President's Column - An administration that wants to gut all of the labor laws

In a speech before the Federalist Society on November 14, Labor Secretary Elaine L. Chao bragged that her Department's budget had been cut more than "any other Cabinet department in this Administration. As for her goals, she reiterated her plan to have Labor Department enforcement agencies beef up their compliance assistance activities; her intent to hold labor organizations more accountable for dues expenditures and handling of pension funds; and her commitment to reforming what she termed the Fair Labor Standards Act's "literally ancient" and "absurdly complex" white-collar exemptions.

The Labor Department is the only government agency entrusted with the laws governing the conditions and safety of America workers. The Fair Labor Standards Act, enacted in 1938, was to be a safety and health law to force companies to work employees on an 8 hour day. The FLSA has been turned into a law that governs how much overtime pay is paid to workers for working as many hours as the workers in 1938 or more. The average worker now works 60 hours or more a week.

Secretary Chao has a task force meeting with business interests on how to extend the FLSA to cover overtime only after 160 hours per month. Which would mean that employers could and would work employees as many hours per day or weeks they wished, without the penalty of paying overtime until those hours exceed the 160 hours per month, and would only be required to pay over time if the employees are not exempt for some other reason.

While this an affront to the Labor movement who have fought for the 8 hour day for over a hundred years, it could seriously affect the health of the workers. Countless studies have proven that long work hours over an extended period of time cause long-range health problems and accidents do happen. So it is more than just cheating of these employees, it could seriously affects their health.

In regard to the issue of "monitoring the unions," the Office of Labor Management Standards has been doing this since the passage of the Landrum Griffin Act. OLMS does it effectively, and does protects the union members. But I what of the corporate fraud that has gone on and cheated thousands of non-union workers of their pensions? This agency should be fully funded and ramped up for those frauds yet to surface.

There is the strong appearance that this Administration wants to gut all of the labor laws. This is predictable given the all effort the Labor Movement did in the 2000 and 2002 Elections to defeat the foes of worker protection. But why gut all the laws that protect the millions of workers not protected by labor contracts. After all, there are only 19 million workers in organized labor and millions of others. I understand anti-labor, but why anti-worker?

President's Column - Veterans Day 2002

Veterans Day is the time to honor heroes and we in the Labor movement have heroes that might not appear on everyone's list. Heroes like Senator Paul Wellstone and Labor Leader Tony Mazzocchi. The labor movement and working families lost these two giants in the past month and we are the lesser for it. They worked hard all of their too brief lives to provide the leadership and fostered legislation to protect working families and those in need of social justice.

Paul Wellstone, killed in a tragic airplane crash in October, was the representative in Washington, D.C. for grassroots economic and social justice. He was from Minnesota but everyone, no matter what state they lived, could count on Paul Wellstone to be their voice for justice and the conscience of the Senate. His life was devoted to making things better for those who were downtrodden, poor and he became that spokesman and leader. His was the lone voice in the Congress for progressive ideas and ideals. He learned to negotiate without compromising his ideals and principles. Both sides of the aisles respected him. While most did not agree with his politics, they all respected him as a man of principles.

Tony Mazzocchi was a progressive labor leader. Born in Brooklyn of Italian immigrants, his father a garment worker and an active union member. Tony's mother died of cancer was he was six and the family home had to be sold to pay the medical bills. An event that was the impetus for his avid support of a national health plan. His influence was felt in many movements, he was tireless worker for safety and health with the Oil, Chemical and Atomic worker. He, along with the United Steelworkers, was most responsible for passage of the OSHA Act.

Tony was a combat veteran at the Battle of Bulge and saw the horrors of the concentration camps; he was witness of man's inhumanity. In 1991 he co-founded the Labor Party Associates, with the idea that Labor should have its own party and not be tied to the parties that took workers for granted. His was a life-long struggle for equal rights, human rights and the dignity of the working man. He lost his valiant fight to pancreatic cancer on October 5, 2002. His statement at the 2002 Labor Party convention, " I am both afflicted with an incurable disease and blessed with an incurable optimism, It's been a god run."

