Terry Mooney: Patriot Guard Riders

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1 Vol. 74, No. 2 Portland, Oregon Spring 2011 Repeal of Bargaining Rights in Wisconsin Likely to Impact CIC Members The Union Register interviewed Mike Pieti, Executive Secretary-Treasurer of the Carpenters Industrial Council, concerning his reactions and opinions con-cerning the repeal of collective bargaining rights of Wisconsin public employees and the potential impacts that action could have on CIC members across the country. Union Register: On March 9-10, 2011 the state legislature in Wisconsin voted to strip about 175,000 public employees of their right to bargain with their employer. What was your first reaction to this action? Mike Pieti: It is deeply troubling that workers, in this case public employees, are being blamed for state budget problems. Let s call this exactly what it is--a move by the right-wing of the Republican party to wipe out a major component of their opposition each election cycle. They believe that if they can destroy public employee unions their reelection will, somehow, be guaranteed. In addition, they are fulfilling the wishes of their most reactionary, anti-union corporate sponsors. of states is almost certain to grow. UR: You speak of the loss of collective bargaining rights by Wisconsin public employees as being a basic worker right. What do you mean by that? MP: There is nothing more basic in this country than workers having the right to have a voice in determining their wages, benefits and their working conditions and the only way workers can exercise that right is through their union. Think about it. Nonunion workers don t have a say. They don t fill out surveys about what they would like to see improved in their next collective bargaining agreement. They don t have the right to sit across the bargaining table through their representative and make arguments for improving conditions. Workers in our union vote on whether to accept a proposal made by the employer. You can t get more democratic than that and it is absolutely undemocratic and fundamentally wrong to strip workers of this right by merely passing a law---a law, by the way, that 62% of Wisconsin citizens opposed. UR: Do you think this action in Wisconsin will affect workers in other states? MP: There is no doubt in my mind that if this blatant violation of worker rights the right to have a voice and to be heard in the workplace---is allowed to stand in Wisconsin there will be a ripple effects in all states. There are similar proposals to deny public employees collective bargaining rights in Ohio, Indiana teachers and in Tennessee. The list UR: You mentioned that if the Wisconsin law stands there will be ripple effects. Do you think the effects will be felt in the private sector? MP: This action is likely to embolden right-wing politicians to do even more damage to unions both private and public employee unions. They ve demonstrated they lack any conscience whatsoever (Turn to Page 2) Joining the demonstrations at the capitol building in Madison, WI to protest legislation to strip public employee workers of their rights to collective bargaining is, (l to rt) Rich Bush, first grade teacher in Madison, Mike Pieti, Executive Secretary-Treasurer of the CIC, Angela Richardson, CIC Systems Director and Dan O Donnell, CIC Representative. WHAT S INSIDE? Regional Reports Midwestern See Page 4 Western See Page 8 Southern See Page 9 Hadley Appointed CIC President See Page 3 Combating Outsourcing to Save Union Jobs See Pages 6-7 Softwood Lumber Arbitration Moving Forward See Page 9 Colombia Sugar Workers Trial See Page 10 No Help From Washington, D.C. For Unemployed See Page 12 Terry Mooney: Patriot Guard Riders The Patriot Guard Riders, or PGR, was formed in 2005 to shelter and protect military families from protesters who began attending funerals of soldiers with signs claiming that their deaths were retribution for American tolerance of homosexuality. The independent Westboro Baptist Church outside Topeka, Kansas a church known for its extreme views on homosexuality started this protest movement at military funerals. The Patriot Guard position themselves to shield the mourners from the protesters and to block the protesters from the view of those attending the services of fallen military personal. They also drown out protesters chants with patriotic songs and by revving up their motorcycle engines. Terry Mooney, a 34-year employee in the Roseburg Forest Products sawmill and a member of Local 2949, is an active volunteer for the American Red Cross. He helps with blood drives. A fellow blood donor told Mooney about a new group being formed to escort fallen military men and women from air fields to home town funerals. Terry liked the idea and responded immediately. I had just bought a new bike, a 2005 Harley Davidson Deluxe, and this sounded like a wonderful way to honor the service of men and women who fought and died for our country, said Mooney. I m a Vietnam vet and served in the Navy. I always felt that veterans from that war didn t receive the respect they deserved when they returned home. Many communities didn t seem to appreciate the service they performed. The Patriot Guard was an opportunity for me to do something to make up for that neglect and honor the sacrifices made by military men and women killed in action and for veterans too. For the Mooneys, the Patriot Members of the Oregon Patriot Guard Riders position themselves outside a funeral service for a fallen soldier in Coos Bay, Oregon. This group was started in 2005 after a church in Kansas known for its extremist views on homosexuality started staging protests at military funerals all over the country. These volunteers form a solemn and respectful shield so families won t be disturbed by protestors. Terry Moony, a member of Local 2949 in Roseburg, Oregon, serves as coordinator/planner for the Southern Oregon PGR. Guard is a family affair. Terry s wife Linda and their daughter Christine are deeply involved in planning the rides in Southern Oregon and driving support vehicles that accompany the motorcycles. They also carry flags used in the ceremonial escorts. Mooney joined the Patriot Guard when the second escort ride was being organized. It was for Thomas Tucker, who was buried in Redmond, Oregon, on Sept. 6, When we arrived in the Redmond area we were just amazed to see 300 motorcycles that had come to join the escort, said Mooney. Since that first ride and escort, Mooney and his family have participated in 120 rides. They ve escorted coffins as far north as Yakima, Washington, and as far south as Crescent City, California. In addition to the motorcycle rides, the Guard also forms flight lines at funerals and cemeteries for the family. This a human corridor lined with solemn and respectful people, which allows the family to pass through without being disturbed by protesters. It also represents a very large thank you to the family. Mooney notes that Roseburg (Turn to Page 5)

2 2 SPRING 2011 UNION REGISTER...Bargaining Rights in Wisconsin (From Page 1) and they have proven they are in the pockets of corporate interests. What s to keep them from cutting back on state workers compensation laws or reducing eligibility for unemployment benefits? It wouldn t surprise me to see more state right-to-work proposals surface. In fact, Maine and New Hampshire have introduced socalled right-to-work bills. In addition, when these things happen private employers often take it as a signal to push concessionary demands and take advantage of their workers just because they think they can. UR For CIC members, what are the lessons learned? MP The first lesson is that union workers should never be complacent or comfortable about what they have. Everything we ve been able to win in the labor contract and the right to be treated fairly can be wiped out overnight. It says that workers must always be ready to fight together to maintain what they may sometimes take for granted. Now, to make even modest improvements our members will need to strengthen themselves, build resolve and prepare to mobilize and do battle. It s no longer acceptable to sit on one s hands. UR: Are there other lessons? MP: There is one very compelling lesson about putting legs under everything we do. By that I mean this action in Wisconsin can benefit us if we take it as the alarm bell. We must answer the alarm and begin reorganizing our members to stand up against greedy employers and to move towards solidarity actions to protect ourselves. For example, I m very proud to say that our local unions in Wisconsin understand the threat on their doorstep. They are Workers from many unions turned out in cold, snowy weather to demonstrate on the streets of Madison and on the grounds of the state capitol to convey the message that taking away basic rights of public employees is an injury to all workers. LETTER TO THE EDITOR I feel I must speak out about Fox News and Bill O Reilly s recent attack on organized labor. O Reilly aired a segment supposedly showing violence by protesting public employees and concerned supporting citizens at the State Capitol in Wisconsin. There were palm trees in the background in the clip, which turned out to be from some past protest in California. It is a blatant lie to attempt to paint the worst possible picture of unions and promote a union busting propaganda. I view FOX News, MSNBC and other news networks, then draw my own conclusions regarding the truth. The lies that O Reilly perpetrated in that broadcast really upset me as it should upset all good Americans. If our forefathers had not been diligent in their crusade, including loss of life, to form unions to provide decent wages, benefits and working conditions, none of us would be enjoying the good life as we know it. Take a good look at other countries that exploit their workers and outlaw unions. How many Americans would trade places with them? Please do not believe the propaganda that some news outlets are using to bombard the public. The truth is out there, seek and you will find it. Jay Perrizo Local 2961, retired St. Helens, OR turning out at rallies. They are circulating recall petitions on the state senators who led the union destruction plan. They are learning how to educate and mobilize more of our members so they can resist attacks that are likely to come from their own employers. They are becoming stronger, more united and more vocal trade unionists. UR: Do you think this action in Wisconsin could influence upcoming contract negotiations in the CIC? MP: I know one thing the employers we deal with are hoping events in Wisconsin will influence future contract negotiations. They will be probing to determine if our union has lost any resolve or whether our members are psychologically weakened due to the fact that Wisconsin public employees lost their bargaining rights. They will almost certainly test the waters to determine if our members are willing to settle for less. That s why I say those right wing anti-worker politicians in Wisconsin may have unwittingly done us a favor. Our union is best when it s unified and fighting for workers rights. I see strong signs that we are on the front edge of that wave in the CIC. By Dan Walbrun As a full-time union official, I am observing one of the greatest political debates of my lifetime, at times with amusement and also with terror. I should be grateful, I suppose, to Wisconsin Gov. Scott Walker for that, but the issues are complex and those who offer simplified answers scare me the