Infe Ladrsi Report That It Now Mntiscontact with the Inter- Professional 'Association of Workers of the U.S.S.R

Vol. 32-No. 1 46January 6, 1989 EDITORIAL -I---

By JOHN F. HENNING Execut'ie Secretary-Treasurer Californi Labor Federation, AFL-CIO

When Cornwallis surrendered to Washington at Yorktown, it meant victory for the Revolution and birth of a new political order. As some 3,500 British troops dropped arms, the Red Coat band played "The World Turned Upside Down.'" A mournful and prophetic air for those who sensed the loss Margaret Butz Sherr Chiesa of a people and a n.ation. Loretta Mahoney Something like that perceived loss must be afflicting the fading.generations that around the globe gave their souls to Stalinism. Most V\bmen Ever~~~ Mikhail Gorbachev has largely reversed the direction of seven Soviet decades in his rush to liberalism. Indeed, a certain conirwmation comes in the'AFL-CIO's InFe Ladrsi report that it now mntiscontact with the Inter- Professional 'Association of Workers of the U.S.S.R. when not frsrae by authorities dead to change. Gorbachev does it aU in the name ofLeninismm as-he told More women are participating in President months Leni envisioned the leadership of the Cali,fornia Labor Reagan som.e ago. Federation than at any time in the wither'mg away of the state through the pristine purity of prior history of thie state AFL-CIO soiais. There was no witherinag, but rather burgeoni9ng organization. once Stali took.the Kremln in 1924. The new year finds five female .Comrade Khrushchevr was th'e rierst to voice formal vice presidents seated on the Ex- heresy., He. did it in 1960 at the 20th Co'ngress of the eputive Council,. the pli-.sWin -Soviet. Commit Pat. a i- StWlin had l.}.. body that guides the federation be- a tween biennial conventions. quidated "millions,"' shocker to inctsabroad who Loretta Mahoney, executive had approved every act of state terrorism. secretary of the State Culinary There is no keepin pace with Gorbac-hev. This week Workers Council has been a vice the Soviet. News 'Agency Tass reported that the Com- president since 1971, first serving munist Party on Thursday requested the mass rehabilita- at-large and subsequently as tion of- Soviet citizenls convicted by controOfed courts in representative of the federation's Stlns purges. District 12 incl1uding Santa Rosa where she resides. She has more Tass said the governing Central Committee ofthe party service than all except two of her called for annuhnenlt of verdicts that sent thousands to 36 colleagues. their deaths, labor camnps or exdle in the 1930's, '40's and Mahoney's status as the only 9509s. woman on the Executive Council 'Again this week the violently forbidden was voiced. changed in 1986. Soviet histor'n N. Vasetsky, writing in Moscow's Sherri Chiesa, president ofLocal said Stalin had directed the assassina- 2 of the Hotel Employees and Literary Gazette, Restaurant Employees ofSan Fran- Margaret Deanl Ophliea McFadlden tion of Leon Trotsky in Mexico in 1940. Vasetsky also cisco, was elected in March of that named the secret police officer charged with organizing year to represent District 10. an international vice president of at-large vice president last October the murder. It would appear the Party has taken the fr-st Five months later Margaret the Service Employees and general during the federation convention at step in Trotsky's rehabilitation. Butz, deputy director of Local 790 manager of Local 434 at Los Los Angeles, becoming the fifth Freedom is half, loose now 'n Russia, and truth is of the Service Employees in Sans Angeles, who was elected to an at- woman on the Executive Council. writin fast. Gorbachev last month said there must not be Francisco and Oakland,' was large vice presidency and was Only days earlier Dean had been Iin Soviet there will elected at the federation convention seated on the council in December chosen to head the California State "missing pages" history. Piresumably of 1987. Local 1000 of be the stonies of Trotsky and countless others sent to the to fill an at-large vice presidency.- Employees Assn., in Next came Ophelia McFadden, Margaret Dean was elected an the Service Employees. wall the long years Of tyrny The official newspaper Izvestiya recently said the Soviet Unio.n has canceled rmal history exlamiaino elemen- HihCutHt okr tary and high school students because the text books used in the schook; are collections of lies. "The guflt ofthose who fooled generation after genlera- The new, conservative majority last week culrtailing damages em- ecutive secretay-treasurer of the tion is gigantic and without measure," the paper sadin a of the Califomia Supreme Court ployees can collect in wrongful California Labor Federation. front page editorial. ""They poisoned with Ues the minds, placed business stability ahead of discharge suits, legal observers Others called thie decision thie and souls" of Soviet students. workers' rights in the 4-3 decision agree. clearest demonstration to date of " . . .the bottom line is that this the reason the labor movement The reported numbers sugtred in the Staii years court is hostile to worker efforts campaigned so hard against the are aplf. ritin in November in the Mocw Ies, designed