Spring 2010 Newsletter - Carpenters Industrial Council

Vol. 73, No. 2
Portland, Oregon
Spring 2010
Obama Makes Two Labor Board Appointments
T
he work of the National Labor Relations Board has been hamstrung because the Board had only two of the
five members required. Three members
are needed for a quorum to act on cases
concerning labor law violations, worker
rights and organizing.
President Barack Obama broke the logjam March 27 by making two appointments during the Congressional recess.
Craig Becker, associate general counsel for
the Service Employees International
Union and Mark Pearce, a New York attorney who represents unions with a law firm
in Buffalo, were nominated by Obama in
June 2009.
Senate Republicans held up the appointments because Becker and Pearce
were opposed by pro-business groups, especially the U.S. Chamber of Commerce.
In fact, 41 Republican senators, led by John
McCain and Orin Hatch, signed a letter to
President Obama asking him to refrain
from making the appointments during the
recess. Obama has the constitutional authority to make recess appointments for
an interim period. In this case the interim
period expires at the end of 2011.
Interim appointments have been made
by both political parties when the opposition party holds up confirmations. President George Bush, for example, made
On March 27,Craig Becker was appointed to an interim term on the National Labor Relations Board by President Obama. He was being opposed by the U.S. Chamber of
Commerce and Senate Republicans who have been holding up his nomination since
June. The NLRB was severely hampered because only two of the five seats were filled.
Becker is associate general counsel for the Service Employees International Union.
seven recess appointments to the NLRB
because they were opposed by the Democratic majority at the time. His most controversial recess appointment was Michael
Bartlett in 2002 because he was employed
by the U.S. Chamber of Commerce and
openly hostile towards unions.
Becker has practiced law for over 30
years. He graduated summa cum laude
from Yale in 1978 and received his law degree from Yale Law School in 1981. Before
joining the legal staff at the Service Employees International Union, Becker was a
law professor at the UCLA School of Law,
the University of Chicago and Georgetown
Law School in Washington, D.C.
Becker has written law review articles
stating that the key purposes of labor law
have been diluted and lost. He noted that
the law set out rights to guarantee and
safeguard worker rights to freely decide
whether or not to unionize and employers
have undermined the central purpose of
the law by violating it with almost total impunity, partly due to flaws in the old
statutes and partially due to misguided
and incorrect interpretations. Becker’s
writings also offer ideas on ways to fix the
problem.
Pearce earned his bachelors degree
from Cornell University in New York. After
completing his law degree from State University of New York, Pearce served as an attorney for the National Labor Relations
Board in Buffalo for 15 years. He then
moved to a private law firm where he represented unions in state and federal court.
The governor of New York appointed
Pearce to a seat on the New York State Industrial Board of Appeals to hear appeals
under the New York wage and hour law.
WHAT’S Two Carpenter Arkansas Locals Transferred to CIC
INSIDE?
Regional Reports
• Southern
• Eastern
• Western
• Midwestern
See Page 4
See Page 5
See Page 5
See Page 6
Canadian Violations of Lumber Agreement Under Review
See Page 2
Impact of Health Reform
on Your Employers
See Page 3
Labor & Churches —
A Natural Connection
See Page 3
2010 Women’s Conference
See Page 7
Special Call
Convention Announcement
See Page 8
Two local unions in Arkansas
representing plant workers have
been transferred from the Carpenters construction council to the
Carpenters Industrial Council.
The Arkansas Regional Council of
Carpenters and the UBC International felt that industrial workers
have more in common with the
CIC and should have a closer relationship to other factory workers
for purposes of handling day-today grievances and negotiating
new contracts.
The two locals making the
move are Local 1225 in Mountain
Home and Local 147 in Conway.
Local 1225 represents workers
in the Epoxyn Products plant that
manufacturers injection mold laboratory sinks, counter tops, peg
board shelving and fume hood
bases. It is owned by Thermo-Fischer, which has a plant in Two
Rivers, WI. Workers in that plant
are members of CIC Local 1533.
The Mountain Home facility
was opened in 1976 and organized
in 1999. There are 125 workers employed there. The collective bargaining agreement expires in 2012
and the main issues the local is
currently working on involve dust
generated from the manufacturing process and improving the
machinery maintenance program.
The CIC moved quickly to introduce the new members to their
new council, how it works and
what can be expected in the future. Training classes were held
January 21 and 22 for the officers
of Local 1225. It covered officer’s
duties, conducting efficient and
interesting union meetings and
how to reach out to members and
nonmembers when problems
arise. A full day was also dedicated
to teaching the financial officers
how to keep accurate financial
records, and how to do regular audits.
One of the first programs that
will be undertaken by the local,
with CIC staff assistance, is a oneon-one program to meet with
every member and nonmember
to educate them on the benefits of
having a unionized workplace and
what it will take to improve working conditions.
A stewards training class is being planned for the fall.
Commenting on the training
classes, local union president
Steve Fisher said, “This was certainly a learning experience. It
should help us be a more efficient
local.”
Local 1225 represents workers in Epoxyn Products in Mountain
Home, AR. The officers attended classes Jan. 21-22 covering officers’
duties shortly after the local was transferred from the construction
council to the Carpenters Industrial Council. Pictured above (l to r)
are Steve Fisher, Laura Haberman, Linda McLary, Steve Evangelista
and Paul Smith.
Laura Haberman, Financial
Secretary for Local 1225 commented, “This was much needed.
We have a better understanding
what our duties are and how to do
them. I’m excited about the new
Council.”
The training sessions were conducted by CIC Education Director
Steve Griffith and CIC Representative Tony Hadley, who is assigned
to service Local 1225.
Local 147 in Conway, AR represents maintenance workers in a
Kimberly Clark paper plant that
makes high-end hygiene paper
products such as woman’s sanitary products and adult diapers.