most. The state of Wisconsin clearly has a budgetary problem, but this problem was not constructed by the state s unionized employees. These state workers, who are now being asked or forced to bear the brunt of resolving the budget crisis, were simply bargaining over their conditions of employment. I understand the ebb and flow of economic conditions and the ability to pay, as I have negotiated under some of the most adverse economic conditions imaginable. I think even state employees understand those cold hard facts. What is most confounding to me is the governor s refusal to even talk to those most affected by his legislation the public employees. It is clear that this struggle is not about what s right or wrong, but rather, what the governor can force through with raw brute force. Public officials and legislators who demonize state workers want it both ways. First, they say state workers should pay their fair share of benefits. These critics speak as though a contribution to one s own pension and health care plan is, somehow, a civic responsibility and a badge of honor. We all know that increasing the portion of the health care premium paid by workers doesn t solve the underlying problem of rising premiums. These same detractors have no The fight to preserve the right of Wisconsin public employees to have a voice in determining their wages, benefits and their working conditions through union representation is seen as a basic human right. A Republican majority in the state Senate and Assembly and the Governor repealed those rights on March 9-10, ManyWisconsin CIC local unions are attending protest rallies and circulating recall petitions against the group of senators who led the effort to eliminate the right of collective bargaining for teachers and state employees. All Workers Rights Are at the Heart of the Public Employees Battle in Wisconsin DAN WALBRUN solution of their own, but are rabid in their opposition to a federal law that seeks to restrain and to bring health care costs under control. Why are these so-called reformers laying all of the budgetary problems at the doorstep of unions acting as if society at large would magically be better off if there were no unions? They brag of their own independence and deride others for belonging to a union a union that may have negotiated a better deal. They claim that unionized workers have chosen foolishly because they desire to have a voice in their collective bargained wages, benefits and conditions. But why would elected legislators be comfortable with denying workers the right to organize, the right to have a voice and to bargain collectively? Workers, not probusiness Republican legislators, should decide whether workers want to belong to a union. That s the very definition of a democracy. Lost in the debate is the fact that unions are one of the last bastions of true democracy in this country one person, one vote. A union member chooses to participate or not, but at the end of the day, unionized workers live by the will of the majority. Employers can and do act collectively through their chambers of commerce, manufacturing associations, and lobbyists, but when workers act in unison that action is somehow portrayed as dangerous. Make no mistake about it, this is a political struggle about the basic human and worker rights of all American workers. It should not be a crime for workers to unite and to act in their collective best interest as union members. Unions have wrongly been placed on the defensive and they should not apologize for their actions. So which way is it, every man for himself, worker against worker, or collective action? There has been an exodus of manufacturing jobs over the past 20 years. Union and non-union factories are closing at an alarming rate. These jobs have disappeared as corporations sought to exploit workers in low-wage countries where workers have no voice or rights to organize. It was Mahatma Gandhi who warned us against pursuing commerce without morality. Remember the good old days when one living wage job could actually support a family? Workers in all walks of life are trying to do more with less, trying desperately to make ends meet. The United States of America is the only industrialized nation in the world without a clear manufacturing policy and that is a problem not whether or not public employees (Turn to Page 3)

3 UNION REGISTER SPRING Tony Hadley Appointed President of the Council Following his retirement, Larry Wyatt resigned his post as the President of the Carpenters Industrial Council at the Executive Board meeting held February 19, 2011 in Roanoke, Virginia. In the wake of this retirement and Steve Herring s retirement, Executive Secretary- Treasurer Mike Pieti made appointments to fill out the terms of several offices left vacant on the CIC Executive Board. Elections will be held at the May 2011 convention. Tony Hadley was appointed to serve as President of the CIC. Hadley is a CIC Representative working with local unions in the southern states. Prior to the merger of the four industrial councils in 2006 Hadley served as the Vice President of the Southern Council of Industrial Workers. Tony has demonstrated genuine leadership qualities as he faced numerous challenges in the field. He is thoughtful and has made a valuable contribution to the deliberations of the Executive Board as the Board has dealt with the merger transition and the major change made in the per capita formula. He s definitely been tested by fire, said Pieti. Greg Carter resigned as Trustee of the Council because his other responsibilities made it difficult for him to attend trustee meetings and to do the periodic audits required by the by-laws. Pieti then appointed Carter to Vice President of the Southern Region. This enables Carter to continue to serve on the Board. Pieti then filled the position of Trustee for the Southern Region by appointing Hurdley Fontenot. Fontenot is President of Local 3101, Oakdale, Louisiana. He served on the special task force that examined the financial condition of the Carpenters Industrial Council and crafted the per capita formula approved at the August convention. Finally, the seat of Board Member At-Large for the Southern Region was filled with the appointment of Pearldene Williams of Local 2285 in Vicksburg, MS. Williams is Financial Secretary-Treasurer of her local and served on the Board of the Southern Council of Industrial Workers before the merger in TONY HADLEY The Secret Life of Peggy Wilms Pearldene Williams (l) and Hurdley Fontenot were appointed to the CIC Executive Board. Williams was appointed as Board Member At- Large, Southern Region, replacing Tony Hadley. She is a member of Local 2285 in Vicksburg, MS. Fontenot was appointed as a Trustee from the Southern Region. He is currently the President of Local 3101 in Oakdale, Louisiana....Workers Rights (From Page 2) have the right to bargain over working conditions. I hope and pray that a civil discourse on the type of community we will leave to our children will re-emerge after settlement of this divisive budget battle in Wisconsin. We really are in this together. We will be left trying to live out our lives after this most aggressive attempt by the far political right and corporate interests to deny workers their basic and fundamental rights in the state of Wisconsin. (Editor s Note: Dan Walbrun is a member of Local 2832 in Neenah, WI. He worked at Eggers Industries for 10 years.he is the former Executive Secretary-Treasurer of the Midwestern Council of IndustrialWorkers and is currently an International Representative for the United Brotherhood of Carpenters.) President Obama s Council on Jobs and Competitiveness Meets President Barack Obama announced in January that he was creating a new advisory council to give him recommendations on creating jobs and ensure competitiveness of the U.S. The Council is made up of 20 corporate and investment leaders and two union officials. The chair of the advisory group is Jeff Immelt, CEO of General Electric a company well known for it s far-ranging global investments and the off-shoring of thousands of American jobs. One wary commentator said, The Council on Jobs and Competitiveness looks more like a council on how to lose more jobs from America and still keep the big companies profitable and rich investors rich. The first meeting of the Council was Feb. 24 and the chair spelled out five objectives: 1) to hear from the diverse group from different industries, 2) focusing on job creation like a laser, 3) develop short-term tactical approaches to creating jobs in areas like education, global trade, economic integration and energy, 4) a goal of reporting recommendations to the President in 90 days, and 5) ensure there is public outreach across the country. In this meeting there was emphasis on building more solar energy capacity and retrofitting buildings to make them energy efficient. The President said he wanted to hear the views of the group on streamlining regulation, as long as public and environmental health wasn t compromised. Peggy Wilms has a secret side that few people know about. At her day job in the CIC Midwestern office in Oshkosh she processes membership records and per capita records for CIC local unions. She is quiet and gets a little nervous if someone keeps her away from her work for too long. She is a member of Local 2832 and is covered by a collective bargaining agreement. But below the surface of this quiet, hardworking and unassuming woman is a person dedicated to making her community a better place for people struggling to make ends meet. She doesn t just do charity work she attacks charity work with passion and with dogged determination. Three years ago Peggy agreed to volunteer with her daughter at the food pantry in Oshkosh. It s called Father Carr s Place 2B and is a major center in the area providing shelter for the homeless, 75 beds for men and 75 for women and children, plus a free clinic and a food pantry. She continues to go every Thursday to lay out groceries in a way that allows those coming in for food to select items much as they would in a grocery store. Her husband, Bob, is also involved. He was named the food pantry coordinator last November. The food pantry receives donations from many sources and it is a challenge to clean the warehouse, sort through the items that arrived during the week and then to arrange them in an appealing display. The food pantry serves about 150 families each Friday from 9 a.m. to noon. At Christmas time we arranged gifts in much the same way as we do groceries to make it more like a store, said Wilms. We wanted to give people dignity and not make them feel as though it was a hand-out. In addition, Wilms is an active member of her church community. She has organized rummage sales at her church to raise money for youth mission trips, and co-chaired the local Relay for Life fundraiser for cancer research for seven years. Putting together the Relay for Life is extremely time-consuming, reports Wilms. You re working on everything from the disc jockey to food to signing up the various teams, securing sponsors and publicizing the event to get a big turnout. Wilms was inspired to be a chief organizer for the Relay for Life because she has a sister and two good friends who survived cancer. She started out by just walking on a team and then began doing more and more as she got pulled in. It was hard work but it was also a lot of fun, said Wilms. PEGGY WILMS When Wilms oldest son graduated from high school he applied for a number of scholarships