Stewards Corner: Health & Safety Basics

The editor of Stage Call, Sister Cowan, asked me to provide something on this topic, and so I will attempt to bring out some details that are not only beneficial to 205 Stewards but to the membership in general. Some of this info I have presented on our stewards/discuss web site in the past. I would also like to explore some fine points in greater detail.

Last year, several Local 205 officers & members attended the IATSE Training Trust general entertainment safety class. The instructor was Kent Jorgensen, a name you see quite often in the IA Bulletin. Upon completion of the class, we received our IA Safety Officers’ certification cards along with completion cards for attending the10-hour OSHA general industry safety & health training course. What follows is the curriculum from that training session:

First, there is only what can be described as a confusing “patchwork” of laws and agencies that govern workplace health & safety matters. However, they are all very important. Why?  Because there are six-thousand American workers killed on the job each year. Accidents occur, but far too many deaths are unnecessary and preventable. The best known health & safety law is OSHA, the Occupational Safety & Health Act.  It is administered by the Department of Labor’s Occupational Safety and Health Administration. Half the states administer their own federally approved programs for public sector employees. Not for us. In Texas our first line of defense is OSHA. Also, the Environmental Protection Agency plays a role in oversight. There are many different sources for these rights and responsibilities in this area, but the general standards and principles apply across the board. They cover things like temperature, air quality, lighting and cleanliness in the workplace, exposure to hazardous substances, electrical guidelines, carbon monoxide exposure, noise levels, back injuries, scaffolding hazards, fall protection, stress-level reduction, personal protection equipment requirements. This includes respirators, safety goggles, hard hats, harnesses, gloves, ear plugs, and the like. FYI, lifting injuries are the single largest Workers Compensation expense in North America.

Federal OSHA law says employers have a “general duty” to provide a workplace free from recognized hazards that are “likely to cause death or serious physical harm.” This is referred to as: the General duty clause (Section 5 of the OSHA, public Law 91-596).

According to the Fair Labor Standards Act, it is required by law that employers display the official OSHA poster that describes everyone’s rights and responsibilities under the law. Your steward can answer your questions or will know where to go to find someone more knowledgeable. Once again, I have asked the e-board to put in place a Health & Safety committee, which would mean there is a knowledgeable group of individuals to deal with these concerns. They would help to insure that no possible hazard is taken for granted. Most of our employers are just as concerned about preventing on-the-job injury. For those that aren’t, this committee could help to “push” and persuade employers to take corrective action. It would benefit us all if some members took on the task of learning about this highly technical area. You don’t have to become an expert overnight. Just commit to begin this journey of learning and help provide security & protection that safeguards our members. One great source for learning is COSH. It’s a national network of twenty-five union-based Coalitions on Occupational Safety & Health. It’s website is: <www.coshnetwork.org>. The New York website of COSH is packed with a lot of good information.

The National Institute for Occupational Health & Saftey (NIOSH), an arm of the federal Center for Disease Control and Prevention, is also a good resource. They are part of the Dept. of Health & Human Services. They are at:  <cdc.gov/niosh>

It is almost always best to work through your union, but individuals have the right to contact OSHA if they feel the employer is negligent. You can get answers about your rights or how to file a formal complaint requesting an inspection about hazardous conditions. It is possible to do this and have your name withheld from the employer. You have some legal protections against reprisal if you exercise any of your legitimate rights. Again, my advice is to work through your union and get the full benefit of the power of the Bargaining Unit. Strength in numbers. And always remember that it’s the employer’s legal responsibility to keep your job safe and healthful.

You also have the right to information. Your employer is required to maintain and keep available for inspection certain types of documents. This also applies to the agencies who administer the laws. Documents you can obtain include:

*The Log and Summary of Occupational Injuries, known as OSHA Form 200. Your employer is required to keep these records for five years.

*Copies of the standards, rules, regulations, and requirements that apply to your workplace. This includes the OSH Act itself.

*Information on workplace health & safety incidents as well as the relevant medical records about on-the-job injuries. Plus information as to what measures the employer is taking to reduce improper or dangerous job-related injuries.

Under OSHA and NLRA guidelines, you and your coworkers may refuse unsafe work under certain conditions. Be careful though. You must have a “reasonable” belief that there is imminent danger of death or serious injury. You will strengthen your legal position if you notify your supervisor before stopping work.  Also, alert the union and your co-workers beforehand to enlist their help for collective action. IMPORTANT: You’re best off if you don’t refuse the assignment outright; instead, say you will do the job, once it is made safe.

