Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and Their Families—All Paid for by the U.S

Ba k e r y , Co n f e c t i o n e r y , To b a cc o Wo r k e r s a n d Gr a i n Mi l l e r s International Un i o n

Ju l y / Vo l um e 11 Augu s t 2009 Numb e r 4 the PRESIDENT’s MESSAGE Standing in the Way of Change

“If we are able to stop Obama on most spectacular towers in any city are owned by the (health care), it will…break him.” insurance companies. —Senator Jim DeMint, Their mission is to make the largest profit possible, Republican of South Carolina not to provide health care for the premium payers. When elected officials are beholden to the health insurance companies rather than to our citizens, “This isn’t about me. This isn’t about politics. This is about progress and fairness don’t have a chance. This insidious a health care system that is breaking America’s families, relationship is the primary reason the United States is breaking America’s businesses and breaking America’s the only industrialized country in the world that doesn’t economy.” guarantee quality health care for all of its citizens. —President Barack Obama And the very same politicians who would deny health care coverage for all Americans are out there every The last eight months have made it abundantly clear day fighting to deny workers the right to organize and that changing the way business is done in Washington form a union where they work. Tis going to be a monumental challenge. Barack Obama The very same corporate interests that are spending won the presidential election in a landslide on a platform millions of dollars to defeat health care reform are of creating a bold new policy direction for the country— spending even greater sums to defeat legitimate labor law away from the harsh policies that rewarded corporate reform and the Employee Free Choice Act. greed and toward policies that create a government that is This is the stranglehold insurance companies and big more caring and supportive of its citizens. corporations have over health care and labor policy in Despite the clear message from voters last November, this country that President Obama is trying to break. congressional Republicans and more than a handful of He never took campaign contributions from Democrats are resisting the change President Obama corporations and owes his election to working people. The promised and the voters demanded. Nowhere is this President stands independent. And his strongest and most disconnect more evident than in the battle to reform our reliable ally in the struggle to change the way government nation’s broken health care system. treats it citizens is the American labor movement. The health insurance and pharmaceutical industries President Obama’s success or failure will have an are once again lavishing massive financial contributions enormous impact on working families and our American on our elected representatives and spending millions of democracy for decades to come. dollars on a deceitful, vicious advertising campaign to stop effective health care reform legislation; legislation Frank Hurt that will lower health insurance and prescription costs for BCTGM International President workers and their families, force freeloading companies to provide health insurance for their employees and guarantee affordable, quality health care coverage for all Americans. The very same senators and representatives who take the contributions and oppose fixing the system enjoy the finest health care coverage in the world for themselves Official Publication of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and their families—all paid for by the U.S. taxpayer. 10401 Connecticut Avenue, Kensington, Maryland 20895-3961 In fact, at a recent town hall meeting in Iowa, a (301) 933-8600 citizen asked Senator Grassley how he could get the same www.bctgm.org quality health care coverage that the Senator had. Senator Frank Hurt, Editor Grassley—a Republican and one of the fiercest opponents Corrina A. Christensen, Assistant Editor of government support for health care (except when it BCTGM General Executive Board comes to himself)—cynically responded, “Go work for the President Frank Hurt • Secretary-Treasurer David B. Durkee federal government.” Executive Vice President Joseph Thibodeau • Vice Presidents It is this type of hypocrisy and insensitivity on the Steve Bertelli • Anthony L. Johnson • Sean Kelly Micheal T. Konesko • Arthur Montminy part of elected officials that the American people voted to Robert Oakley • Randy Roark end last November. BCTGM General Executive Board Members In the Boardrooms of the largest insurance Joyce Alston • Edward Burpo • Randy W. Fulk companies in the country, the discussion is always about Butch Henley • Johnny Jackson • Paul LaBuda how to increase profits and never about finding ways Richard Lewis • Narcisco Martas • Danny Murphy Vester Newsome • Ron Piercey • Donna Scarano to lower costs and provide families with better, more Brad Schmidt • Doyle Townson affordable coverage. They squeeze ever-greater profits by BCTGM News (ISSN 1525-4860) is published bi-monthly by the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, 10401 Connecticut Avenue, Kensington, MD 20895-3961. Periodicals postage paid at denying as many claims as possible and charging people Kensington, MD and at additional mailing offices. Subscription to new members only. Postmaster: Send address more and more for coverage. There is a reason the tallest, changes to BCTGM News, 10401 Connecticut Avenue, Kensington, MD 20895-3961.