to regulate a boss' ar- ultra-conservative campaign to Soviet hitrnRoy Medvedevrsi at least 17 mSo bitrary behavior through substan- remove Chief Justice Rose Bird perished. tial money awards," Stanford Law and two liberal associate justices first wave came in its Professor William B. Gould IV from thie Supreme Court in 1986. He said the ofrepressions 1927-28, wrote this weekend in a commen- The decision was written} by victims being tens ofthousands ofthe foUowersofTrotsky. tary published in thie Los Angeles Malcolm Lucas, appointed by *Show trials and nmas executions of Old Guard Times. Gov. George Deukmejian to dssidnt followed in the 1930's. "Unfortunately, thiis decision replace Bird as chief justice. That the truth has been revealed for Rusas liv*m treated people as just another com- Justices Edward Panelli, John modity -labor-to be bought and Arguelles and David Eagelson, all millons virtually chlegsbelief. Stfll, it had to happen, sold by business," sad Steven J. conservatives nwned to 'relace however delayed. Kaplan, attomey for Daniel D. liberals, joined in Lucas' op'imion. The system had co.ntre#qd all but the minds of writers. Foley, the Los Angeles man on Marcus Kaufman, another new Smgled books au fiible'ink. Writers somehow whose suit the court ruled. conservative justice, and Stanley touching and hearing'i world beyond. The.pen and-not "The court is going in the wrong Mosk and Allen Broussard, hold- the gun brought the-despotism down. Upside~D.oWm direction by" weakening workers' overs from thie Bird -court, wrote rights," said John F. Henning, ex- (Continued on Page 4) The caznpaign to tear down -sent employers and the one-namned scheduled for Friday,, Jan. 20. said. The -rule is thiat a store clerk California worker protections con- rto speak. for thie general public left Chairpeson Lynnell Pollock, an Auto dealers and oter emnploy- sales associate in Chevalier's tinued without holiday respite as nohope thtte body could -carry, employer representative,, said she ers, including Firstone auto ser- words -must get tie and a-half the Industrial Welfare Commis- out its oriia task 'of promoting was interested in- giving --the mer-- 'vice shops, want to nullify 'a court for work beyond eight hours a day sion, in its last session of l988, te welfare of workers. cantile wage order the 12-hour day of appeal decision at Los Angeles unless he or she earns at least half entertained employer proposals to- At the top of the conunission's provisions approved last- Septem- holding thiat mechanics 'paid for again as much as the mimum effectively terminate thie eight-hour. D)ec. 16 agenda were proposals to ber forother' industries even though piece work cannot be considered wage, anid unless at least halfofthie day for additional tousands of eliminate overtimne pay for auto this wasn't being requested. commissioned employees and total is in commissions. wage-erers. mechanics paid on flat -rates and John F. Henning, executive sec- therefore exempted from existing Chevalier told IWC members The session Dec. 16 at San Fran- department store employees who retary-treasurer -of the Caifomnia state timne and a half overtirne pay thiat about 70 percent of the people cisco was marked also by the earn commissions. Both catgre Labor Federation, told te com- requirements. employed in California department departure of one of the two labor ofworkers are covered by ffemer- missioner's they ought to feel af- Departrnent stores want to get rid stores eain lessthan $6.38 a'n hour, representatives on te five-member cantile industry regulations,.state fronted because employers were of a regulation' requiring tem to which is one and a half times the commssion. wage order 7-80. trying to get around the law -by atp- pay time and a half to sales.clerks minimum wage. David Padilla, former president The employers asked thie IWC to pealing to the, IWC. whose total earnings, including Own.ers will not pay time and a ofa Teamster local at Stockton, an- appoint a wage board to consider' "These employers are tryinig to commissions, do not amount to at half, he said, indicating thiat one nounced that he would not accept alterations to thie wage order, in- achieve trough tis cormmiss'ion least $6.38 per hour. result is a public poorly served because thiere are no store clerks to reappointment. itiating a process that worked what a court has denied thiem and A confrontaion between a state He cited comments he made against workers almost without ex- what themselves admit -te wait upon tem. thiey lawyer and one representing auto All thiis be remedied, he Sept. 23 after the IWC voted 3-2 to ception in recent years. Legislature will not give. themh, mechanic employers erupted dur- -could legalize as many as six consecutive No action was talcen. Muriel Henning declared. said, if the commission would ing te debate over o'vertime for -te overtimne exemption 12-hour days wsitout overtimne pay Morse, thle IWC. member name to- "We trust that thiis conmmission mechanics. change for tens of thousands of Califor- represent the' general public, said will not allow itself to be used as a floor frm one and halfto one and a Deborah Crandall, attorney for quarter -timnes the minimum wage. nia'ns. Padilla said then that the two she wanted to wait until the com.