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‘Our Family Can Have a Future’: Ford Workers on a New Union Contract

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Before autoworkers went on strike in September, Dave and Bailey Hodge were struggling to juggle the demands of working at a Ford Motor plant in Michigan and raising their young family.Both were working 12-hour shifts, seven days a week, to earn enough to cover monthly bills, car payments and the mortgage on a home they had recently bought. They were also saving for the things they hoped life would eventually bring — vacations, college for their two children and retirement.They were holding their own financially, but their shifts left them little time away from the assembly line, where both worked from 6 p.m. to 6 a.m.“You just sleep all the time you’re not at work,” Ms. Hodge, 25, said. Some days, she’d see her 8-year-old son off to school in the morning. She’d fall asleep with her 14-month-old daughter lying between her and Dave.“I’d wake up in the afternoon, get dinner for the kids and go back to the plant,” she said. “Life revolved around work.”“Dave paid the bills with the strike money, and if I needed anything, I used the money I got from tips,” Ms. Hodge said.During the strike, Ms. Hodge worked at a local beauty spa.But the couple said they expected all that to change now. Last month, Ford and the United Automobile Workers, the union that Mr. and Ms. Hodge are members of, struck a tentative agreement containing some of the biggest gains that autoworkers had won in a new contract in decades.If the agreement is ratified, Mr. Hodge, who has been at the plant longer than Ms. Hodge, will make almost $39 an hour, up from $32. Ms. Hodge’s hourly wage will increase to more than $35 from $20. By the end of the four-and-a-half-year contract, both will be making more than $40 an hour. The agreement also provides for more time off.Mr. Hodge, 36, said he had teared up when he heard the details. “I was super happy,” he said. “It makes me feel like our family can have a future now.”About 145,000 workers at Ford, General Motors and Stellantis, the parent company of Chrysler, Jeep and Ram, are voting on separate but similar contracts the U.A.W. negotiated with the companies. Many labor and auto experts said a large majority of workers would most likely have the same reaction to the agreements that Mr. Hodge had and would vote in favor of the deals.The Hodges were required to walk the picket line at the plant one day a week. The United Automobile Workers provided $500 a week for each striking worker.Mr. Hodge’s first day back after the strike. “I was super happy,” he said of the new contract. “It makes me feel like our family can have a future now.”Just over 80 percent of the union members at the plant the Hodges work at, in Wayne, Mich., have already voted in favor of the deal. Voting at Ford plants is expected to end on Nov. 17.The tentative agreement also means the Hodges are going back to work after being on strike for 41 days. Their plant, which is a 30-minute drive from downtown Detroit, was one of the first three auto factories to go on strike in September. It makes the Ford Bronco sport utility vehicle and the Ranger pickup truck.On the evening of Sept. 14, Ms. Hodge was on a break when a union representative came by telling workers to leave. She and Mr. Hodge knew a strike was possible and had set aside enough money to cover their expenses for two to three months, but they were still surprised they were called on to strike first.The Hodges were required to walk the picket line at the plant one day a week, leaving them lots of time for the family activities they had been missing. The U.A.W. provided $500 a week for each striking worker. The $1,000 a week the Hodges collected helped, but Ms. Hodge also went to work at a beauty spa.The Hodges’ son arriving home from school.“At first, you were happy to have some time off and have dinner as a family, put the kids to bed, but then it keeps going on, and you’re like, ‘Whoa, this doesn’t seem to be ending,’” Ms. Hodge said.“Dave paid the bills with the strike money, and if I needed anything, I used the money I got from tips,” Ms. Hodge said.But as the strike wore on, the Hodges found they had to keep close track of their grocery shopping and stopped eating out.“At first, you were happy to have some time off and have dinner as a family, put the kids to bed, but then it keeps going on, and you’re like, ‘Whoa, this doesn’t seem to be ending,’” Ms. Hodge said. “As it goes along, it gets scary.”On Oct. 25, Ms. Hodge began getting texts from friends at the plant that the U.A.W. and Ford had reached a tentative agreement. That evening, she and Mr. Hodge watched an announcement by the union’s president, Shawn Fain, on Facebook.By the end of the four-and-a-half-year contract, both will be making more than $40 an hour.As the strike wore on, the Hodges found that they had to keep close track of their grocery shopping and stopped eating out.For Mr. Hodge, the news of the union’s gains — including a 25 percent general wage increase, cost-of-living adjustments and increased retirement contributions — was hard to fathom given the slower progress workers had made in recent years.He had started at Ford in 2007 as a temporary worker and over five years climbed to the top temporary worker wage of $27 an hour. In 2012, when he became a permanent employee, he had to start at the entry-level wage of $15 an hour.“It took me a good 11 years to get to where I am now,” he said. “So this feels like I’m getting back what I would’ve had.”The Hodges plan to continue working 12-hour, seven-day schedules for a short while to rebuild their savings account, and to take care of expenses they had put off, like fixing the dented bumper and cracked windshield in Ms. Hodge’s Ford Explorer.But eventually, they want to cut back to working Monday through Friday, and perhaps one weekend a month.“It will be great just doing some overtime, not overtime all the time,” Ms. Hodge said. “And we’ll start doing things with the kids. Maybe take them to a hotel that has a swimming pool. That would be nice.”A 25 percent general wage increase was hard to fathom given the slower progress workers had made in recent years.“It will be great just doing some overtime, not overtime all the time,” Ms. Hodge said. More

