WHITE COLLAR AFL-CIO-CLC OFFICEANDPROFESSIONALEMPLOYEESINTERNATIONALUNION,AFL-CIOANDCLC No. 485 Issue 4, Winter 2004

Philadelphianurses win elimination of forced overtime

An 18-foot rat protesting “Tenet Greed” was on the picket line in support of the nurses. Union and community supporters join nurses at November 24 rally.

n November 11, 2003, 268 registered that are shared by nurses throughout the gaining table by Local 112 Associate Director wage increase and other benefit improvements. nurses employed by the Medical country. Mary Rita Duvall-Quinn. The hospital is owned This offer was overwhelmingly rejected because OCollege of Pennsylvania Hospital The nurses are members of OPEIU and operated by the California-based Tenet the offer failed to address the nurses’principle went on strike, not over money or benefits, Healthcare Pennsylvania, Local 112 based in Healthcare Corporation. The hospital offered complaint — forced overtime — which lowers but over patient care standards and concerns Allentown, Pa. and were represented at the bar- a two-year contract that included an 11 percent Continued on page 7 Prudentialagents want apieceof therock!

OPEIU pickets the National Labor Relations Board on Wednesday, December 17 in Washington, D.C. n Wednesday, December 17 the for more than two years to win a voice in to the employer’s unfair labor practices. An to vote against the union and reminding them Washington headquarters of the their workplace. administrative law judge found that Prudential that they are employed “at will” by ONational Labor Relations Board More than a year-and-a-half ago the had violated federal labor law in conducting Prudential. The administrative law judge (NLRB) was picketed to protest the agency’s Prudential Agents voted in an NLRB-con- an aggressive anti-union campaign leading ruled that the company’s failure to grant foot dragging in a case involving nearly 2,000 ducted election to determine whether they up to the vote. Specifically, the Prudential Local 153 equal access through the internal Prudential Insurance Agents from across the wanted to be represented by OPEIU, Local company’s internal e-mail system was used e-mail system constituted a violation of country who have been trying to form a union 153. The union lost the election narrowly due to communicate with the agents, urging them Continued on page 5

ORGANIZING INSIDE General Local 102 Educational Notice to FOR Employees dedicates Conferences Employees Association new union CHANGE 22 affiliates 33 hall 44 1111 Local100 joins fight to stop FTAA

embers of the Government Super- could only vote it up or down. against peaceful protestors,” according to Chief John Timoney. Several unions have visors Association of Florida, According to the AFL-CIO, “if approved, union officials testifying at a public hearing also called for a congressional investigation MGSAF/OPEIU Local 100, joined the FTAA would eliminate tariffs from 34 held in December. The AFL-CIO has called into the police mismanagement. tens of thousands of workers for four days countries with a population of more than 800 upon the U.S. Attorney General John GSAF/OPEIU Local 100 represents more of rousing, energized “Stop FTAA” events million and accelerate the staggering job loss Ashcroft and Florida Governor Jeb Bush to than 4,000 publicly employed supervisors in Miami, Florida. The demonstration was and environmental damage experienced under launch an independent investigation, as well and professionals in Broward County, Dade held to protest the November 18-21 closed- 10 years of NAFTA, the North American Free as demanded the resignation of Miami Police County and Miami Beach. door meetings of trade ministers discussing Trade Agreement. the next steps in creating the Free Trade Area The event culminated in a march of 20,000 of the Americas (FTAA), a hemisphere-wide workers against FTAA on November 20 and trade deal that will create massive job loss included educational workshops, a People’s and environmental damage in the U.S. Gala and Global Workers Forum, where eight FTAA negotiations, which have been workers from North, Central and South going on for several years, are scheduled to America described the impact of bad trade finish in 2005, when the agreement would deals on their lives. come to a vote in each country. The U.S. The event was marred by mismanagement Congress would vote on the FTAA under by police officials in Miami, leading to fast-track rules, meaning that it would not “numerous instances of obstruction, intimi- have a chance to amend the agreement, but dation, harassment and repressive tactics

Ellis and Local 100 Board Member Arnie Klein.

OPEIU Local 100 President Richard Ellis, Teamsters Local 769 member Elsa Lopez, South Florida AFL-CIO President Fred Frost and OPEIU Local 100 First Vice President Greg Blackman at the FTAA protest.

Heavy police presence on hand. Labor officials are calling for an investigation General Employees Association into police mismanagement at the protest. affiliates with OPEIU he General Employees Association (GEA) has overwhelmingly voted to affiliate Twith OPEIU, creating OPEIU Local 115 in Ormond Beach, Florida. Ballots were mailed to 74 eligible employees, 37 returned with aYES vote and 1 NO vote. On November 19, 2003 the Executive Board met and affirmed the Affiliation Agreement. The GEA unit consists of a mixture of blue and white collar workers, including clerical workers and those who repair city roads and bridges. “The General Employees Association was independent for more than 10 years, and recently started thinking about how to improve representation for their members,” said Ed Darcy, Sr., OPEIU Florida Regional Director. “They decided that affiliation with a larger organization would provide needed power at the bargaining table, so they inter- viewed four different international unions and chose OPEIU.” Upon completion of the affiliation process, Bill Heric retired as president and Darcy assumed the position of Interim President. An election will be held later this year.

2 • White Collar Local102 dedicates new union hall

(Left photo) Hundreds of union members and guests gather to celebrate the opening of the new Local 102 union hall in Daleville, Alabama. Local 102 represents more than 300 helicopter pilots who train army pilots at Ft. Rucker, Georgia. Pictured in left photo are OPEIU Director of Organization and Field Services Kevin Kistler, International President Michael Goodwin and International Representative Paul Bohelski. (Right photo) Steve Rush, Local 102 President, chairs the first union meeting held at the new hall. NAFTA in Galesburg: freetradeat the expenseof working families

