8
An Injury To One Is An Injury To All! VOL. 112 NO. 8 OCTOBER 11, 2006 WEDNESDAY (ISSN 0023-6667) See Supervisor...page 7 September 26 was declared “Judge Gerald Heaney Day” in Minnesota by Attorney General Mike Hatch. Recently retired from the U.S. 8th Circuit Court of Appeals, Judge Heaney, center, was also that day presented with a lifetime membership in the International Brotherhood of Electrical Workers for his efforts in establishing fringe benefit funds for Locals 31 and 242. He was presented the award by IBEW International Representative Jim Dahlberg, and his son, Bill, Legislative Rep. for the IBEW State Council. CC/N rally Mon., Oct. 23 A Workers’ Rights Rally in support of the card check/neutrality (CC/N), or labor peace, ordinance, has been scheduled for noon, Monday, Oct. 23 in the Civic Center. The Duluth City Council is expected to vote on a CC/N ordinance that evening. “We hope our friends in labor, our community partners, and politicians will join us for the rally and in City Council chambers that evening at 7:00,” said UNITE HERE Local 99 President Todd Erickson. “It’s important that we show support at noon and fill chambers in the evening so coun- cilors can vote to help low-wage workers who are being left out of the economic development picture.” NLRB “supervisor” ruling will bar millions from labor law coverage Stover brings card check/neutrality back decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to include some of the lowest-level work- Sweeney said of the main rul- ing, Oakwood Healthcare Inc. vs. UAW. Calculations of the number of workers deprived of rights range from 8 million to 34 million. Quoting the dissenters, Sweeney added the Bush- named majority’s rulings “threaten to create a new class of workers under labor law: Workers who have neither gen- uine prerogatives of manage- ment, nor the statutory rights of ordinary employees. In that category may fall most profes- sionals--among many other workers--who by 2012 could number almost 34 million, accounting for 23.3 percent of the workforce.” Union leaders blamed not just the board, but the anti- worker GOP president also David Cohen, an AFL-CIO Department for Professional Employees attorney who worked on the cases, cited that 34 million number and told Press Associates: “Profes- sionals usually vote. When they vote this November, they should remember who appoint- ed the people who made this By Mark Gruenberg PAI Staff Writer WASHINGTON (PAI)--By a 3-2 vote on party lines, the Bush-appointed GOP majority on the National Labor Rela- tions Board expanded the defi- nition of who is a “supervisor,” throwing millions of workers out from under labor law cov- erage. The Kentucky River cases ruling on Oct. 3 were widely awaited by unions and man- agement. The AFL-CIO led a protest march to the board’s offices earlier this year, urging its members not to deprive workers--union and non-union --of their labor law rights. Federation president John J. Sweeney and other leaders blasted the rulings, while the California Nurses Association said 30,000 of its members had signed strike authorization cards should their hospitals try to impose the rulings on them, stripping their right to unionize and declaring them supervi- sors. “While the Supreme Court’s (Kentucky River) deci- sion cracks open the door to a redefinition of who is a super- visor, the decision by the NLRB virtually kicks it in,” UNITE HERE Local 99 is taking another run at a labor peace ordinance, also called card check/neutrality (CC/N), in the City of Duluth. Councilor Russ Stover is carrying the ordinance that says if a developer wants to ask the city for taxpayers’ financial assistance for a project, then employees of the completed project must be allowed to make a decision about whether or not they want to unionize by a simple card signing measure. “It’s really a matter of choice,” said UNITE HERE 99 President Todd Erickson. “If an employer chooses to take gov- ernment money, they should give their employees the choice of joining a union.” Some would call it bringing a sense of fairness to the corpo- rate welfare that has benefited the rich and business interests here, but has left low-wage workers out of the picture. Most of the tax increment financing (TIF) money from the city’s economic develop- ment coffers has gone toward low-wage, tourist industry developments like hotels and restaurants. CC/N is a tenet in the Em- ployees Free Choice Act that is moving in Congress. It has about half the House and Senate co-sponsoring it. In many communities throughout the country CC/N has been used effectively to bypass the employer-biased National Labor Relations Board union election process. The NLRB and employers have made union busting a huge business in this country. Business employs them to hammer on employees in cap- tive audience meetings to scare them from voting for a union. CC/N allows workers to make their decision free of intimidation and uses an inde- pendent third party to count cards. When Duluth was working on its living wage ordinance in 1999, the council passed it with CC/N, but Mayor Gary Doty vetoes it. He signed the ordinance when the CC/N lan- guage was removed. Mayor Herb Bergson has stated publically that he is in favor of CC/N. “We’ve had a lot of meet- ings with councilors and had a very good response,” said Erickson. “Stover, Greg Gilbert, Laurie Johnson, Russ Stewart, and Roger Reinert are supportive. Garry Krause said if it is legal he would vote for it so that depends on the opin- ion of City Attorney Brian Brown, I guess. We’ve met with Don Ness also, whose boss, Congressman Jim Oberstar supports EFCA.” Erickson said the former owner of the India Palace and Will Munger of the Munger Inn had signed CC/N agree- ments with UNITE HERE. “Employees of the Munger Inn had voted 3 to 2 against having a union, and we respect their choice,” said Erickson. U.S. Senate Herb Kohl U.S. House Dist. 7~Dave Obey WISCONSIN Governor/Lt. Gov . Jim Doyle/Barbara Lawton Attorney General Kathleen Falk Secretary of State Doug La Follette T reasurer Dawn Marie Sass WIS. Senate District 25 Bob Jauch District 29 Russ Decker WIS. Assembly District 28 Ann Hraychuck District 73 Frank Boyle District 74 Gary Sherman District 75 Mary Hubler District 87 Dewey Floberg PLEASE VOTE Tuesday, Nov. 7 WISAFL-CIO Endorsed Candidates www.wisaflcio.org U.S. Senate Amy Klobuchar U.S. House Dist. 8~Jim Oberstar MINNESOTA Governor/Lt. Gov . Mike Hatch/Judi Dutcher Attorney General Lori Swanson Secretary of State Mark Ritchie Auditor Rebecca Otto MN. Legislature District 3 Senate--Tom Saxhaug 3A--Tom Anzelc 3B--Loren Solberg District 4 Senate--Mary Olson 4A--Frank Moe District 5 Senate--Dave Tomassoni 5A--Tom Rukavina 5B--Tony Sertich District 6 Senate--Tom Bakk 6A--David Dill 6B--Mary Murphy District 7 Senate-- Yvonne Prettner Solon 7A--Tom Huntley 7B--Mike Jaros District 8 Senate--Tony Lourey 8A--Bill Hilty 8B--Tim Faust St. Louis County Commissioner Dist. 1 Frank Jewell PLEASE VOTE Tuesday, Nov. 7 MNAFL-CIO Endorsed Candidates www.mnaflcio.org