to help him with college expenses. He had good grades but didn t qualify for any scholarships because the Wilms family income was above the maximum for most scholarships. They were in the middle income bracket and, as a result, couldn t qualify. Wilms felt frustrated by this and did something about it. Middle income kids with good grades and a good citizenship record need help with college too, said Wilms, so I decided to start a scholarship fund. After doing extensive research Wilms decided on attaching her scholarship fund to an existing foundation called the Oshkosh Area Community Foundation. This approach saves money because the foundation does the oversight and administers the funds, Wilms pointed out. It would have been much more expensive to create a new nonprofit foundation. Wilms raised money for the fund by first writing letters to friends and family asking them to contribute. She also does an annual rummage sale and a white (Turn to Page 5) ISSN X OFFICIAL LABOR NEWS PUBLICATION published quarterly for the Carpenters Industrial Council UBC and its Affiliates Periodicals Postage Paid at Portland, Oregon Subscription Rate $9.00 per year, Advertising Rates on Application PUBLISHED THE FIRST FRIDAY QUARTERLY. By the Union Register Company, an Oregon Corporation All Copy must be received by third Monday, prior to publication date. UNION REGISTER COMPANY OFFICERS Mike Pieti, Secretary-Treasurer Tony Hadley, President Paul Marks, Vice President Greg Carter, Vice President Dan O Donnell, Vice President Editorial and Business Offices: S.E. Stark St., Portland, Oregon Telephone (503) tjohnston@cic-ubc.org Carpenters Industrial Council Offices: S.E. Stark St., Portland, Oregon Telephone (503) The UNION REGISTER (ISSN X) is published quarterly the first Friday, for $9.00 per year by the Union Register Company, S.E. Stark Street, Portland, Oregon Periodicals postage paid at Portland, Oregon. POSTMASTER: Send address changes to UNION REGISTER, S.E. Stark Street, Portland, Oregon

4 4 SPRING 2011 UNION REGISTER Arbitrator Reverses Termination at Huttig Building Products Funds Recovered for LaPorte, IN Members After Plant Shutdown Members of Local 3056 received same-day notice that Ampcor II, a manufacturer of casket hardware, would close the LaPorte, Indiana plant. The company had no funds available to run the facility. The company owner said they couldn t even pay the crew for the work they had performed Monday through Thursday of that last week. The company refused the union s requests for financial information relating to the wages owed so the union resorted to filing an unfair labor practice charge with the National Labor Relations Board and a lawsuit against Horizon Bank, the bank that seized the company s assets. The attorney retained by the Carpenters Industrial Council applied an old Indiana law that said wages owed employees could be collected from the bank in cases where assets were seized. Unfortunately, the law had not been updated for many years, so the maximum payable was set at $600 per worker. The bank agreed to a settlement of $600 per worker. An arbitrator ruled on January 27, 2011 that Kevin Terry was terminated unjustly by Huttig Building Products in Columbus, OH. The arbitrator ruled that, after a three day suspension, Terry was entitled to return to his job without loss of seniority, pay or benefits. The arbitrator felt that the termination was too harsh a penalty for the question Terry asked an African-American co-worker that had racial overtones. Terry testified that he did not intend to offend his fellow member and the arbitrator pointed out that the company did not do an adequate investigation before firing Terry. This is an example of the extreme sensitivities that must be observed when grievances and arbitration cases involve two members. Local Union 2077 was in an awkward position because one member accused another of making a racially degrading comment. The local had to be thorough and careful as they dug into the facts and circumstances surrounding the incident. When this happens we must do our best to be objective and sensitive to everyone involved, commented Carpenters Industrial Council Representative Steve Griffith. It is uncomfortable and sometimes all parties are not happy with the outcome but we try to stay focused on the facts, the contract language and the past record of the member involved. One of Terry s fellow workers was offended when Terry asked him a question that he felt had negative racial connotations. The co-worker is African-American and Terry is Caucasian. The arbitrator noted in his opinion that the company had an obligation to maintain a zero tolerance policy regarding work place discrimination and harassment and he also pointed out that this policy was well known by all Huttig employees. The arbitrator was troubled because the company did not investigate in more detail the complaint of different treatment for African/American and Caucasian employees that came up in the arbitration hearing. If the company had established this to be a fact, coupled with the insensitive question Terry asked his co-worker, the termination might have stood. But, the arbitrator did not believe there was any pattern of discrimination demonstrated by Terry. The arbitrator heard testimony that this was an isolated event and that during his seventeen years in the plant, Terry had not been seen or heard making any discriminatory remarks or acting in a biased way. Terry pointed out that his question was an innocent one and that he did not mean to offend his co-worker. The company had refused Terry s request to talk to his accuser so he could offer an explanation. The arbitrator said this short circuited the due process that should be provided to an employee when severe discipline like termination is carried out. Finally, the arbitrator wrote that because this was Terry s first violation of the company policy that termination was too excessive. The arbitrator indicated that the appropriate penalty was a three day suspension without pay. Arbitrator Reinstates Matthew Rannow at Goebel Fixtures in Minnesota Matthew Rannow was terminated by Goebel Fixtures on October 13, 2010 after logging into work eleven seconds late. Rannow had been stopped and detained outside the plant by a police officer for allegedly traveling two miles per hour over the speed limit. Goebel Fixtures in Hutchinson, MN uses a no-fault attendance policy and logging in eleven seconds late caused Rannow to receive an additional one-quarter point. This gave him 9 points the level that called for termination. Local 1865 pursued this case through each step of the grievance process and then appealed it to arbitration. On February 28, 2011 the arbitrator ruled that the company did not meet the just cause standard on this termination and restored Rannow s job with full back pay. Initially, since this is a no-fault attendance policy, we weren t sure there was anything we could grieve in the termination, commented shop steward Jeff Ballard. But after investigating all the circumstances, we felt that letting this man go was unjust and that it was worthwhile pursuing the case to arbitration, if need be. It is gratifying to know the arbitrator felt the same way. The company argued in the arbitration hearing that the no-fault policy was reasonable and should be strictly interpreted. They went on to say that the fact that Rannow was only eleven seconds late was irrelevant--late is late-- and since the tardiness on October 13th put him at a total of 9 points, the policy dictated that he be terminated. The union argued that the no-fault attendance policy did not mean that the company could ignore the just cause standard, that there was a good reason why Rannow was late and that being tardy by eleven seconds was so minimal that it would be unjust to uphold the termination. What is meant by just cause? This is the accepted standard arbitrators use to determine whether or not an employer is justified in terminating or disciplining an employee. It says that each case is unique and a review of the offense and the circumstances surrounding it, the grievant s record and the totality of circumstances must be considered when examining the fairness of discipline. The arbitrator noted that the point system used for attendance was not absolute. When the no-fault policy was put in place a different arbitrator had actually recognized that there might be circumstances arise in the future where this policy would be considered unreasonable. In addition, leniency and exceptions had been made in the Matthew Rannow of Local 1865 in Hutchinson, MN, was terminated by Goebel Fixtures under a no-fault absentee policy because when he logged in to work 11 seconds late it put him at nine points the number calling for termination. The arbitrator put him back to work with full back pay because leniency had been shown before when assessing points and because the company testified that for some tardiness situations they might refrain from adding points. policy in different situations. The company admitted that for some hypothetical absences, like a person being involved in an auto accident on the way to work, the company might not levy points (it was the company president s call). And before the Rannow termination was decided, two supervisors talked with the shop steward about the possibility of granting leniency due to the police stop in front of the plant. The fact that leniency was discussed by the supervisors, combined with the other evidence of uneven treatment for some absentee issues, caused the arbitrator to conclude that the policy had not been applied in a straightforward, non-discriminatory manner. In other words, despite the hard language of the no-fault policy, past practice and actions taken with respect to tardiness and absences persuaded the arbitrator to rule in Rannow s favor. Finally, the arbitrator pointed out that because the logging in process done with a mouse on a computer screen takes more time than just punching a time card, Rannow could have actually started the log in process before the 6:00 AM starting time. Members in Louisville Make Contract Gains After Three Years of Sacrifice Members of Local 2501, Louisville, Kentucky, have made sacrifices the last three years to help keep Anderson Wood operating. Their patience and willingness to continue working hard has paid off. The market for handrails and bunk-bed ends and other specialty wood parts has improved over the last year and this allowed the crew to approve a three year contract that provides for wage increases in each of the three years 23 cents per hour the first year and 2% in the second and third years. The company contribution to the health care plan will increase by 3% of the total premium in the second and third years. Members also approved a new health plan provider that saves money. Some were able to move into the more generous plan and reduce their out-of-pocket deductible by $2,000. The weekly disability benefit was increased by $20 per week in the second year and another $20 in the third year. The negotiating committee also worked hard on work rules that mattered to the membership. For example, during high heat days in the summer the afternoon break will be extended by an additional five minutes and the attendance policy was changed to allow employees to attend funerals of family or friends not covered by the Funeral clause. There was a collective sigh of relief that the worst days of the recession are behind AndersonWood Company and the members of Local 2501.