hile free trade has expanded between northern Mexico. The maquiladora assembly majority of workers in Reynosa’s maquiladoras. nesses suffer as unemployment lowers the the and Mexico for plants are used mainly to finish imported com- Often the subject of criticism from United States spending power of the entire community. Wdecades, the enactment of the North ponents and raw goods from the United States, unions, CTM seems to protect the status quo Property values suffer. Tax bases shrink, American Free TradeAgreement (NAFTA) on and then ship them back to the United States. and large corporations rather than advocate for school populations dwindle, and as a conse- January 1, 1994, ushered in an era of change Zenith became the first large United States its workers, since the union jobs it desires are quence of federal funding formulas, school and uncertainty. Although NAFTA promised corporation to establish maquiladora opera- available in large part because of the cheaper funding suffers. Even more apparent, though, progress, and many pledged that it would raise tions in Reynosa, and now employs more than wages that can be paid. Blacklisting and pre- the loss of a steady employer for decades also the living standards for working families, the 20,000 workers in venting the right to rips at the social fabric of the community, reality is that it made it more attractive for United several maquilado- organize freely are whose families now face uncertainty, and for States manufacturers to find cheaper labor ra plants in northern common, and smaller many, the arduous tasks of either looking for abroad, and thousands ofAmerican workers are Mexico. Right now, Contributions can be unions struggle to com- work, moving, or going back to school. Yet, losing their jobs. This is precisely what hap- Reynosa employs made to: pete with the CTM. there is some hope, as the Illinois Employ- pened when the nation’s third largest appliance about 200 people at Yet, in an irony ment & Training Center is available for any- manufacturer, Maytag, decided to move their its two Maytag produced by the glob- one in Galesburg who is either underemployed refrigerator manufacturing plant to Mexico. plants, but expects OPEIU, Local 444 al economy, Reynosa or unemployed. This center provides unem- What is the effect of NAFTA? Look no to hire another 700 itself may lose out on ployment insurance, employment services, further than the town of Galesburg, Illinois, for all three of its Emergency Fund jobs to a cheaper pay- job training, counseling, tuition benefits, and formerly the site of a large Maytag refriger- Maytag plants. ing competitor. While workshops to illustrate all the services offered. ator manufacturing plant where 100 OPEIU The people of c/o Monte Voss, Reynosa pays about While United States unions have fought members were employed. On October 11, Reynosa, however, President $6.50 per day, the and won long battles to improve the lives 2001, Maytag announced it would start wind- are not guaranteed a same jobs in China of those employed in manufacturing jobs, ing down production at the Galesburg plant better way of life 1706 282nd Ave. pay only about $2 a large corporations focused on the bottom in late 2003 in favor of a plant in Reynosa, because of the day. In fact, Mexico line will only continue to be seduced by the Mexico. Pink slips were sent out on maquiladoras. There Galesburg, IL 61401 has lost hundreds of siren calls of cheaper labor in Mexico and September 26, 2002 for 380 employees, leav- are about 150 man- thousands of China as a result of NAFTA. Regrettably, ing 1,200 still working at the plant, which is ufacturing plants maquiladora jobs to Galesburg is not the only United States slated for closure in 2004. Only three years that account for 70,000 jobs in Reynosa, but China because of lessened United States example, and if shipping prices lower, ago, however, Maytag employed 2,400 in the influx of these plants has also brought huge demand and the prospect of cheaper employ- Reynosa itself may soon become the next Galesburg. While Maytag made the move to contrasts. On one hand, there are the clean new ees in China. The best hope for the maquilado- Galesburg. Despite their best intentions, try to become more “competitively viable” plants that bring employment and increased ras, however, is that United States companies proponents of NAFTA clearly did not envi- the people of Galesburg are faced with unem- economic potential. But, on the other, there will want to avoid shipping costs associated sion that the greatest job growth sectors ployment and hardship. are shantytowns, poverty, and huge infras- with having plants in Asia, which bodes well stemming from the enactment of the free Reynosa is a town 1,200 miles south of tructure concerns such as electrical, water, med- for manufacturers of large and bulky items trade agreement would be manufacturing Galesburg, but lies right across the border ical, sewage and transportation needs that strug- such as Maytag refrigerators. jobs in Mexican maquiladoras, Chinese fac- with Texas. One of several towns along the gle to keep up with the influx of poorer immi- But, what is the best hope for the manu- tories, and Illinois unemployment training border with the United States, Reynosa was grants from southern Mexico. facturing towns in the United States like centers. Until Mexico and China are one of the first maquiladoras. Maquiladoras Adding to the difficulties faced by workers Galesburg that have lost the large manufac- required to raise their labor standards, it are assembly plant towns that were created in Reynosa is the weakness of Mexican union turing companies that previously provided appears likely that the current race to the by a 1965 Mexican government program that representation. The Confederacion de thousands of jobs? Downsizing drastically bottom will continue. sought to improve the depressed economies of Trabajadores de Mexico (CTM) represents the affects the local economies, and other busi-

Issue 4, Winter 2004 • 3 North Central/Erieand Northeast EducationalConferences high- light development of strategic contract campaigns

PEIU members throughout the country continue to sharpen their skills at area edu- cational conferences, learning the latest organizing, contract negotiation and com- OPEIU Organizing Summit held Omunication techniques. The North Central/Erie Area Educational Conference, held October 24-25, 2003 and the On September 29-October 1, 2003, OPEIU sponsored an Organizing Summit at the Northeast Area Educational Conference, held November 14-16, 2003, both had the theme Wyndham Baltimore Inner Harbor hotel in Baltimore, Maryland. The three-day con- “Creating Leverage in the Field to Win at the Bargaining Table.” The conferences explored ference was led by OPEIU International President Michael Goodwin and Kevin Kistler, the development of strategic contract campaigns, and afforded participants the opportunity to Director of Organization and Field Services. break into small groups and evaluate recent contract experiences. Participants also reviewed The summit featured an organizing panel discussion on Public Sector Organizing helpful union communication strategies, and learned how to create long-range strategic con- with Ed Darcy, Sr., OPEIU Florida Regional Director, and Joseph Sano, Executive tract campaign plans. Director of OMCE. A panel was also conducted exploring organizing efforts of var- “These conferences are vital to our success as a union,” said International President Michael ious industries within OPEIU, including: the Catholic Teachers, led by Richard Goodwin, who spoke at both conferences. “It’s very important that our local leaders have Lanigan, OPEIU International Vice President and Secretary-Treasurer of Local 153; the necessary skills to effectively negotiate contracts with employers, communicate with internal organizing, led by John Conley, President, ITPEU Local 4873; and the heli- potential employers, and to create long-range strategic contract campaigns. All members are copter pilots, led by Steve Ragin, President of Local 108. urged to attend these conferences in their regions, and to take advantage of the subsidy avail- OPEIU International Representative John Lynch and Local 8 Director of Organizing Cindy able to Local Unions from the International Union for these conferences,” Goodwin said. Schu also led an in-depth discussion about organizing strategy, and OPEIU General Counsel As usual, the conferences included an opportunity for participants to privately meet with Melvin Schwarzwald discussed legal issues in organizing with e-mail and unit clarifications. International President Goodwin to discuss issues of concern. Finally, a discussion and workshop was held exploring the ways to create an effec- tive Local Union organizing plan.

Ernie Grecco, President of the Congressman Elijah Cummings (D- Baltimore Central Labor Council, MD) and Kevin Kistler. addresses the Summit. Local 6 and Local 153 members busy at work.

OPEIU Healthcare Pennsylvania, Local 112 delegates. Local 391 delegates.

Region II Vice President Richard Lanigan (second from right) with Local 153 delegates. Members of Local 28.

