Thursday, November 08, 2007

President's Column - Insecurity At The Department of Homeland Security

The employees of the Department of Homeland Security were dealt yet another deadly blow by the Bush Administration. The Merit Systems Protection Board (MSPB) in concert with the management of DHS has issued less forgiving rules for adjudicating employees appeals of actions taken against them by the sprawling department’s management. This speaks to MSPB not being the independent agency it has been since 1978 and as well as other agencies become a tool of the Administration.

MSPB has jurisdiction to decide many disputes between employees and their employers, including overruling management’s findings and reducing punishments, which include reprimands, suspension and removals. Somehow in the process of these new rules MSPB has agreed to lose its present power to lessen management imposed-punishment, even if the Board found a penalty unreasonable. It has also agreed to dramatically reduce the time permitted for affected employees to file an appeal from the 30 days that other federal employees have to a 20 day period. And in another change, employees would not be guaranteed a hearing if there were no dispute on the factual basis for the case and would grant the agency a summary judgment. This coupled with the fight over whether most of the agency has the right to collective bargaining provides scant if any protection for federal employees in DHS.

The Department of Homeland Security is a behemoth federal Department with over 180,000 employees from many diverse law enforcement agencies, such as the Immigration and Customs Enforcement; Border Patrol; Immigration and Naturalization, etc. It was created, after turf battles with Congress in the wake of 9-11 to deal with the apparent lack of a cohesive response and apparent inability to forecast the terrorist attack on the U.S. Senator Joe Lieberman, then a Democrat, had suggested an overarching agency to coordinate the response and coordinate the sharing of information, it was initially rejected by the Bush Administration.

Then apparently, the Administration that it was an opportunity to re-organize the agencies; provide for a Czar in a Cabinet position to report directly to the President and provide many opportunities alter how the government did business. It has provided an onslaught of contracting out to security consulting firms and corporations that provide security products. Now, the Senate is looking at the DHS dependence on contractors as a problem.

The biggest opportunity in the reorganization was the opportunity to either eliminate labor unions or greatly decrease their effectiveness. The Administration proposed the same broad reorganization for the Department of Defense and working on a dual track attempted to implement new personnel rules. Federal unions have resisted and have taken the Administration in both Departments through the Administrative Process and to the Courts. It has resulted in a shaky stalemate with each side winning points and not much organization

There is no evidence that federal employees working under a Labor Agreement have not fulfilled their mission, in a timely and professional manner. Federal law enforcement officers have been under labor agreements for over 40 years and no evidence can be provided that a union contract or provision has hampered the mission in the Border Patrol, Customs or any other law enforcement agency.

Evidence by the score has shown just the opposite, the dedicated employees in these agencies have always responded quickly and professionally to any emergency anywhere or anytime it has occurred. No government official testifying in Congressional hearings has been able to illustrate that point. The arguments to the contrary are usually anti union Congressional members in passing or that it could happen.

The response to 9-11 at the World Trade Center demonstrated how dedicated union folks are to their mission. Most of these first responders who died at that hallowed place were unionized firemen, police, transit workers, and Emergency Medical teams. And doesn’t remember those unionized construction workers who rushed by the hundreds to Ground Zero and risked life and limb to rescue and recover. Those who didn’t die that on that fateful day suffer long-term health effects.

The bargaining unit employees of DHS are dedicated, committed professional employees who deserve to be treated with respect for the work they accomplish on behalf of this country. They should have the right to collective bargaining and a means to redress any disputes that may arise. They are concerned about their working conditions and their ability to be able to function without the fear that they have no redress for conditions created by overzealous management actions.
Those federal workers deserve the right to be able to do their job like any other federal employee, a with same protections of collective bargaining and an independent third party to settle any disputes they may arise. To do less threatens their security.

Friday, August 24, 2007

Remembrance of Gary Jensen by Jim Weyrauch

HE ANSWERED THE CALL

The mountain rumbled and 1800 feet underground coal bumped filling the cavity and the rescuers became the trapped. Franticly the rest of the team dug into the rumble sometimes barehanded. This was the third incident that resulted in collapse and bumping in this dangerous mine. When they were freed, three were fatally injured and six others severely injured. This incident happened while these brave men were attempting to free six miners trapped in the Crandell Canyon Coal Mine. One of the dead heroes was Gary Jensen, an employee of the Mine Safety and Health Administration and a member of AFGE Local 3416. Gary was one of the MSHA personnel who were summoned to aid in the rescue. When the summons came, Gary donned his gear, gathered his equipment, and went to that dangerous place. He answered the call!

Gary Jensen worked in the mining industry for over 30 years primarily as a safety officer with special emphasis on mine rescue. He brought this expertise to MSHA when he was hired a year ago. He joined the union AFGE Local 3416 immediately, even though there was no legal obligation to do so. His union membership was never in conflict with his duty as a federal employee who worked in a dangerous industry. When the word came that six miners were trapped in that mine. He answered the call!

Gary like the hundreds of other dedicated MSHA personnel did his job efficiently and effectively every day within the framework of MSHA regulations and under the DOL/NCFLL Collective Bargaining Agreement. Most of those MSHA employees are members, but all are covered and there is no is no conflict with the mission of MSHA, providing for the safety and welfare of the American miner. Gary knew his job, knew that he was needed and when the alarm was sounded he answered the call!