Occupational Health & Safety hazards can be found in every type of work setting. Because they are sometimes hard to detect, many threats go unnoticed until they become extremely dangerous. In some cases they can be fatal. Just recently we heard of a fall at the Super Bowl that resulted in a death. This caused sorrow for all of us working in this trade. It is critical that we all stay vigilant in observing our surroundings. Because in the end, no law, no power, can protect us without informed, aggressive self-defense.

Work Safe, Work UNION PROUD!

Jim Ford
Stewards’ Committee
IATSE Local 205
Austin, Texas

Stewards Corner: Pushing Back

”Today, we say that when you pick a fight with any of us, you pick a fight with all of us! And that when you push us, we will push back!”

-speech by Richard Trumka, secretary-treasurer, AFL-CIO, 10/26/1995

The American Labor Movement has progressed slowly and painfully through the last century. From this effort there have been many successful gains for the American worker. Perhaps the most significant would be the cornerstone of US labor law, the National Labor Relations Act (NLRA), sometimes called the Wagner Act. Here’s a short chronicle of events leading up to it being enacted by Congress. Before the passage of the NLRA in 1936, employers were free to spy on, interrogate, discipline, fire, and blacklist union members. During the Great Depression workers engaged in general strikes. On numerous fronts and workplaces they battled police and private security forces. They had next to no rights or privileges insured by law. After much effort by organized labor, benefits slowly evolved; 40 hours, vacation pay, medical benefits, weekends, etc. These are undeniable facts that come directly from efforts by unions & the American Labor Movement. But now union-busting groups and the politicians they own tend to interpret historical events in a light shaded toward management. They promote the idea that unions impeded the growth of American industries, increased costs, and hampered free-trade and capitalist principles, in general. Basically, that trade unionism was un-American. SO NOT TRUE! I feel that the best of today’s historians think Congress instigated the Wagner Act to steer unions away from potentially revolutionary confrontations. Because of the NLRA, by 1945 union contracts covered one third of the private sector workforce. A great wave of strikes hit the US in 1945-1946. Business interests petitioned Congress to amend the NLRA. This resulted in the Taft-Hartley Act of 1947 that weakened many union protections. And then the Landrum-Griffin Act of 1959 imposed additional restrictions. Our agenda for the future is clear: we need to continue to fight for and advance these workplace protections and, at the same time, create new strategies and tactics for the battles of the new century.

-ARE UNIONS DEAD?

Quite often these days you see reports saying UNIONS ARE DEAD. It is true, there has been a decline in unionized numbers. There is strong anti-union sentiment in all parts of this country backed by corporations. They feed off these reports. We must fight back against these anti-union arguments. The average person these days knows more of these “un-truths” than the real story of what benefits come from unions. Here are some facts and ideas for rebutting these common complaints against unions:

-GREEDY UNIONS?

Corporations blame unions for rising prices of consumer goods, plant shutdowns and the decline of entire industries. But they never mention bad management decisions, or competition from state-subsidized nations, or corporations moving abroad to pay less wages, or corporate greed.  Consider this, in the 1970’s, the average chief executive officer of a major corporation was paid 41 times what his average worker was paid.  By 2004, the average CEO in a large corporation was paid a whopping 431 times what his company’s average hourly wage worker was paid.  Mind blowing statistics, and still growing. Undeniable CORPORATE GREED.

-ALL UNIONS CORRUPT?

Yes, it’s true a few union leaders have been convicted of illegal activities. The vast majority of union leaders are honest and hard working folks. They have to be, unions are one of the most democratic institutions in the country. Union failings are nothing compared to what goes on in American business. I looked up some old numbers by the US Chamber of Commerce, and the estimate for the total cost of white collar crime in 1997 was $338 billion dollars.  Keep in mind that the Chamber of Commerce is hardly an organization that wants to make US corporations look bad. And the numbers are higher today in.

The annual costs of anti-trust & trade violations is more that $250 billion. Compare that with all the Union dues collected in a year, approx. $7-$10 billion a/year.  Corruption in big corporations makes all other things insignificant. Think greedy scandals with giants like Enron, Worldcom, Tyco, Adelphia, Global Crossing, and the banking scandals, to name a few. A good juicy corrupt union scandal gets all the media coverage. As long as corporations own the mass media, that’s the way it will be.