The plant also turns out absorbent
material that is used in the popular Huggies brand of baby diapers.
Strict quality controls are in place
to manufacture what’s considered
a Class II medical product. The
maintenance crew has become
very specialized taking care of
equipment that has been designed and engineered by Kimberly Clark for these specialty
products.
Fortunately, the mill has not
been affected by the downturn in
the economy. In fact, there is un-
(Turn to Page 2)
UNION REGISTER
2 • SPRING 2010
Canadian Violations of the Softwood Lumber Agreement
Under Review by U.S. Trade Representatives Office
The Canadian share of the U.S. lumber market has declined from 34 percent immediately before the Softwood
Lumber Agreement (SLA) was put into place in late 2006 to
29 percent in late 2009. By these numbers the agreement
has had some beneficial effects for U.S. sawmills during the
recession and the severe downturn in demand for construction grade lumber. The purpose of the SLA was to level the
playing field and reduce Canada’s inherent advantages concerning “administered” pricing of government-owned timber that’s transferred to mill owners during weak lumber
markets.
The question remains, however, whether or not the pain
of this prolonged building recession has been shared equally
between Canadian and U.S. lumber manufacturers. One indicator, lumber production figures, suggests that cutbacks
have been much greater in the U.S. than in Canada. As of
November 2009 Canadian production was down 14 percent
from November 2008 figures while the U.S. output decline,
over the same period, was 17 percent.
Even more troubling is the fact that softwood lumber output from the interior of British Columbia, where most of the
lumber produced is shipped into the U.S., was only 9 percent below what is was a year earlier. This strongly suggests
that British Columbia lumber producers and the provincial
government selling logs to sawmills have found ways to undermine the provisions of the SLA and cut their cost so they
can export lumber to U.S. despite escalating border taxes.
Evidence is building that the B.C. government is cutting
stumpage fees to offset rising export taxes on lumber exports.
Average stumpage fees (fees charged to British Columbia
forest products companies for logs harvested from government lands) have fallen by almost 80 percent since early
2007. The declines continued through 2009 even as lumber
prices showed a modest increase. One of the main reasons
behind this decline in B.C. stumpage fees is the increased
share of the harvest designated as “Grade 4”. Grade 4 logs
are lower grade logs, typically used for pulpwood, but recent
data reveals that more and more high quality sawlogs are being given the “Grade 4” designation, thus, causing the average price for all logs delivered to the mill to fall.
The B.C. government is charging timber companies 25 cents
per cubic meter which is essentially giving it away.
The U.S. Special Trade Representatives office is looking
into this “Grade 4” manipulation to determine if a solid case
can be made in the SLA appeals process to stop it.
USTR KIRK QUESTIONED BY
SENATE FINANCE COMMITTEE ON THE SLA
At a hearing on March 3, 2010 Special Trade Representative, Ron Kirk, was questioned by members of the Senate Finance Committee concerning enforcement issues surrounding the Softwood Lumber Agreement. In response to
a question asked by Senator Wyden (D-OR), Kirk indicated
that the enforcement of the SLA is a priority for the Administration and the Administration is looking into British Columbia timber pricing practices. In addition, Senator Crapo
(R-ID) met privately with Kirk to urge him to move quickly
on a solution to halt the violations under the SLA concerning
the artificial manipulation of stumpage fees by British Columbia.
...Arkansas Locals Transferred
(From Page 1)
used capacity in the plant that can be used as
future demand grows.
There are 90 workers in the maintenance
department and the collective bargaining
agreement expires May 31, 2010. One of the
main issues on the table will be contract labor
and non-bargaining employees doing work
traditionally performed by the maintenance
crew.
Steve Griffith and Tony Hadley conducted
training classes for the officers and stewards
on January 19 and 20. A bargaining class was
held on the 19th, which will help prepare the
officers and Negotiating Committee members
for upcoming contract talks. Then, the following day stewards were invited to a four-hour
class that concentrated on grievance processing and problem solving.
The basics of forming a one-on-one contact
system that is based on face-to-face conversations were explained and the first steps taken
to initiate the communications network were
taken. Follow-up will occur at future local
union meetings. Officers training will be
scheduled in the fall, depending on the status
of contract negotiations at that time. Steward
training classes will also be conducted by Rep
Hadley.
Local Union President Mark Crunkleton
was pleased with the training for contract negotiations. It was timely, he said, and will give
direction to the committee. One of the Local
147 stewards commented, “This class really
helps to understand the difference between
gripes and grievances that are violations of the
contract. It was also useful in defining what
background information is needed to process
a grievance properly. I think communication
with the members will improve as a result of
this training.”
Officers and stewards of Local 147, Conway, Arkansas, attended training classes on contract
negotiations and grievance processing January 19-20. Pictured above (l to r) are Michael
Wooley, John Preddy,Mark Crunkleton,LesterWatada,Ed Messner,Jim Nabholz,and trainer
Steve Griffith.This local, which represents the maintenance department workers at a Kimberly Clark paper plant, was recently transferred to the CIC from the UBC Arkansas construction council.
SLAVIOLATED WHEN NEW BRUNSWICK
GOVERNMENT GIVES SUBSIDIES TO SAWMILL
In February the New Brunswick provincial government
announced that a government loan and loan guarantee,
amounting to $3 million, plus an increase in the timber allocation would be extended to a New Brunswick sawmill
company so the mill could be re-opened. New Brunswick
sits on the eastern border of Maine and this announcement
sent shock waves through the Maine sawmilling industry.
While Maine mills sit idle, the New Brunswick government is
violating the Softwood Lumber Agreement which expressly
forbids government subsidies that give Canadian producers
an unfair advantage over their counterparts in the U.S.
An arbitration decision is expected later this year on similar support programs activated by the governments in Ontario and Quebec.