2 BCTGM News Bittersweet Victory for Stella D’oro Local 50 Members

n July 7, have been on with pass- the job between Oing subway 10 and 20 years, trains, trucks and all are skilled and buses honk- “Our workers. Yet, ing their support, intention Byrnwood has BCTGM Local 50 is to stop said that many (New York, N.Y.) them from Stella D’oro members of the closing workers should be earning a Stella D’oro Biscuit the plant Company chanted, minimum wage down.” “The workers since “anyone can united will never do their job.” be defeated!” as they filed through firm owners—Brynwood Partners “Our intention is to stop them the gates of the Bronx bakery. announced it would shut down the from closing the plant down,” said Their sense of solidarity and bakery in October. Alston. victory was hard-earned: they had Established more than 75 years Once the strike started, gone out on strike in August 2008 ago, Stella D’oro is a nationally management brought in and kept up a picket line through known maker of specialty baked replacement workers, unilaterally the fall, winter and spring, during goods and until recently was a instituted the cuts and offered jobs a deepening recession and into a family-owned business. But a series at the lower wages to any employee new summer. The workers remain of corporate buyouts ultimately who crossed the line. proud that not one union member resulted in Brynwood’s 2006 Alston attributed Brynwood’s crossed the picket line. purchase of the company. decision to close the Bronx On July 6, a National The ALJ ordered the workers bakery as “retaliation” for the Labor Relations Board (NLRB) reinstated because the company ALJ’s decision. “If it’s not being Administrative Law Judge (ALJ) refused to provide financial vindictive, then put the company ordered the company to reinstate information justifying the 20 up for sale and let a viable the 136 striking workers. But before percent wage cuts, elimination company buy so workers can keep they could even walk through the of pensions and slashing of paid their jobs,” she urged Brynwood. plant’s gates, they were greeted vacation days it demanded of the The local has challenged the with the anti-union response by workers. The judge also found plant closing by filing an unfair the company’s private equity the company prematurely and labor practice charge against illegally declared negotiations at an Brynwood for “retaliation.” impasse, forcing workers to strike. Subsequently, Local 50 petitioned In May, when workers made an the regional director of the NLRB offer to end the strike and return to ask a federal judge to issue an to work under the old contract, injunction (under section 10J of the the company illegally insisted NLRA) to prevent Brynwood from workers accept the concessions as closing the bakery. a condition for returning. The local has also reached out “We’re not asking for to New York politicians including enormous raises or anything else, Representative Eliot Engel (D-N.Y.), we’re just asking to keep what who supported the workers we already had,” said Local 50 throughout the strike. On the floor President Joyce Alston. of Congress, Rep. Engel spoke The Local 50 members out against Brynwood’s decision survived on $100 a week from the to shut down the plant. The International’s strike fund and Congressman also sent a letter to extraordinary support from the the NLRB supporting the issuance New York labor movement. Most of an injunction.

July/August 2009 www.bctgm.org 3 Trumka Announces Candidacy for AFL-CIO President

FL-CIO Secretary-Treasurer Richard Trumka on July 9 Aannounced his candidacy for president of the AFL-CIO to succeed the retiring John Sweeney. BCTGM Intl. Pres. Frank Hurt Trumka has served as AFL-CIO (left) congratulates AFL-CIO Secy.-Treas. Rich Trumka secretary-treasurer since 1995. (right) on his candidacy for At a rally that drew several AFL-CIO presidency. hundred supporters—including BCTGM International Executive Officers—at the University of the District of Columbia in Washington, D.C., Trumka also introduced his running mates. Joining Trumka on the ticket are Liz Shuler, executive assistant to AFL-CIO President John Sweeney an unregulated global economy, the Electrical Workers (IBEW) announced he was retiring when labor laws that favor employers President Edwin Hill, for secretary- his fourth term as president expires over workers and a political system treasurer and incumbent AFL-CIO in September. Delegates to the in which the wealthy wield far too Executive Vice President Arlene AFL-CIO’s 26th Constitutional much influence. Holt Baker for re-election. This Convention meeting in Pittsburgh “At the same time, we have marks the first time two women September 13-17 will elect the AFL- historic opportunity, with a have run for the AFL-CIO’s top CIO’s new officers. president and Congress we elected, offices. In a joint statement, Trumka, to overcome these challenges. Our No other candidates for the Shuler and Holt Baker note most important task is to make top three leadership positions that the labor movement “faces sure our economy creates jobs. have announced. Earlier this year, tremendous challenges,” including And we are keenly aware that we must look within our movement for answers about how we can create full employment, organize workers and make sure workers prosper in the 21st century,” the statement concludes.” “We also take this opportunity to commend John Sweeney for his outstanding tenure as AFL-CIO President and a career devoted to working men and women. The BCTGM extends our very best wishes to Brother Sweeney and his family,” Hurt concluded.