-UNIONS: ARE A SPECIAL INTEREST GROUP?

Of all the anti-union arguments, this is the worst. That we just cater to our own special group of unionized labor. Look at what unions have done for all Americans. Union support helped pass laws to achieve SOCIAL SECURITY, PUBLIC EDUCATION, UNEMPLOYMENT COMPENSATION, CIVIL RIGHTS, VOTING RIGHTS, AND WORKER SAFETY. Even after passing of ACA, Unions still continue to fight for HEALTHCARE for everybody. Unionized workers earn not only one third more on average than non-union, but also have more job security, health benefits, pensions, and protection against UNJUSTIFIED DISCIPLINE.

This reveals a simple truth: unions are good for ALL American workers. To make this point clear, John F. Kennedy spoke on this topic in one of his speeches on the Labor Movements in this country. To quote President Kennedy, “Our Labor Unions are not narrow, self-seeking groups. They have raised wages, shortened hours, and provided supplemental benefits. Through Collective Bargaining and Grievance Procedures, they have brought justice and democracy to the shop floor”.

-A CALL TO ARMS?

When you hear news on these topics from the media, try to discern the facts from a labor perspective. The gains made in this last century are significant. Now, as in the past, large corporations have made efforts to roll back any progress made for the American worker. It will take a concerted effort of all unionized workers to push back. Our strength is in our organized numbers, but individual efforts are crucial. Stand up and be counted. Join in the effort to PUSH BACK.

Jim Ford

Stewards Committee

 

Stewards Corner: Stewards Basics 101

Glad to see that Stagecall is back up and running.  It is an important way for our members to stay connected with each other, as well as disseminate information and ideals to the workers in our trade.  A big “thank you” to the newly organized Newsletter Committee and it’s editor for jump-starting this periodical.

As the Stewards Committee has been actively involved in educating and bringing along a new crop of qualified job site stewards, I have received some interest from members about stepping up to represent their brother and sisters as an advocate in the workplace and becoming an IA Steward.  Perhaps at this point it would be best to outline some of the basic requirements, qualities, and responibilitites of becoming an effective job site union steward.  Laying these out in one issue here would be next to impossible.  So, toward that end, I will elaborate on these topics through subsequent issues of Stagecall.

Stewards face a variety of problems: the mechanics of grievance handling, the wide variety of problems that members bring them, dealing effectively with management, and keeping in touch with union leadership.  The following are a few thoughts to help the new steward get through their first introductions to the job and become an effective advocate for the union and the contract.  Lets call it “Stewards Basic 101.”

1) Enthusiasm
One of the problems you’ll encounter is negative attitudes from some co-workers.  This could be from former officers, members with more seniority, or just plain anti-union folks.  They’ll tell you that your efforts are fruitless, things never change, you’re wasting your time.  All organizations need new caring people to keep them strong and growing.  You have every right to be enthusiastic about your local.  Don’t let naysayers discourage you from your duties.

2) The Long View
A good Steward does not develop overnight.  It’s a process that takes time.  You’ll have to learn to be patient.  Remember that your goal is to develop your skills over time, and in the process you’ll build respect from your fellow members and management.  Like the old sage, take the Long View.

3) Learning Attitude
You’ll have a lot to learn: the contract, past practices, and the way your union and management operate.  You aren’t expected to know all the answers, but you must be the kind of person that enjoys finding them.  Ask questions, and then keep asking them.  You’ll learn a lot about people, the nature of working attitudes, unions and labor relations.  So these things should appeal to you.

4) Dealing with Management
Management will often test stewards to see how well you represent your co-workers.  This comes in many forms: denying you reasonable time to carry out your duties, refusing to give you extension of time to research a first step towards a grievance.  They may deny you access to records in a clear-cut case of injustices in a disciplinary complaint.  All this is clearly a breach of the contractual agreement, as well as Federal Law.  Learning to work with the particulars of each management situation, while enforcing the contract can be tricky.  Your skill at this, with time, will improve.

5) Organizing Approach
As stated, you don’t need to know answers to all questions posed to you.  Learn to organize your co-workers varied skills and then access them with your problems.  The whole point of the trade union movement is power in numbers, working with others to achieve common goals.