Workers and Unions Converge
on Oregon State Capitol
Demanding More Job
Creation Programs
A February rally held on the front
steps of the state capitol in Salem, Oregon drew nearly 500 workers and union
members. The loud and boisterous
group was calling on legislators to pass
job creation measures to put people
back to work. Members and leaders of
the Carpenters Industrial Council and
the Carpenters Northwest Regional
Council were well represented.
After the “Put Oregon Back to Work”
rally, participants dispersed and walked
the halls of the capitol to talk with legislators about the measures that would
stimulate new jobs.
“Oregon has over 200,000 unemployed workers and one of the highest
unemployment rates in the country,”
noted Bill Kluting, Legislative Represen-
tative for CIC local unions in Oregon.
Kluting continued, “Manufacturing
and construction has been especially
hard hit by this long recession. Legislators seemed to be only fixated on the
state budget deficit and was just not
paying enough attention to several bills
introduced to create jobs.”
Kluting also pointed out that the state
and local governments have been extremely slow at putting the federal stimulus dollars to work in projects that
would employ Oregonians.
“This was a great exercise in letting
our legislators know how voters feel
about jobs and their responsibility to
tackle the tough measures to advance
job opportunities,” concluded Kluting.
UNION REGISTER
SPRING 2010 • 3
Impact of Health Reform on Employer-Based Plans Under Study
The major achievement of the health reform law, signed
by President Obama on March 23, was to extend health insurance to 32 million Americans who are not currently covered. Effective in 2014 most citizens will be required to get
health coverage or pay a penalty. Subsidies are available to
assist lower income families to make those purchases. They
will be able to“price shop” in so-called health exchanges that
will be established by states.
What does this mean for families covered by union-negotiated health and welfare plans?
Firstly, collective bargaining plans are not required to
comply with the Act until the collective bargaining contract
in effect at the time of enactment expires. Depending on
contract expiration dates, this could mean three or four
years before some plans must be changed. These plans will
be looking mainly at dependent coverage (students covered
to age 26), lifetime maximum increases and wording to insure no one is excluded from coverage due to a pre-existing
medical condition.
While the reform package offers no magic pill for cost
control, the framers hope that, over time, inititives it will help
dampen the severe upward cost spiral. If this happens, it will
take several years before outcomes are known.
Some have argued that covering everyone is a first step
towards alleviating cost pressures. That’s because the uninsured usually wait until an illness reaches the critical stages
before walking into a health care facility and then they show
up at the emergency room where costs are extremely high.
This treatment is not free. Hospitals cannot absorb the extra
costs of providing this care so their fees to the insured patients are adjusted upwards. Those costs, in turn, get passed
along to employer and worker groups with negotiated plans
through higher insurance premiums.
The Act also sets up competitive market place exchanges
for“selling” health plans to individuals and small groups and
squeezes down on reimbursements in the hope of encouraging waste reduction and eliminating duplication. Only
time will tell if these measures will actually begin to moderate health costs.
Another provision that could have beneficial impacts for
union employers is that small and large businesses will be
required to provide coverage for their employees. Small
businesses are eligible for tax credits to help pay for the new
health coverage. Many nonunion firms that compete directly with union companies gain an unfair advantage by
denying health care to their employees or by having low-cost
skeleton plans in place. This gap could narrow due to health
care reform.
Finally, there is a provision taking effect in 2018 that will
impose a tax on the most expensive insurance benefits.
These high-cost “Cadillac” plans are targeted for two reasons. First, it’s seen as a source of revenue to fund the larger
program and second, health care economists believe plans
with no deductibles or co-payments drive up spending because they discourage cost-effective medical care.
The definition of a Cadillac plan is one with an annual family premium of $27,500 per year or more and $10,200 for single coverage. During the health care debate the CIC opposed this excise tax on high cost plans because some plans
are expensive only because they cover high risk, older employees. There are few plans negotiated by the CIC that exceed this premium amount for the health care portion of the
health package so it is unlikely that many members will be
impacted by this provision. The cost of dental and vision
coverage is excluded.
A few CIC-negotiated plans provide retirees with a drug
prescription benefit, in part, to fill in the coverage gap in
Medicare Part D commonly called the “donut hole”. The
Health Reform Act closes this gap effective in 2020. For plans
with a senior drug benefit, closing this gap and adding new
drugs could very well increase costs.
There are many unanswered questions that will become
clearer as time passes and the regulations are formulated.
And it could take as long as twelve months to write and finalize the regulations.
Labor and Churches:
A Natural Connection
Coalitions between labor and religious
groups are, once again, becoming more visible. This may surprise many people but
churches are increasingly recognizing the
natural connection between religious creeds
and the mission of organized labor. It can be
considered a resurgence of a strong history
linking these two groups.
Two recent highly publicized examples
are found in the Midwest. The Catholic and
Methodist churches joined workers at the
Republic Window plant in Chicago in December 2008 when they occupied the plant
to protest a foreclosure by Bank of America.
They were trying to forestall a plant closure
or win severance payments. And in February 2010 clergy groups joined union demonstrators in front of a number of Well Fargo
Banks when the bank refused to extend
credit to Quad City Die Casting in Moline, IL,
thus, causing the plant to close.
One labor leader made this very moving
remark when describing his personal experience with religion and unions, “Without
our family, there would be no love, without
the church there would be no hope for redemption and without my father’s union
there would be no food on the table.”
Churches have historically identified
closely with the plight of workers making an
effort to exercise basic human rights. In
1891 the Catholic Church issued a statement
(Rerum Novarum) about the morality of
providing workers with a living wage and the
absolute right to join unions and engage in
collective bargaining. Listed below is a selection of labor rights statements issued by a
variety of churches:
“We recognize the right of labor to organize and to engage in collective bargaining to
the end that labor may have a fair and living wage.”
