16
INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS, AFL-CIO & CLC January-March 2009 www.ifpte.org

INTERNATIONALFEDERATIONOFPROFESSIONA L … · His machine-gun was the only weapon placing ... had been inflicting heavy casualties on the American ... to the aid of his fellow crewman

  • Upload
    hadien

  • View
    213

  • Download
    0

Embed Size (px)

Citation preview

INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS, AFL-CIO & CLC

January-March 2009 www.ifpte.org

11

13

6

6

IFPTE OUTLOOK is published quarterlyfor $12 per year by the InternationalFederation of Professional and TechnicalEngineers, 501 3rd Street, NW,Suite 701, Washington, DC 20001.

Periodicals postage paid at Washington,DC and additional mailing offices.POSTMASTER: Send address changesto the IFPTE OUTLOOK, 501 3rd Street,NW, Suite 701, Washington, DC 20001.

Publications Mail AgreementNo. 41493021 Return UndeliverableCanadian Addresses to PO Box 503,RPO West Beaver Creek, RichmondHill ON L4B 4R6

www.ifpte.org(ISSN 0745-2098)

Medal of Honor RecipientHas Local RootsFormer Local 92 member, Gary Wetzel, is also a recipient

of the Congressional Medal of Honor, the highest honor

awarded for military valor and heroism in United States.

IFPTE’s 56th Convention CallIFPTE’s 56th Convention will be held at the Rio All-Suites

Hotel and Casino in Las Vegas, Nevada from August 10-13,

2009. Locals are asked to carefully review the Convention

Call as it provides constitutional requirements and other per-

tinent information for our upcoming Convention.

OEB Secures Its First AgreementMembers of the IFPTE’s newest Canadian bargaining unit

are celebrating the achievement of their first collective

agreement. Though getting it was an exceedingly long haul,

Local 160 leaders believe their new contract is much better

than the usual “first” agreement.

Go Green, Get your OUTLOOK onlineDo your part for Earth Day and sign up to receive

your copy of the IFPTE OUTLOOK online.

.

Jan.-Mar. 2009Volume 66Number 1www.ifpte.org

EXECUTIVE OFFICERS

Gregory J. JunemannPresident

Paul ShearonSecretary-Treasurer

AREA VICE PRESIDENTS

Joseph McGeeExecutive Vice President

Northwestern

Larry ChojnackiMidwestern

Cynthia M. ColeSPEEA

Ron DicksWestern

Misty Hughes-NewmanCanadian

Debbie D. LogsdonSPEEA

John G. Lowden, Jr.Atlantic

Lawrence V. MarrellSPEEA

R. Kirk MillerEastern Federal

Mark MitchellWestern

Andrew MüllerCanadian

Gerald NewsomeAtlantic

Benjamin T. ToyamaWestern Federal

Charlie TrembleyNortheastern

Allan YamaguchiNorthwestern

EDITOR

Candace M. Rhett

INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS, AFL-CIO & CLC

8

11

13DEPARTMENTS President’s Editorial–3 Around The Federation–12 Legislative–14

ON THE COVER: With the Capitol as a backdrop, labor and its allies attend a rally

urging Congress to pass the Employee Free Choice Act, legislation that will give

workers a real chance for union representation. However, anti-union supporters con-

tinue to spread false information on how passage of the Act will be detrimental to

workers’ rights. Get the real story—read Secretary-Treasurer Shearon’s editorial

called “The Sacred Secret Ballot” as he dispels myths and presents real facts on the

rights workers will gain with the passage of the Employee Free Choice Act.

Photo credit: Mike Martin/APWU

s I write this, the US unemployment rate is hoveringat around eight percent. Considering that this statis-tic only accounts for people who are receiving unem-

ployment compensation, the actual figure is certainly wellabove 10%, and in some municipalities, the reportedunemployment figure is over 20%.On a national average that means at least one out every

ten people I see on the street is out of work. One in tenpeople at the grocery store is planning to buy less thantheir family needs. One in ten mothers at school hopesmore than ever that their kids can make it through thewinter without catching something severe.I’ve been laid off a few times in my life, and I remember

quite well how sick I felt when I got the news. I can vividlyrecall having to go to the unemployment office, and waitingin long lines to fill out degrading and embarrassing forms.This was followed by a humiliating interview with someonewho asked condescending questions about jobs for which Ihad no qualifications. (There was a shortage of nurses eventhen.) Then, of course, I had to start a new job search,withall of the stomach-punches that process involves.Later, when I served as a bargaining committeeperson

with Local 92, I had to sit through a lot of very emotionalmeetings as my fellow members got their lay off notices.Some took it in stride, and almost expressed relief to final-ly hear the news they knew was coming. Others actuallywept when they heard they were losing their jobs.It broke my heart then, and I’m terribly saddened to

hear that more of our members in Locals across NorthAmerica are facing job loss.

We, as union leaders, can’t guar-antee that our members won’tlose their jobs,but we can and dowork tirelessly to prevent layoffs,and tominimizewhatever reduc-tions do occur.When job lossesdo happen, we can take somesolace that our members are pro-tected by a defined contractualprocess, rather than being victimsof some unilateral decisions by themanagers of the moment.At the same time, I’m proud thatmany of our members who are fac-

ing layoffs in today’s eco-nomic downturn canlook to the con-tracts their unions

have negotiated and find they have some guarantees,beyonda written and defined process for reduction.Most of our contracts contain provisions that provide

for medical insurance for given periods before COBRAentitlement begins. Since vacation and other leaves areguaranteed, any unused leave time must be paid to theemployee. Many of our contracts contain defined provi-sions for recalling employees from layoff. (I have a friendwho our union was able to have recalled one week beforehis entitlement ran out.) As members are laid off, unionsand employers can work cooperatively in assisting peoplewith job search skills, and future employment opportuni-ties.While we can’t make the bad news go away, we canmake it a little easier to take.As proud as I am of our union’s efforts,I’m sickened to read