I hope this article helps anyone contemplating becoming an advocate and steward for your fellow co-workers.  As mentioned, I will be laying out more on this topic in future articles in an attempt to answer some of the questions about this union function.  With hard work, a determined and positive pro-labor attitude, and a willingness to teach and mobilize your brothers and sisters, you will become a vital part of a prosperous and vibrant union.  Not a small task, but certainly worthy of great respect for stepping up.

Yours in Solidarity,
Brother Jim Ford, IATSE 205

Winter 2012

Stewards Corner: Weingarten Rights

One of the most valuable protections a worker has is the right to representation when called in by your employer or management. A steward’s presence as an union advocate can sometimes mean the difference between someone being railroaded out of a job or falsely accused, and not having justice prevail. Weingarten Rights are key when discussing representation. In 1975, the US Supreme Court said that during an investigatory interview, employees have the right to request union assistance and can refuse to answer questions until the request is honored.

Under Weingarten, in order for the worker to have the legal right to representation during a meeting with management, the following conditions must be met:

1) Is it an investigatory interview?

If the employee is expected to answer questions concerning wrongdoing that might lead to his dismissal or discipline he is eligible for union representation. Discussions pertaining to job performance do not automatically include the right to representation. The right entails only in situations where it could lead to discipline.

2) Does the employee believe that the discussion may lead to discipline?

Whether the belief is reasonable or not,it is a judgement call based on the circumstances. If the employer merely wants to convey info to a worker then representation is not necessary. However, the burden falls on the worker to decide motive.

Unlike the police MIRANDA RIGHTS, where your right to silence is given prior to speaking, employers have no legal obligation to advise a worker of their right to representation. It is up to the individual employees to know their rights. So, a good rule is to stay cool, quiet and respectful, if urged by employer to discuss the matter.

Call for your Rep and present the following Declaration:

‘WEINGARTEN DECLARATION’ (aka Weingarten Rights)

For workers’ own protection, workers should be instructed to read or hand this statement to management before the start of any meeting that could lead to discipline:

“IF THE DISCUSSION I AM BEING ASKED TO ENTER INTO COULD IN ANYWAY LEAD TO MY DISCIPLINE OR TERMINATION, OR AFFECT MY PERSONAL WORKING CONDITION, I ASK THAT A UNION STEWARD, REPRESENTATIVE, OR OFFICER BE PRESENT. UNLESS I HAVE THIS UNION REPRESENTATION I RESPECTFULLY CHOOSE NOT TO PARTICIPATE IN THIS DISCUSSION’.

In the future, we will again be distributing ‘WEINGARTEN RIGHTS’ cards for each union member to add to their tool kit. Know your rights and use them when needed.

Jim Ford

Stewards Committee

IATSE Local 205

Stewards Corner: Sexual Harassment

As a steward faces many challenges daily, there is an important topic that they must learn to handle in a professional manner: it’s called sexual harassment in the workplace. And the responsibility falls not only on stewards but all of the members of the union, as well.

Incidents involving sexual harassment are particularly challenging. The incidents involve strong emotions, misuse of power, and the tension that historically surrounds men and women in our society. Our union has an obligation to insure that its members are sensitive to the issues of sexual harassment.  Additionally, it must create an environment where victims are comfortable turning to someone in the union for assistance. This means we must build an educated membership on this topic. Also, we need stewards who know how to investigate for possible follow up grievances.

So first off, here’s a brief definition of Sexual Harassment:
“Any unwelcome sexual advance, request for sexual favors, or any verbal or physical conduct of a sexual nature.”1  Sexual Harassment,  a form of gender discrimination, includes “lewd proposals, sexual jokes, and unwanted physical contact.”2  So in some cases this falls under legal heading of civil rights laws.

As good brothers and sisters we must be sensitive to the victim’s concerns. Victims, most of whom are women, can feel powerless, anxious, or even guilty. Standing by them sends a powerful message of unity. Stewards need to listen, record, and document all the details of any incident, and other members should immediately report these situations to their steward. As members we must show support to all victims and create a discrimination free environment.

If the supervisor is the offender, he may deny he made advances. He may blame the employee’s poor work performance or make other excuses. If it’s by a co-worker, he may claim their behavior was “in good fun,” or she “just can’t take it.”

Here you might remind them that if it was his daughter, wife, mother, or sister, he wouldn’t want her treated like that. Sometimes members are just ignorant about the issue of harassment. I say ignorant, not stupid. Ignorant means lack of knowledge.