The three executive officer candidates for the leadership of the AFL-CIO are AFL-CIO Exec. Vice Pres. Arlene Holt Baker (left), AFL-CIO Secy.-Treas. For more information on the Rich Trumka (center), and Liz Shuler (right), Trumka, Shuler, Holt Baker ticket, visit executive assistant to IBEW Pres. Edwin Hill. www.TogetherWeCanTogetherWeWill.com.

4 BCTGM News Minnesota Supreme Court Rules Franken Winner in Senate Race

n July 7, after a long, hard campaign and almost eight BCTGM Local months of vote counting and 167G (Grand O Forks, N.D.) litigation, Al Franken was sworn member in as the newest U.S. senator Tony St. Michel (left) representing Minnesota. Franken worked hard marked his first day in office by on behalf of Minnesota signing on as a co-sponsor to a Senator Al bill for the first time: the Employee Franken. St. Michel Free Choice Act. is pictured Franken was endorsed by the here with the BCTGM and the AFL-CIO last year newly seated Senator and union members worked hard (right) at on his behalf. a rally on July 1. Franken announced his co- sponsorship of the Employee Free Choice Act at a reception at the AFL-CIO, where Minnesota leaders like former Vice President Walter Mondale and Sen. Amy Klobuchar Minnesota Senator Al helped union members and leaders Franken welcome him to Washington, D.C. (left) thanks Intl. Pres. BCTGM International President Frank Hurt Frank Hurt, Secretary-Treasurer (right) for the David B. Durkee and Executive Vice support of the BCTGM. President Joe Thibodeau attended that reception as well as BCTGM Local 167G (Grand Forks, N.D.) member Mark Fromke. Franken, a strong supporter of workers’ freedom to form unions and bargain, said his membership in four unions—AFTRA, SAG, WGAE and DGA—gave him, wife Franni, and his family the opportunities that all working families deserve. “Because of my membership in those unions, Franni and I had health care during the campaign. Because of my membership in those unions, we have a pension. “We need to level the playing field. Unions built the middle class in this country, but we’ve seen the BCTGM members pose for a photo with Minnesota Senator Amy Klobuchar at the July 1 playing field become a steep hill. rally. Pictured from left to right is L. 267G (Crookston, Minn.) member LaVonne Halland, L. 167G (Grand Forks, N.D.) member Tony St. Michel, Senator Klobuchar and L. 167G member We’ve seen a great risk shift in this Mark Fromke. country,” said Franken.

July/August 2009 www.bctgm.org 5 National Labor College Workers Memorial

n April 28, Workers Memo- the job have sponsored bricks rial Day, workers were for the memorial, which will be Oremembered by their co- constructed at the center of the workers, family and friends who NLC campus. placed bricks in their memory The first brick was dedicated as part of the groundbreaking by Bricklayers (BAC) President ceremonies for the new National John Flynn to BAC member Louis Workers Memorial at the Mitchell, who died in 2007. The National Labor College (NLC) in second, sponsored by AFL-CIO Silver Spring, Md. Secretary-Treasurer Richard Hundreds of people who lost Trumka, honored his father, a loved one who was killed on Frank, a Pennsylvania mine worker, who died in 1999 of black lung disease. His brick tells the story, “Pray for Trumka said, “of broken lives, of a man who went out every the dead, day to work in the mines and brought home a piece of illness but fight every day.” Labor Secretary Hilda like hell for Solis, who spoke at the Bricks of Remembrance will fill the groundbreaking, dedicated National Workers Memorial. the living.” a brick for the memorial to be engraved in honor of with the BCTGM Union Label. —Mother Jones Gary Jensen, a Mine Safety The benches will honor fallen and Health Administration workers within our industries. inspector killed in a 2007 mine Contributions will support collapse and all the workers the cost of erecting, maintaining of the Department of Labor and administering the memorial. who have died trying to make A portion of these funds will also workplace safety and health support the annual Workers’ and workplace justice a reality Memorial Day Ceremony, held for all workers. in April at the National Labor For a contribution of $125, a College. Remaining funds will supporter may have the name of provide general support to a fallen brother or sister engraved the college’s work, including on a brick. Each brick will bear important Health and Safety the name of the deceased, the programs. date of death and the name To purchase a workers of their union or occupation. memorial brick visit: https:// The college will keep track of www.supportnlc.org/Wrkrs_ the location of each brick, and Mem._Brick_App.php publish a directory of the names. You may also contact the Labor Secretary Hilda Solis dedicates a brick for the memorial The BCTGM has purchased National Labor College at 1-800- to be engraved in honor of a MSHA several granite benches which 462-4237 to request a National inspector killed in a 2007 mine collapse. will run through sections of the Workers Memorial dedication memorial that will be adorned form.

