USW@Work - National College Players Association - United ...

More documents

Recommendations

Info

You can join a political party, afraternal organization or communityand church groups in theUnited States simply by signing up. Yetthat freedom of association stops whenyou get to work.When employees try to form a unionthey face concerted anti-union harassmentand intimidation that oftenincludes firings during the usually tenserun-up to an election.The United Steelworkers and otherunions are pushing hard for the newDemocrat-controlled Congress to quicklypass legislation that would help torestore freedom of choice at work.On Feb. 6, U.S. Rep. George Millerintroduced the Employee Free ChoiceAct (EFCA) in the House. It would helpto restore workers' free choice to joinunions and bargain with their employersfor better wages and benefits.Rapid ResponseThanks in large part to the USW'svolunteer Rapid Response network, thebill had 230 co-sponsors in the Houseat the time of its introduction."America's middle class is shrinkingfast, and unions are a key to bridgingour nation's growing economic divide,"AFL-CIO President John Sweeney said."People should be able to choosewhether to form a union free fromemployer intimidation and coercion,"Sweeney added. "Our current labor lawis broken, and America's working familiesare paying the price."By law, employers in the UnitedStates are prohibited from intimidating,coercing or firing employees for exercisingtheir right to form unions. Yet eachyear, more than 23,000 workers are firedor penalized for union activity.Firings are only part of the arsenalemployers have at their disposal. Threeout of four employers hire anti-unionconsultants that specialize in unionavoidance techniques, 78 percent forceemployees into personal meetings withsupervisors and 98 percent demandclosed-door anti-union meetings."The purpose of the National LaborRelations Board is to promote collectivebargaining, yet it has a 40 or 50 yearhistory of doing everything it can tostymie, erode and weaken collective bargaining.We need to use this Congressand our energy to change that direction,"USW President Leo W. Gerard said."We ought to make no mistake aboutit. What we can do for our kids and ourgrandchildren is to re-establish the rightof workers to join a union without fear,without the concern of discharge, withoutthe concern of intimidation, withoutthe boss interfering."Card check recognitionIn fact, the Employee Free ChoiceAct would give workers the right tounion recognition if a majority of workerssign membership cards — a processcalled card check recognition.Employee Free Choice also calls formediation and arbitration in the eventthat an employer and union are unableto reach a first agreement within a limited90-day period. It would also imposestronger penalties on employers for violatinglabor laws during organizing andfirst-contract bargaining.U.S. Sen. Edward Kennedy, a leadsponsor of the bill in the Senate and thenew Senate Health Education, Laborand Pensions committee chairman, hasErrol Hohrein, 57, is an experiencedboilermaker hired last March as akey player in the startup of a $50million ethanol distillery in northernColorado operated by Front RangeEnergy, LLC.National demand is booming forethanol as a renewable automotive fueladditive, and Congress is authorizing allkinds of tax incentives to build distilleriesto produce billions of gallons.But Hohrein and the new-hires atFront Range quickly discovered the taxdeals that built the refinery and producedmillions in monthly profits didn'textend to them. The company renegedon promised wage rates and even fired a18 winter 2007 • USW@Workworker for complaining directly to FrontRange President Dan Sanders, Jr.Hohrein and his co-workers reachedout to the USW to make things right. "Itwas theft by deception," he said of thecompany's failure to keep its promises.Targeted by managementWhen Hohrein began passing outunion authorization cards, he was targetedby management."They followed me, threatened to fireme and constantly wrote me up," hesaid. "They acted like monsters andwouldn't let co-workers near me forequipment maintenance consultationswithout prior permission."The Front Range refinery workersdefied management and voted for theunion by a one vote margin, 12-11, in anNLRB election held on Dec. 18 and 20,2006. USW organizer Doug Fennellreceived the federal certification noticedesignating the USW as the bargainingrepresentative on Jan. 5, 2007.On the very next day, Hohrein reportedto work as a USW member and discoveredthe night shift had allowed the