4 • White Collar Women activists meet at CLUW Convention

n October 9-12, 2003, more than 750 acted as workshop presenters, and were To begin the convention on Friday, OPEIU President Gloria Johnson urged members to women activists from throughout the involved in a variety of other responsibilities. Local 2 member Renee Barnes McSwain pre- step up to the “huge challenge of mobilizing OUnited States and Canada partici- Several committee meetings took place sented a beautiful and quite memorable ren- voters in Election 2004” as a way of turning pated in the Twelfth Biennial Convention of in the days leading up to the formal conven- dition of both the American and Canadian the tide on the Bush Administration’s attacks the Coalition of Labor Union Women tion opening on Friday, October 9. On National Anthems. on overtime pay, the courts, personal priva- (CLUW). This year, the convention took Thursday, a successful Power Walk was held During the opening session, the Parade of cy, public education and many other issues place at the Westin Hotel in Seattle, that raised funds for a local homeless Banners presented the impressive array of that are vital to the well-being of working Washington, and the women activists voiced women’s shelter, and OPEIU made a very Coalition of Labor Union Women Banners. families. their views and concerns on many issues of substantial financial contribution to this shel- Jearlene Fleming, Vice President of OPEIU Representatives from all six AFL-CIO importance to today’s working woman. ter. Additionally, an all-day Health Fair Local 391 in Chicago, and Carmen Corral, constituency groups also presented their plans Approximately 40 OPEIU members par- Conference with exhibitions was held, and a member of the Executive Board, Local 30 for mobilizing their respective bases for an ticipated, giving OPEIU a strong presence at a luncheon for all participants was gener- in Los Angeles/San Diego, proudly carried Election 2004 victory, making the conven- the convention. These OPEIU women served ously hosted by a coalition of Kaiser the OPEIU Banner. tion of the Coalition of Labor Union Women on the many committees and honor guards, Permanente Unions. During her opening address, CLUW a rousing and inspiring success.

Lobbyist Corner 2003 Congressionalhighlights

Submitted by OPEIU Lobbyist Robert McGlotten of McGlotten & Jarvis

OPEIU members and their families did not fare well in the legislative arena in the 1st ses- ferences. The main disparity is how much recourse patients should have in court. sion of the 108th Congress. Today workers are faced with a President and a Republican Congressional Leadership that seems to be out of touch with the needs of working families. OPEIU supports the rights of patients and asks for immediate passage of the bill.

Medicare Prescription Drug Overtime Pay Protection Passed the Congress and signed into law by the President— Senate Democrats blocked a move to ram through an omnibus appropriations bill that • Moves Medicare toward privatization and steers seniors and persons with disabil- failed to include overtime pay protections that both the U.S. House of Representatives ities to private HMOs; and the Senate previously approved. The omnibus bill combines several spending mea- • Forces 32.5 million beneficiaries to pay higher premiums and other Medicare costs; sures into one bill. Congress still has time to correct a serious flaw in the omnibus spend- • Prevents the government from negotiating lower drug costs and does nothing to ing bill by adding overtime rights for up to eight million workers. rein in soaring prescription drug prices; • Opens the door to a whopping $139 billion in profits for the pharmaceutical indus- OPEIU urges you to call your Senator on January 20, 2004 when Congress reconvenes. try, and worst of all, the American seniors won’t feel the full effect until 2006 when the legislation is fully implemented. Getting Involved Grassroots involvement significantly amplifies our Union’s lobbying efforts. Phone OPEIU urges you to ask your Representative to review the unfairness of this law. calls and personal letters encouraging your congressional representatives to back labor-friend- ly measures are invaluable. Elected officials need direct feedback from our members urg- Minimum Wage ing them to sponsor and support OPEIU-endorsed legislation. Every letter counts. Every No action by the Republican Leadership on S. 224 introduced by Senator Daschle (D- phone call can make a difference. If you prefer to make written contact, OPEIU strongly SD) and a House bill, H.R. 965, introduced by Congressman George Miller (D-CA). advises you to mail all correspondence as opposed to sending an e-mail. With your sup- port, we can press for more immediate action on key bills awaiting hearings in both the OPEIU urges you to contact your Representative to pass this legislation. House and Senate, such as the Minimum Wage and the Patient Protection Act. If you know who your House Representative is, the Clerk of the House maintains Mental Health Parity Bill addresses and phone numbers of all Members and Committees: Clerk of the House, U.S. Senator Edward Kennedy (D-MA) and the Democratic Leadership sent a letter to Capitol, Room H154, Washington, D.C. 20515; phone: (202) 225-7000; hours: 9:00 a.m. Majority Leader Bill Frist (R-TN) asking for a vote on S. 1832, the “Paul Wellstone Mental to 6:00 p.m., Monday through Friday. Health Equitable Treatment Act,” which is named after the late Democratic Minnesota Please direct your questions about communications with your Senators to the specific senator who championed mental health parity. The legislation has 66 sponsors in the office(s) in question by using the following format: Office of Senator (Name), United Senate. States Senate, Washington, D.C. 20510. You may also phone the United States Capitol’s switchboard at (202) 224-3121. An OPEIU supports this bill and urges early action. operator will connect you directly with the House or Senate office you request. If you are not sure who your representative is, the following Web sites contain links to con- Patients’ Bill of Rights gressional directories: http://www.house.gov/writerep and http://www.senate.gov/learn_faq.html. Both Houses of Congress have passed bills that are now in a conference to work out dif- You can also access this information at your local union. Prudentialagents want apieceof therock!

Continued from page 1 to petition for another election. Since the NLRB had still not ruled on the company’s hostage by the NLRB,” said OPEIU federal labor law. The judge ordered a new NLRB was taking so long to rule on appeal of the order to re-run the old elec- President Michael Goodwin. “We can’t election. Prudential appealed the ruling to Prudential’s appeal of the administrative tion! get the old election re-run and we can’t the NLRB. law judge’s year-old order to hold a new Local 153 appealed the regional director’s get a new one scheduled! It’s time for the More than a year has passed since then. election, Local 153 petitioned the NLRB decision to the NLRB itself, which dismissed NLRB to make a decision one way or During that time Prudential agents have for an entirely new election in the spring it, while still not deciding on the far older another and give back to the Prudential indicated their continued desire to form a of 2003. Remarkably, an NLRB regional appeal by the company. employees their right to vote for union union with Local 153 by again signing cards director dismissed the petition because the “The Prudential agents are being held representation.”

Issue 4, Winter 2004 • 5 OPEIU scholarships awarded to deserving students

OPEIU is pleased to announce the 2003 winners of the Howard Coughlin and John Kelly Scholarship programs. Congratulations to all of this year’s winners! HowardHoward Co Coughlinughlin Memorial Memorial Scholarship Scholarship Winners Winners 2003 2003

### Full-Time Winners ### ### Part-Time Winners ###

Gabriel Lopez-Betanzos Loren Brooks Justin Bagdady

Jessica Cerchio Julia Cohen James Merriman

Veronica Churchill

Lyndsey Deaton Jenna Rose

Diane Varsho

John John K KellyellyLabor Labor Barry Fadness Michael Skaggs StudiesStudies S Scholarshipcholarship Winner Winne rs2003s2003