- tool by tose who'"want to escape Firestone, had submitted an inch- commissioners appointed to repre- mission'ps next meeting, which is the law," thie state AFL-CIO chief Tom Rankin, research director thiick brief contending, aong for the California Labor Federa- other thiings, thiat thie state I)ivision tion, sad the state AFL-CIO re- of Labor Standards Enforcement mains philosophically opposed, to had ''affi'rmatively misled" te exemnpting anyone from protecion Court of Appeal thiat ruled over- thiat overtime pay provides against. time must boe paid to piece-work long hours of work just because a mechanics. portion ofthe person's pay is in te The point seemed to be thiat te form of commissions.- conussioners should feel comfor- Rankin reminded te commis- tabl'e disregarding te findings of sioners of the costly confusion thiat the court. resulted from their 3-2 decision to This brought Tom Cadell, chief impose upon tipped workers te counsel for the DLSE, before the submvinimum wage that the state commission to "express my Supreme Court subsequently ruled outrage that such a blatantly untrue illegal. statement was made.. .. " He urged the IWC to reject the CZadell, noting tat. -the DLSE department -store plea, pointing out normally does not becomeimvolved that $6.38 is scarcely above pover- in debates before thie commission, ty, tat the average weekly wa'ge 'in said he was.present merely to set California figures out to about $11 thie record straight.. anl hour, and-that workers -eaming "'I amn the counsel for thie divi- much more than that have their sion who wrote that. brief aid eight-hour- days and 40-hour weeks argued that case," Cadell declared, protected by overtime provisions -inviting the commissioners to read unde-r other state -industrial, wage thie documents for temselves to, orders. determine whether C:ranidall's al:le- Comissioner Morse asked- for gations were true or false. more. details from the store Ciidell told -the 'commissioners employers. te Legislature had defined '*com- Rankin told her she ought to rely misswn wages." He said thie ap- :,Walkathon particip'ant signs up for fund-raising event at San Diego's MiFsson Bay. on information from the state Divi- pellate court had ruled thiat "Scomn- sion of Labor Standards rather tan missions'are paid only to a person from the involved in employyers. principally selling, Off te agenda Dec 19 was thie Walkathon~~~~~~~~Net Thusnd rather than making a product or of whether the IWC rendering a service. question Don Crosatto, research director should convene a wage board to For~~SaaigCidCr California Conference of consider trucking industry pro- for. thie posals to weaken the transportation Machinlists, cited a memorandum order and Teamnsters A pre-holiday walkathion has raised nearly Service Agency is serving more anid more people circulated. among members of thie industry wage $10,000 for the child care project being launched as needs continue to'grow,- not o'nly in child care Northem Califomria Motor Car Union proposals to strengthen it. Labor's Service at San but in job training, retraining and placement, Presumably this issue will be by Community Agency Dealers Assn. stating that 'the before the commission Jan. 20. Diego, and two additional benefits are scheduled. counseling, drug rehabilitation and health care.1" organization would attempt to per- A benefit tournarnent is scheduled for Patricia Johnson, fmancial se'cretar of District Gov. Deukmnejian must ap'pint golf suade te IWC that it was "ridicu- from labor to March 13, according-to Joseph S. Francis, ex- 50 of thie Machinists, and Terry Anderson, presi- lous" to pay overtime "to such someone organized ecutive secretary-treasurer of the San Diego- dent of Letter Carriers Branch 70, were co-. highly paid technicians." succeed Padilla on the commnission. Counties Labor Council. This is to-be chairpersons ofthe walkatfion. Participants ranged Morse's reappointment to a new lmnperial Also before the conunission termn was confirmed followed by a bowlathon, dates for which have not in age from small children to ''infinity,"' Francis' were the usual petitions from non- fou'r-year been set, Francis said. said. yesterday by the State Senate.' union workers pleading for te Besides her and Pollock, thie re- Steve Famiano of Branch 70 of the National Volunteers served hot dogs and refreshments to right to work ov'ertime at straight the walkers under palm trees after the. event. all and submitted mainig commissioners are James Association of Letter Carriers emerged as te top The March 13 golf tournament will be directed pay, gathiered by Rude, a Sacramento hospital per- money-raiser in the walkathon, takcing home a col- by Jef Eatchel of HIotel Employees and Restaurant employers. sonnel director, representing or television set for his efforts. Employees Local 30. The case for stripping depart- employers, and Michael Callahan, Famiano's sponsors, who pledged cash for each Tournament play will start at I p.m.