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    Labor Dept. Proposes Vast Expansion of Overtime Eligibility

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    The Biden administration seeks a threshold of about $55,000 in annual pay under which salaried workers must receive overtime, up from $35,500.In a move that could affect millions of workers, the Biden administration announced Wednesday that it was proposing to substantially increase the cutoff below which most salaried workers automatically receive time-and-a-half overtime pay.Under the proposed rule, issued by the Labor Department, the cutoff for receiving overtime pay after 40 hours a week would rise to about $55,000 a year from about $35,500, a level that was set during the Trump administration.About 3.6 million salaried workers, most of whom fall between the current cutoff and the new one, would effectively gain overtime pay eligibility under the proposed rule, the department said.Julie Su, the department’s acting secretary, said in a statement that the rule “would help restore workers’ economic security by giving millions more salaried workers the right to overtime protections.”The department estimated that the rule would result in a transfer of $1.2 billion from employers to employees in its first year.Some industry groups, particularly in retail, dining and hospitality businesses, have argued that expanded overtime eligibility could lead many employers to convert some salaried workers to hourly workers and set their base wage so that their overall pay, with the usual overtime hours, would be unchanged.These groups argue that vastly expanding overtime eligibility could also discourage employers from promoting workers to junior management positions that provide a path to well-paying careers, because more employers would be compelled to pay junior managers overtime when they worked long hours.“To prevent these employees from triggering new overtime costs, many small businesses will be forced to demote them back to hourly wage earners, reversing their hard-earned career progression,” Alfredo Ortiz, the president and chief executive of Job Creators Network, a group that promotes the interests of small businesses, said in a statement.The proposal follows a similarly ambitious move by the Obama administration in 2016, which sought to raise the overtime cutoff for most salaried employees to about $47,500 from about $23,500. But just before Donald J. Trump took office as president, a federal judge in Texas suspended the Obama rule, concluding that the Labor Department lacked the legal authority to raise the overtime cutoff so substantially.The Trump administration later installed the $35,500 limit.Under the Biden administration’s proposal, the overtime limit would automatically adjust every three years to keep pace with rising earnings. The Labor Department will accept public comments for 60 days before issuing a final version of the rule.Advocates of a higher cutoff argue that one key benefit would be to prevent employers from misclassifying workers as managers to avoid paying them overtime.Under the law, employers do not need to pay overtime to workers who make above the salary cutoff if they are bona fide executives or managers, meaning that their primary job is management and that they have real authority.But research has shown that many companies illegally deny workers overtime by raising their salaries just above the overtime cutoff and simply labeling them managers, even if they do little managerial work.Because the legal definition of an overtime-exempt manager can be somewhat subjective, and because many salaried workers aren’t aware that they are eligible for overtime pay if they make more than the cutoff, they typically do not challenge employers who game the system in this way. The result is that many assistant managers at fast food restaurants or retail outlets have been denied overtime pay even though the law typically required that they receive it.Raising the salary threshold would make this practice less common by eliminating the subjectivity in determining which workers should receive overtime pay. Instead, many workers — like assistant managers in restaurants — would become eligible for overtime automatically, no matter their job responsibilities.The proposal is the latest effort by the Biden administration to increase pay and protections for workers. President Biden has been outspoken in his support of labor unions, and issued an executive order requiring contractors on federal construction projects worth more than $35 million to reach agreements with unions that determine wages and work rules.The major climate bill that Mr. Biden signed last year included incentives for clean energy projects to pay wages that are similar to union scale.But the proposed overtime rule could face legal challenges like the ones that derailed the Obama-era rule, suggesting that the president’s rationale for the proposal may be as much about communicating his support for workers during the 2024 presidential campaign as it is about significantly expanding eligibility for overtime.In an interview this year, Seth Harris, a former deputy labor secretary who recently served as a senior labor adviser to Mr. Biden, said some administration officials worried that a judge would set aside the rule, but added, “There are others whose offices are physically closer to the president who say, ‘No, no, no, this District Court judge doesn’t tell us how we do our business.’” More

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    You’re Now a ‘Manager.’ Forget About Overtime Pay.