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Page 1: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

AAnn IInnjjuurryy TToo OOnnee IIss AAnn IInnjjuurryy TToo AAllll!!VOL. 112

NO. 8OCTOBER 11, 2006WEDNESDAY

(ISSN 0023-6667)

See Supervisor...page 7

September 26 was declared “Judge Gerald Heaney Day” inMinnesota by Attorney General Mike Hatch. Recentlyretired from the U.S. 8th Circuit Court of Appeals, JudgeHeaney, center, was also that day presented with a lifetimemembership in the International Brotherhood of ElectricalWorkers for his efforts in establishing fringe benefit fundsfor Locals 31 and 242. He was presented the award byIBEW International Representative Jim Dahlberg, and hisson, Bill, Legislative Rep. for the IBEW State Council.

CC/N rally Mon., Oct. 23A Workers’ Rights Rally in support of the card

check/neutrality (CC/N), or labor peace, ordinance, hasbeen scheduled for noon, Monday, Oct. 23 in the CivicCenter. The Duluth City Council is expected to vote on aCC/N ordinance that evening.

“We hope our friends in labor, our community partners,and politicians will join us for the rally and in City Councilchambers that evening at 7:00,” said UNITE HERE Local99 President Todd Erickson. “It’s important that we showsupport at noon and fill chambers in the evening so coun-cilors can vote to help low-wage workers who are beingleft out of the economic development picture.”

NLRB “supervisor” ruling will bar millions from labor law coverage

Stover brings card check/neutrality back

decision,” Bush and the GOP.Management anticipated a

board decision that woulddefine supervisors to includesome of the lowest-level work-

Sweeney said of the main rul-ing, Oakwood Healthcare Inc.vs. UAW. Calculations of thenumber of workers deprived ofrights range from 8 million to34 million.

Quoting the dissenters,Sweeney added the Bush-named majority’s rulings“threaten to create a new classof workers under labor law:Workers who have neither gen-uine prerogatives of manage-ment, nor the statutory rights ofordinary employees. In thatcategory may fall most profes-sionals--among many otherworkers--who by 2012 couldnumber almost 34 million,accounting for 23.3 percent ofthe workforce.”

Union leaders blamed notjust the board, but the anti-worker GOP president also

David Cohen, an AFL-CIODepartment for ProfessionalEmployees attorney whoworked on the cases, cited that34 million number and toldPress Associates: “Profes-sionals usually vote. Whenthey vote this November, theyshould remember who appoint-ed the people who made this

By Mark GruenbergPAI Staff WriterWASHINGTON (PAI)--By

a 3-2 vote on party lines, theBush-appointed GOP majorityon the National Labor Rela-tions Board expanded the defi-nition of who is a “supervisor,”throwing millions of workersout from under labor law cov-erage.

The Kentucky River casesruling on Oct. 3 were widelyawaited by unions and man-agement. The AFL-CIO led aprotest march to the board’soffices earlier this year, urgingits members not to depriveworkers--union and non-union--of their labor law rights.

Federation president John J.Sweeney and other leadersblasted the rulings, while theCalifornia Nurses Associationsaid 30,000 of its members hadsigned strike authorizationcards should their hospitals tryto impose the rulings on them,stripping their right to unionizeand declaring them supervi-sors.

“While the SupremeCourt’s (Kentucky River) deci-sion cracks open the door to aredefinition of who is a super-visor, the decision by theNLRB virtually kicks it in,”

UNITE HERE Local 99 istaking another run at a laborpeace ordinance, also calledcard check/neutrality (CC/N),in the City of Duluth.

Councilor Russ Stover iscarrying the ordinance thatsays if a developer wants to askthe city for taxpayers’ financialassistance for a project, thenemployees of the completedproject must be allowed tomake a decision about whetheror not they want to unionize bya simple card signing measure.

“It’s really a matter ofchoice,” said UNITE HERE 99President Todd Erickson. “If anemployer chooses to take gov-ernment money, they shouldgive their employees thechoice of joining a union.”