-at the Chula ment store workers ofovertimne pay long-time leader of culinary mile walked on the course around Mission- Bay, Vista Golf Course. A -banquet is to start at 6 p.m:- was arguedby Paul Chevalier, dap- workers and. a vice president ofthe contributed $648 of thie $9,600 raised in the Bronze, silver and gold sponsorships are per spokesperson for te Califomnia Califonlia Labor Federation, who walkathon. available'.- Golfers may enter individually or in Retailers Assn., who contended represents labor. "SWe will continue to sponsor fusnd-raisers to teains. The festivities will include a longest drive that a hardship had been worked support our -growing number of social service pro- contest, closest to thie hole competit'ion, additional upon thie industry by the increase in grams," F;rancis declared. '*Labor's Community contests and a raffe. the state miimum wage firom 'IPuNbhIW Noi $3.35 to $4.25 last July 1. The Califomiia AF`L-CIO News (ISSN: 0~180) is pulse s 0 9 0 weekly except during the weeks of 31 lakg'iYti, Christmas and New Yeaes holidays by the Cali- fornoia IAbor Federa tion,AL Services were held Dec. 20 at Lee was a native ofPennsylvania original Cal-OSHA Act among his Alcohol Beverage Control Board CIOt 417 N$ontgomuery St., Suite. Sacramento for James S. Lee, who served in the Marne Corps major legislative accomplishments. and thie U.S.- Western Regional 300, San Francic, CA 94104. Commi's- retired president and chief ex- through World War -II, including Lee was to California Manpower Development Second dc possage paid at San ecutive officer ofthe State Building Pearl HIarbor and Midway. appointed sion. Prancisco, ClEf.-Subscription: boards and conissions by gover- Lee is survived his wife, Nan- and Construction -Trades, Council a of Sr.-, -Ron- by S6 a year. USPS Publ;ication of Califoma. In 1950 he became member nors Edmund G. Brown, cy, of the family home 'at SacIa- -Number 083-400. Johin F. Painters Local 1595 at Los Ange- ald Reagan, and Edmund G. sons Thomas ofMalibu and executive secretary- Lee, 71, died Dec. 17 at a les. In 1956 he moved to Sacra- mento; Hngi, Sacramento hospital. Brown, Jr. Christopher of Oakland, and five treme; Floyd Tucker, eclitor. mento to become legislative advo POSTMASTER: Send address His service to workers was prais- council. -.His-public service included the grandchildren. ed by John F. Henig, executive cate for the state State Building Standards Commis- Burial was at St. Mary's Cemne- changes to: Califori AFICIO secretary-treasurer of thie Califor- Lee was elected to the presidency sion, State Advisory Council ofthie tery, Sacramnento. Memorials were Newvs, 417 Montgomery St., Suite nia Labor Federation. ofthe council in 1968, re'1-ing a Department of Employment, suggested to the Salvation ArTmy at 300 San Francisco, CA 94104. "At all times Jim was a stand-up labor leader on the legislative scene Labor-Management Task Force, 2550 Alhwambr Blvd., Sacra- man," HIenning said. "He was until h"is retirement in 1983. He Cal-OSHA Advisory Commiittee, mento, or Loaves aild Fishes, 305 heart and soul with- labor.' counted his involvement in te Capitol Area Planning Committee, Nort 12th St., Sacramrento. Pgee2 January 6, 1989 0

Santa got arrested for trespassin.g pass charges, andordered to appear when he tried to say a word in in Municipal Court late this month. behalf ofjustice for janitors at the- The dearth of Christmas spirit in Sunnyvale plant of Westinghouse Silicon Valley became even more' Corp. on D)ec. 22. obvious when the Sunnyvale cops The jolly old fellow, who is best refuised to book Santa Claus under known for slipping unseen into that name. people's houses at night, got busted. Instead, he was reorded on thie when he entered the front door of arrest blotter as Phil Giaffffo. Ithe plant in broad daylight. Booked with himn were Rick He and an entourage of self-pro- Sawyer, business manager of the claimed elv.es wanIted to explain to Santa Clara County Central Labor Westinghouse executives that re- Council; Kristy Sermersheim, ex- placing union janitors with mini- ecutive directo'r of SEIU Local mum-wage workers is Scrooge- 715; Susan Strubbe, representat'ive like behavoior at any time and is of S.EIU Local 535; Susan Sachen, especially frowned upon at deputy trustee of SEIU Local 77; Santa urges justice forjantors at Westinghouse plant shortly before being booked as Christmas. The fired jantors are Lynda McClure, representative of protesting aeSusan Sachen, holding bell, and SuisanStrubbe. members ofLocal 77 ofthie Service SEIU Local 18; Rick. Humm, Employees Intemnational Union. Monterey County Central Labor janitors at te high-tech, defense by SEIU Local 77. The Local 77 members were told Company guards blocked the Council, and Steve Prmmgerl, contract plant. Thejb to a different- SEIU Local 715. wasgiven. the new contractor-had no work for door. Then Sunnyvale police step- Westinghouse abruptly ter- contractor, one operating. totally them, at -any w'age or und'er. any ped forward and slapped handcuffs. They and a large contingent of mninated its contract with Pioneer non-union with workers re'prtedl.y conditions. on Santa and seven others. All were additional trade unionists were pro- Building and Maintenance Co., paid at or close to mni,nlmu'm wage The fired workers are mostly taken downto'wn, booked on tres- testing Westinghouse treatment of whose workers w'ere -represented without benefits. women of mature,experience.. ,CP-BceNewcIer JonKyAsml ae