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    New evidence shows that many employers are mislabeling rank-and-file workers as managers to avoid paying them overtime.For four years beginning in 2014, Tiffany Palliser worked at Panera Bread in South Florida, making salads and operating the register for shifts that began at 5 a.m. and often ran late into the afternoon.Ms. Palliser estimates that she worked at least 50 hours a week on average. But she says she did not receive overtime pay.The reason? Panera officially considered her a manager and paid her an annual salary rather than on an hourly basis. Ms. Palliser said she was often told that “this is what you signed up for” by becoming an assistant manager.Federal law requires employers to pay time-and-a-half overtime to hourly workers after 40 hours, and to most salaried workers whose salary is below a certain amount, currently about $35,500 a year. Companies need not pay overtime to salaried employees who make above that amount if they are bona fide managers.Many employers say managers who earn relatively modest salaries have genuine responsibility and opportunities to advance. The National Retail Federation, a trade group, has written that such management positions are “key steps on the ladder of professional success, especially for many individuals who do not have college degrees.”But according to a recent paper by three academics, Lauren Cohen, Umit Gurun and N. Bugra Ozel, many companies provide salaries just above the federal cutoff to frontline workers and mislabel them as managers to deny them overtime.Because the legal definition of a manager is vague and little known — the employee’s “primary” job must be management, and the employee must have real authority — the mislabeled managers find it hard to push back, even if they mostly do grunt work.The paper found that from 2010 to 2018, manager titles in a large database of job postings were nearly five times as common among workers who were at the federal salary cutoff for mandatory overtime or just above it as they were among workers just below the cutoff.“To believe this would happen without this kind of gaming going on is ridiculous,” Dr. Cohen, a Harvard Business School professor, said in an interview.Under federal law, employers are required to pay time-and-a-half overtime to salaried workers after 40 hours if they make about $35,500 or less.Scott McIntyre for The New York TimesDr. Cohen and his co-authors estimate that the practice of mislabeling workers as managers to deny them overtime, which often relies on dubious-sounding titles like “lead reservationist” and “food cart manager,” cost the workers about $4 billion per year, or more than $3,000 per mislabeled employee.And the practice appears to be on the rise: Dr. Cohen said the number of jobs with dubious-sounding managerial titles grew over the period he and his co-authors studied.Federal data appear to underscore the trend, showing that the number of managers in the labor force increased more than 25 percent from 2010 to 2019, while the overall number of workers grew roughly half that percentage.From 2019 to 2021, the work force shrank by millions while the number of managers did not budge. Lawyers representing workers said they suspected that businesses mislabeled employees as managers even more often during the pandemic to save on overtime while they were short-handed.“There were shortages of people who had kids at home,” said Catherine Ruckelshaus, the general counsel of the National Employment Law Project, a worker advocacy group. “I’m sure that elevated the stakes.”But Ed Egee, a vice president at the National Retail Federation, argued that labor shortages most likely cut the other way, giving low-level managers the leverage to negotiate more favorable pay, benefits and schedules. “I would almost say there’s never been a time when those workers are more empowered,” he said. (Pay for all workers grew much faster than pay for managers from 2019 to 2021, though pay for managers grew slightly faster last year.)Experts say the denial of overtime pay is part of a broader strategy to drive down labor costs in recent decades by staffing stores with as few workers as possible. If a worker calls in sick, or more customers turn up than expected, the misclassified manager is often asked to perform the duties of a rank-and-file worker without additional cost to the employer.