SOUTHERN BAPTIST CONVENTION
“Labor can have no effective voice as long
as it is unorganized…”
CATHOLIC CHURCH
“Laborers are always to be regarded as
persons and never as a commodity. Industry
was made for man,and not man for industry…”
CHURCH OF THE BRETHREN
ISSN 0274-970X
OFFICIAL LABOR NEWS PUBLICATION published quarterly
for the Carpenters Industrial Council UBC and its Affiliates
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UNION REGISTER COMPANY OFFICERS
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Editorial and Business Offices:
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“Modern life has permitted wealth to
consolidate itself through organization into
corporations. Workers have the same inalienable right to organize…”
JEWISH SYNAGOGUE
“We stand for the right of employees and
employers alike to organize for collective
bargaining and social action…”
METHODIST
“We are convinced that the organization
of labor is essential to the well being of the
working people…It is the right of every man
to organize with his fellow workers for collective bargaining through representatives
of his own choice.”
LUTHERAN CHURCH
There is a long and honored history of religious groups working hand in hand for
moral and economic justice.
Martin Luther King Jr was killed in 1968
while pulling together religious, community
and labor groups to support the garbage
workers strike in Memphis, TN.
An estimated 150 Catholic Labor Schools
were established from 1936 to 1956 to link
the goals of labor with the social justice mission of the church. These schools provided
union members and religious leaders with a
spiritual and moral base for their work.
Church involvement with farm workers
stimulated and provided the foundation for
creation of the National Farm Workers
Union. In the 1920’s religious groups provided day care for the children of farm laborers. These evolved into Migrant Ministry
programs in some fifteen states. Cesar
Chavez got his start in the California Migrant
Ministry and this background paved the way
for the formation of the farm workers union
and the first strike
against grape growers in 1965. Religious presence on
the picket lines and
in the grape boycott
provided a powerful
voice reaching out
to the wider community.
An organization
called Interfaith Worker Justice (www.iwj.
org) continues with this religion-labor tradition by supporting working peoples’ struggles and by spearheading “living wage” campaigns in major U.S. cities. These campaigns are called Stopping Wage Theft.
CIC local unions can foster labor-church
coalitions in their own communities by talking to their ministers, priests or rabbis, having a union-sponsored presence at religious
events intended to help the less fortunate
(like Habitat for Humanity, food bank drives
and homeless shelters) and by making labor’s plight known to the local clergy
through meetings and co-sponsored events.
When connections are made on spiritual
and moral grounds workers throughout the
community have a better chance of securing a fair workplace through unionization.
Longtime Local 2927 Member
Bill Funkhouser Remembered
Bill Funkhouser, a 34-year member of Local 2927 in Martell, California, passed away
on February 4th. He was 71 years old.
Bill was a familiar sight on the local union
executive board, having served in almost
every elected position. He was also the chief
steward for over 20 years on the log deck and
was elected as business agent for the local in
the late 80s.
Bill helped negotiate the severance agreement with Georgia Pacific when the mill
closed in 1997. After retiring, Bill and his wife
Estella settled in Boise, Idaho.
Bill will be deeply missed by his many
friends and union brothers and sisters in the
Martell area.
UNION REGISTER
4 • SPRING 2010
Local 1032 Members in Milton, FL
Mourn the Loss of Dwight Davis
Members of Local 1032 in
Milton, Florida were shocked
and saddened when learning
that Dwight Davis died in a
tragic automobile accident
February 27, 2010. He was fifty
five years old. Local 1032
members work for the Santa
Rosa County School District
and Davis served as an inspirational and dedicated leader in
that local union. He was a
Trustee and Shop Steward and
was always ready to help when
new workers were recruited to
join the union.
Raised in Birmingham, AL,
Davis joined the Army, and
upon receiving an honorable
discharge he enlisted in the
Navy. He served a total of 12
years in the military.
Davis worked as a Trades
Helper in the Maintenance Department for over eighteen years.
“Dwight never met a stranger
and was a dear friend for over
sixteen years,” said local union
president Joyce Powell. “He was
a very good steward and, many
times, used his own time and
money to investigate grievances
for members. He fought for all of
his co-workers regardless of who
they were.”
James Smith, a mechanic in
the maintenance department,
noted what a good friend Davis
was. “He was always there when
you needed him—a true friend
that you could always depend
on.”
“You always knew that Dwight
would always take care of something when he said he would,”
commented fellow member
Roger Hardy. “He was dedicated
to helping people.”
MichaelWarren, Organizer for
the CIC worked closely with
Davis during several sign-up
campaigns. Warren remembers
Dwight as a person who believed
strongly in the union and justice
on the job for his sisters and
brothers. Davis worked tirelessly
during lunch breaks and after
hours, not only representing existing members, but also signing
up new members. “Dwight attended monthly union meetings
religiously and played a key role
in making the CIC Membership
Retention Program a success in
this local,” said Warren.
Dwight Davis leaves his wife,
Bertha, a daughter, three sons
and seven grandchildren.
Pictured above is the Bargaining Committee for Local 2153 in Taylorsville, MS that recently
completed contract negotiations with the Roseburg Forest Products particleboard plant. They
are, L to R, Robert Barns, President, Ken Boone,Warden and Jerry Jones,Vice President.
Members of Local 2153 in Taylorsville, MS Ratify
New Agreement with Roseburg Forest Products
Members of Local 2153 in Taylorsville, Mississippi approved a new four year contract with
Roseburg Forest Products covering the particleboard plant.
Despite continuing problems in the economy and the decline in demand for certain
grades of particleboard, the bargaining committee worked hard with CIC Representative
Tony Hadley to make as many gains as possible.
While the contract actually expired May 31,
2009, it took an extra seven months to hammer
out something that was fair to the membership.
The final proposal was ratified on January 6,
2010.
