A person wearing a purple SEIU t-shirt speaks into a megaphone.
Credit: Aurora Biggers / Street Roots

Every year, hundreds of incarcerated workers, including children, fight the wildland fires that ravage Oregon. They earn well below minimum wage, with reporting from the Portland Mercury in 2020 indicating incarcerated firefighters earned less than $10 per day. The program comes with large cost-saving benefits for the state of Oregon, but the workers face significantly higher risks than the average incarcerated worker or even firefighters with stronger federal, state and union safety protections.

Aurora Biggers is a labor reporter turned organizer and communications specialist for Oregon AFL-CIO.

One of these workers was Brianna Marie Boyd. While serving a five-year sentence at Coffee Creek Correctional Facility, Boyd was a member of the fire crew.

“I never made more than $20 a day, and sometimes earned as little as $80 a month,” Boyd said. 

Workers have long utilized collective action to gain protections and improve their working conditions. But for incarcerated workers, the right to unionize is excluded. As with farmworkers and other vulnerable labor populations, U.S. law excludes incarcerated workers from legal protections for collective action or the right to refuse to work.

Unlike for farmworkers, unions do little to secure protections and improve working conditions for incarcerated workers. Unions like the United Farm Workers and Pineros y Campesinos Unidos del Noroeste organize farmworkers without legal protections and are widely supported by the labor movement.

The Incarcerated Workers Organizing Committee, affiliated with the Industrial Workers of the World, is the only union attempting to organize incarcerated workers en masse, with 21 locals in 16 states. There are 1,566 state prisons across the United States and nearly 100 federal prisons.

From firefighting and construction work to cooking, cleaning and hospice work, incarcerated workers are doing labor every day that would typically be represented by some of Oregon’s largest and most powerful public employee unions. Legal barriers may prevent unions from entering prisons, but unions exist because workers organized before there were any legal protections, and they have always been in the business of reshaping the labor economy.

Even if unions broadly aren’t interested in organizing incarcerated workers, incarcerated workers are. Sterling Cunio, an artist, author, activist, community organizer, and former incarcerated worker, organizes inside maximum security prisons.

“We did solidarity work around solitary confinement reforms, hospice reforms, education access,” Cunio said. “We led a campaign to abolish slavery from the Oregon Constitution.”

In 2022, Cunio helped pass Oregon’s Measure 112, which removed language in the Oregon Constitution that allows the use of slavery and involuntary servitude as criminal punishments.

Prisons are a ripe landscape for labor organizing, and it’s already happening, whether unions are involved or not.

“It’s constant,” Cunio said. “It’s not as prevalent as maybe it could be because they squash it,” he said of the corrections system. “They can make it really hard on people that advocate for something they don’t want them to have, but people do it anyway.”

If incarcerated workers could tap into well-resourced, organized unions, they could accelerate and radically shift the dynamic between incarcerated workers and the carceral system. Imagine unions clearing incarcerated worker debts and fines that correction officers tack on as punishments. Imagine unions taking collective action in response to conditions within prisons. Imagine unions lobbying to ban punishments for collective action and removing requirements for state prison inmates to work full time.

The shift starts with education.

“The biggest barrier to progress is stigma,” Cunio said. “These are people coming from our society, our community, and over 90% of the people inside are coming home. When you get people in there and you work with them like slaves and you’re not paying them anything, and then you bring them right back out here with no cushions, no resources to re-integrate, you’re contributing to crime and homelessness.”

While the imprisonment cycle may be profitable to law enforcement unions, it ultimately harms all working-class people.

“Unions should care (about incarcerated workers) if they care about safe societies,” Cunio said. “Very little crime is committed by somebody when they first get out. You see them come in at about 13 to 18 months, and it usually involves some type of destabilizing effect, loss of a job, something that others may be able to absorb if they have some type of savings or assets or resources.”

Boyd is a prime example. While in Coffee Creek, Boyd had the opportunity to join the Union Pre-Apprenticeship Construction Training, offered by the Ironworkers Local 29, Bricklayers Local 1, and Cement Masons Local 555. These unions are taking a first step towards organizing in prisons, offering incarcerated workers the opportunity to train and enter a union apprenticeship upon release. Incarcerated workers in the program are still paid below minimum wage by Coffee Creek, but have a higher chance of leaving the facility with career stability.

