civil Rights Act applies to LGBTQ individuals. 

But more work may still need to be done to make workplaces inclusive for LGBTQ employees. 

Business Insider spoke to labor attorneys and HR experts and reviewed research to find out how the Supreme Court decision will impact the office. 

Company leaders must rework their anti-harassment policies, expand benefit plans that cater to LGBTQ needs, and educate workers on the impact of microaggressions.


When Sophie Debs heard this week's Supreme Court ruling on LGBTQ discrimination at work, she felt conflicted.

Debs is an incoming employee at the tech company Lob, where she worked as an intern in March 2019. She's also a transgender woman. Debs isn't afraid of getting fired from her job or being discriminated against because of her gender identity, but she does have friends who have lost their jobs because they were transgender.

"I have two friends who have been fired from jobs for being trans," she said. "They came out and were fired a day later. While it does make me feel better — and I'm glad that employers know it's illegal — I don't think it provides a lot of safety for people."

On June 15, the US Supreme Court ruled in a 6-3 decision that Title VII of the 1963 Civil Rights Act applies to LGBTQ individuals. Title VII protects employees from facing discrimination from their employer on the basis of their race, color, religion, sex, and national origin.

"An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids," Trump-appointed Justice Neil Gorsuch wrote in the decision.

The landmark decision is a blow to the Trump administration, which has rolled back or rescinded at least 31 measures put in place by the Obama administration to protect Americans from discrimination, according to a 2019 ProPublica analysis.

While the decision is a step in the right direction, companies still need to be vigilant to ensure they are providing an inclusive environment for LGBTQ workers, experts told Business Insider.

For example, the law does not address bathrooms for transgender people, and it's still unclear if employers can fire an LGBTQ person for religious reasons, the Associated Press reported.

The "decision was a watershed," Kasey Suffredini, CEO of Freedom for All Americans, told The Associated Press. "But at the same time it's so basic and entry level. Now we actually get into the details into how that discrimination plays out in everyday lives."

Business Insider spoke with labor attorneys and HR experts, and reviewed research to better understand how this decision will impact the day-to-day lives of employees across the US, and what employers can do to make their offices more inclusive.
Employers should complete a comprehensive review of all policies to ensure they are not discriminatory

The first step all employers should take is to review their HR policies and handbooks to ensure compliance with the Supreme Court's decision, said Jon Nadler, a labor attorney at Eckert Seamans.

The Supreme Court decision protects job applicants and existing employees, and it covers hiring, firing, and similar actions by an employer, he said. Employers could potentially face retaliation claims and discrimination lawsuits if their anti-harassment and discrimination's policies don't include protection for LGBTQ employees, he added.

Nadler recommended that companies first read through their Equal Employment Opportunity policy (EEO), which refers to unbiased and non-discriminatory treatment of employees based on their race, ethnicity, religion, age, medical history, sex, sexual orientation, and gender identity.

"If you want to ensure compliance, the starting point and the bare minimum is to make sure that the terms 'sexual orientation' and 'gender identity' are now included as the protected classes in those anti-harassment policies," he said.

Employers should also look through their benefits policies, especially the ones regarding parental leave and anything that has a reference to someone's sex, the attorney added.

Hiring managers need to be well-informed of the Supreme Court's decision and how that will impact recruitment processes, Nadler said. Recruiters shouldn't ask candidates about their gender identity or sexual orientation during hiring and promoting because it is not relevant to hiring decisions — just like it is prohibited to judge candidates based on their race or marital status.

Train employees to recognize discrimination at work

One in two LGBTQ employees in a survey of 515 by job site Glassdoor said they have experienced or witnessed discrimination in the office.

Managers should be well informed on how to handle discrimination, Nadler said. They should also be well-versed in the prejudice LGBTQ employees face.

Transgender employees, for example, may be misgendered. During Debs' first few weeks interning at Lob, she proposed that the company let employees use self-identified pronouns.

"I was misgendered occasionally," she said. "I wanted to educate people at the company on why this is important, and how we can respect people by letting them choose their own pronouns."

Misgendering means using the wrong pronouns to refer to someone's gender, and it's more prevalent for trans and nonbinary workers.

For example, if someone comes out as nonbinary and uses "they" and "them" pronouns, it is incorrect to use the pronouns "she" or "he."

It took Lob a month to roll out this plan. Within that time, the company put a personal pronoun field in job applications, encouraged employees to note their he, she, or gender-neutral pronouns in email signatures and other communication platforms, and reached out to stakeholders about this plan. 