5 UNION REGISTER SPRING Peggy Wilms secret life (From Page 3) elephant auction. Approximately 25 persons attended the first annual white elephant auction last year and the event raised $800 for the scholarship fund. Everyone had a great time and I think we can get a bigger turnout next year, commented Wilms. Wilms is also in the process of producing a cookbook with favorite recipes to raise money for the fund. The fund started in 2008 and will be able to give out full scholarships of $1,000 per year when the fund reaches a self-sustaining level of $10,000. To date, the fund has reached $4,500. While waiting for the fund to reach this minimum level, she raised funds separately so that $500 scholarships could be awarded in 2008, 2009 and in Wilms reports that the criteria set for awarding scholarships is a recommendation from an adult mentor, graduation from a public school, a 2.5 or better grade point average and a student deemed to have a good heart as evidenced by their outside activities to help others. The web address for the scholarship is I get inspired by projects to help others and I ve always been a doer. I m definitely not a sidelines person, concluded Wilms. The Oshkosh community can certainly attest to that as they watch Peggy Wilms charge forward into the next charity project. Settlement Reached at Jeld Wen-Norco Windows in Hawkins Peggy Wilms works in the CIC Midwestern office in Oshkosh, WI. processing dues and membership records for local unions. But in her secret life she does an amazing amount of volunteer work for local charities like the food pantry at a homeless shelter, the Relay for Life fundraiser for cancer research and she even started a scholarship fund for graduating high school students who want to attend college because she saw a need that wasn t being filled. The Occupational Safety and Health Administration (OSHA) has pulled back on a proposed rule that would require small businesses to report musculoskeletal disorders (MSDs), like carpal tunnel, on the OSHA accident reporting log. It appears the federal agency is feeling the pressure from small business because their Jan. 25 announcement said that they would seek more input from small businesses on the impact of the proposal. This, despite the fact that only 15 percent of small businesses are even required to fill out the form, called the OSHA 300 Log. This issue goes back to the Bush Administration when in 2001 OSHA proposed a new reporting column for the form---one for musculoskeletal disorders (MSDs). The Bush Administration stopped this proposed reporting requirement and the Obama Administration began the process of restoring it after a March 2010 hearing. The January announcement to delay the rule was a complete surprise. This is a modest but necessary tool to begin identifying which injuries are MSDs and this is the first step to focus attention on how they can be prevented. The withdrawal of the proposed Most Common Workplace Hazards and Injuries Thirty-four million workdays are lost each year due to workplacerelated accidents and illnesses. Of these, 6 million are due to injuries and 28 million (82%) are due to workplace illnesses. The most common hazards are manual handling/lifting, sitting for long periods and handling harmful chemicals. Four out of 10 accidents are classified as trips/slips with electrical incidents coming in second. The most common injuries are sprains and strains. Below that are back injuries, head injuries, neck and repetitive strain injuries. Less commonly reported illnesses are occupational asthma, deafness, vibration white finger and dermatitis. More than 30 million workers are potentially exposed to one or more hazardous chemicals, yet, the failure to have a Hazard Communication Standard (HCS) in place is the most cited OSHA code 50 percent of all citations are for failure to implement a HCS. The HCS requires that the chemical manufacturer s Material Safety Data Sheet (MSDS) be available for every chemical in the plant, that data sheets be available to exposed workers, that workers be trained on the safe use and handling of chemicals, and that a written HCS program is available to all employees. OSHA Pulls Back on Reporting Requirement for Musculoskeletal Injuries rule change came one week after President Obama directed federal agencies to do more to reduce burdens on small businesses. Not surprisingly, the U.S. Chamber of Commerce and other business groups have been vigorously opposing this rule for many years. In fact, the Republican-led Congress overturned the rule in 2001, before it took effect. Despite economic hard times in the window industry, Jeld Wen plants being closed and periodic layoffs Local 1435 managed to squeeze out a three year contract settlement with Jeld Wen-Norco Windows in Hawkins, WI. Members voted to ratify the new agreement on February 28, The contract provides for wage increases in the second and third years of 1% and 1.5%, respectively. The defined benefit pension plan was frozen and a 401(k) plan put in place. The employer contributes 2% of employees earnings, plus a one-for-one match for employee contributions up to 1% of earnings. The defined benefit plan was not adequate to provide a good retirement and no one lost benefits because everyone in the plan is vested, noted Don Paul, Vice President of the local and a member of the bargaining committee. The health care plan stays in place without change. The bargaining committee was encouraged by some of the gains made in contract language. One change involved temporary transfers to higher paying jobs which happens a lot in this plant. Previously, the transferred employee received what was called an incremental increase but not the full rate on the upgraded job. That was changed so the transferred worker will now receive the full rate on the newly assigned job. This will help a lot of people, said Paul. These are tough times and it was nice to conclude a clear cut three year contract, said Shaun Best, a member of the negotiating committee. We succeeded in putting some problem issues in order, such as the holiday pay clause. Under the holiday pay provision employees are required to work the day before and the day after a holiday to qualify for holiday pay. These negotiations made it clear that a day of vacation before or after a holiday would be considered a day worked for purposes of receiving holiday pay. In another language change the union will be more involved in the annual job evaluation ratings to insure oversight and fairness. Terry Mooney (r) and his wife Linda are pictured above right at a Patriot Guard Riders mission in Coos Bay, Oregon. Mooney is a member of Local 2949 in Roseburg, Oregon, and has been active in the Patriot Guard Riders since The Patriot Guard Riders shield military funerals and mourners from protesters and demonstrations with motorcycle escorts (pictured above)....patriot Guard Riders (From Page 1) Forest Products has been very supportive of his activities. The company is understanding and flexible with Terry on using his phone at work when arranging missions and allows him to give short notice to take vacation time to plan and carry out escorts and funeral services. Mooney is Southern Oregon District Captain for the Patriot Guard. The Guard, he explains, rarely deals directly with the family of the deceased veteran. His is the only civilian organization recognized to work directly with the Department of Defense to coordinate funeral services. Mooney organizes and coordinates rides through a Causality Assistance Officer. But there are times when the work gets close and personal. Mooney relates an instance where he personally knew the fallen soldier and was also very close to the family. That is especially difficult and emotional. I just try to keep focused on helping the family through that very sad day with dignity and by showing respect for their sacrifice, said Mooney. Commenting on the union, Mooney draws a close parallel between what he does for his military comrades and the union. The union is a brotherhood, a lot like the military.we are like a family.we work closely together because of our bond and we are quick to come to the aid of our fellow members, concluded Mooney. We take care of one another. If you would care to find out more about the Patriot Guard Riders the website is guard.org.

