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OPEIU Wins Dispute on Stewards

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OPEIU Wins Dispute on Stewards ALA WHI'01)1(:c and Professional Employees COInternational AFL -CIO and CLC I No. 362 FEBRUARY, 1977 from the desk SEVEN MIDWEST LOCALS of the SET UP' NEW COUNCIL Delegates from seven OPEIU tion Art Lewandowski was the ticularly OPEIU members Locals in the North Central Re- guest speaker. whose pay scales and fringe gion voted unanimously to join He told the group that for- benefits must be protected from together to form a new OPEIU mation of Councils is the key the unfair competition of non- Council at a meeting in early to new organizing if the OPEIU union companies. PIIESIDDT January at the Red Carpet Inn is to reach the masses of the He said the Council concept in Milwaukee, Wisc. They also unorganized, presently beyond had been successfully tested by agreed to hire a Representative the scope of Locals which lack our Canadian Locals, especially for the new Council. the resources individually to ex- in new organizing. It represents Misguided Class Action Suits a new approach now to our. Lo- A further meeting was sched- ploit fully new organizing leads. cals in the U.S. for organizing When Title VII of the Civil Rights Act of 1964 was being uled to draw up a Constitution Moreover, he said, Councils the unorganized in the white considered, the AFL-CIO and all of its International Unions, in- for the Council, to give it a will enable the OPEIU to give collar field. cluding the OPEIU, fully supported its aims. The AFL-CIO and name, elect officers, and make greater service and representa- He concluded by expressing the OPEIU felt that all minorities were entitled to a fair shake in arrangements so that it can be- tion to members in each indi- the hope that all OPEIU Locals the work place and that discrimination in employment must be functioning before April .1. vidual Local through providing gin throughout the nation will be eliminated. meeting expressed the more paid staff to assist them The quick to follow the example of Act of 1947 eliminated the last vestige of hope that other OPEIU Locals in collective bargaining. In The Taft-Hartley the seven pioneer Locals in the workers. This Act not only pro- in the Region will shortly join addition, pooling their resources any union voice in the hiring of North Central Region. bargaining agreements the new grouping. for this purpose will give added hibited unions from including in collective The delegates regarded the before economic protection to each the provision that workers must be members of a union Thirty-five delegates repre- Council concept with enthusi- member because it is a wise being hired, but also eliminated the referral system including those sented the following Locals asm, and looked forward to it investment for the future. who were not members of unions. from a three-state area: as "providing a great vehicle In supporting the Equal Employment Opportunities Act, known Local 12 (Twin Cities)-St. He emphasized that compan- for new organizing in the area," as Title VII, the AFL-CIO in effect joined with the government in Paul-Minneapolis, Minn. ies which are now unionized as well as promising better compelling employers to hire on a non-discriminatory basis. This Local 39, Madison, Wisc. and paying union scales are at service and representation for Act was passed over employer opposition. Local 44, La Crosse, Wisc. a competitive disadvantage with members in their own Locals. International unions, including our own, were shocked to find Local 158, Aurora, Ill. those in the same industry in They invited other OPEIU that class action suits brought by blacks, Hispanics and women Local 311, Kankakee, Ill. an area who remain non-union Locals in the area to join the wages fringe in most cases include all of the unions having a collective bargain- Local 336, Kenosha, Wisc. and pay lower and new Council, feeling that as it he said, ing relationship with the firm involved despite the fact that these Local 391, Chicago, Ill. benefits. As a result, expands its scope it may be unionized companies are placed unions, including ours, have no voice whatsoveer in the selection The meeting was chaired by possible in the near future to at a competitive disadvantage of new hires. Vide President Bill Adams, and hire an additional Representa- Numerous lawyers instituting such suits have persuaded minor- was attended by Vice President so that more emphasis must tive for its staff, thereby doubl- ity workers to name all of the unions in a particular company in H. R. Markusen and Interna- now be put on organizing the ing its capacity for growth and order to widen the possibility of success insofar as targets are tional Representative Mike unorganized to balance the service to all