In that same accident, another mine inspector, Frank Marosek, also a member of AFGE Local 3416 was critically injured. Frank sustained two breaks in one of his legs; a broken tailbone; three broken ribs and a severely damaged eye socket. Frank got the same word, miners are trapped buried 1800 feet underground in mine that engages in the most dangerous mining process known to man, retreat mining. A process not permitted in most other coal states because of the inherent hazard of removing all of the coal, leaving no supports and retreating out of the mine. This is considered high risk even without any seismic activity. Everyone knew the extreme risks of going in that mine. Miners were buried, but Gary, Frank and the other MSHA personnel got the word and they answered the call.

Since 1911 when inspection of coal mines became a federal responsibility 16 federal employees have been killed in the line of duty. Eleven of these fatally injured inspectors were killed during mine operations or rescue missions. To a man they gave their all for their fellow man. Miners were trapped, the federal personnel had the expertise, knew the risks, understood what was necessary and they answered the call!
And tomorrow, even as we mourn the loss of our fallen union brother we knew that the brave and dedicated men and women in MSHA are prepared to do what is necessary. If another alarm is sounded, they will answer the call!

Like the 311 unionized rescue workers at the World Trade Center, the firefighters, police, EMTs and others who gave their all at the World Trade Center on 9-11 our MSHA personnel will rush to the aid of those in need. Union membership is about solidarity and helping others in a time of need. Union membership fosters dedication and being there with your expertise and going to the danger, no matter what the odds, no matter what the problem, if the alarm is sounded, they will answer the call!

So to those members of Congress who railed against unions and how a union contract would keep federal employees from doing the job necessary in time of danger and then voted to deny the employees of TSA the right to a union, think of Gary Jensen, Frank Marosek, all of the MSHA personnel over the years who ran to the mine disaster. Think of those 311 unionized worker who die in a valiant effort to save lives at the World Trade Center on 9-11. Think about the hundreds of construction workers who ran to the towers and despite the dangers began the process of trying to rescue the trapped under “The Pile”. They answered the call!

There has never been one reported incident where a federal police officer, Border Patrol or Customs agent , firefighter, EMT that ran away from danger, unionized or not. In all cases, when the danger arose they answered the call!

If Congress and the government want to honor the memory of Gary who gave his all and Frank who will suffer for many years for their devotion to duty, think again about how union membership was no bar or determent for them to do their job. Honor them by permitting federal employees the right to freely join the union. Gary and Frank belonged to the union and had the commitment to help those in a very dangerous situation. They knew what was needed and answered the call!

Tuesday, August 21, 2007

President's Column - Unions, The Last Democracy?

I have been a member in good standing in the labor movement for over 56 years and I can state with moral certainty that unions are democratic. That is not to say that there has not been corrupt labor leaders, but the guiding principles of unionism are democratic. Manipulative men with the mute acquiescence of the membership can corrupt any organization.

Labor unions are a collective, a group of workers sharing a community of interests. Those interests are good wages and benefits in a safe working environment and a method of redress for problems that might arise in those interests. Unions are formed and created by the most democratic process in existence an election of the workers in that facility. An International union is a conglomeration of many local unions with the same community of interest. This could be a master contract with one large employer or many employers in the same industry or just a group of local unions, which come under a generic umbrella of an international union. One size does not fit all anymore due to the many mergers of unions, even with diverse industries but for the strength it musters.

Officers of unions are elected not appointed, there is more direct democracy at the local level, because the membership of that local votes directly. In the case of international officers that is accomplished in two ways, some unions have direct mail balloting or the officers are elected at a convention by the delegates elected by local unions. These delegates would vote
the will of the membership of the Local union because they are elected at that level and subject to losing in the next Local election.. One can only believe Local union delegates vote the will of their membership. But at all levels it is by election that the leadership are selected for offices.

In most cases, the bargaining agreement that governs the working conditions and rules of the road for a local union is bargained by Local leadership and the issues of the agreement are discussed with the membership at Local union meetings and voted on at various stages of the process. The marching orders for the bargaining team are dictated by the rank and file, guidance is provided by the Local Executive Board with the concurrence of the membership. Good bargaining is governed by the membership being in agreement with the bargaining team, companies are more willing to bargain in good faith if it is known the rank and file are behind what proposals are put on the table and the union team has the full authority of the membership. If management knows the union has the authority to walk out, they are more prone to stay at the table and come up with a fair agreement.


After the agreement is signed in principle, with the knowledge that the union must get the approval of the rank and file to approve, the tentative agreement is presented to the membership and discussed fully. This is accomplished either at a union meeting or by mail after the explanation and voted up or down. The outcome is what is the majority rule of those who vote, which in most cases is not the majority of members. In many instances very few vote for the contract or even attend meetings.

Union leadership cannot call a strike without the approval of the rank and file. The membership must vote to strike and it is again an election of the majority of those who take the time to attend the meeting, listen to the issues and vote up or down to authorize the walkout. And sadly, many members will not take the time to find out the issues and vote. And these are the same ones who complain about the leadership and the authorization for the strike.