“The union has given me the opportunity to earn a livable wage and have benefits and opportunities that many non-union workers don’t have,” Boyd said. 

What if these benefits were extended to incarcerated workers? 

“(Prisons) have their rhetoric about how people are learning this skill and learning work etiquette and so on and so forth,” Cunio said. “Prisoner labor runs the institution. There’s no deficit in skill.”

Incarcerated workers may benefit from training in some cases, but they don’t need it. They need living wage jobs, debt forgiveness, safe working conditions and, ultimately, abolition.

As unions grapple with a desperate need to grow to survive, organizing incarcerated workers and ending mass incarceration is, at a bare minimum, a practical solution. 

A third of American adults have a criminal record. That’s a third of adults who at one point in time weren’t in the traditional workforce, causing a “chilling effect on the labor movement,” Andrew Bilodeau, a law student at UCLA School of Law, wrote in his article for the The Law and Political Economy Project, “Toward Labor Unions for Incarcerated Workers: An Organizing Strategy.”

Unionized workers have the power to organize their collective power to back incarcerated workers — we could fight for our fellow workers to improve their conditions, increase their wages, and eventually dismantle the carceral system. When we build our power and “solidarity” on top of an underclass, we leave a critical rot that will eventually eat away our strength and topple any progress we claim to gain. 

To prioritize the most exploited among us — the incarcerated workers, the farmworkers, the homeless workers, the child laborers, the workers in other nations that manufacture the conditions of our cushy lives — would be the truest form of solidarity and the only path to working class freedom.

Labor actions

On Aug. 12, Legacy Meridian Park technicians in Tualatin held a rally to demand a fair contract. 

“Legacy Meridian Park Techs have been working for months to win a fair contract that recognizes the critical care they provide every day,” their union, the Oregon Federation of Nurses and Health Professionals said. “Despite our commitment to reaching an agreement, Legacy continues to delay progress and has failed to offer the improvements workers deserve.”

Oregon Trail Electric Cooperative workers in Baker, Grant, Harney, and Union counties went on strike on Aug. 24. to protest OTEC’s violations of federal labor law, including the allegedly illegal firing of one of the linemen, and to secure a fair labor contract. 

Within days of the strike starting, the International Brotherhood of Electrical Workers Local 125, which represents the workers, announced in a press release that the cooperative had hired Minnesota-based strikebreaking specialist Strom Engineering, to bring workers from across the country to replace workers.

New campaigns and elections

In late July, members of the Oregon State University (OSU) women’s basketball team petitioned the Oregon Employment Relations Board to certify a union with the United College Athletes Association. OPB reported on Aug. 24 that the university had objected to the petition, arguing that the players were not technically employees of the university.

On Aug. 1, parking department employees for Rip City Management in Portland voted 23 to 1 to join the Laborers International Union of North America Local 737.

Workers for the Oregon Labor Federation, AFL-CIO announced on Aug. 7 that they had unionized with the International Longshore and Warehouse Union Local 5, securing voluntary recognition from the federation. The federation workers were originally represented by the International Brotherhood of Electrical Workers Local 48, but the union disclaimed the workers in April after they voted down a tentative agreement.

Sales employees at Mission Line & Uniform Service in Bend voted 10 to 1 on Aug. 13 to join the General Teamsters Auto Truck Drivers and Helpers Local Union 162.

Workers at PDX Sliders on Williams Avenue in Portland voted 15 to 1 on Aug. 19 to form an independent union.

On Aug. 19, physicians, physician associates and nurse practitioners at Samaritan Health Services in Corvallis filed to join the Northwest Medicine United Local 6552.

Drivers for American Rock Products in Hermiston voted 4 to 8 on Aug. 24 against joining the Teamster Food Processors, Chauffeurs, Warehousemen and Helpers Local Union 670.

Hood River Electric Cooperative workers voted unanimously on Aug. 26 to join the International Brotherhood of Electrical Workers Local 125.

On Aug. 31, baristas at an unspecified Starbucks location in Portland filed to join Starbucks Workers United.