In countless ways, the <strong>United</strong>Steelworkers is a better labor unionfor the 46 years Bernie Kleimanspent as its general counsel,lead steel industry negotiator,trouble shooter andclose advisor to fiveinternational presidents."Bernie Kleiman wasin fact the most importantperson the unionever had,'' USWPresident Leo W.Gerard said at a memorialservice for him atPittsburgh headquarters."I can't imagine the unionwithout him."26 winter 2007 • <strong>USW@Work</strong>
Mr. Kleiman, 78, died unexpectedlyon Dec. 13, 2006 of heartfailure. He was the union'sgeneral counsel from 1965 through 1997and was most recently special counsel toGerard. He also served former presidentsGeorge Becker, Lynn Williams, LloydMcBride and I.W. Abel.Great strength, determination"He had a great strength, a great determinationto do what is right," Williamssaid of Mr. Kleiman at the service. "Hisenergy, dedication and hard work werelegendary around the union."Although Mr. Kleiman officiallyretired from the union last summer, hecontinued to put in long days at workwithout pay. Just the week before hisdeath, he participated in a "SolidarityTour" of striking Goodyear locations.His role with the union was muchbroader than the typical duties of generalcounsel. In addition to his legal work, hewas a respected contract negotiator, laborstrategist, counselor and political activist.In essence, he was the union's chiefcontract bargainer along with the USWpresidents he served over the decades,said USW Secretary-Treasurer JamesEnglish.He especially enjoyed working withthe union's rank-and-file members andproudly represented their interests at bargainingtables in many industries."Bernie will always be close to myheart,'' said Pete Savoy, president of aUSW local at a Gerdau Ameristeel plantin Beaumont, Texas. "He was not just anegotiator, but a friend to Local 8586 andmyself."Mr. Kleiman was known for marathonnegotiating efforts, getting by on a fewhours of sleep and carrying a "magicbriefcase" stuffed with notes from countlessbargaining sessions. His warm andgenerous spirit never wavered."He believed in the mission of thisunion in the most profound and unwaveringway imaginable,'' said Ron Bloom,special assistant to the president. "Hiswas a devotion rooted in an unshakableknowledge that what we do sits at thevery core of making the world a betterplace for ourselves and our children…"Created legal departmentMr. Kleiman created the union's wellrespectedLegal Department in 1965, andplayed a key role in the April 1974 federalConsent Decree that brought the steelindustry into compliance with the CivilRights Act. That agreement opened milljobs to minorities and women.Mr. Kleiman was also the principalnegotiator and designer of the 1973Experimental Negotiating Agreement(ENA) with the steel industry, whichbarred strikes in return for contract arbitrationwhen there was a dispute.The ENA was designed to persuadedomestic steel users not to buy foreignimports every three years when unioncontracts were up for renegotiation andproduct stockpiling occurred.The agreement was in place for nearlya decade and is credited with raising theaverage wage ofsteelworkers from$2.50 an hour to$12.50 an hour,English said.When the 1980sbrought a downturnin steel, he pioneeredstrategicapproaches to bargainingthat wereaimed at saving theindustry while preservingemploymentopportunities. He also helped to negotiatethe creation of the Institute for CareerDevelopment (ICD), a company-paidprogram that provides lifelong learningopportunities for USW members.Protected jobsAmong his significant contributionswas contract language in steel that gaveUSW members job protections from outsidecontractors. Basically, he establishedthe principle that our members have firstpriority for all work in steel mills thatthey are capable of doing."For those who know something aboutthe structure of labor agreements, thiswas truly revolutionary," said Bloom."But the truly astounding part... waswhen he asserted, with a completelystraight face, that the company givingaway this right was in fact good for them— that this proposal was so good for thecompany that if the company were reallysmart, they would be proposing it themselves."During his tenure as general counsel,the union had 18 cases before the U.S.Supreme Court. The union won 13 ofthem and lost five. One was the Webercase, which affirmed the legality underTitle VII of the Civil Rights Act of affirmativeaction plans in employment.He worked with companies includingAllegheny Ludlum, Bridgestone/Firestone, Continental Tire, GerdauAmeristeel, Goodyear, ISG (InternationalSteel Group), Kaiser Aluminum,Newport News Shipbuilding, WCI Steel,U.S. Steel and many others.High school centerBorn in Chicago, Mr. Kleiman grewup in Kendallville, a small town in northeasternIndiana where his father was ascrap dealer. In that basketball-crazystate, Mr. Kleiman played centeron his high school varsity team.Mr. Kleiman enlisted in theU.S. Army after graduation fromhigh school just after the end ofWorld War II and served in Korea.After the service, he returned toIndiana and attended PurdueUniversity, majoring in metallurgicalengineering. He then enrolledat Northwestern University Schoolof Law, where he was awarded alaw review position.In 1960, he became counsel tothe Steelworkers' former District 31 coveringNorthwest Indiana and the GreaterChicago area. As District Counsel, hebrought a successful lawsuit to force thestate of Illinois to reapportion the statelegislature on a one-person one-votebasis, thereby giving urban, predominantlyworking-class voters a much greatervoice in the election of lawmakers.Word of his talents spread through theunion and in 1965 he was named generalcounsel of the entire union by I.W. Abel.Outside the union, he was active in theDemocratic Party, the Americans forDemocratic Action, and the AmericanCivil Liberties Union.<strong>USW@Work</strong> • winter 2007 27
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