6 6 SPRING 2011 UNION REGISTER Combating Outsourcing: Lessons Learned From the Fight to Retain Union Jobs After two decades of steady decline in U.S. manufacturing, American industrial workers are now facing increased workforce constriction due to the global economic recession. Employers are desperate to cut costs, and are looking to outsourcing as a way to reduce overhead and production costs at the expense of American jobs. One of the main causes of the manufacturing decline has been U.S. companies outsourcing entire production facilities overseas. But outsourcing also includes importing components produced by foreign or domestic companies, replacing portions of the manufacturing process that used to employ union workers. In addition, employers can subcontract maintenance work or other jobs inside their facilities to outside agencies. In the current economic climate, locals unions are learning that fighting outsourcing is crucial to keeping their members employed. Cutting production costs is part of the corporate mission and outsourcing is seen an easy method to eliminate employee overhead. As locals across the country have often demonstrated, outsourcing does not always save money. By exploring the true costs of outsourcing with employers and through contract negotiations, locals unions have succeeded in preventing outsourcing and saving union jobs. HOW UNIONS HAVE APPROACHED OUTSOURCING Union efforts to limit outsourcing, or to set conditions that must be met before outsourcing can occur, have taken a variety of forms depending in part on what could be negotiated with the company. Listed below are examples of how unions have attempted to curtail or put limits on subcontracting in collective bargaining agreements. Some of the examples are used in combination with one another. Prohibition The company will not subcontract work that is regularly performed by employees in the bargaining unit defined by the recognition provision, unless the work cannot be done in house because of the lack of machinery, equipment, tools, manpower or skills to meet customers time schedules. Company Intent It is not the intent of the company to subcontract out any of the work customarily performed by regular employees in the bargaining unit. New Construction Only The company will not subcontract work normally done by production and maintenance employees of the bargaining unit except for new construction, including major installation, major replacement and major reconstruction of equipment and production facilities. Prohibit Subcontracting if it Harms Present Employees Any work contracted out by the company will not cause layoff, curtailment below a normal workweek or demotion of any regular employees. Notification The company will notify the union in writing of any bargaining unit work being considered for outsourcing. The notice will include reasons for the proposed outsourcing, a detailed description of the work being proposed for outsourcing and a detailed breakdown of the costs and cost savings of the proposed outsourcing. Proof of Lower Cost Before subcontracting any work covered by the bargaining unit the company must present all cost information to the union committee and demonstrate that the total cost of subcontracting is lower than the cost of doing the work in house. The company will give the union sufficient time to conduct independent research on the comparative costs of subcontracting versus keeping the work in house and then discuss alternatives with the union committee. ExistingWork Being Subcontracted In areas where the company is presently subcontracting work the company will provide all relevant data and information to the union. A joint union-management team will then be formed to evaluate whether work presently being subcontracted could be performed internally on a cost competitive basis. Decision Subject to Arbitration After the union committee has reviewed the data and information related to the work the company is considering for outsourcing the company will meet with the union committee in an effort to resolve any differences. The union will have the right to suggest possible alternatives to outsourcing the work. If unresolved at that level, the matter will be referred to Step of the grievance procedure to be discussed by the plant superintendent and the Representative of the Council. If unresolved at that level either party can refer the matter to Step, and the arbitrator will have the right to fashion a remedy he deems appropriate. Perry Osier is keenly aware of the inefficiencies caused by outsourcing the cut stock. He fabricates door components for expedited orders and replaces defective components on the assembly line. Because he often does not have the correct inventory of cut stock on hand he is forced to cut down larger sizes, which is extremely wasteful. INSIDE THE SIMPSON DOOR COMPANY On a rainy morning in McCleary, Washington, Local 2761 President Vincelle Calica speaks to fellow members that have experienced, first hand, the impact of outsourcing. In November of 2010, Simpson Door Company outsourced their entire cut stock department, bringing in lumber already cut to size from Sierra Pacific Industries and several other suppliers. The move cost 25 employees their jobs, and Calica estimates that at least 20 additional employees will be laid off as a result of the outsourcing in the near future. Calica filed two grievances against Simpson for eliminating bargaining unit jobs without bargaining the effects or the reasons for the decision. The local s current contract with Simpson expired on March 9, 2011, and members want new language that prohibits outsourcing of production that affects bargaining unit employees. On Feb. 9, 2011, members voted for approval to take economic action if necessary. What bothers Calica the most is that she and many of her fellow employees believe the outsourcing and resulting layoffs were not necessary to reduce the cost of inhouse cut-stock production. Beginning in April of 2009, Simpson implemented a new lean manufacturing system. Lean manufacturing originated with Toyota s production philosophy and focuses on reducing waste throughout the manufacturing process. In McCleary, plant management saw outsourcing as a means of eliminating waste in the cut-stock department. When things are going wrong in a section of the plant, their solution is to outsource, said Calica. For them, it is easier to outsource cut-stock than to fix the problems in the cut-stock department. Employees at the McCleary plant have historically cut all the fir and hemlock stock, and sliced all the fir and hemlock veneer for door production onsite. When Simpson began looking at outsourcing in October of 2010, the local requested that Simpson share the cost quotes they had received from prospective suppliers. Although it appeared more cost effective to outsource production, Calica and other employees point out that the outsourced cut stock costs the company significantly more due to additional labor, quality control issues, and limited availability. Violet Haney works in the veneer processing section of the plant and is responsible for receiving, grading, and sorting the veneer pieces that are eventually laminated onto solid wood doors. Since Simpson began bringing in fir and hemlock veneer from outside vendors, she claims that the quality of the product has dropped, causing increased waste and inefficiency. The veneer that we ve been getting has pitch pockets and knots that are not acceptable, said Haney. Some of it is narrower than it is supposed to be. We have to cut it to the next usable width, and it is very wasteful. Similar problems have occurred with the outsourced cut stock. Employee Steven Legacy sorts and transports door components to the assembly line. After discarding 20 percent of the outsourced cut stock, he said that plant management told him to stop grading it, creating potential quality issues down the line. We had some stock that was too wet, but they said to run it and see how it works, said Legacy. The problem is that it will machine fine, but when it gets out in the field and dries, it is going to split right open, and there is another claim against us. Although increased claims are not usually factored into outsourcing cost calculations, they can be very costly to manufacturers. Processing claims involves more than repairing or replacing doors with quality issues, it also includes transportation costs, which can require expedited shipping. According to Calica, Simpson s McCleary plant averages between $66,000 and $125,000 in claims per month. In December of 2010, that number jumped to $200,000. Employees at Simpson have also witnessed inefficiencies stemming from the limited availability of cut stock and veneer. Perry Osier, who fabricates door components for expedited orders or to replace unacceptable components on the assembly line, explained that he frequently does not have the correct stock to fill his orders, so he is forced to cut larger stock to size. We don t have enough solid lumber to make doors with existing stock, so there is a lot of waste, he said. Importing cut stock also eliminated the plant s previous barcode system, where each piece of stock was labeled after it was cut so it could be tracked through the production process. Before outsourcing, all the wood had a barcode system, but now printed tags are used, said Osier. There is no way to track anything we ship out. We went so far backwards it is unbelievable. Despite numerous issues with outsourced products, Calica says there are rumors that Simpson will outsource all the plant s saw-filing and grinding operations, eliminating even more jobs. FIGHTING FOR IN-HOUSE PRODUCTION The inefficiency that employees have witnessed in the McCleary plant is one of the key reasons that outsourcing rarely works as planned. Bill Rose, who is now a CIC organizer, worked for 20 years at Interkal, a Japanese-owned producer of stadium bleachers in Kalamazoo, Michigan. In the late 1990s, Interkal moved the production of one of the bleacher components, called a combo bracket, from their Kalamazoo facility to an outside contractor. At the time, the contract between Local 2776 and Interkal contained a broad and lenient clause allowing company to subcontract and outsource for economic reasons. Before the move to outsource, Rose worked on the production of the combo brackets. Through his own calculations, he estimated that Interkal could produce a bracket in-house for $0.29 in labor costs. He took this information to the Chief Steward, who learned that Interkal was paying roughly $2 per part they received from the outside contractor. We used the data to figure out the actual cost to make things at Interkal, and it was a lot cheaper to make them in-house than outside, said Rose. They were paying for the other company s overhead, sales people, and management. After four weeks, Rose and the leader-

