Correspondence - Companies Sue Union Retirees to Cut Promised Health Benefits

Room 229, Customs House
2nd and Chestnut Streets
Philadelphia, PA. 19106
215 597 5183
215 597 5172

November 19, 20004

Ann L. Combs
Assistant Secretary
U. S. DOL EBSA
Room S 2524
200 Constitution Avenue NW
Washington, D.C. 20210

Dear Madam Secretary:

I have read a very disturbing article in the Wall Street Journal from November 10, 2004 entitled "Companies Sue Union Retirees to Cut Promised Health Benefits." This on its face is distressing but the quote from an unnamed Department of Labor spokesperson is absolutely ludicrous.

This quote was in reference to whether the retires can seek help from the Department and I assume it means EBSA. The quote is contained in this paragraph. "The retirees, by contrast, find themselves in a bind-unsure of their recourse and facing, as they age, the court system’s typical long waits for legal resolution. The U. S. Department of Labor is of little help. Retired workers 'aren't our constituents anymore', says a spokeswoman for the department."

Is this now the policy of the Department of Labor? If it is, what is the function of EBSA if not to monitor the Health and retirement funds of American workers? I find the quote to be outrageous!

I am also a vice president of the Pennsylvania State AFL-CIO and while I do not speak on behalf of the Department, I do find myself having to respond on behalf of my membership to the occasional complaint or questions asked by other unions in the state.

I am requesting that you repudiate the statement and provide clarification as to the function of EBSA in current times. This statement in the context of this article does a disservice to the hard working men and women of our agency and places a stain on the fine work of this agency for decades past.

If you have any questions, please contact me at the above address. I am attaching a copy of the article for your files.

Sincerely,




Jim Weyrauch
Executive Vice President

President's Column - Contracting Out

Contracting out by this Administration and this Congress is an ever moving target and most time makes little or no sense. Take for example the Airport Screening positions. In the aftermath of September 11, Congress and others berated the system and said that the “contractors” were too lax, poorly trained and some may have had criminal records. This was in response to the fact that terrorists got through the screening methods, were able to board four airplanes with “weapons” and take them over and crash two of them into the World Trade Center, a third into the Pentagon and only because of the heroic actions of the passengers, the fourth plane crashed into a field in Pennsylvania.

Congress then debated, cajoled and created a new federal agency, The Transportation Safety Administration. An agency was set up, a Director was appointed and the hiring process began. The screening process of the new federal employees was accomplished by contractors (possibly the same contractor who screened the non-federal employees previously) and the TSA was set up at all of the airports.

Airline passengers were x-rayed, screened, searched and “wanded” by the new federal employees. For the most part, there were few incidents of the screening not working, but this seemed to be more of equipment malfunction than employee error. The only “glitch” seemed to be that these federal employees wanted to be protected by the union and wanted to have the same protection under the Civil Service Reform as the other federal employees. This triggered a rash of “union busting” not seen since the early 1930s. Court cases, firings and a very hostile work environment, but the work went on almost flawlessly.

Now, Congress has authorized the Administration the use of “Contract screeners”. This is to give back to the same or similar private contractors the position of screening airport passengers, if the airport wants to use them. No one has declared that the federal system doesn’t work or that the private contractors can do a better or safer job. Just that airports can make the decision.

Then take the IRS, Congressional hearings were held because of the terrible methods of collecting the taxes with far-reaching and serious changes in providing a “gentler government” to the taxpayer. So now, with the gentler IRS tax scofflaws are rampant and Congress has now authorized private sector tax collectors to get the unpaid taxes from the beleaguered tax payer. A footnote, many of the defense contractors have a combined unpaid tax bill of 6 billion dollars. They are patriotic enough to get the work, but not patriotic enough to pay their share of taxes.

So, I can’t figure it out, in the two agencies mentioned, the work is being contracted out because the federal workers did exactly want Congress and the Administrating wanted them to do, efficiently and to the letter of the regulations. No mention of whether the contracting out will save money or is a worth-while endeavor, just seems to be contacting out for the sake of contracting out.

Speech at Secretary’s 2004 Awards Ceremony - Philadelphia

I have the pleasure of once again addressing the 91st Annual Secretary’s Awards Ceremony. I look forward to it and am honored that I am asked. We come to this place and time every year to honor those among us who have achieved or exceeded in the production of a worthwhile project that deserves recognition. And all of the honorees deserve it.

But I come to speak about those of us who are not receiving an award this year but deserve recognition just as well. Those of us who are what I like to call Everyday Heroes. Some of us do extraordinary things, like Sgt Brian Murphy, Shop Steward at the MSHA Pittsburgh Health Technology Center who just returned from serving a year in Iraq. My Everyday Hero!

Henry Welcome, the Baltimore OFCCP office shop steward who collects money, clothing, toiletries and anything else that is useful and helps to support two orphanages, three hospitals, one nursing home and the 24,000 Children of the Street in his native land of Honduras and in his spare time acts as an interpreter for Hispanic Immigrants in his neighborhood. My Everyday Hero!

We will be conducting a clothing drive for Henry’s kids in the Philadelphia area and we hope that you all will be as generous with this as you have in the past for other worthwhile charities.

And of course our beloved union sister Dahlia Tyson, who just lost her long and valiant fight against cancer. Dahlia, who for years provided care inspiration to others by how well she lived her life and taught us all on how to have dignity and purpose at the end. Dahlia, who even in her final days still found time to provide comfort and cheer to those who were having their own struggle with cancer, My Everyday Hero!

We will be raising money to send to Cancer Research in her name and anyone wishing to contribute can send the check or cash to Local 644 Charities and mark it for the Dahlia Tyson Fund.

And there are others, lots of others, all of you and the rest of the 1800 DOL employees in the Philadelphia region. . You, who make the Department of Labor work, who in some capacity or other aid in the completion of the mission of promoting the welfare of the American Worker. You, who by doing your job as efficiently and effectively made it possible for today’s honorees have that little extra that secured their Award.

It never ceases to amaze me how well we do our jobs, despite the changes in administrations and policy, despite the slings and arrows of those who don’t like big government. And they, the anti-government people, have been in every Administration since President Carter. I admire President Carter as a great American and Ex-President, but he ran on changing government, as have all the administrations including the present one. This has been the mantra of the past 14 congresses since and the myriad of Secretaries and Assistant Secretaries we have had to endure. They all had the plan, the policy and the vision. But the mission has never changed and we stayed the course and did our jobs effectively, but not quietly. I say not quietly because Local 644 and the NCFLL have always been there to be your voice to set the record straight.

All of these people run on about making government smaller, but because of outsourcing the number of people being paid by the federal government has grown. It is estimated that there is anywhere from 13 to 17 million people doing government work and being paid with government money of that number, only 2 million of them are us. The rest are contractors, and we can not estimate the correct number because Congress won’t pass the The Reporting, Accounting and Cost Act or TRAC. When outsourcing competition is handled fairly, government workers, the real government workers win the competition 89% of the time. So I am always amazed how well you do your jobs, work in your communities and help your fellow man. You, who helped Local 644 Charities raise and distribute over $30,000 to needy folks and worthwhile causes. Who, gave generously to the Children’s with Aids project for years, providing over 600 Easter Baskets each. My Everyday Heroes!

You work hard for your government and your country and neither this administration nor this Congress should eliminate the fairness and respect you deserve for a job well done. The proper culmination of this event should be that each of you contacts your Congressional representative and telling him or her that fact!

I take great pride in telling everyone that I am a federal worker, I work for the U.S. Department of Labor and we do a great job! Look around you and see the great people you get to work with everyday. You! You are my Everyday Heroes!

Thank you!