Offer employee benefits specific to LGBTQ health needs

Part of making workplaces inclusive to LGBTQ people is offering paid benefits many of them may need.

Healthcare benefits are another key element employers must assess to make policies that are supportive of LGBTQ workers, who often have difficulty accessing medical care.

Employers should check if their health plans cover gender reassignment surgery and fertility services. They can also offer adoption assistance benefits. Many health plans still exclude "services related to sex change" or "sex reassignment surgery" and coverage typically varies by state, according to US Department of Health and Human Services.

Companies could also consider offering care coordinators and social workers to help LGBTQ employees navigate the health system. For example, startup Included Health works with employers to provide these services to LGBTQ workers.

Even if employers do offer these benefits, they are typically only provided to full-time employees. Companies should consider offering these benefits to their growing contract workforces as well. 

Educate employees on microaggressions

Microaggressions, or the actions and remarks that perpetuate stereotypes towards marginalized groups, is another form of discrimination.

Bringing up your queer uncle every time you're around an LGBTQ colleague, or telling someone you "would have never known you were transgender" may be well-intentioned, but these comments can be hurtful or insensitive.

Listen to and read LGBTQ leaders on what comments are hurtful toward them to educate yourself on how to be a better ally.

If managers, or employees, hear another coworker make an insensitive comment, they should speak out and address it in a calm, helpful manner.

It's also key to provide employees with safe spaces to discuss how they're feeling. Debs stressed that it's crucial for companies to have employee resource groups where everyone can be open and honest about the issues in the workplace.

"A company's managers can read a million different articles about what to do, but they won't be able to build a fully welcoming and supportive environment without actively creating a space that welcomes the input of marginalized people in the office," she said.

RIP 

When Dame Vera Lynn said 'we'll meet again' to me – the incredible enduring appeal of a British wartime legend




British singer Dame Vera Lynn popularised the song We’ll Meet Again during the second world war. ANDY RAIN/EPA
Kate McLoughlin, University of Oxford
“We will meet again,” the Queen declared in an April 5 Coronavirus address the UK. Suddenly, a line the British people indelibly associate with the second world war was in the news again. The monarch’s reassurance to people separated from loved ones by lockdown struck a chord.
The phrase will reverberate again in the UK on the 75th anniversary of VE Day, when the country marks the end of the conflict. After the Queen makes another address at 9pm, Britons will be invited to sing We’ll Meet Again, the song made famous by the original “Forces’ Sweetheart”, Dame Vera Lynn, who is now 103 years old.
In August 2005, I interviewed Dame Vera. As a university lecturer specialising in war literature, I was fascinated by the way that she was relentlessly dragged back to the past (the second world war) and under equally relentless demand to sing a song about the future. A courteous handwritten reply came back to my request for an interview, inviting me to her home in Ditchling, East Sussex. As I drove, the weather was bright and I smiled to myself at the thought that I was going to meet Dame Vera on a “sunny day”.
Born in 1917, Vera Lynn began singing at the age of seven in the clubs of east London. She grew from child star to professional crooner, featuring on records with dance-band leaders Joe Loss and Charlie Kunz and making her first radio broadcast in 1935. In 1937 she became a vocalist with British bandleader Bert Ambrose and his orchestra. By 1939, Lynn was a well-known stage and radio performer on the verge of a solo career. It was then that she came across the song that was to make her a national icon.

Forging the connection

Lynn discovered We’ll Meet Again in the autumn of 1939. It was the work of the well-established London-based songwriters Ross Parker and Hugh Charles, with Charles providing the lyrics for Parker’s melody. Lynn first sang it (along with You Can’t Black Out The Moon) that autumn on tour with the Ambrose Orchestra.




Though today We’ll Meet Again is inseparable from the second world war in most people’s minds in the UK, it was actually Lynn who forged the connection, turning a song about absence in any situation into a classic expression of wartime optimism. Lynn was broadcast singing the song throughout the war and its message of hope and resilience lifted national morale.
As she wrote later in her 1975 memoir, Vocal Refrain: “Ordinary English people don’t, on the whole, find it easy to expose their feelings even to those closest to them.” We’ll Meet Again would go “at least a little way towards doing it for them”.
In later years, the song, with its reminders of home and exhortations of courage, has become an indispensable part of national commemorations. And, with its swooping and strangely haunting melody, it has entered into popular culture. It forms an ironic accompaniment to the explosion of atom bombs in Stanley Kubrick’s Dr. Strangelove, or How I Learned to Stop Worrying and Love the Bomb (1964); it is deployed with alienating effect in the Pink Floyd song Vera (The Wall, 1982); and it provides the eerie aural backdrop to the Tower of Terror ride in Walt Disney World, California.
But when Lynn began singing it at the age of 22, she had little idea that she would be singing it for the rest of her life.