7 UNION REGISTER SPRING (ABOVE)The danger of entering the cut stock department at the Simpson Door plant in McCleary,Washington was reduced to zero when in November 2010 the company made the decision to shut down the saws and bring in cut stock from outside suppliers. As a result, 25 members of Local 2761 were laid off. (ABOVE RIGHT) The department that was once humming with saws and conveyers to produce cut stock in the Simpson Door plant is now being used to store stock brought in from several different vendors....outsourcing (From Page 6) ship of Local 2776 participated in a time study with Interkal engineers to observe the cost of producing a combo bracket in-house. The results of the study, along with continued pressure from members of the local, swayed company management to bring the production of combo brackets back to their Kalamazoo facility. In subsequent contract negotiations, Local 2776 added language that requires Interkal to demonstrate that outsourcing is more cost-effective than producing parts in-house. This discussion takes place in a joint outsourcing committee composed of members of the local and company representatives. When you can prove you can save money for the company, why wouldn t you put that in the contract, said Rose. WHAT LOCALS NEED TO KNOW Despite their success with the combo brackets, the outsourcing battle for Local 2776 did not end there. Bill Rose, a CIC Organizer, worked for 20 years in the Interkal stadium bleachers plant in Kalamazoo, MI. While in the plant Rose did some research and calculated that it was cheaper to make a combo bracket (used to secure folding bleachers) inhouse rather than using an outside contractor. As a result, the part was brought back into the bargaining unit. Like many manufacturers affected by the recession, Interkal continues to look for ways to cut production costs, and outsourcing is always an option. Interkal has been working with us pretty well, but we have to constantly prove ourselves, said Todd Pressley, the current president of Local Pressley advises that local unions be proactive and work with the employers to discuss not only production costs, but quality and workflow issues that arise with outsourced components. The key to outsourcing and being able to keep it in check is to be proactive, he said. If you have questions, ask them. If you don t like what is going on, confront it. Local unions should also look to tighten the language that addresses subcontracting during their contract renewals. The Management Rights clause permits company management to make decisions about production, but this can be amended with language that prohibits outsourcing work normally done by bargaining unit employees or to require the company to demonstrate the cost savings of outsourcing work. Outsourcing is not limited to component production. Companies often attempt to subcontract maintenance work or other services. CIC representative Tony Hadley works with two local unions that recently filed grievances against Boise Cascade for outsourcing several maintenance-related tasks in two of their Louisiana facilities. Most likely we will see more of this type of subcontracting, he said. Employers want to do everything they can to restrict the size of the maintenance department because it typically contains some of the highest paid positions in the plant. Although these instances caused only a loss of overtime for bargaining unit employees, Hadley acknowledges it is crucial for local union leadership to ensure that employers adhere to the outsourcing language in the contract and prevent them from setting a precedent that outsourcing can take place. Maintaining constant vigilance and making progress towards adding more stringent outsourcing language is critical in the battle to keep union jobs. (RIGHT)Steven Legacy sorts and transports door components to the assembly line at the Simpson plant. He said that much of the cut stock now being brought in is below grade. Management instructed him to stop grading it and send it on to assembly but Legacy points out that this causes more defects in the final product and more rejects and claims against the company. He asks, how does this save costs? Outsourcing Has Been Very Costly for Boeing Boeing s 787 Dreamliner aircraft is billions of dollars over budget and almost three years late. Much of the blame can be placed on the company s policy of farming out work to suppliers around the country and in foreign countries. This was the conclusion reached by reporter Michael Hiltzik in an article that appeared February 15, 2011 in the Los Angeles Times. The article notes that the biggest mistake people make is to talk about outsourcing as a moral issue. The real problem with outsourcing is that it wrecks businesses and drives costs up not down as often claimed. Much of the blame for being behind schedule and billions of dollars over budget on the 787 Dreamliner is the company s quantum leap in farming out the design and manufacture of crucial components to suppliers in the U.S. and to Italy, Sweden, China and South Korea. Boeing s dream was to save money but the reality is that it would have been cheaper to keep a lot of that work in-house. The 787 has more foreign-made content 30% than any other Boeing aircraft. The 747 airliner had only 5% foreign-made content. Boeing s goal was to use the factory at Seattle as an assembly plant, putting the modules together as they came in from around the world. Problems emerged early when parts didn t fit together and suppliers failed to meet their output quotas. This created a huge logjam in production since parts are needed in precise sequence. Boeing executives now admit that the company s aggressive outsourcing put it in partnership with suppliers that weren t up to the job. Jim Albaugh, Boeing s commercial aviation chief, told students at Seattle University, In hindsight, we spent a lot more money trying to recover than we ever would have spent if we tried to keep many of the key technologies closer to Boeing. The pendulum swung too far. Boeing was warned about the potential problems associated with excessive outsourcing in 2001 by senior technical fellow L.J. Hart-Smith. He told the company that increasing the outsourcing of parts and components would raise Boeing s costs and steer profits to its subcontractors. That s exactly what happened because Boeing gave technical assistance to its suppliers when they ran into problems but retained the least profitable aspect of the manufacturing process final assembly. The company s unions were singing from the same song book for the last five years but were dismissed as merely trying to preserve jobs. The union was ahead of the company on this score but, despite the dismal track record of outsourcing at Boeing, there are still company executives who support extensive subcontracting. They feel that only a few refinements are needed to make it work.

8 8 SPRING 2011 UNION REGISTER Union Activist Gary Howe Retires from Martell, California Mill On January 14, 2011 Gary Howe hung up his tools for the last time. Howe completed thirty seven years at the particleboard plant in Martell, California. He was active in Local 2927 from almost the first day he walked into the plant. Getting involved in the union was just the right thing to do, said Howe. These companies don t get rich being nice guys and the union is the only thing that keeps them from running over people. There is strength in numbers and, really, when it comes right down to it, who stands up for a worker fellow workers and the union, that s who. Howe served as a shop steward, as the Financial Secretary and he was elected four times as the local union President. Howe attended four International UBC conventions. When Howe first came into the plant complex he worked in the bark plant. He moved over to the plywood plant as a laborer, then to the planer and finally to the particleboard plant where he entered the millwright training program. Howe actually helped finish the particleboard building in Some of those early years were spent fabricating machine guards to prevent accidents. Safety, fortunately, has a much greater emphasis now than it had back in the 70s, commented Howe. He recalls having to cut away part of a conveyor with a torch when a worker s leg was caught. The operator lost his foot but the fast Gary Howe retired after 37 years in the Martell, CA particleboard plant. A true union activist, he served as a steward, as Financial Secretary and four terms as the President of Local action by Howe and others probably saved the member s life. Howe noted that a great deal of his time in the plant was spent maintaining the Kimwood sander. He joked that the sander must have come over on the Mayflower but, That old machine is amazing. It just keeps running strong of course with superior maintenance even when the plant went to a twenty four hour, seven day operation. Howe added that he is sure the crew will keep that sander going for another few hundred years. The maintenance crew is a quality bunch of guys with tons of experience and knowledge. I would put them up against the best in the industry, he said. It seems that you spend more time with the men and women in the plant than you do with your own family, observed Howe. You really get to know your brother and sister members very well and I will certainly miss all of them. The particleboard plant was bought and sold five times during Howe s tenure. At times it was a real test but the union and the members stood strong to maintain the contract, the wages and the benefits each time it changed hands. Howe takes great pride in the accomplishments of the union he helped lead for many years. He recalls, for example, two different arbitration cases won by the Carpenters Industrial Council. They concerned pay increases because the job content had changed in several maintenance department jobs. One award increased the rate by 50 cents per hour and that was paid retroactively to twenty people for twelve months. Do the math on that one and tell me what union membership gets you, said Howe. The first time Howe heard Jim Bledsoe speak at a Western Council Convention he knew he was in the presence of a very smart, dedicated and skilled labor leader. Our council has been extremely fortunate with our leadership, noted Howe. We ve had top level leaders who believe in the membership and will fight for them. They make me proud to follow and support them, concluded Howe. Brother Howe is thankful that his many years of membership will allow him to draw a good pension benefit and have an individual account to fall back on. He also is entitled to retiree health benefits thanks to the Bledsoe Health Trust plan. In retirement Howe will be able to spend time with his wife of thirty nine years, Sheila, his two daughters and his five grandchildren. He will also relax by devoting time to gardening and building bird houses. 50-Year Gold Card Awarded to Member of Local 2652 in California James Nelson is shown holding his fifty year gold membership card, awarded by Local 2652, Standard, California. Nelson worked for 23 years at the plywood plant in Standard, CA before retiring in 1983 and credits his union job and a hard work ethic with helping him put three sons through college. (Note: This photo was erroneously identified as Monty Moncrief in the Winter 2011 edition of the Union Register. Our apologies to the Moncrief family and to James Nelson.) James Nelson is a union man through and through. At age 89 he still carries two dues books one from the Teamsters union and another from Carpenters Industrial Council Local I can thank this union job and a hard work ethic for helping me put three sons through college, said Nelson. Nelson was recently honored with the presentation of a fifty year gold membership card from Local 2652 in Sonora, California. He retired in 1983 after working twenty three years in the Standard, California plywood mill. Nelson started when the mill first opened in 1960 and, like many plywood hands, worked many different jobs. He started out doing clean-up and pulling on the green chain, worked as a spotter, bander operator and then moved to the head clipper job. He recalls that he was making $16.00 per hour when he retired. When asked about the most exciting thing that happened to him while working in the mill he held up his hand with the tips of three fingers missing. His fingers were caught between a sprocket and a chain when it was turned on without warning. He also remembers breaking his hand one winter. After the cast was put on his hand, the doctor told Nelson to stay off work for three weeks to heal. Despite the doctor s advice, Nelson kept his cast hidden in his jacket sleeve and continued to work. Nelson was born December 20, 1921 in McAlister, Oklahoma and he remembers riding in a covered wagon from Oklahoma to Missouri at eight years old. When Nelson was seventeen he went to work in the California Conservation Corps and three years after that enlisted in the Army. In the Army Nelson found himself in Germany assigned to an ambulance unit. Our job was to transport wounded soldiers from the front lines back to field hospitals, noted Nelson. During his three years in the service Nelson received five Bronze Stars for being in five major battles. He recalls seeing General Patton one day and giving him a salute. James Nelson and Mary have been married over fifty years and all three of their sons became Eagle Scouts. One son is the Chief Financial Officer and Executive Vice President of a major corporation, another is a minister in a Baptist church and the third son is Chief Engineer over all mechanized units of the U.S. Army. Nelson and his wife have nine grand children and twelve great grandchildren. I m very proud of my sons and their families. I think they had a good foundation, being raised with union values of looking out for others, said Nelson. Nelson points out that retirement has been easier because of the health care benefits available through the Bledsoe Health Trust. It s the best insurance we ve had in our lifetime and we both really appreciate all the work the union has done to build up the benefits, concluded Nelson.