Some would call it bringinga sense of fairness to the corpo-rate welfare that has benefitedthe rich and business interests

here, but has left low-wageworkers out of the picture.Most of the tax incrementfinancing (TIF) money fromthe city’s economic develop-ment coffers has gone towardlow-wage, tourist industrydevelopments like hotels andrestaurants.

CC/N is a tenet in the Em-ployees Free Choice Act that ismoving in Congress. It hasabout half the House andSenate co-sponsoring it.

In many communitiesthroughout the country CC/Nhas been used effectively tobypass the employer-biasedNational Labor RelationsBoard union election process.The NLRB and employershave made union busting ahuge business in this country.Business employs them tohammer on employees in cap-tive audience meetings to scare

them from voting for a union.CC/N allows workers to

make their decision free ofintimidation and uses an inde-pendent third party to countcards.

When Duluth was workingon its living wage ordinance in1999, the council passed itwith CC/N, but Mayor GaryDoty vetoes it. He signed theordinance when the CC/N lan-guage was removed.

Mayor Herb Bergson hasstated publically that he is infavor of CC/N.

“We’ve had a lot of meet-ings with councilors and had avery good response,” saidErickson. “Stover, GregGilbert, Laurie Johnson, RussStewart, and Roger Reinert aresupportive. Garry Krause saidif it is legal he would vote forit so that depends on the opin-ion of City Attorney BrianBrown, I guess. We’ve metwith Don Ness also, whoseboss, Congressman JimOberstar supports EFCA.”

Erickson said the formerowner of the India Palace andWill Munger of the MungerInn had signed CC/N agree-ments with UNITE HERE.

“Employees of the MungerInn had voted 3 to 2 againsthaving a union, and we respecttheir choice,” said Erickson.

U.S. SenateHerb Kohl

U.S. HouseDist. 7~Dave Obey

WISCONSINGovernor/Lt. Gov.

Jim Doyle/Barbara LawtonAttorney General

Kathleen FalkSecretary of State

Doug La FolletteTreasurer

Dawn Marie Sass

WIS. SenateDistrict 25

Bob Jauch District 29Russ Decker

WIS. AssemblyDistrict 28

Ann HraychuckDistrict 73Frank Boyle

District 74Gary ShermanDistrict 75Mary HublerDistrict 87Dewey Floberg

PLEASE VOTETuesday, Nov. 7

WISAFL-CIO Endorsed

Candidateswww.wisaflcio.org

U.S. SenateAmy Klobuchar

U.S. HouseDist. 8~Jim Oberstar

MINNESOTAGovernor/Lt. Gov.

Mike Hatch/Judi DutcherAttorney General

Lori SwansonSecretary of State

Mark RitchieAuditor

Rebecca Otto

MN. LegislatureDistrict 3

Senate--Tom Saxhaug3A--Tom Anzelc

3B--Loren Solberg District 4

Senate--Mary Olson4A--Frank MoeDistrict 5

Senate--Dave Tomassoni5A--Tom Rukavina5B--Tony Sertich

District 6Senate--Tom Bakk

6A--David Dill6B--Mary Murphy

District 7Senate--

Yvonne Prettner Solon7A--Tom Huntley7B--Mike JarosDistrict 8

Senate--Tony Lourey 8A--Bill Hilty8B--Tim Faust

St. Louis CountyCommissioner Dist. 1

Frank Jewell

PLEASE VOTETuesday, Nov. 7

MNAFL-CIO Endorsed

Candidateswww.mnaflcio.org

Page 2: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

Frustrated city bargaining units offer huge concessions, but still forced to mediationUnions have always re-

frained from negotiating theircontracts in public, but threeCity of Duluth bargaining unitshave been forced into doingjust that out of frustration.

Well, it should be addedthat their health care packageshave been targeted and negoti-ating sessions have actuallybeen attended by the media.

But yesterday, AFSCMELocal 66, Fire Fighters Local101, and the Duluth PoliceUnion, called a press confer-ence in City Hall to say theyhave exceeded the health careconcessions that have beenasked of their members andstill not gotten anywhere at thebargaining table on contractsthat expire at the end of theyear.

They’ve filed for media-tion. Firefighters filed Friday.AFSCME filed Monday.

The City of Duluth negoti-ated in good faith to provideretiree health care insurancebut never set money aside to

pay for it. It’s been portrayedas the unions’ and retirees’fault ever since. An unfundedliability for retirees’ coverageis estimated at $300 million,which has allowed the city tonegotiate in public as citizensare threatened with utility rateincreases and even the city’sbankruptcy to fund it.

The city created a RetireesHealth Care Task Force thatcame up with 14 recommenda-tions last December. Many ofthose recommendations hadbeen offered up by the unionsin the past and the recommen-dations have been embraced bythem.

At Tuesday’s press confer-ence, Ken Loeffler-Kemp, anAFSCME Council 5 field rep-resentative, said three unionshave far exceeded health careconcessions asked of them.

“Police, Firefighters andAFSCME have presented aproposal, that, according toVan Iwaarden, the City’s actu-arial firm, provides more than

twice the amount of conces-sions,” said Loeffler-Kemp.“That’s a reduction in the lia-bility of $88.8 million dollarscompared to the $43 millionrequested by the Task Force.”

In addition the unionsoffered health care cost reduc-tions through employees andretirees sharing in the cost ofpremiums and increased out-of-pocket costs includingdeductibles and co-pays.

Retirees have stated that nobargaining units have the rightto do any negotiating for them.Any changes would probablybe time sensitive for when cur-rent employees retire, or forfuture hires.

The two other bargainingunits are the Supervisors andthe five-member Confidentialunit. Supervisors have anagreement.

