The value of an arm

WHEN I FIRST VISITED Greeley in 1997, Javier Ramirez was president of the UFCW, Local 990, the union representing employees at the Monfort beef plant. The National Labor Relations Board had ruled that Monfort committed “numerous, pervasive, and outrageous” violations of labor law after reopening the Greeley beef plant in 1982, discriminating against former union members at hiring time and intimidating new workers during a union election. Former employees who’d been treated unfairly ultimately received a $10.6 million settlement. After a long and arduous organizing drive, workers at the Monfort beef plant voted to join the UFCW in 1992. Javier Ramirez is thirty‑one and knows a fair amount about beef. His father is Ruben Ramirez, the Chicago union leader. Javier grew up around slaughterhouses and watched the meatpacking industry abandon his hometown for the High Plains. Instead of finding another line of work, he followed the industry to Colorado, trying to gain better wages and working conditions for the mainly Latino workforce.

The UFCW has given workers in Greeley the ability to challenge unfair dismissals, file grievances against supervisors, and report safety lapses without fear of reprisal. But the union’s power is limited by the plant’s high turnover rate. Every year a new set of workers must be persuaded to support the UFCW. The plant’s revolving door is not conducive to worker solidarity. At the moment some of the most pressing issues for the UFCW are related to the high injury rate at the slaughterhouse. It is a constant struggle not only to prevent workers from getting hurt, but also to gain them proper medical treatment and benefits once they’ve been hurt.

Colorado was one of the first states to pass a workers’ compensation law. The idea behind the legislation, enacted in 1919, was to provide speedy medical care and a steady income to workers injured on the job. Workers’ comp was meant to function much like no‑fault insurance. In return for surrendering the right to sue employers for injuries, workers were supposed to receive immediate benefits. Similar workers’ comp plans were adopted throughout the United States. In 1991, Colorado started another trend, becoming one of the first states to impose harsh restrictions on workers’ comp payments. In addition to reducing the benefits afforded to injured employees, Colorado’s new law granted employers the right to choose the physician who’d determine the severity of any work‑related ailment. Enormous power over workers’ comp claims was handed to company doctors.

Many other states subsequently followed Colorado’s lead and cut back their workers’ comp benefits. The Colorado bill, promoted as “workers’ comp reform,” was first introduced in the legislature by Tom Norton, the president of the Colorado State Senate and a conservative Republican. Norton represented Greeley, where his wife, Kay, was the vice president of legal and governmental affairs at ConAgra Red Meat.

In most businesses, a high injury rate would prompt insurance companies to demand changes in the workplace. But ConAgra, IBP, and the other large meatpacking firms are self‑insured. They are under no pressure from independent underwriters and have a strong incentive to keep workers’ comp payments to a bare minimum. Every penny spent on workers’ comp is one less penny of corporate revenue.

Javier Ramirez began to educate Monfort workers about their legal right to get workers’ comp benefits after an injury at the plant. Many workers don’t realize that such insurance even exists. The workers’ comp claim forms look intimidating, especially to people who don’t speak any English and can’t read any language: Filing a claim, challenging a powerful meatpacking company, and placing faith in the American legal system requires a good deal of courage, especially for a recent immigrant.

When a workers’ comp claim involves an injury that is nearly impossible to refute (such as an on‑the‑job amputation), the meatpacking companies generally agree to pay. But when injuries are less visible (such as those stemming from cumulative trauma) the meatpackers often prolong the whole workers’ comp process through litigation, insisting upon hearings and filing seemingly endless appeals. Some of the most painful and debilitating injuries are the hardest to prove.

Today it can take years for an injured worker to receive workers’ comp benefits. During that time, he or she must pay medical bills and find a source of income. Many rely on public assistance. The ability of meatpacking firms to delay payment discourages many injured workers from ever filing workers’ comp claims. It leads others to accept a reduced sum of money as part of a negotiated settlement in order to cover medical bills. The system now leaves countless unskilled and uneducated manual workers poorly compensated for injuries that will forever hamper their ability to earn a living. The few who win in court and receive full benefits are hardly set for life. Under Colorado’s new law, the payment for losing an arm is $36,000. An amputated finger gets you anywhere from $2,200 to $4,500, depending on which one is lost. And “serious permanent disfigurement about the head, face, or parts of the body normally exposed to public view” entitles you to a maximum of $2,000.