The best strategy for dealing with this issue is a proactive one: we must educate ourselves on this subject before incidents occur. Legally the employer is responsible for the atmosphere we work in. However, it is our responsibility to educate ourselves and our brothers and sisters to stand up against this offending conduct.

Why? Because it’s the right thing to do.

Jim Ford, Chair, 205 Stewards’ Committee

 

1 Legal Rights of Union Stewards, 4th edition, Robert M. Schwartz

2 The Union Steward’s Complete Guide, 2nd edition, David Prosten

Stewards Corner: Zero Tolerance Policy

STEWARDS CORNER

                In past articles I have tried to shy away from fluff pieces that just mimic old inefficient policies of dealing with important topics. Our members need perspective and honest appraisals on important issues that face our workers today. With that in mind, I have tried in the past to address the issue of lax and less than forceful representation by our leaders, sexual harassment in the workplace, and political activism.

This piece involves the complicated issue of suspension and termination from your job, due to drug test failures and drug use by our workers, either in the work place or on your personal time.  This issue tends to be very divisive in its opinions by our members.  There are strong feelings for and against the implementation of heavy-handed drug policy with vigorous enforcement clauses. I make no moral judgments on anyone’s opinion either way.  I will simply attempt to lay out some legal aspects maybe not commonly known by our members; and yes, I will try to point out some improvements that can be brought to bear.  My only motives are to educate and to keep our technicians on the job and working.

—Zero Tolerance Policy—

                Bosses LOVE “zero tolerance policies.”  One arbitrator called them “the last refuge of weak managers.” In my opinion, he should also to include weak union negotiators in his statement.  Hard to believe, but several of our current contracts rely on a zero tolerance policy regarding what might be called egregious behavior in the workplace.  This could refer to fighting, threatening violence, stealing, drug test failures, verbal abuse, sexual harassment, felony convictions, etc.  For our discussion purposes, let’s narrow our view to drug test failures.  This could mean just using pot, not just the harder drugs which are in no way acceptable to our professional standards. Hey, come on, some have called out liberal Austin as a marijuana local.  Be that as it may, these discipline policy issues are on the rise.

A ZERO TOLERANCE POLICY provides that workers who commit a specific infraction (failed drug test) be immediately discharged with no consideration for mitigating circumstances such as an employee’s long standing seniority or past record.  Worse yet, if an accident occurs they test all parties, even those collaterally damaged by the incident. These workers are clearly victims in the incident, only to be re-victimized by having to pass a urine test.

If the union questions the policy, the employer is likely to cite contractual language which gives it the right to issue rules and regulations.  This is part of the “managements rights” section in most contracts.  Management can set rules, policies, and regulations for employment.  Arbitrators generally uphold these rules when they are used to maintain production quotas and insure a safe working environment (something they are legally bound to do).

However, even if the contract’s management rights clause waives the union’s right to negotiate on the contents of the rule, the employer must allow the union to bargain on how it will be applied.  I believe this tactic has eluded our leadership.  Our representatives simply look to a strict interpretation of contract language for what they can and can’t do. But, as labor attorney and writer Robert Schwartz shows, there is a tactic to combat, somewhat, even the strictest of contract language. I believe Local 205’s negotiators are not aware of this tactic and simply say “it’s not in the contract,” believing they can’t argue, discuss, or negotiate on the contents of the rule; or bargain on how it’s applied. To clarify, we have an option to challenge the conditions of the violation and we are not doing it. I believe our negotiators just look at strict contract wording, which is very limiting as the final word.   And apparently Schwartz agrees with my interpretation.

These overly broad zero tolerance policies can lead to grossly unfair punishments.  And some of our working brothers and sisters have suffered because of them.

Let me explain.  When an employee whose conduct should result in a warning or short suspension is discharged because of a zero tolerance policy, the union should assert – through the Business Agent and Stewards’ Committee (Grievance Committee) – that the policy violates the Just Cause clause of the contract.  Fair notice, disparate (uneven) treatment might be a good reasonable argument.  This is one of several possible tactics to argue against a mandatory drug test. At the very least, it may mitigate the severity of the punishment.  It would be to our benefit for our contracts to have language – that employers deem reasonable – more clearly defining the union’s contract interpretation.