Because of the slow pace ofnegotiations and stalling tac-tics by city administrators,negotiations will now be han-dled by the state’s Bureau ofMediation Services. There isno cost for the sessions andthey will undoubtedly be han-dled in private now.

The three unions haveoffered to have one health plan

Save Nov. 10A publication party for the

release of a new book, “By theOre Docks: A WorkingPeople’s History of Duluth” byDr. Richard Hudelson and CarlRoss is being planned forFriday, Nov. 10 at 7:00 p.m. inthe Labor Temple.

The Sampo Brass Band,poet Bart Sutter, a slide show,and refreshments will precedea discussion of the book.

For more visit http://www.upress.umn.edu/Books/H/hudelson_by.html.

Nominate your favorite teacherEveryone remembers their favorite teacher or the teacher that

was so important in the development of their child. That teachermotivated and inspired students for a lifetime and should benominated for Minnesota Teacher of the Year.

Nominations are now open and will be accepted until Nov.15. A form is available at www.educationminnesota.org.

Teachers can work public or non-public Pre-K through 12thgrade. They must hold a baccalaureate degree and a Minnesotateaching license. They must have completed three years ofteaching and intend to teach during the 2007-2008 school year.

The 2007 Teacher of the Year will be announced May 6 andbe eligible for National Teacher of the Year. Minnesota is sec-ond behind California with four National Teachers of the Year.

See “Wellstone!” the playJust in time for the fall election and a boost to voter turnout,

St. Paul’s History Theatre held a premiere for the play“Wellstone!” Oct. 7th.

Written by Mark Rosenwinkel with music and lyrics byMinnesota folksinger Larry Long, the play brings the passion ofthe late U.S. Senator to the stage. The play is not a musical, buta play with music. Long was a dear friend of the Wellstonessince the 1970s, when they met in support of central Minnesotafarmers fighting a high voltage powerline. Wellstone quotedLong’s songs in his book, “Powerline.” Long co-wroteWellstone’s campaign song, “Stand Up, Keep Fighting.”

Kris L. Nelson, whose credits include many Guthrie Theatreproductions, plays the lead role. Amy McDonald plays SheilaWellstone, and Philip L. Callen plays The Man, all other maleroles including Paul’s father, Rudy Boschwitz, and NormColeman.

Performances run through Sunday, Nov. 5 at the downtownSt. Paul History Theatre, 30 E. Tenth St. Tickets are $25 to $32.For information or to reserve tickets, call 651-292-4323, or visitwww.historytheatre.org.

Vote Tony Lourey # Vote DFL• EDUCATION—Tony Lourey will fight for the support our schools

deserve, so students can have small class sizes and first-rate

programs—without shifting the burden on to property taxes.

• HEALTH CARE—Tony Lourey will work to find solutions to the

skyrocketing costs of health care, so all Minnesotans can get the

health care they need.

• JOBS—As a business-owner, Tony Lourey knows we must

strengthen our local economy so businesses thrive and workers

can find good-paying jobs.

Paid for by Tony Lourey for Senate; Tony Bundschuh, Treas.; Bruno, MN 55712

Vote Nov. 7 for State Senate

yLoureTonyonyDFL/Labor Endorsed

for State Senate

DFL/Labor Endorsed

PAGE 2 LABOR WORLD NEWS, WEDNESDAY, OCTOBER 11, 2006

Concerned about personal relationships, emotional difficulties, alcohol or drug abuse, or other problems? The Community Services Program sponsored by the

Duluth AFL-CIO Central Labor Body and the United Way ofGreater Duluth can help. If you need to talk Call 728-1779.

Community Services ProgramDuluth Labor Temple

2002 London Road, Room 94Yvonne Harvey, Director

Need Help?

Members of three of the City of Duluth’s five bargainingunits addressed the media yesterday to talk about frustra-tions with negotiations on their contracts that expire at theend of the year. Jon Haataja, far left, of the Police Union,Erik Simonson, next to him, of the Fire Fighters, and at thepodium, Ken Loeffler-Kemp, an AFSCME rep., said at thenegotiating table the unions have far exceeded what hasbeen asked of them by the city’s Retiree Health Care TaskForce. In fact they’ve submitted a proposal with twice theamount of concessions that had been asked of them.

This poster at Tuesday’s press conference made the point.

I.U.O.E. Local 70Monthly Arrowhead Regional Meeting

Tuesday, Nov. 14, 2006, 5:00 P.M. Duluth Labor Center, Hall B

Dick Lally, Business Manager (651) 646-4566

LLaabboo rr WWoorr lldd PPaaggee ss ff rr oomm oouu rr PPaass ttSept. 26, 1936--The largest convention in the history of theMN State Federation of Labor, since it was organized in1890, opened in Cloquet with 420 delegates registered.Sept. 26, 1946--Carpenters #361 voted to fine any member$50 if he or any member of his family is found guilty ofentering the Glass Block during the strike.Sept. 27, 1966--The Piedmont Heights postal station wasclosed on directions from Washington.Oct. 7, 1976--UAW #241’s strike against Duluth auto deal-ers is in it’s 22nd week. Only 24 people showed up for ashow of 1977 models, where a shoving match between RogerEmerson (Olds) and mechanic Richard Christian occurred.

Unions offer...page 7

Page 3: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

The Chamber of Commerceand their “business first” alliesare howling about the neweffort to pass a card check/neu-trality ordinance in Duluth (seestory page 1). “We’ve alreadygot laws that govern unionelections...No one will come to

Duluth because it’s so anti-business” they whine.

