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November 5, 2009
- CWA Takes on Verizon Over FMLA Abuses
- Big Breakthrough: NMB Proposes Majority Vote for
Airline Worker Elections
- Obama DOL Wins $1.2 Million for Puerto Rico Workers
- Online Auction Aids Flight Attendants in Need
- Employee Free Choice is Major League
- NY Dish Network Techs, West VA ABC Officers Join CWA
- CWA Member Wins Reelection to Detroit City Council
- In Maryland, Verizon Wants a Sweet Deal at Consumers'
Expense
CWA Takes on Verizon Over FMLA Abuses
CWA has filed a lawsuit charging Verizon Communications with
denying workers the rights and protections of the Family and
Medical Leave Act. The class action lawsuit covers Verizon
workers in Districts 1, 2 and 13.
CWA and individual workers have laid out extensive complaints
against Verizon. “Verizon has created a number of
arbitrary administrative procedures that it requires workers to
follow if they want to be certified for FMLA, but these
procedures are not a part of the FMLA law. They shouldn’t
be used to deny workers their rightful FMLA benefits, but
that’s exactly what Verizon is doing,” said CWA
General Counsel Mary O’Melveny.
FMLA provides workers at companies with 50 or more employees
with up to 12 weeks of unpaid leave per year for the birth or
adoption of a child; care of a spouse, parent or a child under
18 for a serious health condition; care of a child over 18 with
mental or physical disabilities, and an employee’s own
illness.
Verizon’s policies are a real Catch-22:
- If a worker followed verbal instructions from the
company’s absence reporting center, and those instructions
were wrong, though the worker didn’t know it, the claim is
denied.
- If a worker couldn’t file the full report on time,
because her doctor was on vacation or unavailable, the claim is
denied. If another physician in the same office completed the
report, but didn’t spell out the relationship between the
two medical providers, the claim is denied.
- If information was missing from the claim, for example, the
doctor’s office didn’t complete an item, the claim
is denied.
- If a supervisor makes an error in reporting a workers’
claim, it’s denied.
At Verizon, as far as FMLA is concerned, once a claim is
denied twice, a worker loses her FMLA rights.
Big Breakthrough: NMB Proposes Majority Vote for Airline
Worker Elections
The National Mediation Board this week proposed a rule change
to bring real democracy to union elections in the airline and
railroad industries.
Under the NMB proposal, workers would vote either "Yes" or
"No" in a union representation election. The outcome would be
determined by a majority of votes cast, just as elections for
public office now are conducted.
Under the current NMB rules, workers can only win union
representation if a majority of eligible workers vote and a
majority of those voters want a union voice. Workers who don't
participate are considered "No" votes.
The NMB's two-member majority called the current system
undemocratic. "Few if any democratic elections are conducted in
this manner," the NMB said. "In our society, free choice is
expressed on the basis of a majority of valid votes cast in an
election. The wishes of those who take the time and trouble to
cast ballots" should not be superseded by those who chose not to
participate, it added.
The current system has encouraged airlines to engage in
intimidation and coercive tactics to suppress turnout and keep
workers from exercising their right to vote during union
elections.
The rule change was praised by AFA-CWA President Patricia
Friend. Employees seeking a union will now have the opportunity
to have a chance for truly fair elections," Friend said. "They
are excited for the opportunity for their voices and votes to be
counted."
AFA-CWA has been working with flight attendants at the merged
Northwest Delta Airlines to help bring union representation to
the airline's 21,000 flight attendants. "Now that the NMB has
announced that, for the first time in recent years, airline
employees seeking union representation will have a chance for
truly fair elections, flight attendants at Northwest and Delta
are excited for that opportunity," Friend said. "As the largest
private sector union election this year, we want this election
at Delta Air Lines to occur under the new democratic procedures
and therefore are withdrawing our single transportation
application" that would trigger a union election. The NMB will
issue its final rule after a 60-day public comment period.
Obama DOL Wins $1.2 Million for Puerto Rico Workers
When a Puerto Rico newspaper publisher raided the union
workers' retirement fund, the Bush administration didn't do
much. But under President Obama's Labor Department,
workers will get most of their money back.
DOL lawyers went to U.S. federal court on behalf of the El
Vocero workers and won a $1.28 million settlement that restores
most of the funds that were taken, as well as promised employer
contributions that were not made between 2003 and 2006.
"What a difference a presidential election makes," said
Bernie Lunzer, president of The Newspaper Guild-CWA, which
represents the workers through UPAGRA.