Two Democrats elected to the Wednesday momng: Richard E. cadia, and Phillip D. Wyman, Six persons will be honored by the Los Angeles County Federa- Assembly withi AFL-CIO support Floyd, Lucille Roybal-Allard and Ridgecrest. tion of Labor on Feb. 3 during a dinner and dance that also will last Nov. 8 have been named to the Sally Tanner, -all- Los- Angeles The'seven Democrats and four mark the graiduation of50-trade uniionists in the lastest'class to com- Committee on Labor and Employ- County Dem'ocrats. Vplete 20 weeks of training'as union counselors. in to commnittee RFepublicans men labor's. Demo-. The,six honorees are:.: ment' '.a major reshuffling by Gone other assign- cratic.-allies have a cushion -of one Speaker-Willie L. Brown, Jr. ments are Democrats Tom Bates Gene L. Boutilier, operations manager ofthe Emergency Food Bob. Epple, who unlseated Re- and Johan Klehs along with. Repub- vote above the silx needed for, a ma- and Shelter Bo'ard of the United Way. of Los Angeles. publican. Wayne Grishamn in the licans Doris A.lnBl -raly jority.. With' eleven memnbers, the- William. Deme'rs, retired: director of listrict.9.- of thi.Com 63rd Assembly District in Los An- and Chris Chandler. Gone-from thie 't jii 11V I munications Workers ofAmerica and a fo r vice president. of thdie.- geles County, and Willard Murray, Legislature.-is Republican Will'iam thian i.n 1.988.. Califomila Labor Federation. - -- <4 who ousted Republican Paul Zelt- Duplissea of San Mateo, defeated Newcomer Ep'ple also was nam- Elinor Glenn, geneM ma'nage'r emerita ofLocal 4i34 ofthe Ser- ner in thie 54th District in L.A. and by labor-backed DemQcrat, Ted ed this week to the Assembly vice Employees and national recording secretary ofthe Coal-ition of Orange counties are new to the Lempert. Finance and Insurance Committee, Labor Union Women.-- committee. So are five veteran Veteran legisl'ators new to thie which must approve a wide range *Robert L. Guadiana, director of District 39, United legislators. committee this session are of legislation vital to trade Steelworkers of America. Chairperson Tom.Hayden,. D- D)emocrat Gary Condit, Modesto, unionists, including' bills dealing *John R. McDowell,. director, Los Angeles Tr-ade Tech Labor Sanlta Monica, will face only thiree and Republicans Trice Harvey, with workers' compensati'on, Center. holdover -members when he con-, Bakersfield; John R. Lewis, unemployment insurance' a'nd *David Sickler, director, AFL-CIO Region 6, including Califor- venes the committee at 9 a.m. next Orange; Richard Mountjoy, Ar- disability insurance. nia, Nevada and Hawaii.- Patrick Johnston, D-Stockton, William R. Robertson, executive secretary-treasurer of the L.A. was reappointed finance and in- Fed, praised the union counseling course and the 50 new graduates .earn tLive Wt surance chair by Brown-. With 12 in his announcement of thie event. Democrats and eight Republicans, "We're prould'of this activity," Robertson said. ";It -focuses the Prop 7, Fed Ures thiis committee also will have a eyes of the Southland on our federation's pro'grams condulcted margin of one Democratic vote through our Community Services Department. " Affiliates ofte California Labor nor and Legislature elected tat more than-a majority. The Los Angeles Hilton Hotel will be the scene ofthe graduation, Federation were urged this week to year will have responsibility for The committee includes, in addi- honors award, dinner and dance. Tickets are $50, with tables of IO familiarize themselves with the im- reapportionment. tion to Johnston and Epple, Dm- avail'able at $500. pact of Proposition 73 upon their "It is essential that labor begin to ocrats Tom Bane, Bruce Bronzan, Reservaitions are being accepted by Geri Stone, labor community support of political candidates. prepare now for the next election," Peter R. Chacon, Sam Farr, services director, at thie IJnited Way h-eadquarters, 621 South Virgil Proposition 73, which was ap- HIenning told affiliates. "To this Richard Floyd, Richard Katz, Burt Ave., Los Angeles 90005. proved by California voters at the end, compliance with the provi- M. Margolin, Gwen Moore, Jack 1988 primary election last June 7, sions ofProposition 73 is ofcritical O'Connell and Byron Sher,' and places new restrictions on contribu- importance." Republicans Charles W. Bader, Republican incumbent l:)uplissea tion Committee as.a.forum for his tions to political candidates. Dennis Brown, Bill Lancaster, was counted as'a major labor vic- plan to force public transit agencies Jack Henning, executive secre- All affiliates have received John R. Lewis, Patrick J. Nolan, tory last No.v, 8, was ap'pointed to to tum profitable routes over -to tary-treasurer of the federation, copies of a memorandum prepared Eric Seastrand, Stan Stathamn and the Assembly Transpottation Com- private operators, a. proposal tat pointed out that thie 1990 elections by the federation's legal counsel on Cathie Wright. mittee.. galvanized labor opposition and led will be crucial because the gover- effiect-s of the proposition. Lemppert, whose-'victory over Dupl.issea used the Transpora- to his defeat.