We say the Dept. of Laboris really the Dept. of Business.That this country has alwaysrolled over workers to accom-modate the profit pullers.

Here’s more proof that thepeople who should be workingon workers behalf are actuallycutting them in half: Arthur F.Rosenfeld, the Director of theFederal Mediation and Concil-iation Service will be the fea-tured speaker at the UpperMidwest Labor Law ForumOct. 12 in Bloomington. Hewas just confirmed for the postby the U.S. Senate after beingGeneral Counsel of the Na-tional Labor Relations Board.Prior to that he was SeniorLabor Counsel of the SenateCommittee on Health, Educa-tion, Labor and Pensions.

The NLRB, where he hadbeen an attorney, is the bodythat governs many union elec-tions. The FMCS tries toresolve many management/labor disputes. Sounds good.

Trouble is the forum issponsored by Seaton, Beck &Peters, P.A., “The Lawyers forEmployers” and their website,www.seatonlaw.com, trumpets

Maybe Rosenfeld is goingthere to tell them to be nice indealing with employees. Sorry,but among the agenda itemsfor the forum is “Terminatingthe Union Relationship”---union-busting to most of us.Funny, but being union is sup-posed to be a democratic deci-sion by the workers.

Rosenfeld hopefully isn’tleading that discussion.

A few years back whenUSWA Local 1028 was locked

out at the Gary foundry by ME,the company wanted to bringin FMCS types. The union did-n’t want to, feeling that thescales would be tipped againstthem. Some of the FMCStypes were very upset that Iwrote an article about theflawed process. “Many of usare former union members!” Iwas told sharply. Very proud oftheir past they are. I thinkFMCS stands for Fast Meansto Corporate Servitude.

That’s the trouble withlabor law, it’s not geared tolabor, it’s geared to business.And things have only gottenworse under the Bush Admin-istration. That incidentally isthe first agenda item of theforum, under the title of“Progress” in the Bush Era.

There are few strikes any-more because the deck isstacked against workers. Thereare many union organizingelections that seek to bypassthe NLRB, because the processis unfair. Hence card check/neutrality efforts. Things don’twork in our labor law system.

Next time you need help innegotiations give the FMCS acall. They’ll be glad you did. Itgets them invited to forumswhere they can spill their gutsover martinis and laughter. I’msure he’d love to have an invi-tation to a business-bustingforum too. Oh, wait. We don’thave those. It’s in our bestinterest to keep business inbusiness. They run themselvesinto the ground when it servestheir best interests, though.Then resurface as new moneywith a new name without pen-sion or health care costs.

And this government thinksthat’s good. The only thinggood about it is we can changeour government. We can, can’twe?

LABOR WORLD NEWS, WEDNESDAY, OCTOBER 11, 2006 PAGE 3

LABOR WORLDKnown office of publication

2002 London Road, Room 110Duluth, MN 55812

(218) 728-4469 FAX: (218) [email protected]

ESTABLISHED 1896Owned by Unions affiliated with the

Duluth AFL-CIO Central Labor Body

Periodical Postage Paid Duluth, MN

Larry Sillanpa, Editor/ManagerDeborah Skoglund, BookkeeperPublished 23 times per year

Subscriptions: $22 AnnuallyPOSTMASTER:

Send address changes to:2002 London Rd., Room 110

Duluth, MN 55812Board of Directors

President/Treas. Mikael Sundin,Painters & Allied Trades 106;V.P. Paul Iversen, BMWED 1710;Sec. Marlys Wisch, CWA 7214;Jim Walters, Plumbers & Steam-fitters 11; Tom Selinski, IBEW242; Laurie Johnson, AFSCMECo. 5; Lynette Swanberg, MNNurses; Mike Kuitu, OperatingEngineers 49; Al LaFrenier,UNITE HERE! Joint Board

6 7

November 7: Judgement Dayby George J. KourpiasI joined a union – the Machinists union – in 1952. It was one

of the best decisions I have ever made. I’ve been fortunate to serve in a number of different positions

in labor and government over the years, but there is no title thathas ever meant more to me than being called “brother.”

The labor movement built the middle class in this country.We have made great strides toward justice on the job and in ourcommunities. We have so much to be proud of.

But unfortunately, the story hasn’t been that good lately.Union retirees are seeing what we built begin to crumble.

Good jobs sent overseas.Pensions and health care vanish in the blink of an eye. Big

corporations walk away from their commitments to workers andretirees – knowing that the government won’t stand in their way.

As retirees, we worry about what we are leaving behind forour children and grandchildren.

On November 7, we can begin to change this. The entireU.S. House of Representatives, one-third of the United StatesSenate, and 36 of our governors must go before the voters.

November 7 shouldn’t be just Election Day. It should beJudgment Day.

It was the politicians who got us into a lot of these messes,and now we need some new ones to get us out of them.

Here are two reasons why each and every union retireeshould vote on November 7:

First, we need to save Social Security. President Bush andRepublicans in Congress say they want to “reform” SocialSecurity next year.

But here’s the problem: their privatization scheme wouldgamble your Social Security on the whims of the stock market.For you, it would be big risk. For those on Wall Street, it wouldbe big profit.

And second, we need to fix Medicare. Seven million seniorsare falling into what is known as the “donut hole” – where theypay full price for their prescriptions, at the same time they payfull monthly premiums. And meanwhile, the big drug compa-nies and insurers keep making record profits from this newMedicare law.