9 UNION REGISTER SPRING Local 2848 in Fort Worth Wins Holiday Pay Grievance BlueLinx Corporation, a building materials trucking and distribution company in Forth Worth, Texas, agreed to pay Christmas holiday pay to eight workers in response to a grievance filed by Local The company, in October, notified the crew that since Christmas fell on Saturday employees would be allowed to take a personal day off work with pay instead of taking the Monday after Christmas off as a paid holiday. The company wanted to remain open on the Monday following Christmas. Employees were required to take the personal day off before January 1, All except eight workers took the personal day off work. When Keith Warren, a member of Local 2848, inquired about losing his Christmas holiday pay he was informed that since he did not take a personal day off, as directed by the company letter, he would not receive holiday pay. Warren called the CIC representative Greg Carter and a grievance was filed a few days later. The grievance was based on contract language that said when a holiday fell on a Saturday or a Sunday that, if the union and the company agreed, a personal day off could be substituted when the company desired to keep the facility open on a regular weekday. In the grievance meetings the union pointed out that the union had not been consulted nor had it agreed to the arrangement to allow employees to take a personal day instead of the Monday after Christmas. The company answered the grievance on January 25th and agreed to pay the eight workers eight hours of holiday pay on their next paycheck. The eight workers received a total of almost $1,000. This case illustrates the importance of having a written contract and making sure that the company follows the rules set down in that contract. The grievance procedure allowed the union to react quickly, point out the error the company had made and to get the error corrected. As Keith Warren said, This shows that it pays to be union. Stewards from Local 3101 in Oakdale, LA and 3094 in Florien, LA attended the shop stewards training class held January 14, 2011 in Leesville, LA. The four-hour class covered investigation and how grievances are processed through the different steps. The class also discussed how to approach new employees to ask them to sign up to become union members. This group had a lot of new stewards and Tony Hadley, the CIC Representative who facilitated the class, reported that they were enthusiastic and fired up when they left. In fact, Local 3101 almost doubled membership in their local because they worked hard to reach out to the many new hires the company had recently put on the payroll. Arbitration for British Columbia Softwood Lumber Case Moving Forward An arbitration case against British Columbia for violating the terms of the 2006 Softwood Lumber Agreement (SLA) is moving forward after the two countries failed to reach an accord in consultations conducted last fall. Under the provisions of the two-country trade agreement, disputes are referred to the London Court of International Arbitration. The U.S. has nominated Mr. Veeder of the United Kingdom as one of the three-person panel and the Canadians nominated Professor Van den Berg of the Netherlands as their representative on the panel. The next step is for these two nominees to select a third arbitrator who will serve as the chair. Veeder served as one of the arbitrators in a previous arbitration case where several eastern Canadian provinces were found guilty of exceeding the quota amounts of lumber they were permitted to export into the U.S. under the SLA. Once the third panelist is selected the three arbitrators will establish a hearing schedule to review the facts and hear testimony in the case. The U.S. will be presenting evidence that British Columbia is providing illegal subsidies to lumber producers in the interior of BC through a dramatic reduction of stumpage fees paid to the provincial government for government-owned timber harvested by such companies as Canfor, West Frazer and Tolko. The subsidy is provided, U.S. evidence shows, by a manipulation of the log grading system. There has been a very large increase of so-called grade 4 logs flowing into BC interior mills. The volume of this mainly pulp wood log has increased from around 15% two years ago to about 50 to 60% currently. This is significant because the price of a grade 4 log is only 25 cents per cubic meter compared to $6 or $7 per cubic meter for grade 2 saw logs. Because the amount and quality of lumber being produced remains virtually unchanged, despite the greater use of so-called low quality logs, it is very strong evidence that the grade 4 logs are being misclassified. This misclassification gives BC interior producers an immense advantage over U.S. lumber mills because U.S. mills generally pay a market price for logs based on an open auction system. In BC, by contrast, the prices of logs are administered by the government with the primary purpose of making the mills profitable during weak markets. On other fronts a Lumber Trade Caucus has been established in the U.S. Congress to advocate for full and vigorous enforcement of this trade agreement. It is a bipartisan group of Democratic and Republican members of Congress and it is co-chaired by Peter DeFazio D-OR, Cathy McMorris-Rodgers R-WA, Mike Michaud D-ME and Walter Jones R-NC. Humor at Work: It s a Good Thing During tough economic times, when worry and stress are running high, it may be difficult to think about the positive value of humor in the workplace. A leading psychologist, Steven Sultanoff, argues that humor is, in fact, an essential ingredient to a positive and productive workplace and is even more important as stress levels rise. Sultanoff points out that humor serves many functions. It facilitates communications in a non-threatening way, builds relationships, reduces stress and energizes people. Humor can cut through difficult emotional situations, for example, when work loads In addition to providing oversight on enforcement of the SLA this group is expected to examine changes in trade law that would add fairness and balance to enf0orcement of all trade agreements. CIC local unions have been communicating with their members of Congress asking them to join this caucus. The issues are clear for CIC local unions unfair actions by the Canadians under the Softwood Lumber Agreement that make it difficult for U.S. mills to compete are job killing violations. In addition, once trade pacts are signed the U.S. government has an obligation to its citizens to enforce those agreements with every means at their disposal. This Congressional Caucus will serve as a watchdog to insure that the Obama Administration is acting aggressively to close off all violations. are heavy. One machine operator being pressed for more output posted a sign that read, I have only two speeds. If this one isn t fast enough then I m sure you won t like the other one. The sign diffuses the worker s frustration and hopefully, elicits a smile from the foreman. Humor is a great stress reliever because it makes us feel good. At the moment we experience humor, feelings like depression, anger and anxiety dissolve. Laughing makes a person feel physically better lighter and more relaxed. Another way humor oils the gears at the workplace, says Sultanoff, is by providing perspective such as things aren t really as bad as they seem. Consider the Ziggy cartoon where Ziggy is lying on the psychiatrists couch and the psychiatrist is saying, The whole world isn t against you there a billions of people who don t care one way or another. And humor does contribute to higher worker productivity, says Sultanoff. For all of these reasons Sultanoff says that companies should develop a culture that uses humor to reduce stress and provide perspective. Humor is an asset and should be encouraged to lighten the seriousness at work.

10 10 SPRING 2011 UNION REGISTER Personal Finance Eliminating Credit Card Debt: There s No Easy Way The ad sounds too good to be true consolidate all of your credit card debts into one easy monthly payment at a low interest rate! The next ad arrives and it sounds even better let us settle your credit card debt for a fraction of what you owe. All we require is a modest up-front fee. If you are struggling with excessive credit card debt and making only minimum payments each month or have fallen 60, 90 or 120 days behind, these two ads may sound like the answer to your problem. Beware! The two approaches represented by these ads are full of pitfalls and dangers. Unfortunately there is no easy way to offload your credit card debt without addressing the core problems that created the mess in the first place. The debt is still there and could hurt your fico credit score if you opt for one of these two easy solutions. And the spending habits that got you in bad shape to begin with are still there. Basically, you cannot borrow your way out of debt. Heavy debt is usually a symptom of overspending and not setting enough aside for savings. One survey showed that in 78% of cases where credit card debt was consolidated into one easy monthly payment, the large debt grew back in a short period of time. That s because there is no plan to budget expenditures, to cut unnecessary spending and to stop using credit cards. Debt consolidation works like this---a loan company pays off your credit cards and then issues you a loan for that amount at a lower interest rate to be repaid over a longer term. This reduces your total monthly payment. While this may sound like a good deal, it actually causes you to stay in debt longer and to pay out more interest over the term of the new loan. For example, if you had two credit cards at a 10% and a 12% rate and an outstanding balance of $30,000 you would pay a total of $40,000 to pay off those loans in 2 years and 4 years. If you were to consolidate those two credit card loans into a single 6 year loan at 9% your monthly payment would decline by about $500 per month but you would end up paying $5,500 more in interest payments over the 6 year repayment period. How about the ad that urges you to allow a settlement company to settle your credit card debt for a fraction of what you owe? Let s examine how this scheme works. Assume that you owe $10,000 in credit card debt. You will ordinarily pay an up-front fee to allow the settlement company to negotiate on your debt. This could be as high as $2,000 to $4,000. Then, you agree to pay a percentage of the eventual settlement amount. You are instructed to stop making payments and as your account falls further and further behind your fico credit score plunges downward. When it s fallen to miserably low levels the settlement company calls the credit card companies and offers to settle your debt for 30% or 50% of the balance due. Because the credit card company has watched your credit score fall through the floor they are more inclined to settle for a fraction of the balance due. The wreckage left behind is that your credit is pretty much ruined and this settlement does not prevent the credit card company from coming back to you for the remaining balance. To insure against this, the settlement company should get a statement from the credit card companies that this settlement causes the account to be paid in full and that you are released entirely from the original debt. You ll also need a release from the settlement company stating that you will not owe federal taxes on the unpaid balance. Rather than risk going to a debt settlement company it is much preferable to bargain yourself with the credit card company to persuade them to accept something less than you owe. Credit card companies report that they do not give preference to settlement companies over individuals in these discussions. You may also find it helpful to contact a nonprofit reputable credit counselor to work with you on a debt management plan. To find a credit counselor, go to the web site for the National Foundation for Credit Counseling at or call Even better, this may be the time to take control of your debt by cutting up the credit cards and devising a payment plan to eliminate the debt in a systematic and regular way. This can be done by first paying off the card with the lowest outstanding balance. Pay the minimum amount due each month plus an additional amount to reduce the balance owed on that card. The minimum is paid on the other cards. When the first card is paid off apply the amount dedicated to the first card plus the minimum being paid on the second card to card #2 until that card is paid off. An ever increasing monthly payment can then be applied to each successive card until all cards are paid off. You didn t get into debt overnight so don t expect easy quick fixes to eliminate your debt overnight.