Summary discharge is contrary to the basic principle of just cause for discipline.  Outdated as it is, it’s the old master vs. servant attitude that employers constantly try to enforce.  Not to mention, if discharge was instituted before test results or a good faith investigation of facts, we can argue the employee did not receive due process.

It is widely accepted that the just cause concept compels an employer to weigh the gravity of the offense, consider the mitigating and extenuating circumstances, and apply the least severe penalty that is likely to lead the employee to correct his or her mistakes.  A disciplinary firing and drug test failure can have long term negative effects on an employee’s career.

Zero tolerance unilaterally extinguishes these just cause-bargained protections.

Union Silence on the Issue

                The union will have a hard time contending that zero tolerance violates the contract if it has failed to object before the current discharges.  The employer will undoubtedly argue that past practice shows agreement with the policy.  Management will never want to appear to condone illegal recreational drug usage by its employees.  As a tactic to overcome that contention, we, the union, should distinguish the current cases from the earlier cases, stating that current cases more clearly violate the just cause standard.

Other Arguments

                Unions can use the wording of zero tolerance policies against the employer.  A policy might state that a violation “may” lead to immediate discharge.  This can be interpreted to mean that dismissal is only one of several possible alternatives.  Similarly, if a policy states the offender is “subject” to discharge or punishment “up to and including discharge,” the union may have some wiggle room.

It is hard to believe that our International and local representatives signed on to this overly broad zero tolerance policy.  Although we as stewards, reps, and advocates can raise defenses such as lack of evidence, lax of enforcement, disparate treatment, and due process, we will be fighting a battle with one hand tied behind our backs until we get some basic change at the contract level.

Until then, in my opinion, it’s nothing short of a crapshoot to spend time and money taking these kinds of situations to arbitration.

I found a case recently in researching arbitration cases of mandatory dismissal in drug cases:

COMPARE BIOLAB INC., 114 LA 279 (BRODSKY 2000) “If required by the contract, a discharge based on a positive drug test is likely to be upheld in arbitration even without evidence of impairment.”  (*3)

GES Contract Wording

Our agreement with the Tradeshow employer GES has this kind of extreme zero-tolerance policy. I would hope the International and IA Reps would listen to our pleas to change this policy in future contracts or give us support, in both time and monies, to properly process these kinds of dismissals through the Grievance Procedure. It would surely go all the way to arbitration and that is an unfair burden on a small local like ours. Or, a much easier remedy would be to strike it from future contracts all together.

 

 

Jim Ford, chair
Stewards’ Committee
IATSE Local 205
Austin, Tx
j…@hotmail.com
JUST CLAUSE: A UNION GUIDE TO WINNING DISCIPLINE CASES by Robert Schwartz was the primary source for this article.

 

***A good contract with a good union is good business***
—John T. Dunlap, US Secretary of Labor

 

#StagehandView: Organizing Opportunities Are Everwhere

My last work day was long, even by stagehand standards, a six a.m. start with a load-out from one p.m. until … depends on who you asked. And this lengthy work call came at the end of ten early starts to ten long days. By about eight that night I was crispy. And that’s my excuse for missing an organizing opportunity.

Like I said, I was pretty fried when a longtime non-union Austin stagehand irritated me by hurrying up when it didn’t really make sense to hurry up. At the time, most of the carpenters were involved in a repetitive multi-person heavy lifting situation, so steady and safe would have been the right way to go even if we were all fresh and rested. But this guy kept moving faster than the group at a moment that required the group to move as one. I barked – I was the local department head, so it was my week to give f**k. He back-talked. I barked again. He figured out he needed to listen to me and eventually slowed down. We continued picking the heavy things up and putting them in their road case. End of incident.

Until that same stagehand came up to me later and introduced himself and apologized. Completely unexpected behavior. I certainly didn’t feel he had done anything that merited an actual apology. I had probably barked at a dozen people during that particular load-out. It’s kind of how we do. That’s what made his choice all the more remarkable.

I thanked him and assured him things were good between us. By then the call was mostly wrapping up so we chatted some. I learned he was a veteran of some of Austin’s more, shall we say, union unfriendly venues and stage labor providers, which explained his speed-up mindset. Then we went back to work and I didn’t really think about it anymore.

Anti Union Poster by Party9999999The next day it occurred to me that I had missed an organizing opportunity. I should have done more than just accept his apology and shake his hand and make small talk. I should have pointed out that our little mini-conflict lies at the very heart of why unions exist in the first place. We had each taken a side in a debate as old as capitalism: who controls the speed of the work? Or, to put it more fundamentally, should America’s ideals of democracy apply to workers while they’re doing their jobs?