Congress created this Medicare mess, but they refuse to fixit. We need leaders in Washington who will fill in the “donuthole” and force Medicare to negotiate bulk discounts with thedrug companies so your prescriptions cost less and we save tax-payer dollars.

I realize I’ve painted a pretty bleak picture of where we aretoday. But why do I have hope? What do I think we should do?

The answer, my brothers and sisters, is a four-letter word.VOTE. On November 7, a retiree’s place is in the voting booth.

George J. Kourpias, a former International President of theInternational Association of Machinists, is currently serving hissecond term as President of the Alliance for Retired Americans,an advocacy organization representing over three millionretirees from labor and community groups. For more informa-tion, visit www.retiredamericans.org or call 1-888-633-4435.

“Quote, Unquote”"It's a good thing I had a bag of marijuana instead

of a bag of spinach. I'd be dead by now."~Willie Nelson after being caught with marijuana.

This Day In Historyfrom

www.workdayminnesota.org

October 11, 1873The Miners’ NationalAssociation formed inYoungstown, Ohio. Its presi-dent was Irish-born JohnSiney, who sought to unite allminers, regardless of skill orethnic background.TheMiners’ National Associationset the goal of organizing allAmerican mineworkers intoone industrial union.Thisphilosophy of inclusion wasechoed in the Knights ofLabor, the hugely successfullabor organization formed in1869, and later by the UnitedMine Workers, founded in1890.

~NOTICE~Next issues of Labor Worldare Oct. 25, Nov. 8 & 21,

Statement of the Ownership, Management, Circulation, etc.,

required by the Acts of Congressof Aug. 24, 1912, and March 3,

1933 of The Labor World, published bi-weekly at Duluth, Minnesota, for Oct. 11, 2006.

ISSN #0023-6667; USPS #300-820STATE OF MINNESOTA County of St LouisBefore me, a Notary Public in and for theState and county aforesaid, personallyappeared L. Sillanpa, who, having been dulysworn according to law, deposes and says thathe is the Editor of the Labor World, and thatthe following is, to the best of his knowledgeand belief, a true statement of the ownership,management (and if a daily paper, the circula-tion, etc. of the aforesaid publication for thedate shown in the above caption required bythe act of August 24, 1912, as amended by theAct of March 3, 1933, embodied in Section537, Postal Laws and Regulations, printed onthe reverse of the form, to wit: 1. That the names and addresses of the pub-lisher, editor, managing editor, and businessmanagers are:

Publisher: The Labor World, Inc., Duluth, Minnesota.

Managing Editor: Larry Sillanpa, Duluth, Minnesota.

2. That the owner is: (if owned by a corpora-tion, its name and address must be dated andimmediately there under the names andaddresses of stockholders owning or holdingone percent or more of total amount of stock.If not owned by a corporation, names andaddresses of the individual owners must begiven. If owned by a firm, company, or otherunincorporated concern, its name and address,as well as those of each individual must begiven.).

Electrical Workers Local 31, Duluth. Carpenters Local 361, Duluth.

General Laborers Local 1091, DuluthDuluth AFL-CIO Central Labor Body.

Plumbers and Steamfitters Local 11, Duluth. UNITE HERE Local 99, Duluth.

AFSCME Local 66, Duluth. UFCW Local 1116, Duluth. USW Local 1028, Duluth.

Painters & Allied Trades Local 106, Duluth.Duluth Teachers Local 692, Duluth.

The Labor World is a non-profit capital stockcorporation. Ownership is limited to organiza-tions affiliated with the Duluth AFL-CIO Central Labor Body. 3. That the known bondholders mortgagees,and other security holders owning or holdingone percent or more of total amount of bonds, mortgages, or other securities are: (it there arenone, so state.) None. 4. That the two paragraphs next above, givingthe names of the owners, stockholders, andsecurity holders, it any, contain not only thelist of stockholders and security holders asthey appear upon the books of the company,but also, in cases where the stockholder orsecurity holder appears upon the books of thecompany as trustee or in any other fiduciaryrelation, the name of the person or corporationfor whom such trustee is acting, is given; alsothat the said two paragraphs contain statementsembracing affiants full knowledge and beliefas to the circumstances and conditions underwhich stockholders and security holders whodo not appear upon the books of the companyas trustees, hold stock and securities in acapacity other than that of a bona fide owner;and this affiant has no reason to believe thatany other person, association, or corporationhas any interest directed or indirect if the saidstock, bonds, or other securities than as stated5. That the average number of copies of each issue of the publication sold or distributed,through the mails or otherwise, to paid sub-scribers during the twelve months precedingthe date shown above is 16,500.

LARRY SILLANPA, Editor-ManagerSworn to and subscribed before me this

29th day of September, 2006.JAMES P. SWANSON, Notary Public

St. Louis County, MN.My Commission expires Jan. 31, 2010

L.W. October 11, 2006

Page 4: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

Early childhood forum Oct. 17The Early Childhood Coalition of the Northland is hold-

ing a forum next week to find out where state legislative can-didates stand on issues impacting our youngest citizens.

The event is Tuesday, October 17, 6:30--8:30 PM in theUMD Library Rotunda (4th Floor). Child care is available bycalling Andy Hyser at 340-0056 by Friday, October 13.

AFSCME, SEIU agree to join forces to improve childcare for MN familiesThousands of child care

providers in Minnesota arejoining together and formingunions to make child care workbetter for themselves and thefamilies they serve. A newagreement will help providersin Child Care ProvidersTogether/ AFSCME and SEIUKids First work together for astronger statewide voice.