I had the pleasure of meeting both of these heroes and working with them in a small way. It was both an honor and a privilege to be on the same planet with them. They shared vision and hope that life could be and should be better for all working people everywhere. Both had principles, neither took the easy way, only the right way...May their light shine forever to guide the rest of us in our daily struggle to make things better. Having known them makes me want to work a little harder and a little longer to carry on their work.

President's Column - Downsizing the Treasury Department's Bureau of Public Debt

The Bush Administration not only wants to contract out; they want to limit the ability to invest in the U. S. Government. There are plans to downsize the operations of the Treasury Department's Bureau of Public Debt (PBD). This proposed downsizing will severely curtail the proven, successful method of marketing savings bonds, a savings instrument held by more than 55 million Americans.

BPD told the National Treasury Union (NTEU) that is planning to substantially reduce the approximately 115 employees in its Savings Bond Marketing Office (SBMO) so that it can force customers to use the Internet to purchase savings bonds. This would reduce the bargaining unit to some 40 employees, and the number of staffed offices would be reduced to four.

SBMO employees are located in small one or two persons offices around the country, working with schools and community based organizations, and acting as liaisons with corporations and other employers in setting up and operating payroll savings bond programs. "For sixty years, the savings bond program has been the first step in savings for a great many Americans," said Colleen M. Kelley, President of NTEU, " and has been their introduction and gateway to other forms of savings and investing. This is a penny-wise and very foolish idea, and it should be dropped immediately."

"Ending SBMO's participation in various community partnership and cooperative programs, Kelly added, " Would significantly hurt efforts improve the financial knowledge and exposure to savings and disadvantaged Americans."

BPD is a key part of the national financial management system, both raising money for governmental functions and keeping strict track of the debt. It raises funds by selling hundreds of millions of dollars worth of debt instruments to the major securities dealers and financial institutions that rare regular customers at Treasury auctions-and by selling savings bonds to individuals.

Treasury's own calculation show that for every $1 billion borrowed through Series EE and Series I savings bonds, $17 million is saved in comparison to costs associated with marketable securities.

Approximately:

• 55 million Americans hold more than $190 billion worth of bonds
  
• 11 million people buy bonds each year.
  
• 40,00 employers offer the payroll savings plan to their employees
  
• 6 million employees buy bonds through the payroll savings where they work.
  
• $17 million is saved by the Treasury for every $1 billion of bonds sold, when comparing costs associated with marketable securities.

The Savings Bond program was instituted prior to World War II as a means to establish a unifying financial partnership with the American people through voluntary savings and to more constructively manage the public debt.

$8.6 billion worth of bonds were sold during the first nine months of FY 2002; this figure includes $5.9 billion of I bond sales and $2.7 billion of EE bonds sales. Series EE Bond sales include purchase of the "Patriot Bond". More than $2.13 billion worth of Patriot Bonds have been purchased since they were introduced on December 11, 2001.

With this history of accomplishment and the impressive numbers, you would think that this agency would be the centerpiece of the federal government, instead of being on the "chopping block;" but the Bush Administration seems to be in a "slash and burn" mode. If it's the government, it needs to be downsized, contracted out or eliminated, whether it's a good idea or not...

This is a program that works, is efficient and makes money for the federal government and more than justifies its existence.

President's Column - The gift that keeps on giving

The assault on the American taxpayer by Corporate America seems endless. Congress in its infinite wisdom has granted huge tax breaks to corporations just because they are. In addition, the Corporation who operates off shore obtains even bigger tax breaks. Now, to add insult to injury, The World Trade Organization ruled that the European Union could impose $4 billion in trade sanctions against the United States. This is a figure 20 times higher than any sanction in the past---because of the tax breaks given to U. S. Corporations operating abroad.

This cost, if paid, would be passed on to the taxpayer. The "foreign sales corporations" systems lets companies with a foreign presence, such as Boeing CO. and Microsoft Corp., to exempt between 15 percent and 30 percent of their export income from U.S. taxes. By doing that, the price of their goods are lowered and more competitive than foreign rivals.

Last year, the WTO ruled that it constituted an illegal subsidy. The tax break, coupled with a second benefit, not challenged by the European Union, is expected to save u. S. companies an estimated $4.8 billion this year. An WTO arbitrator ruled that the European Union was entitled to impose as much as $4 billion a year in trade sanctions, to make up for European business lost because of the U. S. law. Washington had claimed the figure should be less than $1 billion.

