Eir I TheT While plan north and n reaching epid American < cutting as mi much of it in buy steel slab on other com hot-metal pre In the fou Pittsburgh, n< indefinite lay< estimates, at 1 mill again. Tl For nearly , the Mononga U.S. Steel's Thomson, E —employed r "USS-Mon V erased with tl for the Valley communities, the verge of t Instead of s Valley facilitie MikeStout is a g coordinator of 13 State Conference LABOR RESEARCH REVIEW 7 Eminent Domain & Bank Boycotts: The Tri-State Strategy in Pittsburgh by Mike Stout While plant closings and job loss have plagued the industrial north and midwest for several decades, the disease is now reaching epidemic proportions. American steel corporations are currently in the process of cutting as much as 20 to 25 per cent of their productive capacity, much of it in the Pittsburgh area. With U.S. Steel's recent move to buy steel slabs from overseas steel companies, the snowball effect on other companies could eliminate more than 50 per cent of the hot-metal producing end of steelmaking in America. In the four-county Western Pennsylvania area surrounding Pittsburgh, nearly 65,000 of 90,000 basic steel workers remained on indefinite layoff in July. According to even the most conservative estimates, at least half of these people will never see the inside of a mill again. The final body count will, of course, be much higher. For nearly a century, billowing smokestacks lit the skies along the Monongahela River south of Pittsburgh. As recently as 1980, U.S. Steel's six integrated mills there—Homestead, Edgar Thomson, Duquesne, Irvin, Clairton and National Works —employed more than 28,000 workers. With the formation of the "USS-Mon Valley Works" in late 1982, 15,000 steelworkers were erased with the stroke of a pen, and the death knell was sounded for the Valley. Today, barely 8,000 remain on the job. Surrounding communities, such as Braddock and West Homestead, teeter on the verge of bankruptcy. Instead of spending the billions needed to modernize its Mon Valley facilities—as it promised to do in the late 1970s—U.S. Steel Mike Stout is a griever at USS Homestead Works for USWA Local 1397; he is also coordinator of 1397's Food Bank. He is a member of the Executive Board of the Tri- State Conference on Steel-Pittsburgh. 8 Midwest Center for Labor Research (USS) is now squeezing out the last drops of blood and will soon abandon the Valley altogether, leaving its facilities and dilapidated equipment to be picked apart by Mellon Bank-financed liquidators. If USS is left to its way, by 1986 there will be no steel melted in this Valley, once considered the backbone of American industrial might. Many people in our unions and communities have simply resigned themselves into thinking that nothing can be done to reverse this industrial holocaust. Unable to tackle this moniunental problem, they advocate fleeing the "rust bowl" and retraining steelworkers for some high-tech mecca that doesn't exist and never will. On the other hand, there are those who know something must be done, and are seeking to find concrete solutions to the problems of disinventment and capital flight. They see very clearly what's at stake: the survival of basic industry and the industrial worker, the very heart of America's unions. Volumes have been written on what we need: Massive government-sponsored jobs programs; a national reindustrializa- tion policy; retraining for displaced workers; extended unemploy- ment benefits; union contracts and federal laws that prevent or minimize the cost of plant shutdowns on workers and communities. But tactics, strategies and concrete programs that mobilize masses of people to reach these goals have been few and far between. The Tri-State Perspective & The Eminent Domain Strategy With recent advances in technology, the steel industry has become more capital-intensive than ever. The higher and higher rates of profit needed by the banks and corporations to beat out their overseas competition are less and less attainable. This is why USS and other big steel companies have disinvested and opted for more profitable ventures, such as oil, real estate and the ownership of foreign steel-producing facilities. According to the American Iron & Steel Institute, American steel companies would have to double their cuitent investment to more than $6 billion annually, "merely to maintain existing facilities." This is money which they do not have. Its present owners and overseers will never revitalize the steel industry. It is a stubborn fact. The huge sums necessary to modernize the steel mills can only come from our tax money through the fedend government. \4 LABOR RESEARCH REVIEW 9 d will soon dilapidated liquidators, sited in this L industrial ave simply be done to tonumental 1 retraining t and never thing must e problems y what's at vorker, the '.: Massive dustrializa- unemploy- prevent or rkers and grams that sn few and On the other hand, who can imagine a steel industry run by the likes of a Ronald Reagan or a Jimmy Carter? The mere thought is repulsive to most sane