As workers’ comp benefits have become more difficult to obtain, the threat to workplace safety has grown more serious. During the first two years of the Clinton administration, OSHA seemed like a revitalized agency. It began to draw up the first ergonomics standards for the nation’s manufacturers, aiming to reduce cumulative trauma disorders. The election of 1994, however, marked a turning point. The Republican majority in Congress that rose to power that year not only impeded the adoption of ergonomics standards but also raised questions about the future of OSHA. Working closely with the U.S. Chamber of Commerce and the National Association of Manufacturers, House Republicans have worked hard to limit OSHA’s authority. Congressman Cass Ballenger, a Republican from North Carolina, introduced legislation that would require OSHA to spend at least half of its budget on “consultation” with businesses, instead of enforcement. This new budget requirement would further reduce the number of OSHA inspections, which by the late 1990s had already reached an all‑time low. Ballenger has long opposed OSHA inspections, despite the fact that near his own district a fire at a poultry plant killed twenty‑five workers in 1991. The plant had never been inspected by OSHA, its emergency exits had been chained shut, and the bodies of workers were found in piles near the locked doors. Congressman Joel Hefley, a Colorado Republican whose district includes Colorado Springs, has introduced a bill that makes Ballenger’s seem moderate. Hefley’s “OSHA Reform Act” would essentially repeal the Occupational Safety and Health Act of 1970. It would forbid OSHA from conducting any workplace inspections or imposing any fines.

Kenny

DURING MY TRIPS TO meatpacking towns in the High Plains I met dozens of workers who’d been injured. Each of their stories was different, yet somehow familiar, linked by common elements – the same struggle to receive proper medical care, the same fear of speaking out, the same underlying corporate indifference. We are human beings, more than one person told me, but they treat us like animals. The workers I met wanted their stories to be told. They wanted people to know about what is happening right now. A young woman who’d injured her back and her right hand at the Greeley plant said to me, “I want to get on top of a rooftop and scream my lungs out so that somebody will hear.” The voices and faces of these workers are indelibly with me, as is the sight of their hands, the light brown skin crisscrossed with white scars. Although I cannot tell all of their stories, a few need to be mentioned. Like all lives, they can be used as examples or serve as representative types. But ultimately they are unique, individual, impossible to define or replace – the opposite of how this system has treated them.

Raoul was born in Zapoteca, Mexico, and did construction work in Anaheim before moving to Colorado. He speaks no English. After hearing a Monfort ad on a Spanish‑language radio station, he applied for a job at the Greeley plant. One day Raoul reached into a processing machine to remove a piece of meat. The machine accidentally went on. Raoul’s arm got stuck, and it took workers twenty minutes to get it out. The machine had to be taken apart. An ambulance brought Raoul to the hospital, where a deep gash in his shoulder was sewn shut. A tendon had been severed. After getting stitches and a strong prescription painkiller, he was driven back to the slaughterhouse and put back on the production line. Bandaged, groggy, and in pain, one arm tied in a sling, Raoul spent the rest of the day wiping blood off cardboard boxes with his good hand.

Renaldo was another Monfort worker who spoke no English, an older man with graying hair. He developed carpal tunnel syndrome while cutting meat. The injury got so bad that sharp pain shot from his hand all the way up to his shoulder. At night it hurt so much he could not fall asleep in bed. Instead he would fall asleep sitting in a chair beside the bed where his wife lay. For three years he slept in that chair every night.