the stories of employers pushing back at paying unemploy-ment compensation. According to a recent story in theWashington Post, roughly a quarter of all benefit claims arechallenged by employers. Certainly, some disputes are legiti-mate,but in far too many cases,employers simply don’t wantto pay their share of the employment tax connected to unem-ployment compensation.While employers should pay atten-tion to fraudulent claims, according to Chief AdministrativeLaw Judge ColemanWalsh,“nowadays it appears their moti-vation has more to do with the impact on their unemploy-ment insurance tax rate.”And thenwe have the bottom feeders.Some law firms have

set up“third-party agents” to fight unemployment claims, andemployers pay huge sums to have these experts representthem in fighting workers’ claims for unemployment compen-sation.One firm in St. Louis counts over 8,000 employers onits client list.The argument is generally the same – the employ-er’s agent will claim the employee was not laid off for eco-nomic reasons, but was terminated for misconduct.Then, it’sup to the jobless employee to fight the case on her/his own.Our Locals may, in some instances, be able to assist our

members in these disputes, but the battle with these lawfirms is a new field. I’ve been in contact with theAFL-CIO’sWorking America Department to enlist their help in estab-lishing a vehicle that will provide assistance to unions andindividual workers in protecting their rights and benefits.Losing one’s job is difficult enough.We simply can’t turn

our backs when our former and future members need usmost. O

YOUR PRESIDENT’S MESSAGE

IFPTE JANAUARY-MARCH 20093

Discussing LayoffsA

4 JANUARY-MARCH 2009 IFPTE

TThe Employee Free Choice Act is intended to make iteasier for workers to form unions.The proposed lawdoesn’t solve, or even address all of the problems fac-

ing workers as they attempt to organize themselves.Yet,the improvements should make a dramatic improvementfor workers’ rights and freedoms.At the same time, there is much rhetoric around the myth

that workers will lose their rights to a secret ballot election.Again,I call this a myth.It’s a myth created by employers andanti-union forces who have no interest in seeing workersgain even a sliver of power over their own working lives. It’sa myth intended to scare citizens into believing unions willgain too much power. It’s a myth intended to create skepti-cism among lawmakers who must decide whether or not tosupport the legislation. Lastly, it’s a myth intended to pitunion against union in finger-pointing debates.

Here are the facts.The process of selecting a union by having a majority of

workers sign authorization cards is already the law.However, the decision of whether the affected employeescan make their decision through majority authorization ofsigned cards or by a secret ballot election rests solely withthe employer. And the employer almost always forces asecret ballot election.In forcing a secret ballot election, even in the face of

near unanimous support by the affected workers, employ-ers are not trying to protect workers’ rights to a secret bal-lot election.Rather,employers are simply trying their triedand true strategy of stalling the decision at all costs.As thedecision is delayed for months, the employer is free toenlist their arsenal of underhanded tactics: threats, deceit,intimidation, and unwarranted discipline to scare workersout of their intention to form a union.As the laws exist today in the US,a worker is fired in one

out of every four organizing campaigns.These workers arenot the “ne’er do wells” of the workforce. Instead, in caseafter case, the workers fired during organizing campaignsare model employees whose only “misconduct” was toengage in their free right to discuss unionization withtheir co-workers and colleagues.While the common wis-dom would seem to be, if the best employees favor aunion, they’ll provide a path for others to follow. Sadly,what actually happens is that the best employees findthemselves facing disciplinary action, and the others shyaway, believing, if the employer is willing to fire their bestworkers to thwart the campaign, the average worker does-n’t stand a chance.

The workers should choose!Under the Employee Free Choice Act, the workers, not

the employer, will have the right to choose whether theirdecision to organize will be through majority authori-zation or a secret ballot election.It should be the workers’ choice, not the employer’s. In

the few campaigns in which majority authorization hasbeen tried,workers have shown they fully understand thedifference between signing a card that calls for an elec-tion, and signing a card that authorizes a union. In the lat-ter case, workers take much longer to decide whether ornot to support the union, but again it’s the workers’ free-dom to choose.As I stated earlier, the Employee Free Choice Act won’t

solve or even address many of the problems facing work-ers as they attempt to form unions. Employers will stillhave the right to hire union-busting law consultants.They’llstill have the right to force workers to attend captive audi-ence meetings and one-on-one interviews.They’ll still havethe right to threaten and intimidate their workers.They’llstill have the right to stall the process through endlessLabor Board hearings and appeals.They’ll probably test thelaw and the associated penalties,by firing workers who aresuspected of leading organizing campaigns.But the workers will finally have some rights and free-

doms as well.They have the same rights and freedoms thatare enjoyed by workers in overseventy countries across theglobe. If the citizens of theUnited States, and thenation’s lawmakers trulybelieve they live in thebest nation on the plan-et, and that their nationwas built by its proudworkforce,shouldn’t thoseworkers have the same orbetter freedoms as workersin every other nation? O

YOUR SECRETARY-TREASURER’S MESSAGE

The Sacred Secret Ballot

6 JANUARY-MARCH 2009 IFPTE GO GREEN

e recently learned that a former memberof IFPTE Local 92,Gary GeorgeWetzel, isalso a recipient of the CongressionalMedal of Honor,the highest honor award-

ed for military valor and heroism in United States.After reading the citation (on next page) I was completely

captivated by Gary’s story and wanted to learn more about hislife. IFPTE Secretary-Treasurer Paul Shearon and I had theopportunity to meet and speak with this hero during his triptoWashington, DC for the inaugural events.The following are excerpts from the interview.

Q How old were you when you were wounded?Wetzel: I was 3 months into my 20th birthday, just a young

whipper-snapper.

Q Howlonghadyoubeen inVietNambefore thishappened?Wetzel: That was my second tour.

Q Your second tour – really. How old were youwhen you arrived in Viet Nam?Wetzel: I arrived in Viet Nam on October 16, 1966, and I

was one month into my 19th birthday.

Q How long did the first tour last?Wetzel: About 10 ½ months. I came home for 46 days and

then I went back for my second.I actually requested to go back.

Q At such a young age, what pushed you to return?Wetzel: On my first tour, I had a very good friend that was

killed on Christmas Eve.At that young age, you figure that youwant to go back and even the score for the people who tookyour buddy’s life.You realize later in life that that doesn’t work.The second reason was to get more flight time because I wasfinally going to flight school.