Robert Haddad [No photo available] Michael Tucker

Christopher Amoroso Jessica Cerchio

Laura Legault Kavi Vyas Shaunna Mason Michael Tucker

Andrea Zuniga

6 • White Collar Local2 member wins collegescholarship

scholarship provided by the Union NLC, which is located in Silver Spring, er of a 22-year-old son. “The professors are gram allows students to attend classes at their Plus Education Foundation is help- Maryland. The GMC-NLC, one of the great and it’s been good getting to know other own pace; the curriculum complements the Aing Clarissa Reynolds, a member of world’s premier labor education institutions, union members. The scholarship has been a work and union experiences of students; and OPEIU Local 2, to fulfill her dream of receiv- has graduated nearly 800 students from its real help to me, and I appreciate it.” it provides a learning assessment program ing a bachelor’s degree from the George Bachelor of Arts (B.A.) program since “Higher education has become increas- that enables many students to obtain college Meany Center- becoming a college in 1997. ingly more difficult for working families to credit for their relevant life and work expe- (GMC-NLC). Reynolds is one of more than Reynolds, who works in accounts payable afford,” said Leslie Tolf, Union Privilege riences.” thirty union members this year to receive a for the Bakery, Confectionery, Tobacco president. “That is why we are proud to spon- In addition to the B.A. program, GMC- cash award to attend the College as part of Workers and Grain Millers International sor the Union Plus National Labor College NLC offers a Master’s in Public Ad- the Union Plus National Labor College Union (BCTGM), began attending the Scholarship program and help men and ministration and a Master’s of Arts in Legal Scholarship program. The scholarship pro- College this past fall. She is planning to earn women in the labor movement achieve their and Ethical Studies. The Master Degree pro- gram is administered by GMC-NLC. a B.A. degree in Labor Organization by June dreams for a higher education. grams are offered in partnership with the The scholarship winners, who represent 2005. “The National Labor College offers a University of Baltimore. GMC-NLC also a wide range of union affiliations, goals and “Attending the College has been a won- unique program that is tailor-made for work- offers certificate programs and individual accomplishments, are enrolled in the GMC- derful experience,” said Reynolds, the moth- ing men and women,” Tolf adds. “The pro- program studies. OPEIU shows its PrideatWork Philadelphianursestrike Continued from page 1 were held and attended by hundreds of sup- ore than two hundred Pride at Work (PAW) trade unionists and their allies and sup- patient care standards. porters. International President Michael Mporters braved Hurricane Isabelle to attend the Fifth Biennial Convention of Pride The nurses were subject to a procedure Goodwin, speaking at a rally on November at Work. called “mandation,” which allows hospital 24, 2003, urged the nurses to continue their Pride at Work is an official constituency group of the AFL-CIO, and Secretary- managers to force nurses to work 12, 16 or fight. He pledged the full support of the Treasurer Nancy Wohlforth serves as Co-President with Josh Cazares, the AFL-CIO’s 20-hour shifts when the hospital was short International Union along with weekly strike United Way Labor Liaison. At the convention, Wohlforth was re-elected for her fourth staffed. The problem is that the hospital is benefit payments to each striker. consecutive term. Pride at Work honored OPEIU International President Goodwin for constantly short staffed and the nurses were The picket line was up twenty-four hours his outstanding commitment to fight for justice and equality for workers who contin- forced to work overtime. They had very few a day at the hospital’s four entrances and the ue to be discriminated against in the workplace. He was presented with an official options to refuse and this created havoc in nurses’ story was on TV and radio as the plaque for OPEIU’s commitment to having all of Pride at Work’s material translated into their lives. They couldn’t attend planned nurses were interviewed to explain their fight Spanish to benefit the group’s large Latino membership. PAW also presented him with events outside of work as management to the public. The Philadelphia City Council the symbolic “Tinky-Winky Award” for his willingness to take on the conservative, would threaten them with “abandoning the passed a resolution in support of the strikers anti-union right wing who claim that even in children’s programming there is a pro patients” if they were to refuse forced over- and their principles. The nurses fought every Pride at Work agenda. As you can see from the photos, a wonderful evening was had time. hospital rumor and deceit and they erected by all. MCP Hospital is a Level One Trauma an 18-foot high inflatable rat in front of the Center with a busy emergency room. It is an hospital’s main entrance and published a list acute care facility where life and death deci- of members and merchants who dared to sions are made daily. “Patient safety was at cross their picket lines. risk and nurses licenses were at risk,” said The hospital attempted to undermine the Michael Bodinsky, Executive Director of strike by bringing in scab nurses from Local 112. Colorado and California who they paid $5,000 Under the expired contract, nurses were a week. The hospital also took out newspa- paid premium pay for working these unsched- per ads misrepresenting the nurses concerns uled forced overtime shifts. The hospital was but when all was said and done the nurses’ demanding a reduction in pay for the extra message rang true. With the assistance of the hours. The nurses stated that the premium International Union, Local 112 and a federal pay reduced what could have been an even mediator, negotiations were resumed and greater amount of forced overtime. Without finally led to an offer from management that premium pay, management would have no contained a provision of “no forced overtime.” incentive at all to schedule sufficient staff to The nurses had won their strike! handle the patient load. Sadly, however, the hospital was not done The nurses, first timers on the picket line, with their efforts to defeat the nurses. On the began a riveting strike that captured the imag- morning of the ratification vote the hospital ination and support of the press, politicians announced that it was going to close in March OPEIU International Secretary-Treasurer and President of Pride at Work and the public at large. Their mantra was that 2004! The nurses do not look at this as the Nancy Wohlforth presents International President Michael Goodwin with “Someday, everyone will need a nurse — end but only the beginning of yet a new fight the "Tinky-Winky Award." whether due to injury, illness or simply old to save the hospital and keep it open and age.” Two weeks into the strike, the hospital available to the community. As this issue of made what they called a “last, best and final White Collar went to press, meetings were offer.” That offer was also rejected because it being held to plan this new fight, which the did not eliminate forced overtime. nurses fully expect to win! Joining in support of the nurses in their The negotiating committee consisted of struggle was the staff of Local 112, the Patricia Donohue, Tawana Hardy, Janet International Union and an array of other McDermott, Sharon McKee, Cheryl trade unionists from across the state includ- MacDonald, Linda Hennessey and Thomas ing many unions based in Philadelphia. The Witham. Executive Director Mike Bodinsky nurses were pleased to receive the support also joined the negotiations after the strike of Henry Nicholas, President of Local 1199C began and facilitated the settlement offer. and Bill George and Rick Bloomingdale, The union acknowledges the contributions President and Secretary-Treasurer of the made by Robert Bedard of R.J. Bedard Pennsylvania State AFL-CIO, respectively. Associates who contributed so much in han- OPEIU members at the Fifth Biennial Convention of Pride At Work. Patients and residents in the community also dling the public relations effort that was crit- lent support to the effort. Huge public rallies ical to the success of the strike.