A question would arise - Does the United States make the same such claims for foreign corporations that operate in America? The irony of this corporate giveaway is that it appears that the American taxpayers pays for the original tax break and then would have to pay the European union monies for the lost business in their market by the companies which gave the tax breaks to and for. This is truly a gift that keeps on giving, and giving ... and giving...

President's Column - September 11th Anniversary

September 11th Anniversary

One year ago, today, all of us remember where we were when the Terrorist captured four airplanes and attacked American. We watched in horror as two planes hit the World Trade Towers and one other hit the Pentagon. While most of us could only watch in horror, in New York, hundreds of others ran for the Towers, they came by ambulance, pick-up trucks, fire trucks and running. Brave men and women headed to the holocaust in an attempt to save the thousands of people trapped in the burning and collapsing buildings. They ran up the stairs, clawing their way through thick smoke a fiery inferno and many lost their lives.

That dark day, one year ago, I lost 634 union brothers and sisters, for all of the rescue workers, police, firefighters and EMTs were all union members. Every rescue worker who ran for the Towers and the 634 who died in that attempt were from organized labor. Of that number 343 were unionized firefighters, 70 of who were through with their regular shifts and were technically off duty.

Hundreds of union construction workers left their paying jobs, ran to Ground Zero and immediately started the rescue and recovery work, working long 15 to 20 hours shifts for days. None of these union members asked who was going to pay or what were the benefits. The union contracts they all enjoyed never got in the way of the work that needed to be done.

So while today, we commemorate the 3000 American citizens that died on 9-11, I have a special place in my heart for the 634 sisters and brothers that were killed in the line of duty. Politicians praised them during the year and great oratory will happen all over the country today. Yet, isn't it ironical that in the Senate there is a heated debate as to whether federal employees of the newly created Department of Homeland Security should enjoy union rights, even 50,000 currently do prior to any transfer. The debates are going because the Administration believed union rights would get in the way of national security.

No one believed that of my 634 union sisters and brothers that gave their lives that fateful day one year ago. To suggest that now tarnishes their memory. I am sure they are in that "better place, singing "Solidarity forever with those other brave union members who died in struggles for human and union rights. And leading the group is that great union leader Mother Jones, who said, "Mourn the dead, but fight like hell for the living"

So I ask the Administration and the Congress - If you really want to preserve the memory of those brave first responders who gave their lives in service to their fellow man, don't give them phony praise, but let them know that you wish to preserve the right of workers to live in a country where union rights or for all… public or private sector.

Press Conference

I have the honor to represent the bargaining unit field employees of the U.S. Department of Labor. This includes the field inspectors of both OSHA and MSHA. We have had a union contract with the Department of Labor since 1940 and not once has that union contract hampered the mission of the Department. This would include the mine rescue efforts of MSHA, which culminated with the rescue of the nine trapped miners that President Bush praised at a recent photo opportunity.

Federal mine inspectors, members of AFGE and state inspectors, members of ASCME, all members of the mine rescue teams were ready to go into the Quecreek mine and bring up any injured miners that day, or to recover the bodies at great risk to their own bodies. These unionized federal inspectors are ready at a moment's notice to go anywhere in the world to lend their expertise and bravery to any mine disaster, building collapse or earthquake, which they have accomplished many times.

Hundreds of AFGE OSHA inspectors and MSHA mine rescue members volunteered and worked at Ground Zero, starting within hours of the planes hitting the Towers. Assisting in making the workplace as safe as possible during those harrowing hours and days of the attempts to save the living and sadly to recover bodies of the victims.

At that site, even as Towers were burning and collapsing, hundreds of union firemen, police, EMTs and construction crews were attempting to save lives. Every emergency worker that died that day was a member of organized labor. With their union card in their back pocket and union contract in their breast pocket they ran up the steps of the Towers to save lives and lost their own. President Bush praised their sacrifice on the days and months following 9/11 but on the eve of the anniversary of that sacrifice, presidential union busting tarnishes their memory.