Q You were with the 173d Assault Helicopter Company.Wetzel: The famous Robin Hoods.

Q Tell me about them.Wetzel: Each outfit had a nickname and we chose Robin

Hoods.The old man was Robin Hood, the crossbows were thegun ships, Crier Tuck was the maintenance guy who more orless fed us, and the rest of the men were the Robin Hoods andthe Merry Men.We set our tents up in a rubber tree plantationand called it Sherwood Forest.

Q So what were your responsibilities to the Company?Wetzel:My primary duty was as Door Gunner.I made sure

the machine guns on both sides were perfectly maintained andfired well because our lives as well as the lives of othersdepended on it.

Q Do you know how many lives you ultimately saved?Wetzel: Not really, I can’t quote a number.I spent seven days

on the super critical list before I was stabilized to travel to mynext duty station inTokyo.When I arrived, some of the guys thatI had saved found out I was there and would ask if I was GaryWetzel.When I said yes, they would show me pictures of lovedones, and say ‘hey man because of you, this is who I have to goback home to’.That’s what the MoH means to me.

Q How/when did you find out youwould receive theMoH?Wetzel: Military officers came to the Ladish Company in

Cudahy,Wisconsin were I was working.The office called me andsaid some people from theArmy want to talk to you.They askedme if I was GaryWetzel, introduced themselves, and told me Iwas going on a special trip.They weren’t ready to say why at thetime, but I didn’t buy it. I’d just turned 21 and just boughtmyself a brand new Corvette, and here they say I’m going some-place.I told them I don’t think so.It took them about 10 days toconvince me I was going to Washington to receive the MoH. Icalled my congressman, John Zablocki, he thanked me for myservice and said he was looking forward to meeting me inWashington.That’s when I said,“Wow, I’m going to get the MoH.”

Q Our president, Greg Junemann, is amember of Local 92out of Ladish. What was your position at Ladish?Wetzel: I was called an Expediter. I went around the plant

looking at different types of steel that had to have priority toget stamped and pushed out.

Q Did you have your pick of employment?Wetzel: I applied for a bunch of jobs and Ladish called me.

To be honest, I had just gotten out of the hospital and I was try-ing to get a job, and I didn’t care if I was shoveling crap, I woulddo it. But they called, I went down for an interview, got hired,and into one of their training programs. I was very grateful.

Q Do you remember who the Local president was?Wetzel: No, I don’t.

Q Any Local member(s) who you befriended?Wetzel: Earl Curler and I befriended each other.We belong

to the sameAmerican Legion Post;we’ve been friends ever since.

Medal of Honor Recipient hW

Gary G. Wetzel in the receiving line (far right) at the Medal of Honorpresentation at the White House ceremony, along with the other MoHrecipients and President Lyndon B. Johnson (far left).

[email protected]

Q I’ve learned so much from the research on MoH winners…Wetzel: That’s recipients.We refrain from using winners—sounds like

we won a contest.That’s true and a good point.

Q You’re active in veterans’ affairs.What do you do to assist veterans?Wetzel: Well over 70% of the street people in this nation are veterans.

Some of them chose to live that way;some don’t.I started a program calledStand Down some time ago that provides veterans with hot meals, cleanclothes, checkups, and even assistance with outstanding tickets. StandDown is held twice a year; local, state and the federal government is alsoinvolved in the program.

Q How long did it take you to really recover inyour mind from having your arm taken away?Wetzel:A lot of us cope with things in different manners.I just chose not

to stay down on the ground and be productive, not only for me but also forother handicapped people.At first, I was afraid to ask for help, but now thatI’m older, I’m not afraid to ask for help if it’s something I can’t do.

Q How did your life changeafter receiving the MoH?

Wetzel:You’re in the public eyemore, and if you trip and falldown, it’s noticed. There are peo-ple that take advantage of youand want to use you because ofthe medal. I learned what to doand what not to do. I’m verygrateful I’m alive to be able towear that blue ribbon and that Inot only work for me, I work foreverybody else.

Q Did you go back to Ladish?Wetzel: I stayed there for quite a while, but I didn’t care for the factory,

the noise, or being closed in.I had to get out in the open, so I left and beginworking construction.

Q What are you doing now?Wetzel: Traveling and giving lectures once in a while.

Gary is married to wife Kathy and has one son and one daughter.We areforever in your debt Gary for your service and sacrifice for the citizens of thiscountry.Special thanks to Jim Woodside, former president of IFPTE (1967-1970),

who provided us theWhite House citation and photograph. O

The President of the United States of America,authorized by Act of Congress, March 3, 1863,

has awarded in the name of The Congressthe Medal of Honor to

Specialist Four Gary G. WetzelUnited States Army

for conspicuous gallantry and intrepidity in action atthe risk of his life above and beyond the call of duty:

Specialist Four Gary G. Wetzel (then Private FirstClass), near Ap Dong An, Republic of Vietnam, 8 January1968, 173d Assault Helicopter Company, distinguishedhimself by conspicuous gallantry and intrepidity at therisk of his life, above and beyond the call of duty. Sp4c.Wetzel was serving as door gunner aboard a helicopterwhich was part of an insertion force trapped in a landingzone by intense and deadly hostile fire. Sp4c. Wetzel wasgoing to the aid of his aircraft commander when he wasblown into a rice paddy and critically wounded by2 enemy rockets that exploded just inches from hislocation. Although bleeding profusely due to the loss ofhis left arm and severe wounds in his right arm, chest,and left leg, Sp4c. Wetzel staggered back to his originalposition in his gun-well and took the enemy forces underfire. His machine-gun was the only weapon placingeffective fire on the enemy at that time. Through a resolvethat overcame the shock and intolerable pain of hisinjuries, Sp4c. Wetzel remained at his position until hehad eliminated the automatic weapons emplacement thathad been inflicting heavy casualties on the Americantroops and preventing them from moving against thisstrong enemy force. Refusing to attend his own extensivewounds, he attempted to return to the aid of his aircraftcommander but passed out from loss of blood. Regainingconsciousness, he persisted in his efforts to drag himselfto the aid of his fellow crewman. After an agonizingeffort, he came to the side of the crew chief who wasattempting to drag the wounded aircraft commander tothe safety of a nearby dike. Unswerving in his devotionto his fellow man, Sp4c. Wetzel assisted his crew chiefeven though he lost consciousness once again duringthis action. Sp4c. Wetzel displayed extraordinary heroismin his efforts to aid his fellow crewmen. His gallantactions were in keeping with the highest traditionsof the U.S. Army and reflect great credit upon himselfand the Armed Forces of his country.

as Local Roots

Secretary-Treasurer Paul Shearon (l) andMoH Recipient Gary G. Wetzel.