6 BCTGM News Report Confirms Employer Opposition to Organizing on the Rise

any of those opposed to According to BCTGM their cases by three to five years, unionization—namely International President Frank Hurt, denying workers the right to form a Mcorporate interests and the increase in the use of severe union. And even if after a long court the politicians that represent them anti-union tactics is not surprising. battle the employer is found guilty, in Congress—regularly claim that “Employers know that they can get the penalties are minimal; at worst workers have a free choice in decid- away with almost anything and back-pay for a fired worker. ing whether or not to join a union. there is nothing to deter them from According to BCTGM Secre- They claim that federal law pro- doing so,” said Hurt. tary-Treasurer/Director of Organiza- tects a workers’ right to choose to Indeed, the report found that tion David B. Durkee, the findings organize, and insist that labor law even if employers are found guilty in the report clearly indicate that reform is not necessary. of illegal activity by the National the system governing labor relations A new report by Cornell profes- Labor Relations Board, the majority in the United States is broken. “It is sor Kate Bronfenbrenner puts those of employers tend to appeal most clear that the will of millions of non- falsehoods clearly to rest. In “No administrative law judge decisions, union workers is being thwarted by Holds Barred: The Intensification of particularly Gissel bargaining orders a regulatory regime that does not Employer Opposition to Organizing” and orders for second elections. In hold employers accountable to the Bronfenbrenner presents a com- effect, this means that employers law and does not provide a deter- prehensive analysis of employers’ that openly ignore the law can delay rent to employers,” said Durkee. behavior during organizing drives. Not surprisingly, Bronfenbrenner found that it has become standard System of Dysfunction practice for workers to be subjected Seven years ago, workers at Consolidated Biscuit Company (CBC) in McComb, Ohio (a co- to illegal threats, interrogation, ha- packer for Nabisco/Kraft Foods) wanted to join the BCTGM. During the course of the initial rassment, surveillance, and retali- organizing drive, CBC managers broke dozens of federal labor laws, including firing workers ation for supporting a union. The because of their pro-union status. Over the next six years, CBC delayed resolution of those report finds that: charges, ignored National Labor Relations Board (NLRB) settlements, and continued to violate the law to ensure its workers did not have the opportunity to join the BCTGM. • 63% of employers interrogate March 2002: CBC workers contact BCTGM to form a union. workers in mandatory one- on-one meetings with their May 2002: Petition filed with NLRB for election. supervisors about support for the June 2002: BCTGM files dozens of unfair labor practice (ULP) charges against CBC. union; August 2002: BCTGM loses election; union supporters fired days after election. • 54% of employers threaten Feb. 2003: NLRB issues complaint against CBC and sets trial date in front of an workers in such meetings; administrative law judge (ALJ). • 57% of employers threaten to Sept. 2003: Trial concludes. close the worksite; Jan. 2004: CBC found guilty. Company appeals decision. • 47% of employers threaten to cut Sept. 2004: NLRB issues new complaints against CBC after more ULP’s are filed against wages and benefits; and Company. • 34% of employers fire workers. April 2006: NLRB upholds decision by ALJ. CBC refuses to comply. The report also concludes that May 2006: NLRB petitions 6th Circuit Court of Appeals to enforce the decision. there has been an increase in the Nov. 2008: 6th Circuit upholds NLRB decision against CBC. Fired workers are reinstated use of more coercive and retaliatory with back pay. tactics by employers, such as plant Feb. 2009: NLRB issues additional complaints against CBC for further ULP’s and for not closing threats and actual plant complying with original settlements. closings, discharges, harassment June 2009: NLRB proposes yet another settlement even though CBC has ignored previous and other discipline, surveillance, settlements. Union objects and requests 10J Gissel bargaining order which would certify union and initiate bargaining. and alteration of benefits and conditions.

July/August 2009 www.bctgm.org 7 AFL-CIO 2009 Health Care for America Survey Results