Issue 4, Winter 2004 • 7 Canadian News

Local378 continues fight for its members and public auto insurance

ocal 378 continues to fight although Local 338 is still fighting for its tion of highly visible lock-out emergen- sense to force employees to take signifi- for the approximately 4,600 members by correcting false characteri- cy survival kits. cant concessions.” LOPEIU members who are up zations spread by ICBC President Nick To fight for its members, Local 378 is The British Columbia Liberal govern- against substantial concession Geer. In a recent fax to Geer, New also opposing proposed legislation, Bill ment, however, is also intent on pursuing demands from ICBC, the crown cor- accused him of publicly demeaning the 93, known as “The Insurance (Motor its blind ideology of privatization whether poration’s public auto insurance work of ICBC employees, withholding Vehicle) Amendment Act.” This legisla- or not the crown corporation will be suc- company for British Columbians. information from the bargaining sessions, tion will pave the way for changes that cessful. Unfortunately, in the eyes of While the collective bargaining attempting to embarrass the workforce, will harm all auto insurance policyholders Local 378, this strict adherence to priva- agreement expired June 30, 2003, and undermining the corporation. by drastically increasing rates. Local 378 tization prevents the government from members of OPEIU Local 378 were Fortunately, Local 378 has a strong is still running their “Don’t Wreck Public seeing the benefits of public auto insur- in negotiations with ICBC since continuation clause in their ICBC col- Auto Insurance” campaign in opposition ance, and is an impediment to the pro- March 2003. Although they are con- lective agreement, which has the effect to this legislation. “This is a government tection of Local 378 members. Other gov- tinuing to work at ICBC, members of continuing the terms and conditions giveaway to the private auto insurance ernments moved past the ideological of Local 378 announced their 84 of their existing agreement until a new companies that will be paid for by young straightjacket of privatization, as huge percent strike vote on August 8, agreement is negotiated. To pursue this drivers and seniors through higher insur- increases in private auto insurance rates 2003 because of the lack of aim, Local 378 has initiated innovative ance rates and northern and interior drivers caused the Alberta and Ontario govern- progress in negotiations. job actions to preserve their 84 percent through loss of coverage,” New said. ments to introduce rate freezes on private At the bargaining table, Local 378 pro- strike vote, and to put pressure on the Despite the fact that ICBC just auto insurance. In fact, the contrast posed the continuation of their existing employer without creating financial announced a $112 million profit for the between public and private auto insur- collective agreement, and has rejected the hardship for their members. These third quarter of 2003, and a recent report ance is clear. There were 58 percent massive concessions demanded by the include such on-going measures as hav- of the Consumers Association of Canada increases in auto insurance premiums in ICBC. This is an important fight for the ing an overtime ban on Halloween; (BC) illustrated that ICBC is seen as a places such as Alberta, Nova Scotia and 378 members, as they strive to keep what changing voice mail and messages to model for auto insurance across Canada, New Brunswick this past year, but the they have, and at the same time protect inform people that the employees are they continue to demand concessions. At public auto insurance rates from ICBC public auto insurance in British Columbia. still working “despite the fact that my this time, however, no further bargaining only increased 7.3 percent last year, and “[ICBC is] attempting to destroy the ben- employer has not been willing to nego- dates are scheduled. Says New, “We have are only expected to rise by less than 1 efits of public auto insurance,” said Jerri tiate a fair collective agreement;” chang- repeatedly said ICBC management is pro- percent in 2004. New, Local 378 President and ing email signatures to read “Good voking an unnecessary labor dispute – With no further bargaining sessions International Vice President for Region People Deserve a Good Contract;” a but- our members are not looking for anything scheduled, Local 378 will continue to dig VII. “The employer is asking for very sub- ton and sticker campaign with the same more than a continuation of the existing in its heels and prepare to fight with job stantial concessions, and is being very slogan used in the email signature, and terms and conditions of the current con- actions and public calls for ICBC to nego- aggressive about those concessions, in “Don’t Wreck Public Auto Insurance;” tract with renewed gainsharing as pro- tiate a continuation of the existing terms terms of employee scheduling of work, the initiation of a “Cyber Picketline,” posed by the Union. With ICBC enjoy- and conditions of the current contract. leave entitlement, sick day provisions, and which advises customers to call employ- ing [$112 million Q3] profits … and While waging an important fight to pro- seniority.” ees rather than file claims with ICBC rewarding its executives with individual tect the rights of OPEIU members, Local The two sides are still not talking, through the internet; and the prolifera- bonuses of up to $100,000, it makes no 378 also continues to fight to preserve BC Hydro members transferring to BC Transmission Corp find few rights after Bill39 legislation

ocal 378 members at BC Hydro in contracts at Hydro as well as provisions of number OPEIU three to one in the new Off Hydro campaign to raise public aware- British Columbia who transferred to the BC Labour Code. company. ness, the Local, supported by BC Citizens Lthe newly created BC Transmission Confined by the new legislation, trans- Pension issues are also worrisome. for Public Power and IBEW, has filed a BC Corporation (BCTC) attended union meet- mission employees had little say in the mat- Employees are not being allowed to con- Supreme Court action that says Bill 39 and ings to discuss their few remaining rights after ter. In contrast, the 1,400 Local 378 mem- tinue contributing to the BC Hydro Pension Bill 10 violate the Canadian Charter of their collective agreement was stripped by new bers from BC Hydro who transferred to Plan. Members must either leave their pen- Rights and Freedoms [see story on page 9 provincial legislation, and hear about the steps Bermuda-based Accenture earlier in 2003 sion credits at BC Hydro and take a deferred for further details]. Local 378 is taking in an attempt to stop the were considered privatized so they had nor- pension or transfer their credits to the new Last year, BC Citizens for Public Power breakup of BC Hydro. About 44 Local 378 mal rights such as being eligible for sever- company. launched a class action lawsuit against the members from BC Hydro transferred to BCTC ance and could bump back to Hydro. Transferred employees must join the new government’s actions in a case that began to on August 1, 2003. Local 378 members at BCTC will keep BC Transmission Pension Plan that has a be heard in October 2003. Bill 39, the BC government’s legislation their BC Hydro collective agreement until much smaller employee base. This is a con- “We’re doing all we can in the Charter to break up BC Hydro by separating its it expires in 2005. Under Bill 39, howev- cern because it may not be as financially challenge, the class action lawsuit and orga- transmission functions and turning them er, the employer can apply to the Labour viable in the future. nizing Local 378 members and communities over to a newly-incorporated separate com- Board for a single union certification. Local 378 has made a last ditch stand in to resist the BC Liberal’s privatization agen- pany, BC Transmission Corporation, breaks If BCTC gets its wish to have just one the courts in an effort to reverse the breakup da and avoid disastrous mistakes made with OPEIU Local 378 and International union in the company, Local 378 member- of BC Hydro. OPEIU 378 President Jerri electricity deregulation in Alberta, Ontario, Brotherhood of Electrical Workers (IBEW) ship would be at risk. IBEW members out- New says that as well as launching a Hands California and elsewhere,” New said.

8 • White Collar Canadian News SupremeCourt of Canadadismisses Laurentian Bank appealapplication