Through his actions – namely, his go-go-go, work-as-fast-as-possible-all-the-time attitude – my new non-union acquaintance tacitly sides with management against democracy in the work place. His willingness to exhaust himself and put himself and his co-workers into dangerous situations, for whatever personal reasons, has the effect of ceding workplace power to the boss, in effect creating a little dictatorship.

On a union gig the stagehands are supposed to have a say in how fast a job happens (mostly because generations of workers have fought and died to win that right). And no, that does not mean we should all get out our milking stools. Union proud stagehands work as fast as the particulars of a situation allow. We work steady and we finish as quickly as possible without pushing past the speed of safety. That’s why fewer stagehands get hurt on union protected work calls.

These are some of things I should have said.

Of course, to be honest, I would have also needed to acknowledge that working union doesn’t fix everything. For example, there’s a national convention company my local is forced to work for (under a CBA we didn’t ratify that our international union shoved down our throats) where the contract completely sucks and where concepts like workplace democracy don’t apply. But that raises another democracy related question that won’t be answered here.

Because I just wanted to tell you about the organizing opportunity I missed. I just wanted to say that we should all be organizing all the time. And sometimes that simply means recognizing the chances we’re given and being willing to have the right conversations.

#StagehandView: First, We (Re)Organize Ourselves …

http://www.laborarts.org/about/
http://www.laborarts.org/about/

You’ve heard me talk about organizing. A lot. I’ve written about it here and elsewhere. But I can be a little stupid sometimes, so it only just dawned on me that all the local 205 members I’ve been talking organizing with probably assume I mean the external kind where a union targets a group of unorganized workers, brings them into the union, and negotiates a new CBA.

That type of organizing is a big part of the equation. We definitely need more of it.

But there’s a more fundamental, intra-union type of organizing that has to happen first because it serves as the foundation for the external kind. This kind of drive for primary, internal organizing has to grow out of the culture of a union local. Which is probably why it only seems to happen when the members actively run things instead of sitting back and relying on their e-board to handle all the work. It manifests in well-planned (and well-executed) bottom-up contract campaigns featuring strategic collective actions that back up the representatives at the bargaining table. Another sign that a union has embodied the organizing model is the presence of a lot of diverse, pro-active committees that accomplish assigned tasks on schedule. Internal union organizing boils down to the members making their local work for them by [You’ve figured out where I’m going with this, haven’t you?] working for their local.

Don’t sneer. Sure it’s trite, but that’s because it’s basically what JFK said.

You got a problem with JFK? I mean besides his pharmaceutical and sex dependence? … Or his refusal to push civil rights legislation. … But I’m http://www.npr.org/blogs/itsallpolitics/2011/01/20/133083711/jfks-inaugural-speech-great-but-incomplete-on-racegetting off topic.

I kind of feel like our local might be starting to move toward embracing an organizing culture. At least a little. Maybe I’m just a starry eyed dreamer, but according to President Magee, we had over 70% voter turn-out in the last election, and that was despite all of the balloting silliness. We just need to figure out how to keep up this momentum and use it to our advantage.

Like the human body, if an organization sits still for too long it calcifies and starts to decay. Entropy affects collectives as much as it does individuals. And local 205 has been sitting still for a long, long time. So we need to keep figuring out ways to lube our squeaky joints and grind away at our shared rust.

I’m a writer and an editor. That means I’ve started writing and editing for the local. It helps the union and it helps me build my online platform. Everybody wins.

What are you when you’re not a stagehand? How can your unique skill set help?

Or, even more fun, what do you want to learn how to do? Our newsletter’s layout editor, Brother Ellinger, is a great example of how a lot of times you don’t have to be qualified to start volunteering, just interested and available. You can learn on the job. Years ago when we first started Stage Call, he volunteered to do the layout because he wanted to master the program he uses to put each issue together. I’d say we all benefited.

Because it’s not just about voting, though high election turn-outs are a good thing. It’s not just about paying dues either, though the money we amass can be a great weapon. It’s about the business union system – along with the thousands of passive, seemingly helpless members it continues to create – being just as much a part of the problem as Radical Right assholes like the Koch brothers and Grover Norquist.