The final settlement provides for a $500 signing bonus paid to each employee and another
$500 bonus payment in June 2010. A wage increase of 1.5 percent is due in June 2011 and a 2
percent increase is effective June 2012.
The company agreed that there would be no
increase in the employee share of the monthly
premium for the health care plan during the
term of the contract.
There were also improvements in both the
defined benefit pension plan and the 401(k)
plan. The benefit in the basic pension plan increases by $3 per month per year of service, in
three steps, over the duration of the contract
and the company match in the 401(k) plan will
go to 50 cents for every dollar contributed by the
employee, up to 6 percent of employee earnings. Shift differentials were also improved.
There were also several nonmonetary improvements. For example, the union representative will monitor the selection process for persons applying for the maintenance training
program, step parents were added to the bereavement leave provision and employees now
have the option to draw their vacation checks
on their anniversary date or when vacation is
actually taken.
Mississippi Member Comes to Aid of
Seizure Victim in Batesville Casket Plant
When Harold Mayfield heard a commotion and
shouts for help about ten feet from his work station
he knew someone was in severe stress.
When Mayfield rushed to the scene and saw fellow member Sharon Sims on the floor suffering
from a seizure he asked the supervisor to call the
paramedics. Mayfield then put his extensive EMT
training into action. Sim’s body movements told
him that she was suffering from a seizure. He
cleared people away from Sims, held her hand and
talked calmly to her.
Mayfield explained that a person suffering from
a seizure sees and hears what’s going on around
them and the first order of business is to help them
relax so the seizure will pass more quickly. He quietly reassured Sharon and watched to make sure
her breathing passages were clear. Mayfield asked
Sims to squeeze his hand and, in a short time, she
began to relax and the convulsions stopped.
The paramedics arrived within fifteen minutes
of the call and carefully moved Sims into the ambulance. She spent two weeks in the hospital
where doctors had high praise for Mayfield’s quick
actions to relieve the effects of the seizure. The doctors determined that Sims had suffered several minor strokes while lying on the plant floor and said
that Mayfield“did everything right, especially in the
light of the strokes that were occurring.”
Sims has made a full recovery and came back to
work at the Vicksburg, MS Batesville Casket plant
in March where she tracks and inventories the
many wood parts cut for assembly into caskets at
another plant. Sims and Mayfield are members of
Local 2285.
When Mayfield first started in the parts plant he
became a member of the safety committee and
took every EMT class available. “We still don’t have
enough people trained as first responders in the
event of a heart attack, stroke or an accident. A
quick reaction can save a life or save a limb. It is
important to learn from this event and get more
people trained so all shifts are covered,” concluded
Mayfield. Mayfield, for example, is the only person
trained in the plant to use the defibrilator in the
event someone has a heart attack.
Mayfield points out that every workday begins
when supervisors ask if there are any safety concerns. “The company is saying that we’re putting
safety first and I think we would get even better results if the union played a larger role on the safety
committee,” Mayfield added.
Sims is certainly very glad that Mayfield received
training on emergency procedures and that he kept
calm while others were confused and excited.
Sharon Sims (l) is pictured with
Harold Mayfield (r) outside the
Batesville Casket company
parts plant in Vicksburg, MS
when Sims returned to work after suffering a seizure on the
job. Mayfield, a trained emergency responder, quickly took
charge of a chaotic situation
when Sims fell. He worked with
her until the seizure subsided
and the paramedics arrived.
Mayfield and Sims now feel they
are much more than just
brother and sister members of
Local 2285.
UNION REGISTER
SPRING 2010 • 5
Personal
Finance
Credit Card Reform
Changes Take Effect
Banks are required under the
new 2010 credit card law to halt
some of their add-on fee practices
and to do a better job of informing
borrowers about interest rate
charges. These practices have
been blamed for piling unintended debt on credit card holders.
First, the Federal Reserve has
created
a
web
site
(www.federalreserve.gov/credit
card) to answer questions cardholders may have about the new
protections. Listed below are the
key features of the new law.
• The interest rate on your credit
card cannot be raised in the first
year after an account is opened.
After that, cardholders must be notified 45 days before any changes
can be made in the interest rate.
Previously, banks could raise interest rates at any time without notice.
• New disclosure rules will show
cardholders how many months it
will take to pay off a balance if only
minimum payments are made.
Statements will also show how
much needs to be paid each
month to pay off the balance in
three years.
• Service fees, such as annual
fees, cannot be higher than 25 percent of the credit limit during the
first year of use. After that, there is
no cap. Previously, banks could
charge as much as they wanted.
• Monthly statements must now
be sent out 21 days before the payment is due and finance charges
cannot be applied before the payment due date. Previously, some
card companies sent statements
only days before the payment was
due which caused interest charges
or late fees to be applied when
consumers thought they were
making payment on time.
• Previously, banks set credit
limits for the cardholder then routinely applied an “over-the-limit”
fee when charges exceeded the
limit. Now, the cardholder must
specifically agree to be assessed extra fees when the card limit is exceeded. Banks have started doing
“alerts” that pop up when a purchase would cause the limit to be
exceeded. The cardholder, then, is
prohibited from making charges
that go above the limit.
JOSE PEREZ, a 50-year
member of Local 2652, Standard,
CA, was honored to receive his 50year Gold Card. Perez spent his
time in the Standard box factory
and recalls a “rough bunch of
bosses.” Perez left the mill after 20
years and dedicated his life to volunteer work at St. Patrick’s church
in Sonora, CA.
VINCE DEANDA received his 50year Gold membership card after 50 years
of continuous membership in the Carpenters Union. He is a member of Local 2652,
Standard, CA. He worked atWestside Lumber until the mill closed in 1995. He said
he remembers two different strikes in 1962
and in 1982, each one lasting for almost
one year. But the members were tough
and determined and looked out after one
another—they had little choice if they
wanted a fair contract.