"During the Bush years, the Department of Labor tried to
get our members to agree to a $600,000 settlement, less than
half of what they are owed, Lunzer said. "Now, under the
leadership of President Obama and Labor Secretary Hilda Solis,
we're a lot closer to the justice that they deserve."
Publisher Miguel Roca has kept up his dirty tricks. Since
July, he has pushed more than 100 workers out of their jobs,
replacing them with non-union employees who are being paid with
U.S. stimulus dollars. Local mayors and Puerto Rico's labor
secretary are channeling the taxpayer funds to Roca, according
to a paper trail that union leaders have unraveled.
CWA is aiding the UPAGRA members with funds set aside to
support collective bargaining strategies. The union is
continuing its mass pickets and gets a permit once a week to
shut down the streets in front of the newspaper's San Juan
offices.
Online Auction Aids Flight Attendants in Need
The Pegasus Project "Heroes of the Heart" Online Holiday
Charity Auction is open for bids from now through Nov. 30.
This AFA-CWA project helps raise funds to provide a financial
lifeline for flight attendants facing a critical,
life-threatening illness or disabling injury through an online
auction of fabulous gifts, art, exotic travel and many other
items.
All funds raised go the Pegasus Project, which provides
short-term emergency grants to critically ill or injured flight
attendants represented by AFA-CWA.
Sheila Dail and Doreen Welsh, AFA-CWA's own "Heroes on the
Hudson" and members of the US Airways flight 1549 crew, are this
year's Pegasus Project spokespersons.
"In a single moment one's life can change forever. A routine
doctor's visit results in a cancer diagnosis, a short drive to
the store ends in a horrific accident that restricts you from
working for many months, or, like us, your plane makes an
emergency landing on the Hudson River after striking a flock of
birds," they said.
Please support our cause and be "a Hero of the Heart to
Flight Attendants in need," they said.
Click here to donate unique items or check out
items for bid.
Employee Free Choice is Major League
No matter who you liked in the World Series, one thing is
clear. Major League baseball players are on the side of working
women and men when it comes to Employee Free Choice. This ad,
which ran in national newspapers, featured baseball players who
believe all Americans should have the same opportunity they've
had—to be able to join a union without being fired and to
negotiate with their employers without being penalized.
Playing by the rules matters, in baseball and on the job.
NY Dish
Network Techs, West VA ABC Officers Join CWA
Technicians at Dish Network in Queens, N.Y. and enforcement
officers from the West Virginia Alcohol Beverage Control
administration have won CWA representation.
More than 60 Dish Network technicians beat back a strong
anti-union campaign to win representation with CWA Local 1106 in
an NLRB election. Dish management illegally conducted
captive-audience meetings less than 24 hours before the election
and also promised workers a big raise if they voted "no." The
Dish techs were assisted by Local 1106 President Tony Caudullo
and Vice President Jerry Bulzomi.
In West Virginia, 30 enforcement officers at the state's
Alcohol Beverage Control administration won representation with
CWA Local 2001. The ABC workers wanted the same kind of
professional representation that CWA-represented West Virginia
state troopers have, and chose CWA. CWA represents more than
1,600 correctional and juvenile services' support staff and
officers in West Virginia. The workers were assisted by Local
2001 and District 2 Staff Representative Elaine Harris.
CWA Member Wins Reelection to Detroit City Council
In Detroit, Brenda Jones, a member of CWA Local 4004, was
re-elected to the City Council. The former local union president
has been a strong advocate for working families in the city
since she was first elected to the post in 2005.
Union leaders and members from CWA Locals 4100 and 4004
provided strong support for her re-election bid, especially at
rallies and in get-out-the-vote actions on Election Day. Jones
also had strong backing from CWA's Minority Caucus, members of
the United Auto Workers and AFSCME, and the Detroit AFL-CIO.
In Maryland, Verizon Wants a Sweet Deal at Consumers'
Expense
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| CWA's ad in the Baltimore Sun reminded
regulators that Verizon should be required to meet service
quality
standards. |
CWAers, community activists, consumer groups and others want
the Maryland Public Service Commission to say yes to quality
service for Maryland telephone customers and no to Verizon's
attempt to avoid service standards for residential customers.
This week in Baltimore, the Maryland PSC held a two-day
hearing on whether to accept a deal that would let Verizon
continue its record of missed service appointments and delays
for Maryland residents and even raise telephone rates.
CWA District 2 Vice President Ron Collins said CWA was
working with state officials to require Verizon to meet quality
service standards and not agree to a deal that is "good for
Verizon but bad for Maryland."
Go to Contactmdpsc.org and tell the Maryland
regulators: Reject this deal and tell Verizon to clean up its
act.
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