he results of the online 2009 Congress and the system is failing working families. Health Care for America Administration must hear that The public is extremely dissatisfied TSurvey, sponsored by the health care reform is urgent. and demanding change. Survey AFL-CIO and Working America, First, people need relief from the respondents overwhelmingly reveal deep problems that must pressure of untenable health care support stronger rules and be fixed. A total of 23,460 people costs that are bankrupting families, standards for insurance companies responded to the survey, which endangering health and hobbling and a public health insurance was conducted between April 1 businesses. Second, the insurance option for those who choose it. and May 31, 2009. And more than 6,000 people took the time to tell heart-wrenching stories about Among the survey’s findings: the toll of health care costs, lack • More than half say they cannot get the health care they need at a price they of insurance, systemic flaws in can afford, and the problem is even more acute among people who buy their own our health care system and the insurance, Hispanics and young adults. economic downturn. • A third of all respondents forgo basic medical care because of costs. More The survey confirms that than one-quarter of people with insurance—and three-quarters of those without every day, people are being forced insurance—report skipping basic health care services such as doctor-recommended to make life-and-death decisions: tests and treatments and Pay the health care premiums or visiting a doctor when sick. buy the life-saving prescription? • Fully 43 percent of Chip away at credit card debt or people with insurance say they are not able to get skip the required care for a serious the care they need at a chronic condition? Nearly everyone price they can afford. And is dissatisfied with health care 80 percent of those with costs—including almost three- insurance say their health quarters of people with insurance. care costs increased this past year, with 34 percent saying they increased a lot. As one woman wrote, “My • Nearly a quarter of respondents say someone in their household lost health care insurance deductible equals four coverage in the past year because of losing or changing jobs. to five months of take home pay • One-quarter of those without health insurance say they were denied coverage each year. My insurance bill is split in the past year due to “pre-existing conditions.” with my employer but equals two • Health care is costlier and harder to access for people who cannot get days of pay each month. How am I employer-provided coverage or Medicare and buy insurance in the private market. Sixty-two percent of them say they cannot get the care they need at an affordable supposed to go to a doctor?” price, compared with 39 percent of people with employer-provided coverage. As this publication was • 96 percent of the uninsured say they cannot get the care they need at an going to press, congressional affordable cost. committees were writing health • Three-quarters of respondents (76 percent) are dissatisfied with their care reform legislation. The household’s health care costs. Two-thirds are dissatisfied with their health care results of this survey will be coverage. More than one-third are dissatisfied with their household’s access to care given to members of Congress and the quality of care they receive. and the Administration, as well • Ninety-seven percent of people who took the survey, including 96 percent of as the media and state and local those with insurance, say that given the current economic crisis, health care reform is leaders. From the extensive urgent. survey responses—and even more • By far, most people (83 percent) say health insurers have too much influence on poignantly, from the personal their health care and treatment. stories—policymakers will learn To read the full results of the AFL-CIO’s 2009 Health Care Survey visit: about the everyday impact of our www.aflcio.org/issues/healthcare/survey/ disintegrating health care system.

8 BCTGM News BCTGM Supports Health Care Reform

he BCTGM continues to tell members of Congress that comprehensive health Tcare reform must lower costs, improve quality and cover everyone. According to BCTGM International President Frank Hurt, “Working families are desperate for a solution that encourages choice, competition and opportunity for all Americans to choose the health care that works for them.”

"Working people who are covered by collective bargaining agreements should not be penalized by having their health benefits taxed." —BCTGM Intl. Pres. Frank Hurt

However, adds Hurt, the proposal to finance health care reform through a tax on employer-provided health coverage will never be supported by the BCTGM. “We will not support a tax on working people’s health care benefits which are negotiated into collective bargaining agreements. Such a tax would threaten the employer-provided health care system. Employers would respond by increasing employee cost-sharing to a level at which benefits would become unaffordable for low-wage workers, or by eliminating benefits altogether. “Taxing health care benefits would not bring down health care costs—it would just shift more of those costs onto workers. Working people who are covered by collective bargaining agreements should not be penalized by having their health benefits taxed,” concludes Hurt. Hurt says that any health care reform proposal must stabilize and build upon the employer-provided coverage system. Other areas of reform supported by labor include: ➤ Special assistance for firms that maintain coverage for pre-Medicare retirees, which will prevent further deterioration of the employer-based system; ➤ Health care delivery reforms to get better value from our system and containment of long-term costs; and ➤ Insurance market reforms, individual subsidies, Medicaid expansion and improvements to Medicare, which will help make affordable coverage available to everyone. A public health insurance option, improving and making more efficient the way health care is delivered, and a pay-or-play option will generate significant savings and revenue to help finance health care reform. Hurt says the BCTGM supports funding plans that include savings in Medicare and Medicaid, limiting the itemized deductions for households in the top two tax brackets and other modifications to reduce the tax gap, as well as making the tax system fairer and more progressive.