Unlike America’s seemingly inexhaustible ability to spawn rich, Nazi-esque dickheads, which I don’t pretend to understand or know how to curtail, union members can control how we organize our reactions to those dickheads. We’ve cowed these guys before and we’ll do it again. If we we’re willing to work for it.

Unions have always been attacked from the far right, that’s a constant. Kind of like stagehands bitching about stuff, it’ll never stop. Unfortunately that means the union reaction to it can’t either. And, worse, we will never achieve any sort of ultimate victory. All we can do is choose to fight or choose to surrender.

I agree that the neverending class conflict caused by cannibal capitalism sucks. But how’s that relevant?

#StagehandView: Buying (sort of) American Made

Everybody got the run-off election results, right? Thanks again to Sister Miller for keeping on what’s seeming to be an endless process. Anyway, the results in case you haven’t heard: Treasure, Rita Kelso; BA, Lupe Perez; Convention Delegate, Rachel Magee (with one more to be determined at the April meeting). Congratulations to all and thank you for your continuing service to the local.

So I had to go buy new general use “tennis” shoes yesterday. I went to Academy and was surprised to notice they actually had some of New Balance’s (sort of) American made lines of walking and running shoes. I went ahead and paid the premium to wear shoes with the flag under their tongues.

The whole experience left me feeling wildly conflicted. On the one hand, I was happy to be able to buy a (sort of) American made product at a semi-big box store, even if that product was significantly more expensive than its Indonesian and Chinese made counterparts. But on the other hand, I kind of hated the fact that New Balance only keeps a token level of production in the U.S. (five factories) to take advantage of suckers like me.

The shoes actually came with a little micro-pamphlet highlighting the company’s so-called commitment to the American worker. It opened by congratulating me on buying “a pair of shoes that were made or assembled” in the U.S. Literally, the first word is “congratulations.”

I don’t exactly feel cheated. Just baldly and blatantly manipulated. After all, the vast majority of the New Balance shoes sold in the world are not made in the U.S., or anywhere in the Global North. Like most so-called American companies, for the most part, only their upper management remains on this continent. While its marginally better than nothing, what New Balance is doing with its (sort of) American made shoes is really just marketing. It’s kind of like a carnie showing the crowd ahead of time that the two headed cow isn’t actually alive, that none of the freaks or wonders inside the tent are real. And I’m the rube who smiled and handed over my money anyway.

And all of that might be okay if the damn shoes weren’t so hideous to look at. They’re mostly black with neon orange highlights. Even though I’ve been assured they’re quite fashionable, I find them downright distracting. They’re just so bright. But they sure are comfy. Again, major internal conflicts.

That’s it. Except to say that it’s not looking like there’s any need for me to write that story I had talked about doing on the Atlantic City casino stagehands and their fight for fair wages. But you can get involved by joining their Facebook group at IA917.

#StagehandView: IA917 Atlantic City Update

3/9/14

4:19 p.m.

Yesterday’s Facebook action for the Atlantic City casino workers’ union, Spread the Word Saturday, seems to have gone well. I ended up figuring out to work my phone enough to finally start copying and pasting into casino pages by the second show. But some folks really went to town until they got blocked from posting comments. Here’s how Michael Barnes summed up on the IA917 page:

The casinos changed the settings on their Facebook Page to delete and block our message. This a win for workers as it demonstrates we have motivated activists and the casinos are sensitive to the message. First mission can be ruled a success.

We will be launching a second wave of messages this week using secondary targets, beautiful faces, Twitter and from a suggestion today, Yelp.

Thanks to everyone for their help today. It’s Miller Time.

If you have no idea what I’m talking about, read yesterday’s Stagehand View.

Otherwise, I’m happy to report that I’ve been in contact with both Michael Barnes and Darrell Stark (see his comment on yesterday’s post). Anyone reading this should feel free to slap me on the back of the hand when you see me for my mistakes in the previous #StagehandView. I have corrected the piece.

But enough of that. It looks like Vice President Barnes is interested in talking to me for an article that I will write and submit to Labor Notes. Hopefully they’ll publish it and spread the word a little wider. At the very least, you’ll be able to read it here.

That’s it. Now I’ve got to go eat and do the final Austin show of Wicked … until the next time.

Don’t forget to join the IA917 Facebook page. The casino workers can’t participate in these kinds of actions without risking their jobs. That’s why it’s up to the rest of the union to do it for them.