Memories of war

On that August day in 2005 it was an 88-year-old Dame Vera Lynn who opened the door to me: elegant, striking, perfectly made up. She welcomed me warmly and went off to make tea. I sat in her large sitting-room. There were photographs everywhere, family intermingled with the great and the good. There was Dame Vera at Buckingham Palace and there she was with … was it really Bing Crosby?
Dame Vera came back with the tea and we began to talk. Knowing myself what it was like to become immersed in the second world war, I asked if she ever got tired of talking about it. Never, she replied – how could she when so many young men had given their lives in it?



Vera Lynn visiting a munitions factory in 1941. Wikimedia/Imperial War Museum

I was itching to hear her sing it, but I knew that she had stopped performing publicly and was too shy to suggest it to her. But what if I sang it to her? No singer, I launched myself into it and to my joyous amazement, she joined in.
I finished my list of questions and put my notebook away. Dame Vera sighed with relief. “Shall we have another cup of tea and now have a proper chat?” she asked. And so it was that we began to talk freely. I have no notes of this part of the conversation but details stand out in my memory.
How she felt like a personal family representative when she visited British servicemen in hospital in what was then Burma. How the heat made her lipstick run. How she spent her clothes coupons on a tight-fitting pink chiffon dress. How important it was to look attractive to wounded soldiers who hadn’t seen their womenfolk for months, even years.
It was over all too quickly. We said goodbye on the doorstep. “Perhaps…” I began, tentatively, “… we’ll meet again some sunny day”, sang Dame Vera, quick as a flash.
Most likely, I won’t meet her again. But, as the Queen understood, what keeps us going in times of war and pandemic is the thought that we will be reunited with our loved ones, when the blue skies drive the dark clouds far away.The Conversation

Kate McLoughlin, Professor of English Literature, University of Oxford
This article is republished from The Conversation under a Creative Commons license. Read the original article.


Taco Bell apologizes and says that it does not ban employees from wearing Black Lives Matter masks, after a worker was fired for doing so in a viral video
Kate Taylor and Palmer Haasch Jun 18, 2020, 10:06 AM
Taco Bell is facing backlash after a video showing a worker being fired for wearing a Black Lives Matter mask on the job went viral. Taco Bell


A video of an employee who was fired from a Youngstown, Ohio Taco Bell location for wearing a Black Lives Matter mask to work went viral on Thursday. 

Taco Bell told Insider the chain apologized to Denzel Skinner, the worker who was fired, last week and that the chain does not prohibit employees from wearing Black Lives Matter masks. 

#RIPTacoBell was trending in the United States on Twitter on Thursday, with people sharing messages of support for Skinner as well as recipes to recreate Taco Bell favorites at home.


Taco Bell is facing backlash after a video showing a worker being fired for wearing a Black Lives Matter mask went viral.

Denzel Skinner went live on Facebook on June 8, telling viewers that he was losing his job at a Taco Bell location on Belmont Ave. in Youngstown, Ohio, because he was wearing a Black Lives Matter mask.

Skinner told WBKN First News that he had been a shift leader at the location for eight years, and said that the store's air conditioning had broken — which meant the surgical masks provided to employees made it harder to breathe when it was warm.
—elijah daniel (@elijahdaniel) June 18, 2020

He said that he decided to switch to the Black Lives Matter mask because it was easier to breathe through. When a manager asked him to take it off, he told WBKN First News, he refused and walked out of the restaurant. He said that he was told if he walked out, he would lose his job. In the Facebook live video, a female voice, allegedly belonging to the manager, can be heard saying, "You can't bring politics into the building."

"Bro, I'm not bringing politics in," Skinner says in the video. "This is what I'm standing for. How is this considered politics?"

In a statement to Insider, Taco Bell said the chain was "disappointed to learn about the incident," saying that "we believe Black Lives Matter." The chain said it is working closely with the franchisee who operates the Youngstown, Ohio, location to address the issue.

"Our Chief People Officer and Yum!'s Chief Diversity and Inclusion Officer spoke with Denzel last week to apologize and discuss the situation," a Taco Bell representative said in a statement. "Our goal is to ensure our policies are inclusive and keep our team members and customers safe."

"While our policies at restaurants do not prohibit Team Members from wearing Black Lives Matter masks, we are working to clarify our mask policy so this doesn't happen again," the statement continued.