promised that passage will be an objectiveof the new Congress."We're going to give workers a fairshake at last," Kennedy told unionistswho marched on Capitol Hill lastDecember to demand workers' rights.There is intense opposition to the actfrom business interests eager to maintainthe pro-management tilt of labor law.On its face, the opposition's mainargument appears to be powerful.Business argues that the EFCA wouldstrip an employee of the right to choose,freely and anonymously, while exposingemployees to undue pressure fromunions.That argument has intuitive appealbecause secret ballots, voting alone in aballot booth, are how we elect our governmentleaders. But union electionsunder the NLRB do not work in the sameway.Coercion illegalIt is already illegal for anyone tocoerce employees to sign a union authorizationand there is little evidence thatsuch coercion exists.Nor is pro-union "coercion" a problemin states where majority sign-up proceduressimilar to those of the EFCA havealready been implementedThe USW-backed American Rights atWork coalition polled 430 randomlyselected employees at locations whereNLRB elections or card check campaignswere conducted to determine whether itwas true that card check campaigns leaveemployees more vulnerable to unionpressure.Management pressure realThose employees participating in thesurvey reported management pressurewas a much bigger issue than pressurefrom unions. Four times as many workersreported being "greatly" coerced by managementas opposed to the union (22 percentvs. 6 percent).Under current law, an employer canlegally recognize a union if a majority ofemployees demonstrates the wish to berepresented by the union by signingauthorization cards.However, the decision whether to recognizethe union on this kind of majoritybasis is left up to the employer. Anemployer can refuse to recognize theunion and insist on an NLRB electioneven if 100 percent of employees havesigned authorization.With Employee Free Choice, the decisionwould no longer be left up to theemployer. Employees would be able topresent the signed authorizations to theNLRB, and if the NLRB determinesauthorizations have been signed by amajority of employees, the employerwould be legally required to recognizeand bargain with the union.As under current law, the NLRBwould continue to order elections whenthere is a genuine question as to whetheremployees want a union.In fact, the Employee Free Choicewould guarantee greater employee participationin the process because a majorityof eligible employees must sign authorizationsbefore a union can be certified.In an NLRB election, only a majority ofthe ballots cast determines the outcome.In union elections, as with our politicalelections, not all eligible voters typicallycome to the polls and cast ballots.gas boiler to freeze. Savvy to the problem,he got it going."It was a tense situation and we allwere cursing and yelling because all ofmy co-workers know I have a hearingdisability, but it was just the bogusexcuse Sanders needed as company president,"he said.Hohrein was sent home on a suspensionand got a call on Jan. 8 telling himhe was terminated. "It was revenge formy talking up the union," he said.Labor law violations allegedThe USW filed six charges with theNLRB for an accumulation of labor lawviolations at Front Range Energy thatinclude harassment, providing non-unionsupporters with better conditions thanunion supporters, and ordering employeesnot to talk to union advocates.Hohrein is no troublemaker. He has along history as a Vietnam veteran, a highschool history teacher and two decades ofservice as a boilermaker at another areaplant."I have one flaw, and that's telling thetruth," he said.Employment is tight in northernColorado. While he's looking for a newjob, Hohrein is not expecting quick justice.In fact, Front Range sought to kickhim when he was down and out by challenginghis application for state unemploymentcompensation.Nevertheless, Hohrein was awarded amonthly jobless benefit by the state hearingofficer, who said he was "dischargedfor hostile actions toward other employees.The available evidence does not substantiatethis allegation. In the absence ofa volitional act on your part, you are notresponsible for the separation."It's not yet justice, but it's something.USW@Work • winter 2007 19
Page 3 and 4: Speaking OutUSW active and retired
Page 5 and 6: "George did as much as any presiden
Page 7 and 8: In those early years, Mr. Beckerhir
Page 9 and 10: GOODYEAR CONTRACTIf there was one t
Page 11 and 12: GOODYEAR CONTRACTThe contract campa
Page 13 and 14: GOODYEAR CONTRACTAP Photo/Tyler Mor
Page 15 and 16: The USW will also have a voice on t
Page 17: Training Funds DropTraining workers
Page 23 and 24: • Restoration of health care bene
Page 25 and 26: A159-year-old copper producerfounde
Page 27 and 28: Mr. Kleiman, 78, died unexpectedlyo
Page 29 and 30: a new facility outside of Wisconsin
Page 31 and 32: usted shell. The explosion was felt
Page 33 and 34: An independent review panel ledby f
Page 35 and 36: arilyn Brownsectors in Liberia,part
Page 37 and 38: Holly Hart Appointed USW's Chief Lo
Page 39 and 40: CAPITOL LETTERSCAPITOL LETTERSThe i

USW@Work - National College Players Association - United ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?