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Supreme Court WhittlesAway at Worker RightsOOne of the defining features ofAmerican democracy is the institutionsthat are in place to protectits citizens from harm andabuse. Unfortunately, within athree-month period, the U.S.Supreme Court has significantlyhandicapped three such institutionsthat were designed to protectcitizens in the workplace:the Americans With DisabilitiesAct (ADA), the Family Medicaland Leave Act (FMLA), and theNational Labor Relations Act(NLRA). The nations highestcourt ruled against workersincluding undocumented workersemployment rights, the right ofemployees to be informed oftheir right to unpaid leave, andthe right to classify ergonomicinjuries (carpal tunnel syndrome,for example) as a disease.Here is a brief summary ofthose cases and their significance:Hoffman PlasticsCompound vs. NLRBFACT: The Court ruled 5-4that illegal immigrants fired forunion activity protected underthe National Labor Relations Actdo not have the right to demandback-pay.SIGNIFICANCE: The Courtruled in a separate decision thatundocumented workers, of whichthere are an estimated 10 millionworking in the U.S., are protectedunder federal labor laws,echoing President Bush’s desireto have these workers protected.Taking away their right to backpaycompromises that protectionand encourages companies touse undocumentedworkersinstead of legalcitizens.IMPACT:Companies willcontinue the trendof hiring illegalimmigrants andfiring them, with impunity, whenthey attempt to organize, an actthey cannot do legally againstU.S. citizens.Ragsdale vs. WolverineWorldwideFACT: In another 5-4 decision,the Court ruled that there isno legal authority for a ClintoneraLabor Department regulationpenalizing companies that fail tonotify employees of their right to12 weeks of unpaid emergencyleave stipulated under FMLA.SIGNIFICANCE: Writing indissent, Justice Sandra DayO’Connor wrote that the individualizedFMLA notice “not onlyassists employees in enforcingtheir entitlement to 12 weeks ofleave, but also helps them takeadvantage of their other rightsunder the Act.” Rights such asintermittent leave, continuationof health benefits, the ability tosubstitute accrued paid leave,and the right to a similar positionupon return from leave.IMPACT: Workers must noweducate themselves, or be educatedby their unions, abouttheir rights under the FMLA.Toyota vs. WilliamsFACT: In a unanimous decision,the Court ruled that carpaltunnel syndrome is not a diseaseas defined by the AmericansWith Disabilities Act (ADA).Williams, a former Toyotaassembly-line worker who sufferedfrom work-related carpaltunnel syndrome, requested ajob within the plant that wouldnot aggravate her condition, aswas her right under the ADA.Toyota refused and Williams wasforced to resign. She filed suitclaiming her right to accommodationunder the ADA had beendisregarded by the company.SIGNIFICANCE: The Courtreasoned that a condition couldonly be defined as a disability ifit limited a person’s ability toperform “major life activities.”The Court reasoned that theseactivities could include brushingteeth or hair, or householdchores— activities Williams wasstill able to perform. Labor andhealth activists argued that aperson’s work life constituted a“major life activity” and thatimpairments that limit a person’sability to work should thereforebe considered a disability.IMPACT: The definition ofdisability has been narroweddramatically and delegitimizesthe severity of ergonomic disorderslike carpal tunnel syndrome.10BCTGM News
One Localat Work!Outside the union office, a signtells you that this is BCTGMLocal 1 but more importantly themessage underneath the signtells you what this local is allabout: “Dignity, Justice,Respect!” And the local in theWindy City is blowing across thegreater Chicago areaat a torrid pacesweeping up membersand involvingthem in grassrootslabor activism.The local hasgrown both in sizeand strength inrecent years withthe merging ofLocal 552(Chicago) in June1999 and Local316 (Decatur, Ill)in August 2001into Local 1. Underthe leadership of President JethroHead, Local 1 has purchased anew building and upgraded thefacility to meet the needs of thelarger membership. Additionally,the local has assembled a teamthat includes the Officers, theExecutive Board and ShopStewards to move the unitedlocal forward.And according to Head, asthe local has grown so has itsmembership participation in bargaining,communicating, educating,organizing, political actionand servicing. Under the dynam-ic leadership of Head and fellowofficers Secretary-Treasurer JohnHoward, Vice President VirginiaRivers, and Recording SecretaryBeth Gudino, the local hasdeveloped several membershipbasedprograms that make it amodel to watch in the comingyears.“The merged Local 1 has aproud, strong collective history,”notes Head. “We also have agreat future to look forward tobecause the programs and projectsbeing implemented todaywill make us stronger for tomorrow.There is a great reservoir oftalent waiting to be tappedamong ourmembers andwe intend toget more andmore people involved,” saysHead.As part of this initiative, Local1 recently held an organizingseminar for union members whoexpressed an interest in becomingpart of the local’s newlyestablishedVoluntary OrganizingCommittee (VOC). Officers andtwelve BCTGM members met fortwo days of intense training thatfocused on contract negotiations,Asst. to the Pres. Bob Harbrant discussesworker profiles with membersof the Local 1 Voluntary OrganizingCommittee (VOC).worker profiles, plant diagrams,role-playing and research.According to Assistant to theInternational President BobHarbrant who led the sessions,“There was a great deal of livelydiscussions filled with obviouscommitment, dedication, effortand energy.”Members discussed organizingtargets and techniques andprepared presentations on variousassignments. “They were ahardworking, dedicated bunch. Isaw a lot of talent and tenacitywhich is further testimony towhat Local 1 is all about,” saidHarbrant.Head praised the seminarand the efforts of the members.“The participantsexceeded myexpectations and Iwas reallyimpressed. This isa great start for ourprogram and it hasa lot of potential.”The Local hasset an impressivegrowth rate of tenpercent for 2002and is institutingprogramslike the organizingtrainingsessions tomake it happen.International President FrankHurt praised the efforts of Local1 noting, “The leadership in thislocal is incredible. They havewhat it takes to become one ofthe best BCTGM local unions inthe country! I haven’t any doubtthat the energy and serious initiativesbeing put into place byJethro and his officers will catapultthis local into the 21stCentury.”March/April 2002 www.bctgm.org 11
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