n a decision rendered on September 25, 2003, the Supreme Court of Canada dis- within his jurisdiction in ordering the reinstatement of this employee. missed an application for leave to appeal made by The Laurentian Bank of Canada. This decision is a landmark case in the Canadian labor movement. In refusing to grant IThe appeal was to quash a decision by an arbitrator who had ordered the reinstatement leave to appeal to this employer, the Supreme Court of Canada has clearly stated that of a cashier, a member of OPEIU Local 434, who had been dismissed for having taken this type of decision, if permitted by the parties in a collective agreement, falls within the $2,500 in order to satisfy a pathological addiction to gambling. jurisdiction of the arbitrator who has the authority to review any disciplinary measure The facts in this case are simple. A cashier, with almost 25 years of service with the imposed by an employer. In doing so, an arbitrator must consider all of the relevant cir- Laurentian Bank, suffering from depression, having family and professional problems, cumstances, both attenuating and aggravating before rendering a decision. turns to video lottery terminals for escape. Prior to the firing, while the disappearance of Furthermore, if the arbitrator has such authority, no employer can dismiss an employ- the money was being investigated, she admitted to management that she had taken the ee with impunity as in the case at hand. Prior to taking the decision to dismiss, this money as well as admitting that she had a gambling addiction and had started attending employer was aware that the employee had a gambling addiction and was trying to over- Gamblers Anonymous meetings. come her problems. At the arbitration hearing, the facts having been admitted, lawyers for Local 434 pre- In conclusion, it must be stated that this was not an easy victory. A defense based on sented expert witness testimony to confirm that this employee was indeed a pathological a pathological gambling addiction will not be accepted at its word. It requires the testi- gambler who satisfied the relevant criteria as laid out in the DSM-IV (Diagnostic and mony of psychiatrists and expert psychologists in this field in order to be accepted. If Statistical Manual of Mental Disorders, Fourth Edition). This diagnosis was corroborat- accepted, however, a finding of pathological addiction to gambling will become a significant ed by the expert psychiatrist who examined this employee on behalf of the Bank. attenuating circumstance that will be considered with the rest of the merits of each par- In rendering his decision, the arbitrator considered the aggravating circumstances of ticular case. the case, which included the taking of the money and the lying on the stand about hav- ing gambled again during the arbitration process, a process which lasted several days over a period of many months. On the other hand, the arbitrator also considered all of the attenuating circumstances of the case, namely, this employee’s long service of employment, flawless disciplinary record, depression, family and professional problems. More importantly, relying on expert testimony from both sides, he concluded that the money was taken to satisfy a patho- logical addiction, evidence having been presented that this employee was fundamental- ly an honest person, but for the pathological addiction to gambling, would never have acted in a manner contrary to her moral values. On this basis, the arbitrator ordered the employee reinstated as a cashier at the Laurentian Bank, without compensation for the 22 months that had elapsed since her firing. On appeal to the Superior Court of Quebec, the learned judge reviewed the arbitrator’s decisional process and concluded that he had committed no error in fact or in law, thus rendering a decision that was within his jurisdiction. This was further evidenced by the fact that the parties in the collective agreement had not limited the arbitrator’s powers and therefore he could revise, rescind or substitute a lesser sanction to any disciplinary mea- sure imposed by the employer. The Laurentian Bank of Canada appealed to Quebec’s highest court, and on March 5, 2003, the Quebec Court of Appeal, in a unanimous decision, concluded that the learned judge in Superior Court had committed no error in his review of the arbitrator’s deci- sion. Furthermore, the Court also examined the arbitrator’s decision and based on all of SEPB Director Serge Cadieux, who argued the case before the Canadian the facts and expert evidence submitted in this case, concluded that the latter had acted Supreme Court. Local378 launches uniquechallengeunder Canadian Charter of Rights and Freedoms to stop breakup of BC Hydro

n British Columbia, OPEIU Local 378 export markets.” The legislation also lets them break Local in British Columbia. A similar court chal- and President Jerri New have launched The Charter challenge is also a response 378 and IBEW collective agreements. lenge in Ontario forced the Conservative Ia legal challenge under Canada’s to BC Liberal attempts to hide secret nego- Activists are concerned the provincial government to abandon their plans to pri- Charter of Rights and Freedoms to the tiations with Bermuda-based Accenture government is handing over rights to for- vatize Ontario Hydro. provincial government’s Bills 10 and 39 Corporation and the privatization of a third eign corporations to control transmission In a related action, a local group, BC that privatize and break up the crown cor- of BC Hydro from the BC Utilities lines. Only the BC Liberal’s corporate Citizens for Public Power, has a class action poration, BC Hydro. Commission (BCUC) and the courts. friends will profit. lawsuit underway in an effort to stop the “We’re trying to maintain BC control of The provincial government’s legislation If successful, the Charter challenge will BC Liberal’s privatization agenda. More our electricity system,” said New. “BC tries to put itself above the law by denying force the government to hold full public than 52,000 signatures from BC residents Liberals want to put our power resources access to the BCUC, the Labour Relations hearings before the BC Utilities and OPEIU members support the BC in the hands of foreign corporations and Board and the courts in any potential review. Commission about the electricity system Citizens for Public Power’s lawsuit.

Issue 4, Winter 2004 • 9 I Work and Health

SARS, Influenza and the Use of the Influenza Vaccine Washington Window Submitted by Jeffrey S. Freed, M.D. OPEIU Local 153, Health Fund Medical Director