s s m 0 1 1 Trade unionists continued their justice, "one for th'e police and 'one woman weighing less than I10l ticipated in. a debate that night disregard for julstice." It warned protests this week against decisionls for everybody else.-" pounds. He called the police argu- before thie S. F;. Police Co'mmis- the mayor that inaction would en- by -San Francisco officials to, take Johnl F. Henning, executive ment outrageous. sion, demanding. that the chief's danger lives and health ofthe city's lno action police officers for the of the Califor- decision be overruled. residents. beating last Sept. 14 of Dolores secretary-tre'asurer HIe also said the California Labor nia Labor Federation, was one of Federation did not believe -in the The commission this Huerta was beaten as she at- Huerta,' first vice president of the more that 30. labor leaders, com- responded United Fanm Workers of America. doctrine of collective guilt and that week by ordering the chief to meet, tempted to distribute leaflets ex- munity activists and local officials the position of the Federation did with representatives, of the plaitiing the UFW's boycott of HIuerta underwent emergency who addressed a Christmas week not represent an attitude against all American Civil Liberties Un'ion California table grapes. surgery for removal of a ,ruptured press conference denouncing thie defense who police. He said that in all political and other organizations to drak a Bush-e: e had. ncked. te spleen after being clubbed outside a police that thie offi'cer tests. in Saxn Francisco, Labor' statement crowd- clubbed HIuerta was "doing what policy governing {JEW an'd the .UiW during.,cam- hotel where George Bush was always supported the police in control prodecures. paign sipeeche's in'' Cali-fomnia. speaking. She also suffered two he was trined to do." Henning issues involving w'ages, hour's and broken ribs. said. he had-asked Police ChiefJor- conditions of work. The S.F.. CLUW protest, ad- The vice president was inside the dan if thie officer involved would dressed to Mayor Art Agnos by St. Francis Hotel when th'e beating The S'a Francisco Chapter of have so clubbed a 12 year old girl. Hennhiig sad that Huerta's civil Chapter President Diana Haffis occurred, addressing Republican the Coalition of Labor Union The Chief sad ""no." Henning rights as well as her person were Webb, expressed "shock"' that the Party -supporters at a $4,000-a Women declared this week that the noted tat the officer, in clubbing violated in te attack. Police Commission -appeared -plate dinner held to r,aise money city appeared to have two codes of Huerta, was striliung a 58 year. old Many of te same speakers par- determined to "uphold.the chiefs for his'presidential-carnpaign. ..6.I Palge 3 m 0 0 I Nlif LI (Continuedftom Page I) --ischarge case are limited to lost "It is imnportant that employers tion that workers do not need the for wrongful dismissal suits but separate opinions in the 4-3 deci- swages, the court majority ruled, not be unduly deprived of discre- potential for large damage awards contended that no matter of public sion. with no tort recovery for emotional tion to dismiss an employee by the because they can seek work policy was involved in Foley's A decision had been long distress or punitive damages. fear that doing so will give rise to elsewhere. case. awaited in the case, which first was More than 1,000 wrongful dis- potential tort recovery in every "What market is there for the Foley,, a $56,000-a-year branch argued while Bird still presided. charge suits have been filed annual- case,.I"1 factory worker laid off after 25 manager for IDC at Los Angeles, The impact is upon those not ly in 'California in recent y-ears, It is up to the Legislature to place years of labor in the same plant or was dismissed after reporting to covered by collective bargaining with plaintiffs frequently recover- tort damages into the law for for the middle-aged executive fired company officials that a person contracts or civil service agree- ing hundreds of thousands of dol- -wrongful discharge, the majo'rity after 25 years with the same firm?'' hired to supervise him was under ments', an estimated two thirds of lars in damages. said. Kaufmnan asked. investigation for stealing from a the California work force. Lucas' 74-page majority opi'nion Broussard's opinion contended Mosk agreed with KaufTma and previous employer. said the court was '"'not All the justices agreed that the conservative majority, by ig- Broussard regarding tort damages The wrongful discharge suits can be unmindful" of the concerns of em- majority agreed that Foley noring a long series of court deci- but contended that Foley ought to had an implied contract for con- brought even on the basis of an oral ployees who fear aribtrary and un- sions, was in reality making "a be allowed to sue his ex-employer, or of continued dismissal. tinued work with IDC. The case implied promise just radical attempt" to rewrite the law, Interactive Data Corp., on the was remanded to the trial court at employment, although workers But, it continued, allowing larger leaving wrongfully discharged