July/August 2009 www.bctgm.org 9 Summer Reading

The Chasm Just Passing Through by David Ainsworth by Paco Ignacio Taibo II The global economy has been widely This adventure novel, “Just Passing covered in nonfiction books, but “The Through” by Paco Ignacio Taibo II, is Chasm,” by David Ainsworth, is the set in 1920s post-revolutionary Mexico. first novel that tells the painful story of Originally published in 1986 in Spanish, the human impact of the globalization the book is a rollicking, genre-defying, phenomenon and the U.S. trade deficit left-wing adventure. Amid a mixture of on working Americans and their families. It is a story of telegrams, police reports and varied first-person accounts, the glorification of consumerism over the human values of Taibo himself becomes a character in his novel, offering citizenship, fair opportunity and the consent of the governed. political and philosophical musings. He travels back in time There is a great deal of disturbing fact in this work of fiction. to 1920s Mexico to search for his elusive revolutionary The author practiced maritime law in San Francisco for three protagonist, Spanish anarchist Sebastian San Vicente. In real decades and spent many years participating as an industry life, there is some record of San Vicente in FBI records during observer and informal negotiator in bilateral trade negotiations the Woodrow Wilson era and some mention of him in anarchist between the U.S. and Asian countries. records and rumor. In this book, the protagonist goes about his (Purchase online: https://unionshop.aflcio.org) heroic avocation of organizing strikes against the capitalists, dodging thugs and hiding out from the Mexican Army. However, Dreamland everyone is trying to figure out exactly who this hero is. For By Kevin Baker those north of the border, this English translation of the novel Kevin Baker’s “Dreamland” is a portrait offers a playful glimpse into Mexican history. of immigrant New York in the early part (Purchase online: https://unionshop.aflcio.org) of the 20th century. This novel is full of vivid historical detail, from Lower East Fired Side slang to the lyrics of popular songs. The new book, companion to the film “Dreamland” features gangsters, feminist of the same name, “Fired!” written and strikers, the Lower East Side, Coney Island, Freud’s trip to edited by Annabelle Gurwitch contains America and the infamous Triangle Factory fire. stories, memories, challenges and (Purchase online: https://unionshop.aflcio.org) includes “Tales of the Canned, Canceled, Downsized, & Dismissed.” for Union (Purchase online: www.laborheritage.org) Sweat and Blood: Members & A History of U.S. Labor Unions From the carpenters union in colonial Activists Philadelphia to the strike in 2007 of Chinese restaurant delivery men, the history of how brave working people struggled and formed unions. A powerful American story filled with drama and intrigue. (Purchase online: www.laborheritage.org)

10 BCTGM News Summer Reading  First Contract Arbitration in Canada ne aspect of the recent fight and management. A recent study of No-Fault (Ontario from 1996-2005, over the Employee Free Choice Canadian firms between 1976 and Saskatchewan since 1994)—The OAct in the United States is the 2005 found that FCA reduces work application for arbitration is sent inclusion of first contract arbitration stoppages during the first contract directly to the Labour Board in the legislation. In Canada, first period by at least 50 percent. together with evidence that the contract arbitration has been part According to a report by the parties have bargained to impasse. of the labor relations environment Economic Policy Institute, in Mediation-Supported (British for decades and has benefited both most cases the prospect of a third Columbia since 1993)—When labor and management. party making contract decisions parties reach an impasse in First contract arbitration (FCA) gives both parties the incentive to negotiations and a strike vote has is a mechanism that encourages reach an agreement on their own. been passed, either party may good faith collective bargaining On average in Canada, only 1.4 apply to British Columbia’s Labour between a newly formed union and percent of collective bargaining an employer. In most Canadian agreements with newly certified provinces, FCA gives the union or unions are actually imposed. Why the U.S. Needs Some Form of FCA the employer the option of entering Critics of FCA claim that unions One study found that between 1999 and binding arbitration after 90 days of will simply put off bargaining 2004, only 38 percent of unions established unsuccessful contract negotiations. in hopes that an arbitrator will by a majority vote and certified for collective According to a labor relations impose a favorable contract, but bargaining by the National Labour Relations official in Saskatchewan, FCA has this is not borne out by the facts. Board were successful in reaching a first contract within one year, and only 56 percent resulted in “a decrease in claims of Different Systems of FCA in Canada unfair labor practices and a labor obtained a contract within two years. Quebec—Applications for relations environment that is a arbitration are first reviewed by the little bit more stable.” Minister of Labour, who may refer Board, which calls for mediation. Why is first contract arbitration them to a Canadian provincial The mediator encourages the necessary? In both Canada and the Labour Board. The applicant must parties to reach agreement, but if United States, most employers fight provide evidence of bargaining in an agreement is not reached within their employee’s initial attempts bad faith or that bargaining has 20 days, then the mediator can to unionize by hiring high-paid become dysfunctional (reached recommend the parties to a third consultants and by engaging in a standstill). This form of FCA party with powers of arbitration. unfair labor practices to deter introduces a political element This third party has the power to unionization. If workers do choose to the process not characteristic arbitrate small unresolved issues, to form a union, many employers of other forms of arbitration undertake broader arbitration, or attempt to stall negotiations until and it involves an extra layer of to let a work stoppage take place. bargaining is at a standstill. The screening. The parties are least Mediation-supported FCA yields result is that the support employees likely to apply for arbitration under more applications but generates may have had for their union this method of FCA used. the fewest imposed contracts. during the election and certification process is diminished. Without a contract the union cannot make good on its promises to improve wages and working conditions. In Canada, first contract arbitration is widespread and has been shown to benefit both labor