he influenza vaccine is produced in The present vaccine in use will not com- advance of the flu season according pletely prevent the febrile respiratory illness The End of the Tto which strains of virus are predict- caused by the influenza virus. The resulting ed to infect Americans that year. The vacci- fact is that antibodies (proteins that help to nation program has been supported and rec- kill the virus) against the most common strain ommended by the Centers for Disease of virus now infecting people in this coun- Age of Idealism Control for reducing influenza infections and try was not included in the present vaccine. their complications. The vaccine, however, When the virologists and epidemiologists is not recommended as a preventive for severe were deciding the strains to be included in ovember 22, 2003 marked the in presidential election years. It appears acute respiratory syndrome, better known as this year’s vaccine in January, they did not 40th anniversary of the assassi- in constant comments of people that “pol- SARS, which has similar presenting symp- know of one of the strains that has become a Nnation of President John F. itics turns them off” and that they only toms as influenza. major cause of infection. Even under these Kennedy. It also marked the beginning of want to make sure their ends meet. Influenza vaccine is effective only against circumstances, however, there is cross-pro- the end of the age of U.S. idealism — a It’s just below the surface in “Bowling the influenza virus infection and remains the tection from certain of the antibodies that watershed in U.S. history and attitudes Alone,” and in the dropping percentage of best choice for preventing influenza and its were included. At worse, if you are infected that union members must still deal with committed activists to causes to better complications. Children two years old or with the excluded virus, the vaccine will today. America, from organizing to civil rights to younger and persons 65 or older are most cause the severity of illness to be much less. Just pause and think of what the coun- social justice to volunteering at charities. likely to develop the complications of influen- It must be understood that the vaccine will try was like 40 years ago: A heightened And it appears in the ideological divide za infection and should definitely be vacci- not prevent infection by non-influenza agents sense of participation by all Americans in that splits the U.S. into two angry halves, nated to avoid these problems. People who and to repeat, the effectiveness of the influen- the great promise and projects of build- with one — the Right Wing and its big have certain medical conditions (e.g., heart za vaccine is less than 100 percent. ing a better society, a confidence that business allies — trying to literally destroy and lung diseases, immunosuppression and Therefore, if you are vaccinated and still America “could do no wrong,” trust in its the other. woman in the second or third trimester of develop a respiratory illness with significant leaders, high turnout by its voters, a for- The age of idealism began to end with pregnancy) are also at high risk of compli- fever, it can be influenza and a physician ward outlook. the assassin’s bullets that felled JFK. Now cations from influenza and should be vacci- should be contacted if you have significant Winning World War II, in which orga- it has virtually disappeared. What remains nated. Vaccination is also recommended for disability. And if you do develop this type of nized labor played such a key role — as is an age of cynicism. As a result, citizens those persons who come in contact with those illness, it is still very, very unlikely to be soldiers, sailors, Marines, merchant say “What’s the use?” and retreat into their at high risk, for example mothers of very SARS. If the fever, weakness, cough, short- mariners and Coast Guards — and in the own shells. young children and caretakers of the elderly. ness of breath or mental changes develop, home front’s astounding production in This is the attitude labor must combat. Vaccination of health care workers is espe- however, and especially if any of these symp- factories, played a large role in that era. This is the cynicism labor must overcome. cially recommended to prevent transmission toms become worse, a physician should be And Kennedy, a World War II hero This is the malaise — to use President of the virus from patient to patient, especially contacted immediately. Do not try home who challenged voters and who met with Jimmy Carter’s word — that threatens the those who care for persons who have a high remedies or delay seeking medical care if workers and courted their support on U.S. far more than al-Qaeda or Saddam risk of complications. your illness is progressing. everything from industrial policy to civil Hussein. General use of the influenza vaccine will rights, was also part of that era of confi- Cynical, jaded, tired, bitter citizens are reduce the number of cases of influenza and Jeffrey S. Freed, M.D. specializes in gen- dence and idealism. more likely to listen to the siren songs of decrease the severity of the illness in those eral surgery/proctology. He can be reached Look what happened since: Kennedy’s “white-knight” dictatorial types, or just vaccinated who still are infected. This reduc- at (212) 396-0050. murder; the Vietnam War; 1965 and 1968 ignore politics altogether, which is just as tion would result in a decreased number of riots; assassinations of Robert Kennedy bad. That lets such phony “white knights” cases of febrile respiratory illness, and there- and Dr. Martin Luther King; Chicago; take office, taking advantage of our inat- fore a decrease in the number of persons that Kent State; Richard Nixon’s spying on tention and disgust. will need evaluation for SARS. This decrease SAVE THE DATE! dissenters; the Middle East oil embargo. And when they do, what replaces the in cases will inevitably reduce the associat- And then came: Watergate and its age of idealism that started to die with the ed anxiety of the patients who require eval- The OPEIU immense violation of the Constitution that death of JFK? The age of hate. uation for the potentially deadly illness, its plethora of scandals involve; the Iran We in the labor movement see that SARS. Convention will be hostage crisis; attempted assassination of hate, from George W. Bush. Others see it Ronald Reagan; the Iran-Contra lawless- from other sources. To cite a few exam- held June 21-24 at ness; deficits “as far as the eye can see” ples: Americans see it from al-Qaeda; WHITE COLLAR the Diplomat Hotel under Reagan and Bush I; hatred of racial, religious and sexual minorities see Official Organ of OFFICE AND PROFESSIONAL EMPLOYEES President Clinton, culminating in it from non-minorities; political foes see INTERNATIONAL UNION in Hollywood, impeachment; al-Qaeda; the war in Iraq. it on the campaign trail and in the halls affiliated with the AFL-CIO, CLC http: www.opeiu.org Florida. Secretary- That’s only a partial list of the events of Congress. MICHAEL GOODWIN NANCY WOHLFORTH the U.S. has gone through since those That’s the bitter combination of cyni- President Secretary-Treasurer Treasurer Nancy shimmering days of 1963. cism, retreat and hate labor must battle. CALM Wohlforth will be What’s been a main result? A perva- That’s what we must overcome to get the ACPS sive, bitter, destructive cynicism about nation moving again. WHITE COLLAR (ISSN 0043-4876) is published quarterly by Office and Professional Employees International Union, 1660 L St., sending out further government, its leaders, their trustwor- That’s what we must fight to return the N.W., Suite 801, Washington, D.C. 20036. Periodical postage paid thiness and its ability to do positive things U.S. to the age of idealism that started to die at Washington, D.C. POSTMASTER: Send address changes to Office and Professional Employees International Union, 1660 L St., N.W., information to the for us. when those bullets in Dallas struck JFK — Suite 801, Washington, D.C. 20036. Reproduction by the Labor Press of any or all material herein con- The bitterness appears in the fact that because it is idealism, not hate, that helps tained is not only permitted, but wholly desirable in the interest of local unions shortly. workers’ education. half of registered voters don’t vote, even unionists, and indeed all Americans. Subscription Price $1 a Year

10 • White Collar NoticeToEmployees Subject ToUnion Security Clauses

his Notice is for all employees work- who elect to be nonmembers may object to age of reduction for the Local Union ranges selected by the American Arbitration ing in the United States under an funding expenditures which are not germane to between 0% and 8%. The remaining small- Association. Such challenges may also be TOPEIU contract containing a union the collective bargaining process. Expenditures er portion of the objector’s fee goes to the coordinated or consolidated with challenges security clause which requires, as a condi- germane to the collective bargaining process International Union. The percentage of non- to other OPEIU Local Union classifications tion of employment, that an employee pay (“chargeable” expenditures) represent that por- chargeable expenses of the International or calculations. dues or fees to the Union. The obligation stat- tion of the Union’s expenditure devoted to col- Union, which will be effective for the months Challengers must notify Nancy Wohlforth, ed in this Notice is the only obligation under lective bargaining, contract administration, of September 2003 through August 2004, is Secretary-Treasurer, at the Office and such clause regardless of the wording of the grievances, arbitration, and other matters affect- 13.25%. Professional Employees International Union clause. Individuals who are members pay ing wages, hours and other conditions of Individuals who choose to file objec- at 1660 L Street, N.W., Suite 801, dues, while individuals who are nonmem- employment. Examples of “chargeable” expen- tions to funding expenditures that are Washington, D.C. 20036, in writing, within bers pay equivalent fees. These dues or fees, ditures include: the costs of negotiations with nongermane to the collective bargaining thirty (30) days of their receipt of the which are authorized by law, are your fair employers; contract administration expenses; process must file them in writing with the Objector Letter, of any challenge he or she share of sustaining your Union’s broad range communication with employers in regard to Office and Professional Employees wishes to make through this arbitration pro- of programs in support of you and your work-related issues; handling employees’work- International Union, 1660 L Street, N.W., cedure. That challenge should specify which coworkers, but nonmembers may file objec- related problems through the grievance and Suite 801, Washington, D.C. 20036, classifications and/or calculations of the tions to funding expenditures that are nonger- arbitration procedure; lobbying on matters Attention: Nancy Wohlforth, Secretary- International Union and/or Local Union are mane to the collective bargaining process and directly related to conditions of employment; Treasurer. The objection must include the being challenged. thereby be obligated to pay fees represent- and Union administration. objector’s name, home address, Social The Unions shall bear the burden of justi- ing only expenditures germane to the col- Examples of expenditures nongermane to Security number, employer, job title, depart- fying their classifications and calculations. If lective bargaining process. the collective bargaining process (“non-charge- ment, work location, local union number, a hearing at which the parties or witnesses Only if you are not a member of the Union able” expenditures) include: expenses made and business telephone number. may be present is held by the arbitrator, it will or if you resign your membership, and in for community services; for lobbying on issues In order for an objection to be recognized be held at a location most convenient to the either case, file an objection to the funding of that benefit represented employees and their at this time, it must be postmarked during largest number of involved challengers. The expenditures that are nongermane to the col- families as citizens rather than as workers; for the month of June, except that newly resigned cost of any arbitrator proceedings will be paid lective bargaining process, may you pay fees political purposes; for certain affiliation fees; members must submit their objections post- for by the Unions. However, a challenger will representing only expenditures germane to and for benefits available only to members marked within thirty (30) days from the have to pay his or her own lost time and trav- the collective bargaining process. However, and their families. The fee reduction will rep- receipt by the Union of the resigning mem- el expenses, and fees, costs, and expenses of if you resign your membership, the many resent these non-chargeable expenditures. The ber’s letter of resignation. All objections must any persons they involve in the proceedings. rights and opportunities available to Union International Union’s Voice Of The Electorate be renewed each year in writing and all Once a written challenge is received from members will not be open to you. For exam- fund (“VOTE”), is an independent, segregat- renewed objections must be postmarked dur- an objector, the Local Union will place an ple, if you resign your membership you will ed fund that receives voluntary donations and ing the month of June. All objections will be amount equal to the challenged portion of no longer be able to: contributes to political candidates who sup- effective on the first day of the month fol- the fee into an interest-bearing escrow Vote on the terms of your contract; port the needs of working men and women. lowing the month in which the objection was account. It shall remain in that account until Participate in strike votes; No money received from dues or fees goes to received by the Union. the arbitrator issues a decision. Should the Participate in the development of contract the VOTE fund. Accordingly, the VOTE fund In addition to any other avenue of relief decision lower the percentage of chargeable proposals; is not considered in the calculation of the per- available under the law, an objector may expenditures, the appropriate portion of the Nominate, vote for, or serve as a delegate centage of expenditures that is spent on non- challenge the International Union’s and/or escrowed fees, plus the interest earned by to the International Convention; and chargeable expenses. the Local Union’s classification or calcula- that portion while in the escrow account, will Enjoy discounts and other benefits avail- Individuals who choose to file an objection tion of expenditures before a neutral arbi- be refunded to the challenger. All objectors in able only to members, including eligibility for will receive a rebate of their fees equal to the trator appointed by the American Arbitration each Local Union affected by the decision OPEIU scholarships for you and your family. percentage of expenditures that is spent on Association pursuant to its Rules for of the arbitrator will then pay the adjusted Individuals who are employed by public non-chargeable expenses. This percentage is Impartial Determination of Union Fees. Any fee amount determined by the arbitrator. If employers in the states of New Jersey and calculated separately for the International challenge a nonmember makes may be coor- the arbitrator approves the Unions’ classifi- Minnesota are covered by the demand and Union and for the Local Union. The major dinated or consolidated with other challenges cations and/or calculations, the escrowed return system applicable to them and are not portion of an objector’s fee remains with the to the Local Union or International Union money and interest will revert to the Local covered by this procedure. Other individuals Local Union. Studies show that the percent- determinations before a single arbitrator and International Unions. Unions protest at American Red Cross