grounds that the firing violated must prove existence of such rela- Los Angeles. If Foley and his at- awards would have "potentially workers without effective legal public policy. torneys now can prove wrongful enormous consequences for the sta- defenses. The majority agreed that public But damages in any discharge, the damages will be wrongful bility of the business community. Kaufmnan criticizied the sugges- policy violation remains grounds limited to his lost wages and otherI expenses. . A num'ber of attorneys predicted a drastic decline in the numbers of ShudIc wrongful discharge suits filed The California Legislature awards," Gould writes. which argi,ued against the tort rem- cept the invitation provided by the because potential awards will be should accept the invitation in the "The Bar committee's idea was edy . .. als(,o opposed reform be- Court [in the Foley decision]. too small to make it worth while for state Supreme Court's 4-3 wrong- that a more economical and ex- cause arb)itration would provide lawyers to take cases on contingen- and "The difficulty, ofcourse, is that ful discharge decision provide peditious system would provide the workers v vith more opportunity to because the Court has denied some cy arrangements. workers with with a better chance to protections against employee protest," contends Gould, former- employees some of the rights The impact will be most severe random firings, according to Pro- quickly reclaim, his job without the ly legal co-)unsel to the United Auto on lower-level workers whose B. IV of the which lower courts had almost fessor William Gould expense of litigattion. If the em- Workers. accorded em- damages might be personally Stanford Law School. lost in its ex- unanimously them, ployer arbitration, "The ilwanted it both ways and ployers' incentive to compromise devastating but not rich enough to Gould, commenting this week- posure would be far more limited .e before the will decline attract an attorney, Oakland At- end in the Los Angeles Times, than it has been in the courts."l their incrreased use of 'at-will' Legislature forms whiich require employees to and their resolve to resist r'eform torney Guy Saperstein told The noted that a blueprint for such ac- The Legislature never acted on 'igood-cause' protection will stiffen. Recorder, a Bay Area legal tion was presented in 1984 by a the recommendation, Gouldpoints give. up. publication. Bar committee that he against di,ismissal ...make it clear "The months demand State Out. He blames "substantial special is to return to coming "The chaired. interests"' who oppose reform. that their objective what has been completely lacking punitive and emotional the bad olild days, notwithstanding for these five -what distress damages leveled the play- "Ironically, five years ago a Gould says the same trial law- lonnel practice improve- past years ing field for all workers," California State Bar committee yers who have benefited more than Senator John F. Kennedy once call- Sapers- reconumended to the Legislature workers from the menst inrs many companies m- ed 'profiles in courage' on both tein said. "The big executive present system mentsemen]its attributable, of course, who's got a huge amount of wage that arbitration, coupled with the were outraged because the proposal tPo legal d( sides of the aisle-Democrats and traditional labor law remedies of would have them oflucra- octrines which the Court Republicans who are willing to do loss will become the attractive deprived hsnwlLimited. case. Until some of our back pay, reinstatement costs and tive fees based upon sizes of what is both civilized and right for now, best i cases have been the $18,000- attorneys' fees take the place of awards. "Now more than ever it is im- employee, employer and the pub- " punitive and compensatory damage "The business community, perative ftor the Legislature to ac- lic," Gould concludes. a-year-worker. Workers' Comp Labor Festiv~al pn riiC...,...... wop .~~~~~~~~~c Fria at 'COlingme For~~~~~Lao TV T'he third annual Western Workers Labor history and other topics. Heritage Festival opens at Burlingame next Friday Works of a number of labor-atists will be on evening, Jan. 13, with a song exchange featuring display. . some of the best-known labor I The crisis in this state's workers' of the February special, which country's singers. Facilities are being provided by Plumbers and compensation system is explored in already is scheduled on three Singing, workshops, demonstrations, instruc- Steamfitters Local 467, Machinists Local 1781 and depth in the February production of Public Broadcasting System sta- tion and displays are to continue Saturday and Sun- Transport Workers Local 505. "California Working," the month- tions in Northern California. The day morning in three union-halls situated together ly television program sponsored by production is partially funded by a at 1151 Rollins Rd. just south of San Francisco In- Contrary to an earlier report, formal dedication AFL-CIO unions along with com- grant from the Pioneer Fund. ternational Airport. of the spectacular new 65-foot mural at Plumbers munity