July/August 2009 www.bctgm.org 11 SUMMARY OF MATERIAL MODIFICATIONS Bakery and Confectionery Union and Industry Pension Plan

The following is a Summary of Only the Participant can elect surviving spouse, the benefit you Material Modifications the Board the Alternate Husband and Wife receive during your lifetime will be of Trustees of the Bakery and Option. smaller than it would be under the Confectionery Union and Industry The 36 month guarantee does 50% Husband and Wife Pension International Pension Fund has not apply to the Alternate Husband or the 75% Husband and Wife made to the Bakery Confectionery and Wife Option. Pension. Union and Industry International Pension Plan from July 2007 2. 75% Husband and 4. HOW TO ELECT 75% AND through June 2009. You should Wife Pension 100% HUSBAND AND keep a copy of this Summary until This Pension will pay an WIFE PENSIONS you receive an updated copy of the actuarially reduced benefit to you If you will have a Pension Effective Pension Fund’s Summary Plan during your lifetime, then after Date of January 1, 2009 or later, Description. you die your surviving spouse will you must elect the 75% or the receive 75% of the monthly benefit 100% Husband and Wife Pension 1. Alternate Husband you were receiving. In order to during the period that starts 90 and Wife Option days before the pension A Participant eligible effective date and for a Pension under ends 90 days after the the Plan with a pension effective date. Pension Effective Date (The pension effective of January 1, 2009 date is the first day of or after, including a the month when your Disability Pension, pension begins.) Only may elect an Alternate you, the Participant, Husband and Wife can elect the 75% or Option which provides 100% Husband and that the monthly Wife Option: your amount paid to a surviving spouse Surviving Spouse is cannot elect it after equal to 100% of the your death. In addition, monthly amount paid you must be alive on to the Participant or is equal to pay for this extra benefit to your the pension effective date for the 75% of the monthly amount paid to surviving spouse, the benefit you 75% or 100% Husband and Wife the Participant. receive during your lifetime will be Option to be effective. If you die The Alternate Husband smaller than it would be under the before the Pension Effective Date, and Wife Options will not 50% Husband and Wife Pension. your spouse will receive the benefit be effective under any of the payable when the Participant dies circumstances stated in Article 3. 100% HUSBAND AND before retirement as described VI, Section 6.06(a). In addition, WIFE PENSION under Participant-Married in the if the Participant dies before the This Pension is like the 75% SPD. Effective Date of Pension, the Husband and Wife Pension, except Under the Rules and election of the Alternate Husband that after you die your surviving Regulations that were in effect and Wife Option will be cancelled spouse will receive 100% of the for pensions that began before and the Pension will be paid in monthly benefit you were receiving January 1, 2009, there was a accordance with Article VI, Section during your lifetime. In order to one-year waiting period before 6.04. pay for this extra benefit to your the 75% or 100% Husband and

12 BCTGM News Wife Pension could take effect. If the amount it would have been The benefits that would your Pension Effective Date was without the 50% Husband and otherwise be payable, or the before January 1, 2009, and you Wife Pension if your spouse dies actuarial equivalent of those have not completed that one-year while you are alive). benefits, will instead be paid waiting period, your benefit will to another person or persons continue to be paid as a 50% 5. dirECT ROLLOVERS as determined by the Plan (but Husband and Wife Pension until For distributions made on or after disregarding the person who the end of that one-year period. January 1, 2008, any Participant is disqualified from receiving If both you and your spouse are or surviving spouse who receives benefits). alive one year after the effective an eligible rollover distribution, as If the benefit would have been date of your pension, your benefit described in Article VIII, Section paid in the form of a life annuity, will be converted automatically 8.21(c), has the additional option but the person to whom it will be to the 75% or 100% Husband and of rolling that distribution over to paid pursuant to this rule is not Wife Pension, whichever you chose a Roth IRA described in section eligible for a life annuity under the at retirement. If you should die 408A of the Internal Revenue Plan, the benefit will be paid in the during that first year, however, your Code. form of a lump sum benefit that spouse will receive 50% of your is the actuarial present value of monthly benefit for the remainder 6. CERTAIN BENEFICIARIES the benefit that would have been of his or her life and your election DISREGARDED payable apart from this Section, of the 75% or 100% Husband and Notwithstanding any other calculated in accordance with Wife Pension will have no effect. If provision of the Plan, in the Article VIII, Section 8.20(c). If the your spouse dies during that first event that any Beneficiary of a benefit would have been paid in a year, your benefit will continue to Participant (including a spouse) form other than a life annuity, the be paid as a 50% Husband and is found guilty of a crime other alternate beneficiary will receive Wife Pension for your lifetime than an offense based solely on a benefit in the same form and (unless your pension began before negligent or reckless acts, and amount that otherwise would have January 2000 and you chose the that crime caused or contributed been paid. Husband and Wife Pop-Up Option to the death of the Participant, The Trustees may suspend as described under “Husband and no benefits will be payable to payment of benefits to a Wife Pop-Up Option” in the SPD. that Beneficiary on account of the Beneficiary while criminal If so, your benefit will return to Participant’s death. proceedings are pending.