Kenny Dobbins was a Monfort employee for almost sixteen years. He was born in Keokuk, Iowa, had a tough childhood and an abusive stepfather, left home at the age of thirteen, went in and out of various schools, never learned to read, did various odd jobs, and wound up at the Monfort slaughterhouse in Grand Island, Nebraska. He started working there in 1979, right after the company bought it from Swift. He was twenty‑four. He worked in the shipping department at first, hauling boxes that weighed as much as 120 pounds. Kenny could handle it, though. He was a big man, muscular and six‑foot‑five, and nothing in his life had ever been easy.

One day Kenny heard someone yell, “Watch out!” then turned around and saw a ninety‑pound box falling from an upper level of the shipping department. Kenny caught the box with one arm, but the momentum threw him against a conveyer belt, and the metal rim of the belt pierced his lower back. The company doctor bandaged Kenny’s back and said the pain was just a pulled muscle. Kenny never filed for workers’ comp, stayed home for a few days, then returned to work. He had a wife and three children to support. For the next few months, he was in terrible pain. “It hurt so fucking bad you wouldn’t believe it,” he told me. He saw another doctor, got a second opinion. The new doctor said Kenny had a pair of severely herniated disks. Kenny had back surgery, spent a month in the hospital, got sent to a pain clinic when the operation didn’t work. His marriage broke up amid the stress and financial difficulty. Fourteen months after the injury, Kenny returned to the slaughterhouse. “GIVE UP AFTER BACK SURGERY? NOT KEN DOBBINS!!” a Monfort newsletter proclaimed. “Ken has learned how to handle the rigors of working in a packing plant and is trying to help others do the same. Thanks, Ken, and keep up the good work.”

Kenny felt a strong loyalty to Monfort. He could not read, possessed few skills other than his strength, and the company had still given him a job. When Monfort decided to reopen its Greeley plant with a nonunion workforce, Kenny volunteered to go there and help. He did not think highly of labor unions. His supervisors told him that unions had been responsible for shutting down meatpacking plants all over the country. When the UFCW tried to organize the Greeley slaughterhouse, Kenny became an active and outspoken member of an anti‑union group.

At the Grand Island facility, Kenny had been restricted to light duty after his injury. But his supervisor in Greeley said that old restrictions didn’t apply in this new job. Soon Kenny was doing tough, physical labor once again, wielding a knife and grabbing forty‑ to fifty‑pound pieces of beef off a table. When the pain became unbearable, he was transferred to ground beef, then to rendering. According to a former manager at the Greeley plant, Monfort was trying to get rid of Kenny, trying to make his work so unpleasant that he’d quit. Kenny didn’t realize it. “He still believes in his heart that people are honest and good,” the former manager said about Kenny. “And he’s wrong.”

As part of the job in rendering, Kenny sometimes had to climb into gigantic blood tanks and gut bins, reach to the bottom of them with his long arms, and unclog the drains. One day he was unexpectedly called to work over the weekend. There had been a problem with Salmonella contamination. The plant needed to be disinfected, and some of the maintenance workers had refused to do it. In his street clothes, Kenny began cleaning the place, climbing into tanks and spraying a liquid chlorine mix. Chlorine is a hazardous chemical that can be inhaled or absorbed through the skin, causing a litany of health problems. Workers who spray it need to wear protective gloves, safety goggles, a self‑contained respirator, and full coveralls. Kenny’s supervisor gave him a paper dust mask to wear, but it quickly dissolved. After eight hours of working with the chlorine in unventilated areas, Kenny went home and fell ill. He was rushed to the hospital and placed in an oxygen tent. His lungs had been burned by the chemicals. His body was covered in blisters. Kenny spent a month in the hospital.

Kenny eventually recovered from the overexposure to chlorine, but it left his chest feeling raw, made him susceptible to colds and sensitive to chemical aromas. He went back to work at the Greeley plant. He had remarried, didn’t know what other kind of work to do, still felt loyal to the company. He was assigned to an early morning shift. He had to drive an old truck from one part of the slaughterhouse complex to another. The truck was filled with leftover scraps of meat. The headlights and the wipers didn’t work. The windshield was filthy and cracked. One cold, dark morning in the middle of winter, Kenny became disoriented while driving. He stopped the truck, opened the door, got out to see where he was – and was struck by a train. It knocked his glasses off, threw him up in the air, and knocked both of his work boots off. The train was moving slowly, or he would’ve been killed. Kenny somehow made it back to the plant, barefoot and bleeding from deep gashes in his back and his face. He spent two weeks at the hospital, then went back to work.