MoH recipients will return to Washington, DC on March 25, 2009 forNational Medal on Honor Day to commemorate the date the first MoH waspresented by President Lincoln. Prior to this special event, MoH recipientswill attend a fundraiser at the NY Stock Exchange to benefit MoH scholar-ships. There are currently 98 living CMoH recipients; 3,448 in total.

8 JANUARY-MARCH 2009 IFPTE GO GREEN

Convention RepresentationARTICLE 12 of the Federation’s Constitution providesfor Convention representation as follows:

Section 12.2(b)All delegates from Locals to Federation Conventions shall

be elected by secret ballot. There shall be no proxy votingpermitted as part of the election of delegates. Except as pro-vided below, (1) delegates shall be elected on a separate bal-lot or ballot section, from any ballot used for any other pur-pose; and (2) no member may be considered a delegate byvirtue of election to, or holding, any other office in theirLocal, except by separate election. Locals may at their discre-tion, provide in their Local constitution/bylaws, that officerselected Local wide will be automatic delegates to the IFPTEConvention by virtue of having been elected to their office.If a Local elects this option, its constitution/bylaw provisionmust require that the ballot for such positions note specifi-cally that the position being voted for is “(Name of

Position/Delegate to the (___) IFPTE Convention).“ The offi-cer would only be an automatic delegate for the specificConventions noted in the blank on the foregoing statement.This delegate election option may only be used for specific“Officer/Delegates“ noted in the Local constitution/bylawsand may not be used for any other position in the Local.Allother delegates from Locals must be selected by separateelection as specified above on a separate ballot section. EachLocal union shall afford its membership reasonable opportu-nity to nominate candidates for delegates, and shall mail toeach member at his/her last known home address notice ofthe time and place at which elections of delegates are to beheld, such notice to be mailed not less than fifteen (15) daysprior to such election.

Section 12.2(c)Whenever a Local union determines to be represented at

Convention by proxy pursuant to the provision of Section12.16, any such proxy delegates shall be elected by secretballot and with due notice as provided above.

The International Federation of Professional and Technical Engineers, AFL-CIO & CLC,

will hold its 56th Convention at the Rio All-Suites Hotel and Casino in Las Vegas, Nevada

beginning at 8:30 A.M., Monday, August 10, 2009 and continuing in session from day-to-day

until the Business of the Convention is completed. It is anticipated that the

business of the Convention will not extend beyond August 13th.

[email protected] IFPTE JANAUARY-MARCH 20099

Section 12.2(d)At the opening of every Convention, the committee on cre-

dentials shall be furnished with evidence that this section hasbeen complied with.

Section 12.3The voting strength of this Federation shall be defined as

the total number of votes to which Local unions are entitledin the Convention. A quorum shall consist of not less thanone-third of the total voting strength of the Federation.Proxies shall not be included in such quorum.

Section 12.15(a)Local unions shall be entitled to delegates as follows:

MEMBERS DELEGATES75 or less 176 - 150 2151 - 250 3251 - 375 4376 - 525 5526 - 675 6676 - 825 7826 - 975 8976 - 1125 91126 - 1275 101276 - 1425 111426 - 1575 121576 - 1725 131726 - 1875 141876 - 2025 15over 2025 one additional delegate

for each 150 membersover 2025

Section 12.15(b)Local Unions need not vote as a unit in Conventions.Their

votes may be split evenly among the delegates; however, ifthere are an uneven number of votes within a delegation, adelegate may not cast a fractional vote.The delegation mustdecide how the uneven votes will be cast.

Section 12.15(c)Membership of Local unions for the purpose of computing

voting strength shall be determined by taking the average ofdue and paid per capita tax, including agency shop per capi-ta, as shown by the reports covering the six-month period upto but not including the month preceding that in which theConvention is opened; except as provided in Section 12.19,the voting strength of a Local union will correspond with thenumber of delegates to which it is entitled.

Section 12.16All Local unions beyond a radius of five hundred (500)

miles from the city in which the Convention is held may berepresented by proxy, and such Local unions within the fivehundred mile radius, which have a membership of less than30 members,may also be represented by proxy.

Section 12.17The delegates, alternates and proxies shall be elected

and the credentials of such delegates, alternates and prox-ies must be received by the Federation Headquarters notlater than two weeks prior to the opening day of the reg-ular Convention of this Federation. All credentials shallbe forwarded to the Local union and returned to theFederation by either registered or certified mailwith return receipt requested. Between Conventions,the Executive Council will establish a reasonable delegateregistration fee which must be paid by the delegate‘sLocal prior to the delegate being seated at theConvention. The amount of the fee will be announced inthe Convention Call. No delegate, alternate or proxywhose Local has not complied with this section will beseated at the Convention; provided, however, that theConvention by two-thirds vote may approve a departurefrom this procedure.Credentials must be received in the Federation Office not

later than July 27, 2009.Originals of the credentials are to begiven to the delegate and the duplicate(s) forwarded tothe Federation Office.

Section 12.18No Local union or person that has seceded or has been

suspended or expelled by this Federation or by any Localunion connected with this Federation shall,while under suchpenalty, be allowed representation or recognition in theConvention.