members in the concerned in the courts. Employers have done nothing whatsoever Walker. Director of Organiza- scales for the benefit of all, par- region. to discourage the naming of unions in such class actions. In fact, the reverse is true. Employers have secretly encouraged workers to include unions in such suits. OPEIU Wins Dispute on Stewards The Office & Professional Employees International Union has been named in such class actions when, as pointed out above, wet NLRB Rules They Enjoy Super-Seniority in Layoffs have nothing whatsoever to do with hiring by employers, and The National Labor Rela- seniority clause in the OPEIU ity for stewards does not per- workers become members of the OPEIU only after working 31 tions Board has ruled that a contract was "unlawful." Both mit lateral bumping, then it days after hire by the employer. union steward can exercise su- the OPEIU and her employer means nothing at ail," the panel In one case in a paper company in the South, we have been per-seniority in the event of lay- appealed the decision to the declared. "The use of super-se- named in a class action suit along with the employer and every off over all other employees even board in Washington, D.C. niority to protect a steward's other union in the plant by a janitor, who has never been a mem- with greater seniority, a deci- A three-member panel, com- grade level and position in the ber of the union and was never included by the National Labor sion of significance to all union prising Chairman Betty South- event of involuntary job change Relations Board in our collective bargaining unit. stewards across the nation: ard Murphy and members John furthers the statutory purpose While we realize that these suits are encouraged by so-called The ruling was handed A. Penello and John H. Man- of protecting employees' statu- "liberal" lawyers, some of whom are supposed to lie friends of down in the case of Elaine Sic- ning, unanimously overturned tory Section 7 rights by insur- labor, it is imperative that we use counsel to answer 'these actions iliano, a Hospital Service Plan the Law Judge's ruling and dis- ing that a steward be kept on and appear in court on our behalf. Needless to say, these actions (Blue Cross-Blue Shield) of missed the case in its entirety. the job at all times and not be are nuisances and expensive. The burden of discrimination against New Jersey senior accountant "If, as the Administrative subject to the contingency of women and minorities in the labor force rightfully belongs on the who filed unfair labor practice Law. Judge found, super-senior- threat of layoff." backs of those responsible for it-the employers. charges against her employer In addition, we are now faced with threats to our seniority sys- and OPEIU Local 32 in New- tem in lay-offs. With the economic picture as dreary as it is, our ark, N.J., which represents the 26 to 35% Wage Gains collective bargaining units throughout the United States have been health agency's 1,000 office reduced in hundreds of instances. Our contracts, like those of employees. Firm other unions, call for lay-offs to be made in accordance with se- She charged that she was un- Won at Insurance niority. In effect, therefore, the last hired is the first to be laid fairly bumped laterally to a Across-the-board wage gains totaling 22%, plus another 4% off. lower grade by Hansel Anglin, provided each year on the employee's birthday, were won in a When rehiring takes place, as the company's economic picture a union steward and also an new three-year contract renegotiated by Local 27 for its 900- brightens, the last laid off is the first to be rehired. This seniority accountant in her grade whose member unit at American National Insurance Company in Gal- practice has been in effect for 76 years in the United States, even position was deleted and who veston, Texas, International Bill Kirby reports. long before the Wagner Act. It has been considered, and rightly then exercised a clause in the It calls for a 10% increase effective last October 10, another so, to be the only fair way of handling lay-offs as a result of an union contract providing super- 7% on October 9, 1977, and 5% on October 8, 1978. Rates in economic downturn. seniority for stewards in the pay grades one through four and the top grade M-1, are increased The seniority system was introduced in 1900 by the Railroad event of layoffs. by 14% in the first year, 12% in the second, and 9% in the third and Typographical Unions. It was recognized as the fairest yard- In a decision on her case last year so that "turnover problems may be reduced by a higher stick to determine who is to go from the graveyard shift to the May, Administrative Law Judge scale." day shift; who is to get the choicest vacation period; who is to be Melvin J.
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