11 UNION REGISTER SPRING Spying and Sabotage Against Colombian Sugar Cane Workers Revealed During Trial The trial in Southwestern Colombia to hear charges against four sugar cane strike leaders and their two advisers connected to the 2008 strike is now into its sixth month. The trial moves forward at a snail s pace with only two or three court dates scheduled each month. As of March 1, 2011 there have been only 10 court sessions conducted in Buga, Colombia. The prosecution has been presenting witnesses throughout this first phase of the trial and the defense is expected to begin calling witnesses in late April. There has been a string of sugar company security officers, company-paid informants, and so-called officials of companydominated unions testifying for the prosecution. Concrete evidence against the six defendants has been nonexistent or speculative in nature. But the real story is what s been revealed about the systematic campaign by the sugar cane companies to establish armed camps in the refineries, to illegally infiltrate and spy on the sugar worker meetings, to engage in sabotage in an effort to blame sugar workers for violence and to concoct stories to connect the workers to illegal leftwing terrorist groups. A company security official responsible for surveillance cameras and forming the armed camps in the Providencia and Manuelita refineries made the unlikely claim that he was a unionist fighting for the rights of direct employees. Direct employment, in this instance, would be considered a company-dominated union in the U.S. While direct employment with the sugar companies was one of the issues won in the 2008 strike (previously it was a system of third-party subcontracting on a day-by-day basis) this security chief was twisting the meaning because most of the workers who engaged in the 2008 strike have been terminated and replaced by new direct employees. This same security chief also admitted to having a close relationship with the informant who infiltrated the worker movement in When the undercover informant testified, he contradicted testimony of the security official by saying he was unaware of the security chief s recordings of meetings held by the sugar cane workers. This witness didn t deny making his own recordings and he lost further credibility when he changed dates, names of workers who attended meetings and the number of workers who attended meetings from his prior testimony. This same witness implicated himself by admitting that he had a role in setting fire to a sugar cane field in an attempt to tarnish the defendants. One of the most outlandish and unbelievable parts of the testimony was when this same company-paid informant said he witnessed one of the union s advisers go to a remote location in the western mountains of the region to receive money from an illegal armed group (FARC). This testimony was complete hearsay and could not be substantiated by any eye witness or by any other means. It s an example of the extreme measures being used by the sugar cane companies to discredit workers who were merely attempting to improve their economic lives with a work stoppage. During the court hearing conducted in early March, prosecution witnesses characterized the demands made The Colombians are urging the U.S.to drop opposition to the proposed Free Trade Agreement so any mention of abuse of worker rights has an elevated impact at this particular time. by the cane workers to establish a system of direct e m p l o y m e n t (rather than third-party subcontractor employment called cooperatives), to improve wages and the act of holding public meetings as criminal activity. This is a reflection of how far outside the world mainstream Colombia s employers walk. Workers, even in Colombia, have constitutional rights to assemble and to strike to demand respect and a decent living. Apparently, the giant land holding, politically powerful sugar cane companies are unwilling to admit that workers have these fundamental rights. During the 2008 Colombian strike, sugar cane workers and their supporters conducted public marches and demonstrations to show support for demands to improve working conditions in cane fields and in sugar refineries. In the trial against four strike leaders and two of their advisors public demonstrations like this were characterized as criminal activity by the prosecution. U.S. EMBASSY OFFICIAL ATTENDS COURT HEARING The work the Carpenters Industrial Council to shed international light on the plight of the sugar cane workers is beginning to show dividends. After the CIC and other organizations called for an official of the U.S. Embassy to visit the trial in Buga, Colombia, Elizabeth Hoffman, Labor Liaison at the Embassy, made a trip to southwest Colombia and attended one of the court hearings in late February. She also took the time to have lunch and listen to some 40 cane workers who were also attending the trial. This is extremely important. The Colombian government and the Colombian court system must be made aware that there is great concern in the U.S. over whether these labor leaders receive a fair trial. In other developments, the CIC urged the Obama Administration to discuss the sugar cane workers trial with a delegation of Colombians who visited Washington, D.C., in early February. The Colombian delegation was led by Vice President Angelino Garzon and the issue of the ongoing trial in southwest Colombia was raised as a U.S. concern. The Colombians are urging the U.S. to drop opposition to the proposed Free Trade Agreement so any mention of abuse of worker rights has an elevated impact at this particular time. The CIC also received assurances that the sugar cane workers trial would be on the agenda later in February when a delegation from the U.S. Trade Representative s office visited Colombia to discuss obstacles that remained before the U.S. would seek approval of the Free Trade Agreement in the Congress. Six Members of Congress Call on Obama to Protect Sugar Workers Rights in Colombia Six Democratic Members of Congress have asked President Obama to guarantee the rights of workers and trade unions in Colombia before any Free Trade Agreement is submitted to the Congress for ratification. The letter, dated March 17th, transmits a memo that, in addition to spelling out labor rights conditions that should be met, also sets out specific protections that should be extended to sugar cane workers. If implemented, these measures would require the Colombian government to do the following for the sugar cane workers: Eliminate third party sub-contractors, including the use of cooperatives. President Santos would direct the Colombian Ministry of Labor to give support for removing the cooperatives and to transition workers into the formal workforce with direct contracts. The President would provide protection for sugar cane workers during this transition. The six Members of Congress signing the letter were James McGovern (D-MA), George Miller (D-CA), Rosa DeLauro (D- CT), Michael Michaud (D-ME), Janice Schakowsky (D-IL) and Linda Sanchez (D-CA). WILL OBAMA SUPPORT THE COLOMBIA FTA? It appears the Obama Administration is moving towards endorsing a Free Trade Agreement with Colombia. The Chamber of Commerce and U.S. corporations are pushing hard for ratification of the agreement. In a March 9 dispatch, Trade Representative Ron Kirk stated that the unresolved issues with Colombia have been narrowed and he thought those could be resolved in a short time. One of the unresolved issues is the continuing level of violence directed against trade unionists in Colombia and the failure of the authorities to prosecute the murders. It s referred to as the impunity issue. The Colombians claim they ve made improvements in the murder rates against trade unionists. In 2008 there were 49 documented cases of union activists being killed. In 2009 there were 47. Although the final numbers for 2010 are not yet in, one source reports there were 42 murders of union activists through the first eleven months of the year. That can t be considered progress by any standard of justice! While it might represent a very small reduction once the final numbers are in, human rights groups in Colombia point out that many union assassinations are covered up or misclassified as merely a dispute between two people. In other words, the figures are uncertain. In a piece entitled Colombia s Anti-Union Violence Rules Out FTA Ross Eisenbrey of the Economic Policy Institute wrote, Even if the number of murders had fallen to zero last year, it would be far too soon to reward Colombia for an improvement. The violence against unionists in Colombia has been so vicious and overwhelming that there should be no trade deal until years have passed without any further incidents. In addition, Eisenbrey points out that fewer than 10 percent of the unionists murders have been successfully prosecuted and many of those hearings are conducted without the accused murderer being in custody or present at the trial. A high percentage of unionists killed have been linked to private paramilitary groups financed by large multinational corporations like Dole, Chiquita, Del Monte, Coca Cola, Nestle and the Drummond mining company headquartered in Alabama, Eisenbrey noted. The U.S. should not reward a corrupt and violent business community with a trade agreement.

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