Once the strike is on, it can only be called off by the vote of the membership after the settlement of the issues that triggered the walkout. Union leaders must provide the guidance to the rank and file so they may make informed decisions. But it is the rank and file who ultimately run the union, leaders only guide the operations of how it is accomplished, and serve at the will of the membership at all times.

Unions are democratic and that presents unique situations, apathy is problematic in the labor movement. Any union that can get 10% of members attending monthly meetings and get out a vote of 50% in an election is considered doing well. In my local union elections, held by mail ballot sent to the members home usually achieves less than a 40 percent return.

Anti union advocates try and sell the idea that the Employee Free Choice Act, the legislation that would provide workers with the opportunity to vote for union membership in a more expedited manner , would take away the secret ballot. Nothing can be further from the truth, the existing law provides that a majority of workers must sign a card requesting a vote on union membership, the union must attain 51% of the workers for such an election. Then there is after a long period, an election monitored by the National Labor Relations Board. The bar then is for a majority of the workers to vote yes . In the intervening time workers are harassed, lobbied and bombarded by literature against the union membership. Union friendly workers may be fired for “other reasons”. It is a long drawn out and painful process. The Free Choice Act would shorten the process by having an election by the signing of the cards, if the majority of the workes votes yes, then they have a right to form the union. It is fairer to both sides of the issue, because it places the onus of the union to get a majority of all the workers to sign up
The opponents to unions can’t deal with a level playing field and are rightfully concerned that the workers will vote yes in a democratic and expedited process.

We should allow democracy to work where it has always worked in the American Labor Movement.

Wednesday, June 13, 2007

Speech at Secretary’s 2007 Awards Ceremony - Philadelphia

It is an honor to speak again at the annual Secretary’s Awards Ceremony. My orders as usual were to usual to make “favorable remarks for no more than three minutes. I usually speak longer and this year it will be very hard to have favorable remarks about the Department of Labor.

I congratulate those winning the awards, and celebrate the opportunity to be with people I really like and admire. But my heart is heavy with the impending loss of some of our co-workers, losing their jobs to the philosophy of government for sale to the highest bidder and no matter the cost in shoddy service and impacted lives. But we did achieve Green!

As we enter into the 7th year of this Administration’s Reign of Error, where the new catch phrase is “oops”, contracting out and outsourcing has turned the work of DOL into what the French call “Merde! DOL employees spend most of their time trying to get travel vouchers processed, bills paid and basic services accomplished by unseen contractors utilizing electronic systems that don’t work and wasting millions of dollars in tax monies. Time better spent in servicing the American worker. But we did achieve Green!

The loss of close to 400 DOL employees in the latest round of A-76 competitions is just the latest string of administrative errors and lack of due diligence. Amid outcries of shoddy handling of the how the data of work was handled through the awarding of the contracts, DOL forged ahead without due diligence permitting the same contractor to perform both the Performance Work Study and the Most Efficient Organization study. Onto awarding the competition without verifying whether the winning contractor was in compliance with federal laws, even those that DOL is charged in enforcing as well as those articles in the NCFLL bargaining agreement. But we did achieve Green!

Management explained to those who are impacted that it was not the jobs that were bid on just the functions of those jobs. This provides little solace to people whose names appeared on a list doing the same functions as others who names weren’t on the list and who are facing a Reduction in Force, the government nice word for being laid off. Of course, the function got very easy to bid on when on the technical functions were taken out of the work-study. Those functions that remained became merely clerical and were not inherently governmental. So DOL lost the competition and almost 400 of our co-workers from across the country and the national office will leave us. But we achieve Green!

I would say more but I don’t want to dampen the celebration of the achievements of those who are being awarded today. Congratulations to the winners, you deserve the award. To the rest of you, those not receiving an award and especially those who may be impacted by the loss of function, all I can offer you is the undying gratitude of a beat old union representative who thanks you for your years of dedicated service to the American worker. I have always been honored that you permitted me to speak on your behalf at the bargaining table, in the House of Labor and in the Halls of Congress.

My work was easy, all I had to do was remind people that I represented Department of Labor employees; your work always spoke for itself. I got to stand in the spotlight while you provided beacon. I thank you, on behalf of organized labor and the millions of other workers who make America work. Your hard work provided the security of their pensions, the guarantees of their wages and benefits and a safe and healthful workplace. Your hard work provided training and opportunity for the young and minorities and retraining for those who lost their jobs to “downsizing” or outsourcing. Your impact on what makes America work is profound. Those of you who are leaving, you made a difference, for those of us who remain we will attempt to carry on in the best traditions of the example you set for us.

As I said to anyone I ever had the opportunity to meet, I was proud to use the NCFLL slogan “WHERE AMERICA WORKS WE’RE WORKING FOR YOU. You have my solemn promise I will never let anyone forget your service and dedication. I will continue singing your praises and letting everyone know of your dedication to duty. I will continue to fight to retain every job and every function in the Department of Labor as long as I have the strength and the breath, Never again will we achieve Green on the backs of DOL employees.

Thank you and God Bless!.