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.