people. The mills must be owned and controlled iustry has at the local level, with workers and communities having a say in the ind higher l organization of production, as well as other decisions that have .o beat out such a direct effect on their lives. l\is is why The Tri-State Conference on Steel is a group of union, clergy and i opted for community activists who organized in 1979 to support ownership Youngstown steelworkers' attempts to save their mills. As the steel American corporations in Youngstown (USS and Jones & Laughlin) threw Id have to 12,000 steelworkers to the dogs, the courts upheld their right to do i annually, it. The U.S. government turned a deaf ear to workers' requests for Arhich they a $100 million loan to buy and upgrade the mills, and the Inter- ^vitalize the national leadership of the USWA stood on the sidelines blindly lecessary to defending the free-enterprise system. through the Tri-State saw the writing on the wall for the aging mills of the Mon Valley. Learning the lessons of Youngstown, we saw that 10 Midwest Center for Labor Research only if everyone affected—workers and their unions, the the public's unemployed, churches, small businesses, borough councils or by whatever other forms of local government—pulled together in a common World War : front, would we have a chance of survival. Works and c As USS quickened the pace of liquidating the steel industry in production f this area, Tri-State Conference on Steel and its allies stepped up Traditional the search for a strategy and concrete tactics to take over and railroads, uti operate the mills. The legal basis for our plan was found in a little- of individua known Pennsylvania law called The Municipal Authorities Act of land from thi 1945. for producin According to Section 306 of this law, a "public authority" neighborhoo (similar to a port authority or the Tennessee Valley Authority) interest and could be established by any number of government entities, rich and po^ including a borough or town council: controlled bj primarily as for the purpose of acquiring, But there \ holding, construct ing, pressure) wh improving, maintaining and to build new operating, owning, leasing preserve for- ...projects of the following public housi kind and character : . . . whole. industrial development pro- Because er jects, including but not past to bene! limited to projects to retain or its use in the develop existing industries and of "leading ] the development of new "too heavy" industries. [Italics added.] has faith in Under this law, such an what is good authori ty could acquire ruled the nei "existing industrial facilities" domain for tl through the use of eminent the exclusive domain. also be used Eminent domain is the hands of pol power, inherent in our federal Eminent d< and state governments, to seize State, someti or authorize the taking of hall when w private property for public use, Frank O'Brie conditioned upon payment of Pittsburgh ai just compensation to the nessed its us owner. Private property may be forcibly evic taken under eminent domain neighborhood USWA demonstrators at US Steel laws whenever it is required for stockholders' meeting. land to expar LABOR RESEARCH REVIEW 11 the public's safety, health, interest or convenience, as determined by whatever government body is using it. During the early years of World War II, the U.S. government took over USS Homestead Works and other mills and modernized them in order to expand production for the war effort. Traditionally, eminent domain has mostly been used on behalf of railroads, utilities and other powerful corporations, at the expense of individual homeowners and workers. Whether it was taking land from the Indians for building railroads, taking bodies of water for producing power and electricity, or knocking down a whole neighborhood to build a plant, it seems that for years the public interest and "common good" have been identified with that of the rich and powerful. Since most federal and state lawmakers are controlled by the corporate class, eminent domain has been used primarily as a vehicle for their benefit. But there have been occasions (usually after some form of mass pressure) when eminent domain has been used by the government to build new roads and bridges, construct sanitary sewer systems, preserve forests, create national parks, build new schools and public housing and for other uses beneficial to the people as a whole. Because eminent domain has been used so extensively in the past to benefit private interests, some progressives have opposed its use in the fight against plant shutdowns. We have been accused of "leading people down a dead-end road." Our critics claim it's "too heavy" for the ordinary person to understand. But Tri-Staite has faith in the ability of the "ordinary person" to understand what is good for him. It was inevitable that the robber barons who ruled the new and growing industrial society would use eminent domain for their ends. But eminent domain is not merely a tool for the exclusive use of the rich and