Who can forget the pictures of the Pentagon burning, the vivid picture of Congress running out of the Capitol to save the government, while at the Pentagon, brave military personnel and unionized government employees running to the building to save government workers.

Today, as we are here, the Vice President is in an undisclosed location. But we know where our union members are. They are at every government building, State County or federal. At every American monument, guarding our borders, our prisons, our national parks and our way of life. Do we care about national security? You bet we do, that’s what we do everyday.

Unionized federal employees - from border patrol agents and transit police to civilian workers in the Department of Defense - work hard every day to protect the freedoms Americans hold dear. All we ask is that we live in a country that protects our union rights as well.

Labor Day Message - Honor our Dedicated Federal Employees

It is ironic that we celebrate Labor Day just six days before the first anniversary of September 11, where 431 brave union men and women died trying to save the 3000 trapped victims of the attack on the World Trade Center. Members of AFGE were among the federal workers at the Pentagon. Heroes Everyday, and we should remember them on this Labor Day.

We should also remember the sacrifices of all those who came before us and provided the opportunity to belong to this great union and proudly serve the America public everyday. Unionized members and those who are under AFGE Collective Bargaining Agreements have never shirked their duties to the national security or against the public interest. AFGE is celebrating its 70th year and Local 644 its 62nd. We have a proud history of service to our members, the working men and women, and the public interest.

Members of AFGE Council 73, the National Council of Labor Locals of which Local 644 is one of AFGE Locals, has worked in the public interest and tirelessly for working America for 40 years. Members of this Local and this Council work each day to promote the welfare of working families and to protect the workers in their daily lives. Members of Local 2502 and 644, MSHA mine rescue team were at the Quecreek Mine in Pa, and saved the nine miners. Members of Local 3384 and MSHA mine rescue team were at the Jim Walter Mine in Alabama where they tried courageously to save the 13 miners who died in the explosion there last year.

Hundreds of OSHA inspectors from all of the Locals spent days and months at the World Trade Center, exposing themselves to harmful conditions to provide as safe and environment for the rescue workers that was possible. In all of these events, not one union member of the NCFLL shirked their duty and went beyond to serve. They were union, they federal workers, they were Americans and they were Heroes Everyday. Their union rights did not get in the way of their obligations to the job and their fellow working Americans. Their unionism strengthens their resolve to do the work in the public interest.

President Bush praised the work of federal, state and county rescue workers at Quecreek Mine in a photo opportunity with the nine rescued workers. Stating that it showed the best of America, the efforts of the working men and women of America. Then he asked that the union rights of the 170,000 federal employees of the new Homeland Security Department be suspended, because the Department needs flexibility to hire, fire and reassign staff. When the Administration was asked to cite one instance anywhere that a union contract got in the way of the Border Patrol, Customs Service or any other of the federal agencies who will transfer into the newly created Department, none could be cited.

This attack on the union rights of federal employees in this Department is an attack on all of us in the federal sector and ultimately an attack on all unions in the country. Of the 170, 000 potential workers in DHS, 50,000 are represented by AFGE. If the Administration gets away with this, we will be next… and even those who are not union members will be affected. Every bargaining unit employee whether a union member or not benefits by the union contract. This will end.

The best way to celebrate Labor Day is first of all being at your local area Labor Day parade and celebration and secondly by contacting your Senator and telling them that you are a constituent and you would like them to "to oppose any efforts to change the provision in the Senate Homeland Security Bill that protect civil service and collective bargaining rights for federal employees who are transferred into the new Department." Go on further to say, " Congress won’t make America more secure by undermining the rights and freedoms we are fighting to protect. We should honor our dedicated federal employees. We shouldn’t discredit them and take away their rights."

President's Column - Who do you trust?

Congress and the Administration just don't get it, or they choose not to, because of contributions of business interests to their campaigns. Each week a new corporate scandal comes to light. These fraudulent and illegal business dealings have cheated thousands of workers and stockholders, and generated a lack of trust in the stock market. These are some of the same corporations that the proponents of privatization want to invest the Social Security Trust Fund.