Overhead Door Workers Reimbursed
For Health Premium Overpayments
In December 2009 Local Union 3078
in Athens, GA learned that the company, Overhead Door, had been deducting too much from employee’s paychecks for their share of the monthly
premium for the health care plan. CIC
Representative Jason Weitzel uncovered
the error in a routine review of payroll
records.
The records were reviewed for the entire years of 2008 and 2009 and it was
determined that the company was subtracting 94 cents too much per week for
single coverage and $1.74 per week too
much for family coverage.
The company acknowledged the error and made lump sum payments to
the crew in mid-February.
The total reimbursement for all employees was in excess of $12,000.
Robbie Williams, President of Local
3078, commented, “The response from
the membership was very positive.
They were thankful the union was looking out for them. The timing was good
too because it helped make up for the
shorter hours being worked.”
UNION REGISTER
6 • SPRING 2010
Terminated in June 2009
from the Dorel Juvenile
plant, Columbus, Indiana,
Guillermo Munoz was reinstated with full back pay
when an arbitrator, in
March 2010,found that the
company acted wrongly
when receiving an anonymous letter concerning his
Social Security number
and immigrant status.
El arbitro volvio a emplear a
Guillermo Munoz despues de su
injusto despido en la Planta de
Dorel en Columbus, Indiana
Guillermo Munoz fue llamado a la oficina de Dorel
Juvenile Group el 3 de junio, 2009 y le dijeron que seria despedido porque la compañia recibio una carta
anonima diciendo que Muñoz estaba usando el Numero de Seguro Social de otra persona.
La Local union 1155 y los representantes de CIC argumentaron que cuando Munoz fue contratado se encontro estar en conformidad con las disposiciones de
la Reforma Migratoria y el “Control Act.” “Una carta
anonima,” continuo la union, “no justifica una demanda por la compañia que Munoz vericara su estatus otra vez como un immigrante legal.”
La union tambien presento opiniones legales acerca del Seguro Social “match/no match” determinaciones comparando los nombres de los empleados
con sus numeros de Seguro Social. La ley dice claramente que una “no-match” no puede ser usada para
determinar si una persona es un immigrante legal o illegal.
La union tambien señalo que la compañia cambio
el motivo por haber despedido a Muñoz en la audiencia de la arbitracion, diciendo que el no fue despedido
debido a la carta anonima que recibieron, sino
porque no fue a la oficina del Seguro Social para
aclarar el hecho de que sus papeles no coincidian correctamente con la informacion que el habia dado
cuan do fue contratado. Finalmente, la compañia fallo
en darle una nota de despido al empleado y la union
como se require en el contrato.
El arbitro le dio un grandioso peso a los argumentos de la union y finalmente decidio que no hubo una
causa justa por la cual Muñoz fue despedido. Es la
obligacion de la compañia probar que su accion de
despedir lo fue por una causa justa y Dorel no
cumplio con eso. El arbitro ignoro la carta completamente porque no habia manera de verificar su contenido.
El arbitro le otorgo a Munoz reintegracion a su
posicion antigua y ordeno que se le seria pagado todo
su salario y sus beneficios desde el tiempo que fue despedido en Junio hasta la fecha que el regrese a trabajar. El pago total se aproxima estar entre $30,000 a
$40,000.
Harry Alfrey, representante de negocios, dijo,
“Nosotros estamos muy contentos que el hermano
Muñoz tuvo paciencia y animo para pelear este injusto despido, hasta el final. Este caso pone un buen
ejemplo para todos los miembros hispanos del Local
1155 que trabajan en la planta de Columbus.”
“Yo pienso que esta arbitracion ayuda a clarificar
cosas para todas las partes envueltas,” dijo Dan O’Donnell, CIC Midwest Regional Manager. “Una vez
que una compañia ha aceptado los documentos I-9
de immigracion de un empleado, la compañia no
puede pedir mas pruebas mas tarde, para proveer todos sus papeles otra vez solo porque alguien hace una
carta anonima, una acusacion sin firmamento, o
porque un supervisor se enoja con un empleado.”
Arbitrator Reinstates Guillermo Munoz After Unjust
Discharge at Dorel Plant in Columbus, Indiana
Guillermo Munoz was called into the Dorel Juvenile Group manager’s office on June 3, 2009
and told he was being terminated because the
company received an anonymous letter claiming
that Munoz was using another person’s Social Security number.
Local union 1155 and CIC Representatives argued that when Munoz was hired he was found
to be in compliance with provisions of the Immigration Reform and Control Act. “An anonymous
letter,” the union continued, “did not justify a demand by the company that Munoz verify his status again as a lawful immigrant.”
The union also presented legal opinions regarding Social Security “match/no-match” determinations when comparing employee’s names
with Social Security numbers. A no-match, the
law clearly says, cannot be used by itself to determine whether or not a person is an illegal immigrant.
The union also pointed out that the company
changed their “reason” for terminating Munoz at
the arbitration hearing, stating that he wasn’t
fired as a result of the anonymous letter but,
rather, for not going to Social Security to
straighten out the “no-match” finding. Finally,
the company failed to give written notice of the
termination to the employee and the union as required by the contract.
The arbitrator gave great weight to the union’s
arguments and ruled that the just cause standard
was not met when Munoz was terminated. It is
the company’s obligation to prove that their action to terminate was for just cause and Dorel did
not meet that standard. The arbitrator essentially
threw out the anonymous letter because there
was no way to verify its contents.
The arbitrator awarded Munoz reinstatement
to his former position and ordered that he be
made whole for all lost wages and benefits from
his June firing date to his return to the date he returns to work. The back pay award is estimated
to be in the neighborhood of $30,000 to $40,000.