New York City Central Labor Council Secretary Ted Jacobsen joins Local 153 Members of OPEIU Local 153,UFCW Local 1500,RWDSU Local 338 and other trade Secretary-Treasurer Richard Lanigan in support of Dr. Annie B. Martin, (center) unionists protest with an 18-foot rat in front of the American Red Cross in NewYork American Red Cross Labor Liaison, whose position was abolished on Dec. 31. in support of Dr.Martin.Demonstrations were also held at ARC inWashington,D.C.

Issue 4, Winter 2004 • 11 I Editorial

Employers are not on your side By Michael Goodwin, International President

nce again, OPEIU members have the kind of treatment workers should receive down the road, the only thing getting green- vide for your family. struggled through another difficult as taxpayers who have real and urgent health- er is the boss’s bank account. In hindsight, Please weigh your decisions on who to Oyear. There have been many strikes, care needs? The Tenet Healthcare Corp. does- we should have listened to Ross Perot! support for political office with your job as demonstrations, challenges to union repre- n’t live in the community and couldn’t care Where do we go from here? Members, the number one consideration. Don’t be side- sentation, and more bold and aggressive resis- less about it. please listen. It is critical for you to follow tracked to other issues. Think about candi- tance by the employers. The Maytag plant was profitable in Illinois current events more closely and be involved dates that will do something for you and your Despite all of these struggles, OPEIU — but they wanted to be even more profitable! in politics. The interests of big business are family, that will worry along with you about emerges from 2003 as strong and as deter- There’s no reason, other than greed, for misleading workers under the banner of war, workplace issues, that will care about you as mined as ever to keep hope alive for working Maytag to move to Mexico. In Mexico, they right to life, guns, school prayer, religious a worker and will vote to protect your job. families. Former OPEIU President John Kelly All too often workers will go into the voting used to say, “If they destroyed the labor booth and vote against their best interests. movement tomorrow, new unions would be They do this because they are not following formed from the ashes.” I believe he was right what our elected leaders do closely enough. and the fight for better conditions and If they destroyed the labor movement tomorrow, They need to pay more attention. improved quality of life will always exist. new unions would be formed from the ashes. As we proceed with the nominating pro- But in the meantime, we have to deal with cess for the Democratic candidate to face the issues that are thrust upon us each day. President Bush this fall, we need to select a We work in an environment where capi- —John Kelly candidate who stands the best chance of win- talism and the almighty dollar reign supreme. ning. We need to select a candidate with the In this issue of White Collar you’ll find two most experience. We need to select a candi- stories that demonstrate this point – the clos- date who is on your side as workers. ing of MCP Hospital in Philadelphia and the can easily replace good, high-paying jobs with values and many other issues that are sim- I urge each and every OPEIU member to relocation of the Maytag plant in Illinois to low wages and inferior benefits. After work, ply not germane to your relationship with register to vote in this year’s elections and Mexico. Neither employer gives a damn when workers leave the brand new state-of- your employer and your need to have a good participate in the selection process. This year about the damage done to families when the the-art plants set up for exploitation, they return paying secure job. These issues have to be — 2004 — will be the most important year father or mother loses a job and there’s no home to their run-down, shabby housing with separated from each other. The first thing you in determining how we as a country treat our money to feed the family or pay the rent. ill fed and poorly clothed children running have to concentrate on is YOU and YOUR workers than any other previous election. They don’t care if there are no other jobs in around. All of this in the name of profit! FAMILY and in most cases that means With four more years of the kind of treat- the community as long as their profit mar- When the North American Free Trade YOUR JOB. You must set aside personal ment that workers have received from the gin and bottom line improves. They don’t Agreement (NAFTA) was passed, we were beliefs and preferences in favor of your job. current administration in Washington, D.C., care as long as the employer’s pockets are told of the great benefits that would surely If you don’t have a job, you won’t have to I am afraid that John Kelly’s premonition lined well with the dollars that belong to laid- ensue. The grass was supposed to become worry about these other issues — you’ll be about labor unions being destroyed may come off employees. much greener. As we now know, several years too busy worrying about how to eat and pro- true. I hope it doesn’t come to that! In the MCP Hospital case, the facility is owned by Tenet Healthcare Corp. — a com- pany that operates more than 100 hospitals in the United States. Their sole purpose is profit, and if the hospital isn’t profitable — it’s closed — leaving the staff without jobs and the community without service. Is this AFL-CIO-CLC

Rev. Al Sharpton Carol Moseley Braun Dennis Kucinich Gen. Wesley Clark Richard Gephardt rne nUSA in Printed

Howard Dean John Edwards John Kerry Joseph Lieberman George W. Bush