Providers from both unions

are knocking on doors all overMinnesota asking home-basedchild care professionals to join.Confusion over which union tojoin was resolved in Septemberwith a jurisdiction agreementthat allows AFSCME to organ-ize providers in many of thelargest counties includingHennepin, Ramsey, St. Louis,Washington and Sherburne.

“With Child Care Providers

Together and Kids First joiningforces, providers will have aunited voice at the capitol,”explained Eliot Seide, directorof AFSCME Council 5. “Ourcommon goal is affordable,quality child care for workingfamilies.”

“I’m a professional caregiv-er,” said Julie Schendzielos,who cares for 10 children inClear Lake. “I’m teachingastronauts, teachers, doctors,nurses and construction work-ers – all the people it takes tomake a community.My profes-sion needs a voice to improvecare for these children.”

Providers hope to gain avoice in decisions that affectthem and the children in theircare, and the strength in num-bers to stand up for workingfamilies at the capitol. Bothparents and providers shareconcerns about deep fundingcuts and low wages. InMinnesota, $140 million inchild care cuts has hurtprospects for fairer wages andquality care. Providers inMinnesota earn an average of$2.83 an hour per child.

“Higher pay for providerswill not come at the expense ofparents,” said Lisa Thompson,a care provider and presidentof Ramsey County Child CareProviders Together. “Parentscan’t afford to pay more.Instead the state needs to investin kids by increasing subsi-dies.”

Minnesota’s waiting list forchild care assistance has grownto almost 5,000 families due tostate cuts. Many parents quittheir jobs to take care of theirchildren. Providers are work-ing to reverse this trend byraising awareness about thevalue of child care and earlyeducation as proven, cost-effective investments. There isa direct link between qualitychild care and success inschool and later in life. In fact,every dollar spent on earlychildhood education yields $13in public benefits, according toa study by the Federal ReserveBank of Minneapolis.

Providers in Child CareProviders Together/AFSCMEare already working in partner-ship with Hennepin and St.

Louis counties.Providers and the counties

will work on advocacy at thestate and federal levels forproper funding, training to helpproviders, and support forearly care and education to pre-pare kids for kindergarten.

“This is a first – child careproviders in our state haven’tjoined together to form unionsbefore,” said Cathy Hietala,child care provider and presi-

dent of Hennepin CountyChild Care Providers Together.“We’ve been isolated, we worklong hours for low pay, and ourschedules make it hard tolobby lawmakers on issues thataffect us. Now we’ll have astrong voice to make child carework better.”

For information about join-ing Child Care ProvidersTogether, call 651-287-0581 orvisit www.afscmemn.org.

Keep Judge Floerke

Judge Shaun Floerke won 93% of the vote

in the MN Bar Association poll of

attorneys in our district when asked to

select which candidate they believed was the

better choice.

Join these organizations and individuals intheir support of Judge Shaun Floerke for

6th Judicial District.

Don’t Forget to Vote November 7th

St. Louis County Deputy Sheriff’s AssociationIron Range Labor AssemblyInternational Brotherhood of Electrical Workers, Local 31Duluth Firefighters Local 101The Duluth Police UnionThe Academy of Certified Trial Lawyers of MinnesotaMinnesota Women Lawyers

John DeSantoDarrold PerssonMark RubinJeffrey VlatkovichDr. Andrew ChiuMartin TheobaldDaniel Perich

Ross Litman St. Louis County SheriffDave Rolland St. Louis County Deputy SheriffKelly Lake Carlton County SheriffMark Monacelli St. Louis County RecorderSteve Peterson Lake County SheriffMark R. Falk Cook County SheriffMark E. Skelton Gilbert Chief of PoliceBrian Lillis Eveleth Chief Of PoliceDana Waldron Virginia Chief Of PoliceScott Lyons Duluth Police Chief – RetiredScott Erickson Chisholm Chief of PoliceTom Crossmon St. Louis County Rescue SquadGloria Pothast St. Louis Cty Court Administrator /RetiredPatty Miller Executive Director - First Witness Wade Lamirande Cloquet Chief of PoliceAnn Peterson UMD Police Chief of PoliceTom Cvar President Iron Range Labor AssemblyJim Wright Duluth Police Deputy Chief – Retired

Kerry Gauthier CounselorJohn OngaroLarry StauberFuChi NewlandAlana FriedmanJames (Butch) Kuronen

PAGE 4 LABOR WORLD NEWS, WEDNESDAY, OCTOBER 11, 2006

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EdMN touts early educationEducation Minnesota has recently released a white paper

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without the skills they need to succeed in school. The report saysour youngest students require comprehensive, high-quality earlychildhood education to help narrow the achievement gap.Access the white paper at www.schoolsfirst.org/UserFiles/File/EarlyChildhoodEducation_WhitePaper.pdf

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Page 5: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

Wisconsin AFL-CIO endorses Rep. Conyer’s single payer bill, H.R. 676

More bad news about health care crisis

The Wisconsin State AFL-CIO has become the 12th statelabor federation to endorse leg-islation creating a national sin-gle payer health care system.

The federation endorsedHR 676 at its La Crosse con-vention, Sept. 25-27. The con-vention also strongly endorseda state health care bill that thefederation had drafted.

HR 676, sponsored byCongressman John Conyers,D-Mich., would institute a sin-gle payer health care system inthe U.S. by expanding a great-

The U.S. Census Bureauhas pointed to an increase inAmericans without health cov-erage—more than 46 millionpeople were uninsured at somepoint in 2004. Stephanie Tay-lor of the AFL-CIO’s WorkingAmerica, has pulled togethersome recent reports.