Local 22 Celebrates 140 Years of Proud Union Membership Recently BCTGM Local 22 (Twin Cities, Minn.) honored several longtime members with plaques celebrating their years of union dedication. Pictured here are those Local 22 honorees.

L. 22 Pres. Ron Mohrland L. 22 Vice Pres. (right) presents Levell Bruce Peglow (right) Jones (left) with a plaque congratulates member celebrating his 50 years Leon Washington (left) of union membership and of Dakota Growers Darlene Martin (center) Pasta Company on his with a plaque recognizing more than 40 years with her 49 years of dedication. the union. Both Levell and Martin were employed by Old Dutch Foods.

July/August 2009 www.bctgm.org 13 Local 57 Award BCTGM L. 57 Fin. Secy. Vester Newsome was recently presented with an award from the Columbus American Legion Color Guard for the local’s support and contribution of the Veteran’s group. Pictured here (center, right) is Newsome accepting the award.

Team EFCA BCTGM L. 358 (Richmond, Va.) members decided they needed to fully promote their support of the Employee Free Choice Act and named the local’s softball team after the measure. Sponsored by the Central Virginia Labor Federation and pictured here, the L. 358 Employee Free Choice Act team was undefeated at the time of press.

Organizing and Education  L. 85 (Sacramento, Calif.) recently hosted a union organizer from Columbia who came to California to learn about U.S. labor unions. Pictured here (left to right) is L. 85 Secy.-Treas. Marty Zimmerman, L. 85 Vice Pres. Jerry Gil and Gabriel Perez Puentes, the Columbian trade unionist.

 Pictured here are L. 85 shop stewards who attended an educational training at the local union hall on June 23.

14 BCTGM News Three BCTGM Family Members Awarded Union Plus Scholarships

Three BCTGM family members are among the recipients of Meet the the 18th Annual Union Plus Scholarship Awards. » Stephanie Lau of Oakland, CA, whose father Chen Po Lau 2009 BCTGM is a member of BCTGM Local 125, has been awarded a Scholarship $3,000 scholarship. » Elizabeth Soc of Alexandria, VA, whose mother Thanh Hoa Honorees Ly is a member of BCTGM Local 118, has been awarded a Please visit UnionPlus.org/ $2,000 scholarship. Scholarships for information on » Jeffrey Vargas of New Rochelle, NY, whose father German eligibility and to apply for next Vargas is a member of BCTGM Local 69, has been awarded year’s scholarships. a $1,000 scholarship.

Stephanie Lau has learned her lessons from literature as well as life. In Upton Sinclair’s The Jungle, she read of immigrant families abused by industry and suffering dire consequences. By comparison, she says, “my father was able to have paid time off and not risk losing his job because he was protected by the rights the unions fought for.” Valedictorian of her high school class, Stephanie has not declared her major, but is interested in science and education.

Elizabeth Soc has lived her life with a sense of duality. “I am a Vietnamese American who grew up in two different worlds. At home I was taught to be very respectful, but strong. Outside my home, I learned to speak my mind and stand up for my rights.” She has carried this sense of the world’s complexity with her as she has pursued academics and aspired to a career in law. “I have been disadvantaged in society but truly blessed in life. The key to justice prevailing is training and equipping young people like myself to counter injustice.”

Jeffrey Vargas’ father became a BCTGM member when Jeffrey was 2 years old and, he notes, “my family benefited right from the beginning. It left me with a sense of security knowing my father had a secure job.” Because of the security of union pay and benefits, Jeffrey says, “my future aspirations never seemed to be out of reach.” He has excelled academically and pursued numerous extracurricular activities and opportunities for community service, while aspiring to a career with the Secret Service. “The government needs people with leadership capabilities, strong determination and a will to protect what’s most important in America,” he says.

Union Plus Scholarship awards are granted to students attending a two-year college, four-year college, graduate school or a recognized technical or trade school. Since starting the program in 1991, Union Plus has awarded $2.8 million in education funding to 1,813 union members, spouses and dependent children. Recipients are selected based on academic ability, social awareness, financial need and appreciation of labor.

July/August 2009 www.bctgm.org 15 Printed in the U.S.A.