Section 12.19No Local union shall be entitled to representation unless

such organization has applied for and obtained a certificateof affiliation at least three months prior to the opening of theConvention.Any Local union which has obtained a certificateof affiliation, but which has not been affiliated long enoughto be able to compute the six months average membershipspecified in Section 12.15, shall be entitled to representationon the basis of the average paid-up membership on whichper capita tax has been paid for whatever portion of that sixmonths period it has been affiliated.The Convention repre-sentation of any affiliated Local union, which merges withanother affiliated Local union during the six-month periodspecified in Section 12.15, shall be calculated in the samemanner as a new affiliate under this section.

Section 12.20Delegates and proxies shall not be entitled to a seat in any

Convention unless their Local union is in good standing asspecified in Section 13.7(a) at least ten (10) days prior to theopening of the Convention.

Section 12.21Proxy votes are to be carried at the Convention only by a

duly authorized delegate or alternate of a Local union exceptthat proxy votes may not be cast in any vice president elec-tion by a delegate from another area.

10 JANUARY-MARCH 2009 IFPTE GO GREEN

Section 12.22No appointed full- or part-time representative or organizer

of the Federation,who is paid by the Federation, shall be per-mitted to cast proxy votes at a Convention.

Section 12.23Officers of the Federation attending Federation Conventions,

excluding any area vice president elected as a delegate from aLocal, shall be considered delegates-at-large and each shall beentitled to a vote, except in nominations and elections of offi-cers. Such delegates-at-large cannot carry proxy votes. TheSecretary-Treasurer shall initiate and submit credentials of dele-gates-at-large to the Convention credentials committee.

Section 12.24All delegates and their alternates shall be members in good

standing of their Local union and of the Federation.

ARTICLE 13 of the Federation’s Constitutionprovides as follows:Section 13.6(a)During strike action by one or more bargaining units of a

member Local, the obligation for per capita tax payments formembers of the affected bargaining unit or units will be sus-pended for any month during which the members have beenidled by strike for a minimum of fifteen (15) working days,andthat under these conditions the Convention voting strength ofa Local union shall be calculated based upon the formula pro-vided in Section 12.15, including credit for all per capita taxpayments that would have been due to the Federation had thepayments not been suspended as provided for above.

Convention Resolutions and Amendmentsto the IFPTE ConstitutionARTICLE 12 of the Federation’s Constitutionprovides as follows:Section 12.14To be considered, resolutions and constitutional amend-

ments shall be submitted to the Secretary-Treasurer in writ-ing, and must be postmarked no later than sixty (60) days(June 11,2009) preceding the opening day of the Convention;provided that such resolutions and constitutional amend-ments may be introduced thereafter upon two-thirds vote ofthe delegates present at the Convention, following distribu-tion to the delegates; and further provided that the ExecutiveCouncil and Convention Committees may introduce resolu-tions and constitutional amendments at any time withoutsuch two-thirds vote.All resolutions or constitutional amend-ments submitted prior to a Convention shall bear the signa-ture of the introducer and seal of the Local union he/she rep-resents, if such is the case.The Secretary-Treasurer shall pro-vide to each Local union copies of proposed resolutions, con-stitutional amendments and the rules adopted at the previousConvention, to be postmarked no later than forty (40) days(July 1, 2009) preceding the opening day of the Convention.

Manual of PoliciesThe Manual of Policies of the Federation will be revised to

include the substance of all resolutions adopted by the Fifty-Fifth Convention, as well as those actions taken by theFederation’s Executive Council, which appropriately may beconsidered as policy of the Federation.This revised Manual of Policies, which will be issued in

April 2009, should be carefully reviewed before resolutionsare drawn and submitted for consideration by the Fifty-SixthConvention in order that duplication of actions already takencan be avoided.

Per Capita Tax Increase Initiated by the Executive CouncilNotification by the Executive Council of their estimate of

the amount of any potential per capita tax increase shall bemade to the Local unions at least ninety (90) days (May 12,2009) prior to the convening of the Convention.

Convention HeadquartersThe Rio All-Suites Hotel and Casino, Las Vegas, Nevada has

been designated as Headquarters of the 56th IFPTEConvention.

RegistrationDelegates/Alternates may pre-register for the Convention

online at www.ifpte.org, or may register in person at the RioAll-Suites Hotel and Casino, Las Vegas, Nevada beginning at11:00 a.m. Sunday, August 9, 2009. In accordance withExecutive Council direction, each delegate/alternate in atten-dance at the 56th Convention will be charged a fee based onthe following schedule:

� $150 (pre-registration fee:April 1st through July 31st)� $175 (regular registration fee:August 1st through startof General Session)

In addition, a registration penalty of $1,500will be assessed oneach delegate/alternate who does not stay at or registerunder IFPTE’s room block at the Rio All-Suites Hotel andCasino and chooses accommodations at another hotel.

All registration fees will cover costs for registration, mate-rials, and the Convention Banquet.

The officers of the International Federation of Professionaland Technical Engineers are interested in a well-attendedConvention, and we urge that each Local union send its fullcompliment of delegates.

In Solidarity,

Paul Shearon,IFPTE Secretary-Treasurer

IFPTE CONVENTION CALL

[email protected] IFPTE JANAUARY-MARCH 200911

embers of the IFPTE’s newest Canadian bargainingunit are celebrating the achievement of their first col-lective agreement. Though getting it was an exceed-

ingly long haul, Local 160 leaders believe their new contractis much better than the usual “first” agreement.In May 2007, employees at the Ontario Energy Board