Skinner did not respond to Insider's request for comment on the incident.

Taco Bell posted a statement to its Twitter page on Thursday evening, saying that it believed the Black Lives Matter movement "is a human rights issue and not a political one."
—Taco Bell (@tacobell) June 18, 2020

"We do not tolerate racism or violence against the Black community and we demand inclusivity," Taco Bell said.

"We will hold yourselves accountable," it pledges.

Companies' responses to Black Lives Matter masks have sparked backlash

After the death of George Floyd, Taco Bell's CEO Mark King released an open letter, saying he and the chain were committed to long-term solutions to fight racism.

"I'm a white male," King wrote. "I grew up in the Midwest and now live in Southern California, where the Black population is a small percentage of the community. I will not pretend to understand the weight of the years of injustice and inequality that our Black friends and colleagues have experienced."

In the letter, King announced that Taco Bell's corporate office held a panel on combatting systematic racism led by the company's chief diversity and inclusion officer. King said that Taco Bell's restaurant workers will have the opportunity to do the same.

Read more: CEOs at fast-food giants including McDonald's, Chick-fil-A, and Starbucks speak out to support protests, as some face internal reckonings and criticism
Starbucks

This is the latest incident in which a company has faced backlash for banning Black Lives Matter face masks on the job.

Last week, Starbucks reversed its policy to allow employees to wear pins or t-shirts that support Black Lives Matter, after facing backlash over its previous policy banning such merchandise. Wawa similarly reversed its policy, allowing workers to wear Black Lives Matter pins after originally banning employees from wearing masks or anything else with Black Lives Matter written on it.

Other companies that have faced backlash on Black Lives Matter masks have yet to announce new policies.

One Publix worker quit due to the company's policy banning all "non-Publix messaging" — including writing Black Lives Matter — on masks, The Tampa Bay Times reports. The Concord Monitor reports that two Whole Foods workers were sent home from work for wearing Black Lives Matter masks.
After Skinner's video crossed over to Twitter, #RIPTacoBell started trending in the United States

In the morning of June 18, Elijah Daniel, a social media personality and music artist, reposted a cut of Denzel Skinner's video that was originally uploaded to Twitter by @tyrone_brother. Shortly before reposting the video, he quoted the statement that Taco Bell had posted on Twitter on June 2, saying "nahhhhhh sorry we sad about it but y'all goin too" and using the #RIPTacoBell hashtag.

—elijah daniel (@elijahdaniel) June 18, 2020

Daniel reposted the cut of Skinner's video shortly after with the caption, "Taco Bell manager firing an employee for supporting BLM :/ #RIPTacoBell." The video quickly began to gain traction on Twitter and has amassed over 1 million views; Elijah's tweet stands at nearly 30,000 likes as of midday on Thursday.

Daniel told Insider that since he started urging people to use the hashtag #BLUEFALL to document instances of police brutality amid ongoing protests, people have been sending him videos to signal boost (he has over 715,000 followers on Twitter).

Daniel has a history with Taco Bell itself — he has a Taco Bell tattoo and said that he's been involved with the company for over eight years — but said that when someone sent him the video he posted it because "f-ck Taco Bell, you can't claim to be the millennial brand and then just not be on the right part of this."

Since Daniel reposted the video and started the #RIPTacoBell hashtag, people have been flooding it with support for Denzel Skinner while also dunking on Taco Bell's food and posting recipes to recreate classics. One TikTok showing people how to make a Crunchwrap Supreme has amassed hundreds of thousands of views on Twitter.

—Kano :-)) (@webbgangang) June 18, 2020

Daniel told Insider that his extremely active fan base helped to get the #RIPTacoBell hashtag off of the ground. "I'll put something out there and they're like, alright, we're trending this right now," he said. "We don't stand for this. Everybody has very similar beliefs, or we're accepting of each others' beliefs because they're not radical, I think."

When asked about Taco Bell's statement and apology to Skinner, Daniel said, Taco Bell "posted two weeks ago that they were 'going mute for a week' to make changes, sort of the opposite of what any brand should be doing, and still have yet to do anything publicly. Whether they're doing things privately, that's fine, but this isn't a time to be private. It's great that they apologized, but what is being done about his firing? The manager?"

Daniel thinks that the incident is a testament to the power of social media, pointing to the amount of time it took for Skinner's video to truly surface online as well as how social media criticism has led to outcomes like Aunt Jemima changing its name and losing its mascot.

"This was a Black man pleading for people to share this video and get him help because this was a place that was hiding what they were doing," he said. "I think the main point is to keep spreading it."