Recently, there has been an announcement of fraud in a Forbes 500 Corporation at the rate of one per week. If the Bush Administration's newer and tougher policy of corporate investigation is true, this number could increase at an alarming level. It appears to be more of a normal operation of doing business, rather than a few "bad apples." I don't profess to understand the inner workings or subtleties of big business, but these well respected companies either under reported losses or over reported profits. Either way the CEOs and other Board members and officers made huge gains on the stock options while the stockholders and workers were left holding the bag.

If this is a fact of life, why would we want our pensions (yes, they want to go after federal employees pensions also) and our Social Security being handled by or the money invested in such companies. It's like the old Johnny Carson TV quiz show, "WHO DO YOU TRUST?"

Social Security has been working fine for 60 years and the main reason that it might run out of money is that more and more people are using it. Isn't that an odd circumstance? People are living longer and collecting their Social Security.

Analysts are divided on if it will run of money and when it might run of money. Some say that if it remained fully funded, it may never go bankrupt. But surely privatizing the Trust is not the answer. Investing the Trust fund into private stocks in this declining and untrustworthy economy would be disastrous. And finding, in the present arena, a company that is trustworthy is almost impossible.

Clearly, we need to let our Senators and Representatives know that we do not wish them to change Social Security and surely not our federal pension. I am sure they are not voting to invest their own... "not in this economy!"

President's Column - Secretary Chao and "Employee Bashing"

Secretary of Labor Elaine Chao's staff does not serve her well or she doesn't have a clue as to what is the current policy of her Department. In a speech on June 14, 2002, before the National Federation of Independent Businesses (NFIB), she remarked that, "her vision for the Department was a change in culture and attitude." She went on to criticize the Department for not giving employers the tools and knowledge to comply with the regulations. Chao says she will correct this is to creating a new job description, "that would require them to help you." Secretary Chao should have checked, or had her staff check, with the Agency heads to find out that this is already a major portion of the position description of every DOL employee.

Under previous Secretaries of Labor, Reich and Herman, every agency went through an extensive reinvention and restructuring to become more "customer oriented" and the customer was the employers of America. So Chao's remarks regarding DOL employees are both disingenuous and incorrect. Each of the agency both in the national office and field offices, provides compliance assistance for every program. There are DOL employees who perform these tasks full time, by mail, phone, email and presentations to business and labor groups.

In addition, there is the Office of Small Business Programs that operates directly out of the Secretary of Labor's Office that provides specific information to small businesses. Its mission is to: "administer the Department's mandated responsibilities for ensuring that small businesses and minority institutions have fair opportunity to participate in DOL acquisition activities. Pursuant to Executive Orders, OSBP manages DOL's programs for historically Black, Hispanic and minority colleges and universities. OSBP serves as the DOL clearinghouses for compliance guides for small businesses and central referral point on DOL mall entity compliance programs, with related responsibilities regarding compliance assistance mandated by the Small Business Regulatory Enforcement Fairness Act." This office is on the DOL webpage and provides a Small Business Handbook that provides compliance assistance for all DOL regulations.

Further on in her speech, Chao criticizes the Department for not being fair to the employers by expecting the business to know the rules and regulations without any decent help from the people who write them, promulgate them and penalize the business for not abiding by them - and that from now on, all the rulebooks will be available to the employers. If her staff had checked, they would have found that the OSHA rules books are available and have been for many years. In the real world, the NFIB, the group she was speaking to, has a full time staff that interprets the rules for its members.

What is most disingenuous is when Secretary Chao remarked that the new job descriptions for the DOL employee will 'forbid' these employees from referring you for investigation just because someone asked a question. This is blatantly untrue, and has never been a policy of any agency. No agency would do that because of the volume of questions posed. Voluntary compliance with OSHA and other agencies has been in place since the 1980s. There are not enough inspectors to go to all of the places where workplace problems exist so priority is given to the worst place on a randomly prepared list. This is a result of a court actions. So, to say that a telephone call would trigger an investigation is false and demeaning.

Secretary Chao's comments regarding phone calls did not address the fact that most agencies, except for OSHA and PWBA (and this is changing) have 800 number where questions are answered by "contractors." She should have said that the Department's efforts have come back to haunt it. These "800 number contractors" do not have the expertise to answer most questions and they if they cannot answer the question they give out wrong information.