and business groups. The schedule: The festival concludes Sunday evening, with a and Steamfitters Local 467 will not take place dur- "No Way to Repay" is thie title * Wednesday, Feb. l, -at 8:30 benefit concert and show to be staged by par- ing the festival. p.m. over KQEC Channel 32 in ticipants following rehearsals Sunday afternoon. San Mateo County Central Labor Council is the San Francisco. Besides singing for pleasure, there will be ses- sponsoring organization for this year's festival. In- Labor Program *Thursday, Feb. 2, at 6:30p.m. sions on use of song and drama in organizing and formation can be obtained from Shelley Kessler at over KRCB Channel 22 at Santa on picket lines. Workshops are scheduled to cover the council office, (415) 340-0418, or from Jesus at San Diego Rosa. writing for and about labor, preservation of labor Orosco, (408) 945-4344. I Labor Link TV ofSan Diego will * Monday, Feb. 6, at 6:30 p.m. rebroadcast its half-hour Justice for over KCSM Channel 60 in San Janitors program over five cable Mateo. channels this month. Opinions on why California The show, by students at workers' compensation benefits U.C.-San Diego, covers the cam- are among the lowest in the United UFCW Seeks Safeguards~~~~~~~~~~~~~~~~~~~~~~~~ paign by Local 102 of the Service States while costs to employers are Employees on behalf of custodial among the highest will be voiced workers in some of the largest, by insurance executives, doctors, most expensive buildings in the San lawyers, legislators, thegovernor's A proposal by the cosmetics in- Beth Shulman, a UFCW vice was announced three weeks ago by Diego area. office and John F. Henning, ex- dustry for voluntary labeling with president and director of the five cosmetic industry trade The program will be shown at ecutive secretary-treasurer of the information on ingredients in pro- union's Professional Hair Care and groups. 8:30 p.m. Saturdays on Cox Cable, California Labor Federation. ducts used in barber shops and hair Beauty Trades Division, urged the Shulman pointed out that the Channel 24, on Jan. 7, 14, 21 and The show follows injured care salons has been greeted with industry to abandon the voluntary change came after witnesses at con- 28; 7:30 p.m. Fridays over S.W. workers through the litigious state ,'Sa healthy dose of skepticism" by plan and work with the union on gresional hearings testified that Cable, Channel 15, on Jan. 13 and system in search oftemporary ben- the United Food and Commercial comprehensive cosmetics safety they had been injured- or sickened Jan. 27; 4:30 p.m. Fridays over efits inadequate to tide them over Workers Union. legislation. by ingredients in unlabeled pro- Del Mar, Channel 37, and Cardiff, during recuperation or permanent The UFCW, which numbers `"Responsible manufacturers ducts used in barbershops or hair Channel 30, on Jan. 13,9 20 and 27, disability compensation which, 40,000 barbers and cosmetologists who voluntarily label professional care salons. and 10 a.m. Tuesdays over T-M after years in the process, may among its 1.3 million members, products deserve protection from A voluntary program would not4 Dimension, Channel 2, on Jan. 10 leave a crippled worker below the said it would continue to press for unscrupulous competitors who solve problems cited curing the and Jan. 24. poverty level. federal requirements that cosmetics don't," Shulman said. hearings, Shulman said. be pretested and.registered with the "More importantly, so do the in- "Labels inform consumers and U.S. Food and Drug Administra- dustry's workers and their cus- work;ers, but they don't protect SEIU Local 250 Seeks;Field Reps tion. tomers," Shulman added. "That anyone," the UFCW leader The Hospital & -Health Care members throughout Northern While the labeling proposal will require legal penalties for non- declared. Workers Union, Local 250 of the California, mostly employed in would be "a long overdue step for- compliance." "Mandatory pretesting of pro- Service Employees, is seeking field health care. ward," it is "lacking teeth," the The cosmetics industry has ducts before thiey go on the market, representatives for positions in union said.. fought against ingredient labeling making FDA the repository of test Sacramento, San Jose, San Fran- Resumes, including references, One international leader sug- on intended for data and consumer and be sent to products profes- complaints, cisco and the Bay Area. should Secretary- gested that the industry' s sional use, even though labeling is registering manufacturers and their There are openings in the union's Treasurer Shirley Ware at Local "'eleventh-hour conversion on the on sold East 2417 required products directly products with the FDA, would KaiseFr, Convalescent, and Acute 250's Bay Office, issue of -labeling is probably to consumers. complement labeling and provide Care' Hospitals divisions. Local Marina Square Loop, Alameda, designed to avoid more effective The voluntary labeling plan- real protection for consumers," 250T represents more than 28,000 CA 94501. health and safety requirements." reversing this long-held position she said. Page 4 January 6, 1M8