(OEB) voted for union representation with the Society ofEnergy Professionals/IFPTE Local 160.And after 13 months ofbargaining, the members overwhelmingly voted to ratifytheir first collective bargaining agreement.The OEB isthe entity responsible for regulating natural gasand electricity utilities, setting rates,and licens-ing in the electricity and natural gas sectors.The extended bargaining process initially

stalled because of a lack of meaningful actionand dialogue from Management.However, thebargaining team and employees’ collectiveaction and desire to gain a collective bargaining agreementfor their workplace triumphed in the end.“This is not a trivial accomplishment,”said bargaining team

member Edik Zwarenstein, as the bargaining team presentedthe agreement to members in mid-December. “Many of theprovisions in this contract are those of a mature bargainingrelationship, not a first collective agreement.”“We’re absolutely pleased and gratified at what our mem-

bers at the OEB have been able to achieve,” said SocietyPresident Rod Sheppard.Crucial to the last minute bargaining was an agreement

reached on contracting-out language,which had been a stickingpoint throughout the process. Management wanted to retainthe right to contract out, while the Society bargaining teamconsidered it a real threat to the viability of the bargaining unit.In the end,the parties agreed to consultation and reporting pro-cedures, satisfying all concerns.In addition, the bargaining team negotiated a new salary

grid for OEB employees.The salary grid will rise 3 percent,back-dated to April 1st, 2008; 2.75 percent on April 1st,2009; and 2.75 percent in 2010. Further, the employees nowhave a new salary progression grid comprised of 10 differentpay levels, thereby eliminating the OEB’s former random andarbitrary salary point system. Employees will be placed onthe grid based on their current assessed performance.Beginning the second and third years of this agreement,

each employee will get the yearly general salary increase,plusthe step increase of 3.3 percent,until they reach the top step.Employees at maximum pay levels are still eligible for a one-

time,non-pensionable merit payment of up to 10 percent;how-ever, this is increase is entirely at management’s discretion.All employees also are eligible for a one time corporate

incentive payment. Formerly based on a complex assessmentof personal performance that was largely distrusted byemployees, it will now be based entirely on the corporationmeeting externally audited corporate goals. A componentinvolving achievement of personal goals has been eliminated.

Depending on their salary scale, employees will get 4.5 to10.5 percent of their salaries in incentive payments,providedcorporate goals are met.The OEB’s policy on overtime—one-half hour’s pay for

every hour of overtime worked, for some—was abolished.From now on all employees will be paid time-and-a-half—double time on Sundays and statutory holidays. (Indeed,Management saw the wisdom of abolishing this policy beforebargaining was over, and had already implemented it.)The Society achieved significant and very popular gains in

vacation allotments and personal days. Gains were alsoachieved in health,dental, and vision benefits (with an end tothe premium paid for vision-care); hours of work and alter-native work arrangements; pregnancy and parental leaveincreases; joint development of a gender-neutral job evalua-tion system; a layoff procedure, and more.“For the bargaining team to get what they got for us, espe-

cially in this tough economic situation, they did one hell of ajob,” said member Stephen Shields.In a communiqué, Zwarenstein thanked the Society and

the IFPTE as a whole for the support it took to achieve hisLocal’s first collective agreement.

“The BargainingTeam of the Ontario Energy Board Local wish-es to express their appreciation to the Society Executive, Board,Delegates Council and all the staff of the Society and the IFPTEfor the tremendous support and advice we have received inmany ways throughout the 13 months of negotiation.The OEBLocal has achieved a first collective agreement which is compa-rable with the rest of the energy industry.The agreement…clar-ifies and improvesmanyworking conditions and benefits, andprovides an effective grievance procedure. It would not havebeen possible without a determined and involvedmembership,and the support we have received from all of you.”

Four years from first contact to first contract, the settle-ment was overwhelmingly ratified by 94.5%, with a 90%turnout of the members on January 13th 2009. OWritten by Brian Robinson, CommunicationsOfficer for Local 160 and Candace Rhett.

OEB Secures Its First AgreementM

OEB members listen as the bargainingteam discusses the specifics of theagreement at the ratification meeting.

12 JANUARY-MARCH 2009 IFPTE GO GREEN

Local 28 – Rocket ScientistWins Federal Idol ContestA rockin’ rocket scientist?We’ve got one in Local 28mem-

ber Paul Senick, a Program Manager at NASA Glenn ResearchCenter (GRC) in Cleveland, OH, who just happens to be thewinner of the first-ever Federal Idol Contest.Similar to its well-known namesake, the Federal Idol

Contest is a singing competition for federal employees heldin coordination with the North Coast Combined FederalCampaign (CFC), the annual federal government charitydrive. The contest drew contestants from Ohio, Michigan,Pennsylvania, New York, Kentucky, and Indiana, and was anincentive for donations during the CFC’s fundraising events.Paul was crowned Federal Idol on January 15th, but his

journey to Idol-dom began last May when a friend encour-aged him to audition.He left the music business in 2001 andonly considered returning after learning of the contest. So inJune, he auditioned at a television station in downtownCleveland.In mid-August, CFC committee members and entertain-

ment execs serving as Idol judges notified Paul about hisselection into theTop 20.At that point, he began resurrectingsongs he had written and performed with his former bands.In October,he was again notified that he made it into theTop10 and competed in November to advance to the next phaseof the contest. December came with notification that hewould be in theTop 5 to compete in the Federal Idol final.Paul won the top spot with his rendition of two classics:

Frank Sinatra’s ‘TheWayYou LookTonight’and John Lennon’s‘Imagine’.His prize: studio time to produce two songs with a

top production company. His other song selec-tions were a mix of standards, rock and his owncomposition including:‘Crying’ by Roy Orbison;‘RoadhouseBlues’ by The Doors; Bobby Darrin’s ‘Beyond the Sea’; and‘Firedance’, a song he wrote and recorded with his formerbands.A singer and songwriter since age 16, Paul is also a self-

taught guitarist. He honed his musical abilities while at theUniversity of Cincinnati; in fact, he considered music as amajor and even formed his first band in college.However,hislove of engineering and a rigorous academic schedule tem-porarily shelved his budding music career. Paul went on toreceive a Bachelor of Science in Aerospace Engineering.At GRC, he formed an acoustic band called Advocates.The

band eventually broke up, and Paul formed a rock bandcalled Wish that opened in 2001 for Moody Blues and BillySquire;Wish also released a cd. However, during that sameyear, personal reasons forced a departure from the musicbusiness.Paul,42,has been an employee at NASA GRC—and a mem-

ber of Local 28—since 1988, and he’s an Auxiliary Officerfor the Local, a position he’s held since 2002.He is the UpperStage Avionics Project Manager for Ares 1—the rocket slatedto replace the Space Shuttle in 2014—where he oversees itsfour electronic systems, the brains that fly the Ares rocket.Because of its success, CFC organizers may replicate the

Federal Idol Contest throughout the entire government duringthe charity’s next campaign.Congratulations on your win Paul!Check Paul’s music out at www.geocities.com/paulnwish.