Secretary Chao's efforts may be improved but they are not new. Under Secretaries Reich and Herman the Department of Labor, agency by agency, evolved in providing customer service The regulations and rules have been available both online and in printed format to employees and employers alike. The reason it might take weeks to get a book of regulations is because budget cuts severely curtailed or eliminated the printing of free copies available to the public.

Secretary Chao's speech was clearly "employee bashing" in the guise of how this Administration has made improvements. It is the right of the current Administration to take credit for being kinder and gentler to small business, but it should be factually correct. We, at the Department, have always been responsible and responsive in fulfilling the mission of the agency we work for and the Department on the whole. The employees have enforced the laws mandated by Congress in the manner of the Administration that is in power. The policy is set by the Administration not the employees and it is disingenuous to say otherwise. It is ironic that Secretary Chao speaks on being more responsive to business when her management officials measure performance by the number of inspections and penalties.

Secretary Chao should have a meeting with her agency heads to find out just what is being accomplished before she is sent out to speak on the "change in culture and attitude." This administration has been in power for 17 months... we can't blame it all on the Clinton team.

Speech at Secretary’s 2002 Awards Ceremony - Philadelphia

SPEECH FOR 89TH ANNUAL SECRETARY'S HONORS AWARDS CEREMONY

Philadelphia, Pennsylvania

Good Morning.

I am very happy, and proud, to be here and having the opportunity to say a few words at this great ceremony. I am especially proud to be here to honor Bill Brown for his valor.

Bill Brown is a good MSHA inspector, a good union brother and a very good shop steward for Local 644. Bill is a quiet unassuming man who just does his job. What we in the Labor movement call an Everyday Hero. A HERO EVERYDAY. Those of who know Bill are not surprised by this heroic act; in fact we expect it of him. The union knew about this a year ago, but he asked us not to make a deal about it. He just did what he had to do ... A HERO EVERYDAY.

Bill goes into coalmines at some risk to his life to protect the mineworker ... a HERO EVERYDAY. Not unlike the rescue workers at the World Trade Center who were honored in the video, HEROES EVERYDAY. Men and women, all of which were members of the American Labor movement who died on September 11 in a valiant effort to save lives. Yes, all of the rescue workers were union members, HEROES EVERYDAY.

On September 11, we witnessed the American Labor movement run to the Towers to save lives and on September 12, we witnessed American Big Business run for the offshore to save their investments. While not as well documented, those of who saw the attack on the Pentagon marveled at the fact that federal workers and military who have gotten to safety saw some fellow workers in trouble and ran back to the Pentagon to attempt to save lives. Yes, we saw public workers run back to the Pentagon and heard about public official who just ran to "undisclosed locations." Federal workers ... HEROES EVERYDAY

At Ground zero, construction workers, rescue workers came, even though the buildings were still burning, debris falling, white ash raining down. They came in fire trucks, ambulances, and on construction cranes to save lives... American workers... HEROES EVERYDAY. So many members of the American labor movement showed up at Ground Zero that by the evening of the 11th there were more volunteers than they could use. American Workers ... HEROES EVERYDAY.

Hundreds of OSHA inspectors volunteered to go to Ground Zero to help in anyway they could. American workers ... HEROES EVERYDAY.

We celebrate the heroism of those American workers. All who gave some, some who gave all. We take pride in their sacrifice, proudly displaying our flags and our patriotism. But we at the Department of Labor have a unique opportunity to remember the American worker. Those who built this country, fought its wars and gave at the World Trade Center and the Pentagon ... those Everyday heroes who want their families to have a decent life, want all workers, union or not to have good working conditions and dignity and pride.

We can enforce the labor laws that the American Labor movement fought for to get the past 100 years ... to enforce the minimum wage, overtime and safety laws, to provide the training and opportunities for minorities and women. Just to enforce the regulations as Congress intended when the labor laws were enacted, not make it easier for big business. Big business did not show up on 9-11, no limos drove into Ground Zero.

If we want to honor those Everyday Heroes, then we need to keep faith with the American worker. Everyone in this room can honor Bill Brown and all of the courageous American workers of 9-11 by doing our utmost to protect the American worker ... HEROES EVERYDAY!

Thank you and God Bless America!