powerful. It is a weapon that can also be used to defend the people's interests, when put in the hands of political forces acting on their behalf. Eminent domain was never simply an abstract concept for Tri- State, something tossed around in words but left in the meeting hall when we returned to the real world. One of our members, Frank O'Brien, past president of USWA Local 1843 at J & L in Pittsburgh and a former Pennsylvania state legislator, had wit- nessed its use first hand. He had seen Jones & Laughlin use it to forcibly evict more than 500 residents of the Scotchbdttom neighborhood in Hazelwood; the company had said it needed the land to expand productive capacity, but ended up using it to store 12 Midwest Center for Labor Research coke. O'Brien also remembered how the Municipal Authorities Act of 1945 and its eminent dofriain power was used to raze the triangular "point" area in downtown Pittsburgh, uprooting dozens of small businesses, and to form the Port Authority from 32 formerly independent bus companies. While it was too late to use eminent domain in Youngstown (due to the lack of support for the idea by local political leaders, as well as the rapid development of the crisis), the appropriate lessons were drawn and actions taken. Within a year several steel workers, including Tri-State member and USWA Local 1397 President Ron Weisen, were elected to the Borough Council of West Homestead, where Mesta Machine Co. and part of USS Homestead Works are located. Around this same period, several other developments caught the eye of Tri-State members. In the battle by the City of Oakland, California, to keep the Raiders football team from leaving the city, the California Supreme Court ruled that eminent domain could be used to acquire any kind of property. Shortly thereafter, the Michigan Supreme Court ruled that Detroit had a right to condemn a major part of the Poletown section of the city so that General Motors could expand its plant. The Michigan Court ruled, definitively, that expansion of industry to retain or create jobs is a public purpose for which eminent domain can be used. During the latter part of 1981 and early 1982, Tri-State mounted an educational campaign in the Pittsburgh area about eminent domain and its possible use in condemning and seizing local steel mills. Midland-Crucible: The First Test The initial opportunity to use eminent domain came with the announcement, in the summer of 1982, of a shutdown of the Crucible Steel Co. mill in Midland, Pennsylvania, northwest of Pittsburgh. 5,000 jobs would be lost if the Crucible mill were shut down. According to newspaper reports at the time, the Cyclops Steel Co. wanted to buy the Crucible mill and had negotiated a contract with the local union, but Crucible would not sell the facility. A Tri- State member, Monsignor Charles Owen Rice, was invited by the local clergy to present our plan to the Midland local government. In Midland there were several factors which favored the use of eminent domain. First, a municipal authority with the power to invoke eminent domain already existed, so the time needed to LABOR RESEARCH REVIEW 13 es Act create such an authority ze the was avoided. Secondly, ooting Cyclops appeared to be a :om32 sure source of funding for the takeover, as well as the n(due operator of the facility. is well Finally, since Crucible is a essons relatively modern facility, Drkers, there would be no addi- it Ron tional financial burden for ;stead, immediate modernization. rks are The eminent domain ''weapon" received exten- ;ht the sive media exposure after kland, several Tri-State members, te city, including attorney Jay >uld be Valley. Hornack and Monsignor ;r, the Author^ Rice, explained how to use idemn it at a mass town meeting General in Midland. After a closed- ruled, door session of the )bs is a Midland Borough Council one week later, however, Dunted it was officially announced cninent that the eminent domain al steel gun would not be fired. Apparently, the idea was too big and scary for the local leaders. For sure, one factor in the failure of Midland to pursue the eminent domain strategy was that Tri-State was viewed by some as ith the an outsider in that tight-knit community (several Midland borough of the officials even accused us of being front-runners for Cyclops). A vest of related factor in Midland's decision was the lack of time they had re shut to seriously consider our plan. Finally, Tri-State did not have time to develop the active support of the Crucible steelworkers' union, »s Steel which was extremely worried about what effect a takeover would ontract have on their pensions. .ATri- by the The Nabisco Victory nment. The second opportunity for using eminent domain came in late use of 1982 when the Nabisco plant in Pittsburgh announced it was >wer to permanently closing its doors. 650 workers would lose their jobs. ?ded to Immediately some 30 religious, labor and civic groups (including 14 Midwest Center for Labor Research Tri-State) joined forces and formed the Save Nabisco Action Coalition