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Corporate Social Responsibility
News
8.25.2003 ET
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CSR News from:
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PACE International Union
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News Category:
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Ponca Tribe and PACE Union Hold Protest March Condemning Environmental Pollution and Employee Lockout
Legal Actions Announced
(CSRwire) PONCA CITY, OK -- Native Americans in traditional
attire joined with union members and local farmers today in Ponca City, OK
to confront Taiwanese-owned Continental Carbon Company with charges of
environmental pollution, creating public health risks, and causing
"economic havoc."
The groups held a news conference and ceremonial dance in a field next to
the plant and the homes of Ponca Tribe members. Families living in the
area regularly complain of carbon black dust that rains-down on their
properties and in their homes. This pollution, they claim, has worsened
since the company locked out members of Local 5857 of the PACE (Paper,
Allied-Industrial, Chemical & Energy Workers) International Union.
At the News Conference held in front of a traditional teepee, members of
the Ponca Tribe and their attorneys announced the filing of a Civil Rights
Complaint against the State of Oklahoma, and a pending lawsuit against the
company for personal injuries and property damages resulting from the
pollution. Union members detailed the company's unfair labor practices and
the severe economic hardships suffered as a result of being locked out of
their jobs for over two years. They also linked an increase in pollution
complaints, since the lockout, to the company's replacement of experience
union employees with fewer and less experienced temporary workers.
Immediately following the News Conference, members of the Ponca Tribe, the
union, and other concerned citizens marched together -- on foot and
horseback -- to the gates of the plant where they presented the company
with a copy of the Civil Rights Complaint and a list of Demands. The
groups demanded that Continental Carbon: stop polluting the environment;
compensate pollution victims; allow a "citizen inspection" to make sure
the plant's operations are as safe and clean as possible; move the
wastewater lagoons from their present location over shallow aquifers -- or
rebuild them to current standards with liners and monitoring wells; and
that the company put members of PACE back to work. The day's activities
concluded with songs and dances indigenous to the Ponca Tribe.
Continental Carbon was purchased in 1995 by subsidiaries of The Koos Group
of Taiwan, a $36 billion Taiwan-based enterprise owned by the powerful Koo
Family of Taiwan. The Ponca City plant processes waste oil and sludges
from refineries to manufacture the carbon black used in tires and plastic
products. All three of the company's plants in the U.S. have been the
target of environmental lawsuits.
The Ponca Tribe, which was first detected by the Lewis & Clark Expedition,
originally settled in Northern Nebraska. According to Tribe Activist Casey
Camp, in 1876, they were forced to walk to Oklahoma in the winter for
resettlement -- a trek in which one of three died. Today, approximately
2,500 of the 24,000 residents of Ponca City are members of the Tribe.
"Where once we died from relocation, today we are being killed with
pollution," she said "Our people are dying from cancer and suffering from
asthma and congestive heart failure, and why? The answer is because
companies like Continental Carbon value their profits more than the lives
of our elders and children. The earth, air and water are sacred and too
important to be polluted for business profit."
Speaking for the Tribe, Environmental Program Director Ron Sherron said,
"What we have are a group of Americans, who happen to be Native Americans,
that are being denied their basic freedoms. Their freedoms have been
stripped away by a Taiwanese company that knows it is in the wrong because
it has compensated non-Native American victims and purchased some of their
homes." Those homes, he noted, are further from the plant than Ponca
homes.
In November 2002, PACE and Tribe filed a lawsuit against the company
alleging violations of the Clean Water Act associated with illegal
discharges found leaking toward the Arkansas River nearby. PACE and the
Tribe also filed a 'Notice of Intent' to file a lawsuit alleging
violations of the federal Clean Air Act. At the News Conference residents
displayed examples of carbon black dust, polluted furnishings, and "black
snowballs" saved from the winter.
Attorney Michael C. Bigheart, announced the filing of the Civil Rights
Complaint on August 25 with the U.S. Environmental Protection Agency (EPA)
against the Oklahoma Department of Environmental Quality (DEQ). It charges
the state agency, which receives federal funds, with discriminatory
permitting and enforcement practices in violation of Title VI of the Civil
Rights Act of 1964. "These discriminatory practices allow for pollution and
health risks that DEQ officials would never tolerate in their own
communities," he said. The DEQ has even stopped sending investigators to
respond to citizens' pollution complaints, he added.
Bigheart also announced that he would soon file a series of individual
lawsuits against the company seeking to recover damages for personal
injuries and property damage. Causes of action contemplated are
negligence, private and public nuisance, trespass, strict liability and
taking or damaging property for private use. He will also ask the court to
enjoin the company from continuing its pollution, he said. The City of
Columbus, Georgia and local businesses filed a sued Continental Carbon
Company because of the same kinds of pollution problems being experienced
here, he noted.
Speaking on behalf of the PACE Union was Todd Carlson, the Chairperson of
the Locked-Out Workers Committee. Carlson and 85 other employees, all
members of PACE, were locked-out of their jobs after they refused to
accept severe cuts in pay and benefits that would have cost each employee
about $35,000 per year. "Continental Carbon has been allowed to assault
the economic health of our community and our environment," he stated, "The
reinstatement of a PACE-represented workforce would be a huge step in the
right direction to rectify both situations."
According to Carlson, the number of citizen complaints and days of
pollution events had increased in the two-year period since the lockout,
compared to the previous two-year period before the lockout. "This shows
that a Union -- represented and trained workforce is a community's first
and best line of defense against chronic polluters like Continental Carbon
Company," he said.
SOURCE PACE International Union
Web site: http://www.paceunion.org
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