One day, Kenny was in rendering and saw a worker about to stick his head into a pre‑breaker machine, a device that uses hundreds of small hammers to pulverize gristle and bone into a fine powder. The worker had just turned the machine off, but Kenny knew the hammers inside were still spinning. It takes fifteen minutes for the machine to shut down completely. Kenny yelled, “Stop!” but the worker didn’t hear him. And so Kenny ran across the room, grabbed the man by the seat of his pants, and pulled him away from the machine an instant before it would have pulverized him. To honor this act of bravery, Monfort gave Kenny an award for “Outstanding Achievement in CONCERN FOR FELLOW WORKERS.” The award was a paper certificate, signed by his supervisor and the plant safety manager.

Kenny later broke his leg stepping into a hole in the slaughterhouse’s concrete floor. On another occasion he shattered an ankle, an injury that required surgery and the insertion of five steel pins. Now Kenny had to wear a metal brace on one leg in order to walk, an elaborate, spring‑loaded brace that cost $2,000. Standing for long periods caused him great pain. He was given a job recycling old knives at the plant. Despite his many injuries, the job required him to climb up and down three flights of narrow stairs carrying garbage bags filled with knives. In December of 1995 Kenny felt a sharp pain in his chest while lifting some boxes. He thought it was a heart attack. His union steward took him to see the nurse, who said it was just a pulled muscle and sent Kenny home. He was indeed having a massive heart attack. A friend rushed Kenny to a nearby hospital. A stent was inserted in his heart, and the doctors told Kenny that he was lucky to be alive.

While Kenny Dobbins was recuperating, Monfort fired him. Despite the fact that Kenny had been with the company for almost sixteen years, despite the fact that he was first in seniority at the Greeley plant, that he’d cleaned blood tanks with his bare hands, fought the union, done whatever the company had asked him to do, suffered injuries that would’ve killed weaker men, nobody from Monfort called him with the news. Nobody even bothered to write him. Kenny learned that he’d been fired when his payments to the company health insurance plan kept being returned by the post office. He called Monfort repeatedly to find out what was going on, and a sympathetic clerk in the claims office finally told Kenny that the checks were being returned because he was no longer a Monfort employee. When I asked company spokesmen to comment on the accuracy of Kenny’s story, they would neither confirm nor deny any of the details.

Today Kenny is in poor health. His heart is permanently damaged. His immune system seems shot. His back hurts, his ankle hurts, and every so often he coughs up blood. He is unable to work at any job. His wife, Clara – who’s half‑Latina and half‑Cheyenne, and looks like a younger sister of Cher’s – was working as a nursing home attendant when Kenny had the heart attack. Amid the stress of his illness, she developed a serious kidney ailment. She is unemployed and recovering from a kidney transplant.

As I sat in the living room of their Greeley home, its walls decorated with paintings of wolves, Denver Broncos memorabilia, and an American flag, Kenny and Clara told me about their financial condition. After almost sixteen years on the job, Kenny did not get any pension from Monfort. The company challenged his workers’ comp claim and finally agreed – three years after the initial filing – to pay him a settlement of $35,000. Fifteen percent of that money went to Kenny’s lawyer, and the rest is long gone. Some months Kenny has to hock things to get money for Clara’s medicine. They have two teenage children and live on Social Security payments. Kenny’s health insurance, which costs more than $600 a month, is about to run out. His anger at Monfort, his feelings of betrayal, are of truly biblical proportions.

“They used me to the point where I had no body parts left to give,” Kenny said, struggling to maintain his composure. “Then they just tossed me into the trash can.” Once strong and powerfully built, he now walks with difficulty, tires easily, and feels useless, as though his life were over. He is forty‑six years old.