“This allows them to make sure they’re not staffing any more than they need to,” said Deirdre Aaron, a former Labor Department lawyer who has litigated numerous overtime cases in private practice. “They have assistant managers there who can pick up the slack.”Ms. Palliser said that her normal shift at Panera ran from 5 a.m. to 2 p.m., but that she was often called in to help close the store when it was short-staffed. If an employee did not show up for an afternoon shift, she typically had to stay late to cover.Gonzalo Espinosa said that he had often worked 80 hours a week as the manager of a Jack in the Box but that he had not received overtime pay.Max Whittaker for The New York Times“I would say, ‘My kids get out of school at 2. I have to go pick them up, I can’t keep doing this,’” said Ms. Palliser, who made from about $32,000 to $40,000 a year as an assistant manager. She said her husband later quit his job to help with their child-care responsibilities.She won a portion of a multimillion-dollar settlement under a lawsuit accusing a Panera franchisee, Covelli Enterprises, of failing to pay overtime to hundreds of assistant managers. Panera and representatives of the franchise did not respond to requests for comment.Gassan Marzuq, who earned a salary of around $40,000 a year as the manager of a Dunkin’ Donuts for several years until 2012, said in a lawsuit that he had worked roughly 70 hours or more in a typical week. He testified that he had spent 90 percent of his time on tasks like serving customers and cleaning, and that he could not delegate this work “because you’re always short on staff.”Mr. Marzuq eventually won a settlement worth $50,000. A lawyer for T.J. Donuts, the owner of the Dunkin’ Donuts franchise, said the company disputed Mr. Marzuq’s claims and maintained “that he was properly classified as a manager.”Workers and their lawyers said employers exploited their desire to move up the ranks in order to hold down labor costs.“Some of us want a better opportunity, a better life for our families,” said Gonzalo Espinosa, who said that in 2019 he often worked 80 hours a week as the manager of a Jack in the Box in California but that he did not receive overtime pay. “They use our weakness for their advantage.”Mr. Espinosa said his salary of just over $30,000 was based on an hourly wage of about $16 for a 40-hour workweek, implying that his true hourly wage was closer to half that amount — and well below the state’s minimum wage. The franchise did not respond to requests for comment.The paper by Dr. Cohen and his co-authors includes evidence that companies that are financially strapped are more likely to misclassify regular workers as managers, and that this tactic is especially common in low-wage industries like retail, dining and janitorial services.Still, lawyers who bring such cases say the practice also occurs regularly in white-collar industries such as tech and banking.When companies are financially strapped or in low-wage industries like retail and fast food, they are more likely to misclassify regular workers as managers, a recent report found.Max Whittaker for The New York Times“They have a job title like relationship manager or personal banker, and they greet you, try to get you to open account,” said Justin Swartz, a partner at the firm Outten & Golden. “They’re not managers at all.”Mr. Swartz, who estimated that he had helped bring more than two dozen overtime cases against banks, said some involved a so-called branch manager inside a big-box store who was the only bank employee on site and largely performed the duties of a teller.The practice appears to have become more difficult to root out in recent years, as more employers have required workers to sign contracts with mandatory arbitration clauses that preclude lawsuits.Many of the cases “are not economically viable anymore,” said Mr. Swartz, citing the increased difficulty of bringing them individually through arbitration.Some lawyers said only an increase in the limit below which workers automatically receive overtime pay is likely to meaningfully rein in misclassification. With a higher cutoff, simply paying workers overtime is often cheaper than avoiding overtime costs by substantially increasing their pay and labeling them managers.“That’s why companies fought it so hard under Obama,” said Ms. Aaron, a partner at Winebrake & Santillo, alluding to a 2016 Labor Department rule raising the overtime limit to about $47,500 from about $23,500. A federal judge suspended the rule, arguing that the Obama administration lacked the authority to raise the salary limit by such a large amount.The Trump administration later adopted the current cutoff of about $35,500, and the Biden administration has indicated that it will propose raising the cutoff substantially this year. Business groups say such a change will not help many workers because employers are likely to lower base wages to offset overtime pay. More

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    How the Pandemic Has Added to Labor Unrest

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    While big companies wield considerable power, Covid’s economic disruption has given workers new leverage, contributing to a recent upturn in strikes.When 420 workers at the Heaven Hill spirits bottling plant near Louisville went on strike in September, they were frustrated that the company’s proposed contract could reduce their overtime pay. Many had earned extra income working seven days a week during the pandemic.“We were essential,” said Leslie Glazar, recording secretary of the local union representing spirits workers. “They kept preaching, ‘You get us through that, we’ll make it worth your time.’ But we went from heroes to zero.”The recent strike at Heaven Hill, which ended in late October after the company softened its overtime proposal, appears to reflect the current moment: Buoyed by shortages in labor and supplies that leave employers more vulnerable, and frustrated by what they see as unfair treatment during the pandemic, workers are standing up for a better deal.Data collected by the School of Industrial and Labor Relations at Cornell University shows the number of workers on strike increased in October, to more than 25,000, versus an average of around 10,000 in the previous three months.“Labor market leverage and the fact that workers have been through incredibly difficult working conditions over the past year and a half with the pandemic are combining to explain a lot of this labor activism now,” said Johnnie Kallas, a Ph.D. student and the project director of Cornell’s Labor Action Tracker.Large companies continue to have considerable power, and it is not clear that the recent job actions point to a new era of widespread strikes. Many workers who were nearing a strike appear to have pulled back from the brink, including 60,000 film and television production workers, whose strike threat was at least temporarily defused when their union reached tentative agreements with production studios. And even a doubling or tripling of strike activity would fall well below levels common in the 1960s and 70s.But the fitful economic recovery from the pandemic has eroded management’s advantages. Employers are having unusual difficulty in filling jobs — this summer, the Labor Department recorded the highest number of job openings since it began keeping such data in 2000. And for some companies, supply-chain disruptions have taken a toll on the bottom line.In a recent survey by IPC, a trade association representing the electronics industry, nine out of 10 manufacturers complained that the time it takes to make their goods had increased. Nearly one-third reported delays of eight weeks or more.Workers at Kellogg in Battle Creek, Mich., have been on strike since early October.Nicole Hester/The Grand Rapids Press, via Associated PressMany workers also contend that their employers have failed to share enormous pandemic-era profits, even as they sometimes risked their lives to make those earnings possible. Striking workers at John Deere, whose union announced a tentative agreement with the company over the weekend, have pointed out that Deere is on pace to set a record profit of nearly $6 billion this fiscal year even as it sought to end traditional pensions for new hires. The United Automobile Workers said a vote on the contract was expected this week.Workers say that when companies do offer raises, the increases are often limited and don’t make up for the weakening of benefits that they have endured for years.That helps explain why the upturn in labor action dates back to 2018, when tens of thousands of teachers walked off the job in states like West Virginia and Arizona, though the lockdowns and layoffs of the pandemic initially suppressed strike activity. With workers in both Democratic and Republican states feeling wronged, the strike impulse tends to transcend partisan divides.One increasingly common complaint is the so-called two-tier compensation structure, in which workers hired before a certain date may earn a higher wage or a traditional pension, while more recent hires have a lower maximum wage or receive most of their retirement benefits through a variable plan like a 401(k).Frustration with the two-tier system helped propel a six-week strike at General Motors in 2019, and has loomed over several strikes this year, including Kellogg and Deere. Deere workers hired after 1997 have much smaller traditional pensions.In some cases, workers have even grown skeptical of their union leadership, worrying that negotiators have become too remote from the concerns of the rank and file.This is particularly true at the United Automobile Workers, which has been wracked by a corruption scandal in which more than 15 people have been convicted, including two recent presidents. Some Deere workers cited discontent with their union’s leadership in explaining their vote against the initial contract the union had negotiated.It is also a feeling that some Hollywood crew members have expressed about negotiations handled by their union, the International Alliance of Theatrical Stage Employees. “They’re not bad people, they’re working in good faith,” said Victor P. Bouzi, a sound mixer and IATSE member based in Southern California. “But they’re not seeing what’s happening to people and how we’re getting squeezed down here.”The International Alliance of Theatrical Stage Employees prepared for a strike before negotiators reached tentative agreements with film and television studios.Jenna Schoenefeld for The New York TimesYet for every force pushing workers toward a strike, there are others that push in the other direction.Union leaders can be reluctant to strike after having negotiated a deal for workers. IATSE leaders are endorsing the tentative agreements they reached with the studios in October, and even those who oppose them believe it will be a long shot for the membership to vote them down.Matthew Loeb, the IATSE