Harry Alfrey, CIC Business Representative,
said, “We are very glad that Brother Munoz had
the patience and the courage to fight this unfair
termination out to the end. It sets a good example for the many Hispanic members of Local 1155
who work in the Columbus plant.”
“I think this arbitration helps clarify things for
all parties involved,” said Dan O’Donnell, CIC
Midwest Regional Manager. “Once a company
has accepted an employee’s I-9 immigration documents, the company can’t ask them to jump
through hoops later on, to provide all their paperwork over again just because someone makes an
anonymous, unsubstantiated accusation, or because a supervisor gets mad at an employee.”
CIC Representative
Greg Coenen
Recognized by United Way
Greg Coenen, CIC Representative serving in the Midwestern Region, received
the 2009 Labor Beacon Award from the
Manitowoc County United Way.
When presenting the award, last year’s
recipient, Bob Lutz said of Coenen, “He
encouraged local unions to become more
involved with United Way through personal contacts with leadership, talking at
local union meetings and informing
members about the work being done by
the United Way.”
Coenen said that he accepted the
award on behalf of the many labor organizations and union members in the
county who are supporting United Way.
“We, the folks who are working, are fortunate,” said Coenen. “When brother and
sister members who are out of work need
our help we need to dig deeper and help.”
UNION REGISTER
SPRING 2010 • 7
Jeanne Opelt Retires After Serving Almost
40 Years as Recording Secretary for
Marshfield, WI Local
When the Marshfield Homes manufacturing plant closed in November 2009
Jeanne Opelt narrowly missed her goal of
serving forty years as Recording Secretary of
Local Union 2958. She was just seven
months short of reaching the forty year
mark.
Opelt was 20 years old when she went to
work in the Marshfield, Wisconsin modular
home factory. “The crew really had fun in
those days,” said Opelt. “We got the work
done, learned a lot and the supervisors were
awesome. They listened closely when problems were brought to them and were quick
to correct them. They were never disrespectful.”
Opelt started out building side walls, doing electrical installations and setting ceilings. When the company ended her career
she had done most every job on the assembly line. From start to finish it took about
two days to complete a home for shipment.
The line moved a bit faster in the early days
because the company made one standard
blueprint. As the homes became more varied to give customers more options the assembly line slowed down.
Opelt was asked to serve on the negotiating committee in 1973 and participated in
contract bargaining for every contract negotiated during those last thirty eight years of
the plant’s existence.
Opelt was also a job steward and remembers many intense sessions with the company. One case took a year to resolve but, in
the end, Opelt helped win the arbitration
case that brought an employee back to work
with full back pay and seniority after being
improperly fired. “He was lukewarm about
the union before he was fired,” Opelt recalled, “but became one of the local’s
strongest backers after seeing how hard we
fought to win his job back.”
Opelt, with her forty one years of seniority, was one of the last employees in the plant
to finish out the last homes on the assembly
line. But the toughest of all the “final” tasks
connected with this shut down was cleaning
out the union office. “It felt like a death in
the family,” said Opelt.
“I’ll miss the conventions and the friendships made with union members from the
other locals,” Opelt added. “Those conventions made you feel alive and just picked you
Jeanne Opelt (r), served for
almost 40 years as Recording Secretary of Local 2958
before the Marshfield
Homes plant closed in November 2009. She was also
a fixture on the bargaining
committee and was a well
trained and experienced
job steward for all those
years. Barb Johnson,Treasurer of Local 2958, is pictured on the left.
up so you could keep going when you got
back to the plant.”
At age 62, Opelt is receiving a full pension,
taking a computer class (just to learn more)
and raising her three grandchildren. She’s
balancing a very busy life, just as she did
when working and serving the members of
Local 2958 for almost forty years.
The union is deeply appreciative of the
dedication and the leadership shown by
Jeanne Opelt. She was always ready to take
on one more task if it meant helping her fellow workers. Jeanne Opelt deserves a comfortable and fulfilling retirement because we
know it’s in her nature to make it a very busy
and active retirement.
The closing of the Marshfield Homes
plant is part of the story about the economic
meltdown in 2009. The company fell victim
to the housing bubble, the housing collapse
and the credit crunch which struck the entire nation. Heavy debt, combined with declines in orders for new homes, forced the
modular home builder into bankruptcy.
But Diane Rogers, a member of Local
2958, points out that Marshfield Homes also
contributed to their there own downfall by
failing to pare down a top heavy management team and becoming more cost efficient. Rogers recalls that the company hired
an independent consultant five or six years
ago and one of the recommendations was to
reduce the number of white collar managers. That never happened. In addition,
the company got caught up in the psychology of the boom years when credit was easy
and they took out too many loans. “Now the
workers are paying the price for some poor
management decisions,” commented
Rogers.
UNION REGISTER
8 • SPRING 2010
Understanding Local Union Dues
W
hen a member looks at his or her check each
month and notices the deductions for union
dues the question is hanging there — what is this
money used for? Local union dues are divided up between three different levels of the Carpenters union
but all of it is used to advance and represent the interests of UBC members.
INTERNATIONAL PER CAPITA TAX
The piece dedicated to the international Carpenters union, $7.00 per member per month, is used to
support the national office, but over the last several
years, that portion of dues (called the international
per capita tax) has been returned to the Carpenters
Industrial Council in the form of an organizing grant.
This grant has been used by the Council to reach out
and organize workers in industries already represented by CIC members. The CIC is extremely fortunate to have an international that embraces organizing in a way that’s progressive and forward thinking.
It’s tough to organize new members in this recession
economy against hostile anti-union companies but
the international has made a commitment that allows the Council to stay in the game.