International – GeorgianLabor Lawyer Visits IFPTEZaza Shvelidze, a labor lawyer with the Georgian Trade

Unions Confederation (GTUC) paid a visit to IFPTE to dis-cuss U.S. labor law and worker rights with IFPTE’s GeneralCounsel Julia Clark. Zaza, a visitor of the Solidarity Center, isfrom the country of Georgia, the only former Soviet nationin which the corrupt, ex-official “yellow” trade union hasbeen taken over by democratically-minded, pro-Westernreformers.The Solidarity Center is an arm of the AFL-CIO assisting

workers around the world who are struggling to build demo-cratic and independent trade unions.They also help men andwomen everywhere stand up for their rights and improvetheir living and working standards.The GTUC is an umbrellagroup of about 25 national branch unions in a wide range ofsectors and is the Solidarity Center’s main partner in Georgia.While Georgia’s 2003-04 Rose Revolution also removed

corrupt Soviet-era leadership from the national government,Paul Senick, a Program Manager at NASA Glenn Research Center, isalso a singer/songwriter and winner of the Federal Idol Contest.

AROUND THE

[email protected] IFPTE JANAUARY-MARCH 200913

the new regime, led by President MikheilSaakashvili, has pursued a right wing/neoliberal

agenda, which has created a challenging environment fortrade unions. With a fiercely anti-union/anti-worker laborcode, there is little political will to take up the interests oftrade unions or workers in what has emerged as essentiallya single-party system.Given this environment, the GTUC has focused its legal

efforts on defense of trade union rights in court, proposing anew labor code that is in line with European and interna-tional norms, and engaging with international agencies likethe International Labor Organization and others on theseissues.While their capacity to do this is limited, it is slowlyimproving.Shvelidze was interested in learning strategies to

defend trade union/worker rights through the adminis-trative law system or the courts, with a particular focuson the private sector. Clark discussed labor’s efforts in the

United States to pass the Employee Free Choice Act aswell as the role of lawyers in supporting organizingefforts. The latter was important for Shvelidze given theGTUC’s continued work to improve organizing capacitywithin its 25 unions.In addition to his role as GTUC staff attorney, Shvelidze is

both a lecturer and a doctoral candidate in the law facultyof Tbilisi State University. His trip to the US served dual pur-poses. Not only did he meet with IFPTE and lawyers fromother national unions, he also participated in a series oflabor law workshops at several US universities, includingColumbia, Brooklyn, Catholic, and Georgetown. O

Zaza Shvelidze(right), a laborlawyer withthe GeorgianTrade UnionsConfederation(GTUC), andAlex Feltham,ProgramOfficer withthe SolidarityCenter, visitIFPTE.

FEDERATION

International - CelebrateEarth Day, Sign Up forOUTLOOK Online

April 22nd marks the 39th anniversaryof the birth of the modern environmentalmovement. Earth Day began in 1970when millions of Americans demon-strated for a healthy, sustainable envi-ronment. Now a global event, Earth Dayis celebrated simultaneously around theglobe by people of all backgrounds, faithsand nationalities.Do your part for Earth Day and sign up to

receive your copy of the IFPTE OUTLOOK online.We’ve ‘gone green’ with our sole means of communica-tions to all members. Not only can we be more environ-mentally conscious in our decisions, but in the process,we can also save our members hard-earned duesmoney by putting the brakes on escalating printing andmailing costs. Changing the way we distribute it wouldimmediately free up resources that can be directlyapplied to other areas of representation for our mem-bers.So how does this work? Members can begin receiving

their issue of the IFPTE OUTLOOK magazine online whenthe next issue is published. It will be sent as a pdf documentand delivered to your designated email address. If you’d

like to receive the IFPTE OUTLOOK viaemail, simply follow the steps below.

1. Send your request, electronically,to [email protected]. Please include your name,

address, and Local number in thereply. In addition, please specify theemail address where you would liketo have the OUTLOOK delivered.3. Receive a confirmation email

stating that your request has beenreceived.Members who have submitted their

request can expect to receive their issue atthe beginning of every third month of each quar-

ter. It’s an easy change with big impact for our Union andthe environment. We can save precious resources—yourdues money and the environment—by drastically reduc-ing printing and mailing costs and sending your copy viaemail.In addition, members receiving the online version will get

even more content. By providing the OUTLOOK online, wecan link to other relevant information that our members willfind useful. This is impossible to do with the print version.For those who have signed up—IFPTE and Mother Earth

thanks you! We’ll keep looking for ways to save your duesmoney and our environment, and we hope you will help us.We’re changing–won’t you?

If the first two weeks of President Obama’stenure in office are any indication of thingsto come, Americans can expect a White

House that is dedicated to workers’ concerns.As of January 30th, President Obama has signed three pro-worker executive orders, created a task force dedicated tothe betterment of working families, invited labor leaders tothe White House twice to discuss the urgent issues facingworkers,and signed into law the Lilly Ledbetter Fair Pay Act.This all comes after eight previous years in which the headof the American labor movement was not invited to theWhite House one single time.Below is an account of President Obama’s actions on

behalf of workers during his first two weeks in office:

Signs Lilly Ledbetter FairPay Act on January 29thTo understand the significance of the Fair PayAct,

it is important to appreciate the history of LillyLedbetter.