president, said that 36 locals were closely involved in developing the union’s bargaining objectives and that “our members demonstrated incredible union solidarity that stunned the employers and helped us to achieve our stated goals.”For their part, companies often pre-empt a labor action by improving compensation, something that appears to be happening as employers raise wages, though that is also to attract new workers. (It’s less clear if the wage increases are keeping up with inflation outside leisure and hospitality industries.)Manufacturing workers contemplating strikes may have jobs that are relatively sought-after in their cities and towns, making workers less keen to risk their jobs in the event of a strike, and potentially easier to fill than a quick glance at the number of local openings would suggest.And the mere act of striking can exert an enormous psychological and financial toll in an economy where workers have a limited safety net. When unionized workers receive strike pay, it’s typically a fraction of their usual pay, and they must often picket outside their workplace to receive it.Companies can use the legal system to place restrictions on them — as with Warrior Met Coal in Alabama, where about 1,000 workers represented by the United Mine Workers of America have been on strike for seven months. The company recently won a court order prohibiting picketing within 300 yards of entrances..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}As difficult as a strike can be when workers are unionized, it is far more difficult when they’re not. Nonunionized workers often find strikes harder to organize and harder to endure because of the lack of pay. They are typically more vulnerable to potentially unlawful responses by employers, which unions have the legal muscle to resist.It is perhaps no surprise that as the rate of union membership has fallen, so has the number of strikes. Until the early 1980s, the country typically saw more than 200 a year involving 1,000 or more workers, versus 25 in 2019, the highest in almost two decades. Far fewer than 20 began this year.Striking workers outside a John Deere plant near Des Moines. The company’s pension system has been an issue in the strike.Kelsey Kremer/The Des Moines Register, via Associated Press“The volume is quite minimal,” said Ruth Milkman, a sociologist of labor at the Graduate Center of the City University of New York. “That’s partly because only 6 percent of the private sector is organized.”The recent strike at Heaven Hill in Bardstown, Ky., illustrates the complicated calculus facing workers. An analysis by the employment site ZipRecruiter showed that when the strike vote was taken in September, job postings in the Louisville area had increased by almost twice the percentage they had nationwide during the pandemic.After the company threatened to bring in replacement workers, the employees were dismissive. “No one can find workers now — where do they think they’ll find 400?” Ms. Glazar, the local union official, said shortly before the strike ended. “That’s the only thing that keeps us smiling out there.”There were also indications that Heaven Hill was running low on inventory as the strike wore on, crimping the company’s ability to age and bottle alcohol that it produced in Louisville. “We could see the truck movement had slowed down from week one to week six — there were not near as many trucks in and out,” Ms. Glazar said.Josh Hafer, a company spokesman, said, “There may have been some small-scale products impacted, but not to any large degree.”Still, the workers were under enormous stress. Their health benefits ended when their contract expired, and some workers found their insurance was no longer valid while trying to squeeze in a final doctor’s appointment.And while jobs in the area appeared plentiful, many workers preferred to stay in the whiskey-making business. “I like what I do, I enjoy everything about bourbon,” said Austin Hinshaw, a worker who voted to strike at the Heaven Hill plant. “I have worked at a factory before, and it’s not my thing.” In late October, Mr. Hinshaw accepted a job at a distillery in town where he had been applying for months.A few days earlier, Heaven Hill management had worked out a new agreement with the union. The proposed contract included a commitment to largely maintain the existing overtime pay rules for current workers, though it left open the possibility that future workers would be scheduled on weekends at regular pay, which grated on union members. The company also offered a slightly larger pay increase than it had offered just before the workers’ contract expired in September.In a statement, Heaven Hill pointed to the generous health benefits and increased wages and vacation time in the new contract.The company’s proposal divided the members, many of whom wanted to keep fighting, but more than one-third voted in favor of the contract, the minimum needed to approve it and end the strike.“There are a lot of mixed emotions,” Ms. Glazar said. “Some of them are just disappointed. They thought that it would have been better.”Peter S. Goodman More