CIC COUNCIL PER CAPITA TAX
The second piece of local union dues goes to the
Carpenters Industrial Council to support and assist local unions with the daily work of handling grievances,
managing their affairs, and leading contract negotiations with companies. Funds at the council level are
also used to provide education programs to local
unions, to do the local union dues process-
ing/membership record keeping that is required by the
Carpenters international and federal law and to handle
arbitration and legal cases that confront local unions
and members.The Council also has a convention fund
that helps local union delegates pay for attending
council and international conventions. And, importantly there is a fund to support members and their
families in the event of a strike — called a defense fund.
When the four regional industrial councils merged
in 2006 to form the CIC, each council had different
per capita tax formulas. They all came into the
merged CIC carrying their existing per capita tax with
them. So, members from the south contribute $11.20
per month while former eastern council members
contribute $13. Members in the midwest are on a
percentage formula — which is 0.75% times the individual’s wage rate on actual hours worked, up to a
forty hour per week maximum. And members in the
west pay varying rates based on their geographic
area. This is because when these area councils were
merged into the Western Council they maintained
their differing per capita rates. The average across
these areas is $14.02.
LOCAL UNION FUNDS
The third and final portion of dues remains in the
local union to support local union activities, elected
officers’ expenses for meetings and conferences, a local union meeting place and recreational activities for
the membership. Local funds also support training
so local officers can develop the skills necessary to
carry out their duties and have a more efficient, well
run and active local union.
Organization Chart for UBC and CIC
May 3, 2010
TO: ALL CIC LOCAL UNIONS AND REPRESENTATIVES
RE: 2010 Carpenters Industrial Council Special Convention
Dear Brothers and Sisters:
You are hereby notified that a SPECIAL CONVENTION OF THE
CARPENTERS INDUSTRIAL COUNCIL has been scheduled for
Thursday, August 19, 2010, at 3:30 pm. The starting time is subject to
change due to the length of the UBC Convention. The Convention will be
held at the Bally’s Hotel & Casino, 3655 Las Vegas Boulevard South, Las
Vegas, Nevada 89109.
SPECIAL BUSINESS
This is a SPECIAL CALL CIC CONVENTION and the only item of business on the agenda is to vote on a resolution to equalize the Council per
capita tax. A copy of the Resolution is included with this mailing.
HEADQUARTERS: The Carpenters Industrial Council convention headquarters will be at the Paris/Bally’s Hotel which is located at 3655 Las Vegas Boulevard South, Las Vegas, Nevada; Telephone 1-702-946-7000.
REPRESENTATION: In accordance with the By Laws of the Carpenters
Industrial Council, Local Unions shall be entitled to seat delegates as follows:
Membership
Delegates
Membership
Delegates
1 - 99
1
1000 - 1499
5
100 - 249
2
1500 - 1999
6
250 - 499
3
2000 - 2499
7
500 - 999
4
2500 - 2999
8
3000 or more
9
Based on the number of members reported in the UBC ULTRA system as
of March 31, 2010 your Local Union is entitled to ______delegates.
CREDENTIALS: A Delegate Credential Form is enclosed. The original
Credential should be signed and the Local Union seal affixed by the
Recording Secretary and returned to your Regional Office immediately,
BUT NOT LATER THAN June 11, 2010.
REGISTRATION: A duplicate copy of your Credential must be presented to the Credentials Committee on Sunday, August 15th from 7:30
am to 11:00 am at the CIC Industrial Caucus. For those Delegates arriving Wednesday, August 18th, registration will be Thursday August
19th at the UBC guest registration.
RESERVATIONS: The Carpenters Industrial Council has made arrangements for room reservations at the Paris/Bally’s Hotel & Casino. Room
and tax for delegates attending the Conventions will be paid by the Council. Room reservations for delegates will be made by the Council.
Alternates and guests may attend the Convention at the expense of their
Local Union and should make their own room reservations by contacting
the Paris/Bally’s Hotel directly at 1-888-266-5687. They can take advantage of our group rate by referencing the CIC group. Please do not make
reservations for alternates and/or guests until after July 5, 2010.
Is your mailing address current and correct?
It is important to let us know if the address shown on your Union Register should be
changed. If the label is incorrect, please complete the form below and return this form to
Union Register. If possible, attach the mailing label.
Local Union ___________________________________________________________
Member Name ________________________________________________________
Mailing Address _______________________________________________________
City, State, Zip_________________________________________________________
Clip and return this form to:
Union Register
12788 S.E. Stark Street, Portland, Oregon 97233
TRANSPORTATION: The Carpenters Industrial Council will pay for expenses (air fare or mileage) related to the delegates transportation to and
from the Conventions. Mileage may be paid provided it does not exceed
the cost of an airline ticket. Arrangements for air transportation will be
made through your Regional Council. Once the Council purchases a ticket
for you, any changes or cancellations costs will be the responsibility of you
or the Local Union.
LOST WAGES: The Local will be responsible for the actual payment of
lost wages to delegates, but the Council will reimburse Local Unions up
to $100.00 per day for each delegate (to a maximum of $500.00 per
delegate) while attending the Conventions. Reimbursement from the
Council to the Locals will occur after the Convention once actual attendance is verified.
PER DIEM: The Council pays $50.00 a day Per Diem to each delegate
attending the Conventions. If the Delegate does not attend the Convention, the Delegate must return the per diem check.
Or e-mail your address change to [email protected]
CONVENTION PLACE: The CIC Convention will be held at the Bally’s
Hotel.
NOTICE TO NEWS CORRESPONDENTS
Union Register is published quarterly, dated the second Friday. Deadline for acceptance
of photos or news items for the next edition July 9, 2010, is noon on Friday, June 11,
2010. All mail correspondence should be sent to: 12788 SE Stark Street, Portland,
Oregon 97233. FAX transmission is also available: FAX No. 503-228-0245.
Fraternally yours,
CARPENTERS INDUSTRIAL COUNCIL
MICHAEL H. PIETI
Executive Secretary Treasurer