Lilly Ledbetter worked as an overnight supervi-sor at Goodyear Tire and Rubber Company inAlabama for almost two decades. She beganworking for Goodyear in 1979, and duringher tenure with the company she was avictim of sexual harassment and dis-crimination. She detailed her career atGoodyear before Congress in 2007when she testified that, “Towardthe end of my career, I got thefeeling that maybe I was not get-ting paid as much as I should or as

much as the men.”1

Unfortunately, her hunch turned out to be reality.Even though she received a top performance award in

1996 and was considered a model employee of the com-pany, Lilly Ledbetter learned in 1998 that she had receivedsignificantly lower raises and had been paid much lessthan three of her male counterparts. Her wages were$3,727 per month, compared to her male colleagues whowere paid $4,286 to $5,236 per month. Ledbetter ulti-mately sued Goodyear and was initially awarded a $3.3 mil-lion award, which was later reduced to $300,000. As aresult, the case went to the Supreme Court in what is nowfamously known as Ledbetter v. Goodyear Tire & RubberCompany. In May, 2007 the Court ruled by 5-4 that she wasnot entitled to damages because she did not file her claimwithin 180 days after the first paycheck in which she suf-fered discrimination.Believing that the action of the Court set a dangerous prece-

dent, IFPTE, along with many in the labor community, turnedto Congress to pass legislation to fix the Supreme Court’serror.While the 110th Congress did all it could to pass legis-lation reversing the Court’s decision, the desires of worker-s’ advocates became reality at the start of the 111thCongress.The Senate, led by Senators Kennedy and Mikulski,quickly introduced the Lilly Ledbetter Fair Pay Act (S. 181).The bill corrected the 2007 Supreme Court decision by return-ing the law on pay discrimination cases back to the status quo.The legislation restores the right of workers to file wage dis-crimination complaints when they discover them,whether itbe six months from the time it occurred,or in the case of LillyLedbetter, twenty years later.IFPTE President Gregory Junemann wrote a letter to the

Senate in support of the legislation, asking lawmakers to,“vote to support this critically important bill,” and preserve“the intent of the Equal Pay Act of 1963.”The Senate heed-ed the calls of IFPTE and the broader labor communitywith a bipartisan vote of 61-36 on January 22nd in supportof the bill.The House followed suit five days later by pass-ing the bill on a 250-177 vote, sending it to PresidentObama’s desk for final approval. President Obama formallyapproved it at a January 29th White House signing cere-mony, saying that, “In signing this bill today, I intend tosend a clear message: That making our economy workmeans making sure it works for everyone.That there are nosecond class citizens in our workplaces, and that it’s notjust unfair and illegal, but bad for business, to pay someoneless because of their gender, age, race, ethnicity, religionor disability.” The Lilly Ledbetter bill is the first law

approved by President Obama.

By Matthew Biggs,Legislative Director

LEGISL

Obama Administration Hits the Grou

14 JANUARY-MARCH 2009 IFPTE GO GREEN

[email protected] IFPTE JANAUARY-MARCH 200915

ATIVE

und Running in Support of WorkersWorking Families Task-Force, &Three Pro-Worker Executive OrdersThe following day, on January 30th, President Obama,

along with Vice President Biden, again invited labor leadersto the White House to announce the creation of the firstever White House Task Force on Middle-Class WorkingFamilies.This cabinet level task force is to be chaired byVicePresident Biden and comprised of government agency lead-ers that have jurisdiction over issues impacting Americanworkers. It is tasked with rebuilding America’s middle-classby working to implement policies geared toward raising theliving standards of working families. Its goals are clear: torestore workplace and labor standards, protect and increasemiddle-class incomes, expand education and lifelong train-ing opportunities, and safeguard and build pensions andretirement security.In reflecting on past years of neglect of working family con-

cerns, Vice President Biden made clear during the January30th signing ceremony that achieving the task force’s missionwill be a top goal of the Obama Administration.

The Vice President said,“For too many years we’ve had aWhite House that failed to put America’s middle class at thefront and center of its economic policies,” and that the cre-ation of the task force sends“a clear signal to everyone in thiscountry who goes to work without expecting public acclaimof big bonuses…the peopleTeddy Roosevelt called the‘doersof deeds’…we are on your side.”Along with the creation of the task force, President Obama

signed three executive orders aimed at quickly reversing someof the policies of the past Administration.The executive orderswill provide protections to workers employed by federal gov-ernment contractors. It is also widely expected that these exec-utive orders are just the start of what is expected to be morepolicy reversals of the past Administration’s anti-worker agen-da.These executive orders will require federal contractors to:

� Post a notice of employee rights as stipulated by theNational Labor Relations Act, particularly the right tocollectively bargain;

� Offer jobs to current workers when contracts change,and;

� Not expend any taxpayer funded monies for the pur-poses of hiring union busting companies to intimidateworkers from freely choosing to collectively bargain.

Also during the signing ceremony, President Obamamade it clear that he stands with working men and women,and with those who represent them. President Obama said,“We need to reverse many of the policies toward organizedlabor we’ve seen these last eight years, policies with whichI have sharply disagreed. I do not view the labor movementas part of the problem; to me, and to my administration,labor unions are a big part of the solution.We need to levelthe playing field for workers and the unions that representtheir interests.”IFPTE, which represents thousands of workers

employed by federal government contractors, respondedin kind to the remarks of President Obama. IFPTEPresident Junemann issued this statement: “It certainly isrefreshing to know that the White House is once againwelcoming to working Americans. IFPTE applaudsPresident Obama and Vice President Biden on today’s sign-ing of the three critically important Executive Orders tobring back concrete protections to those workersemployed by federal government contractors. IFPTE alsowelcomes President Obama’s creation of the Task Forceon Middle-Class Working Families. We are confident thatunder the leadership of Vice President Biden that this taskforce will move quickly in identifying and implementingremedies aimed at providing relief to working Americansand rebuilding the middle-class.”Workers can provide input and ideas about the economy,

and track the work of the task force by accessing their web-page at www.astrongmiddleclass.gov.

Buy America Provisions NotHarmful to Canadian WorkersIFPTE wanted to highlight the recent Economic Policy

Institute report that debunks the belief that BuyAmerica pro-visions in the recently enacted economic stimulus bill harmCanadian workers. The full report can be found atwww.epi.org. O

1Lilly Ledbetter, Testimony before the House Subcommitteeon the Constitution, Civil Rights, and Civil Liberties, June28, 2007

“We need to reverse many of thepolicies toward organized labor

we’ve seen these last eight years,policies with which I have sharplydisagreed. I do not view the labor

movement as part of the problem; tome, and to my administration, labor

unions are a big part of the solution.”—President Barack Obama