Health care is the fastest ris-ing cost for working families,says a study by the HealthResearch Educational Trust.Since 2000, the cost of familycoverage has risen 87 percent.Consumer prices have risen 18percent. But workers’ pay hasincreased just 20 percent.

The report finds the cost ofemployee health care rose atdouble the inflation rate lastyear—and far faster than the

increase in worker pay.Helen Darling, president of

the National Business Groupon Health, told a reporter fromThe New York Times “workers...continue to give their payraises to the health system.” Of3,159 employers surveyed,nearly half who offer healthbenefits to employees say theyare very or somewhat likely toincrease the amount employeespay. Another 6 percent say theywere considering droppinghealth benefits altogether.

The survey was closely fol-lowed by a similar study fromthe nonprofit Economic PolicyInstitute (EPI). HealthInsurance Eroding for WorkingFamilies reports health cover-age provided by employers

declined for the fifth straightyear in 2005.

The number of people with-out health insurance grew sig-nificantly for the fifth year in arow. Nearly 46.6 millionAmericans were uninsured in2005—up almost 7 millionsince 2000….Over 3 millionfewer people of all ages hademployer-provided insurancein 2005 than in 2000 as a resultof rising health costs coupledwith weak labor demand.

The decline does not factorin population growth. Asmany as 9 million more peoplewould have had employer-pro-vided health insurance in 2005if the coverage rate hadremained at the 2000 level.

This is one of the mostalarming trends in health care.More and more of uninsuredfamilies are also working fam-ilies. In fact, most of our 9 mil-lion uninsured children live inhomes where at least one par-ent works full-time. In morethan one-quarter of the cases,there are two working parents.This trend will keep gettingworse with costs rising.

The Commonwealth Fundeven gave the U.S. health caresystem a failing grade com-pared with other industrializednations—partly because somany Americans lack access tothe most basic levels of care.

ly improved Medicare systemto every resident.

“The Wisconsin State AFL-CIO endorsed and helped drafta state-level single-payer billover 15 years ago,” saidPresident David Newby. “Itnever got enough traction inthe Legislature, so we devel-oped a new and unique model(the Wisconsin Health CarePartnership Plan) which pro-vides comprehensive, quality-driven, affordable health carefor all Wisconsin workers andtheir families--financed by a

flat fee per worker paid by allemployers.

“We are developing signifi-cant support for this proposal(now a bill with bi-partisansupport), and that supportincludes employers as well asunions and advocacy and com-munity groups. But we’venever lost sight of the funda-mental reality that we needuniversal health care on anational level. HR 676 embod-ies that goal, and we support itenthusiastically.”

The Wisconsin fed has

1,000 affiliated local unionswith 250,000 union members.

According to the AllUnions Committee for SinglePayer Health Care, based inLouisville, Kentucky, HR 676has been endorsed by 192union organizations including44 Central Labor Councils andArea Labor Federations and 12state AFL-CIOs (Kentucky,Pennsylvania, Connecticut,Ohio, Delaware, NorthDakota, Washington, SouthCarolina, Wyoming, Vermont,Florida and Wisconsin).

HR 676 now has 77 con-gressional co-sponsors in addi-tion to John Conyers.

The legislation would coverevery person in the UnitedStates for all necessary med-ical care including prescriptiondrugs, hospital, surgical, out-patient services, primary andpreventive care, emergencyservices, dental, mental health,home health, physical therapy,rehabilitation (including forsubstance abuse), vision care,chiropractic and long termcare. HR 676 ends deductiblesand co-payments and wouldsave billions of dollars annual-ly by eliminating the highoverhead and profits of the pri-vate health insurance industryand HMOs.

THE EXPERIENCE & LEADERSHIP YOU DESERVE

Elect Mike RydbergBusiness Manager

Plumbers & Steamfitters Local 11

I’ve been a member of Local 11 for over 29 years. For over 20 of those years I have served our Union insome capacity including being your current Assistant

Business Manager for five years, 12 years as aPension Board Trustee, and over 20 years as anExecutive Board member and/or Vice President.

I’d appreciate your vote so I can continue serving you and our Union.Please make it to the Union Hall to vote on Sat., Oct. 28 from noon to 3.

Paid for by Mike Rydberg on his own behalf

LABOR WORLD NEWS, WEDNESDAY, OCTOBER 11, 2006 PAGE 5

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And now, your recommendationsA year ago a 15-member, federally appointed commission,

including UFCW President Joe Hansen as a labor rep, was askedto get input from citizens on ways to improve this nation’shealth care system. The Citizens’ Health Care Working Group(CHCWG) released its final recommendations two weeks ago.

AFL-CIO President John Sweeney said “the final reportretains the recommendations developed earlier this year for pub-lic comment--recommendations that bring into sharp focus theinaction of this Congress and administration and the inadequacyof their policies to address what Americans identify as the far-reaching failings of our health system.”

By mid-November we will get a report from the President onthe recommendations. Then sometime about New Year, fivecongressional committees with health jurisdiction must hold atleast one hearing on the recommendations and the President’sreport. If you think you’ll have national health care by St.Patrick’s Day, you’d better “beware the Ides of March.”CHCWG thinks 2012 would be a good year for it to happen. Donot, we repeat, do not hold your breath.

You can find out more at www.citizenshealthcare.gov.

Page 6: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

Where there’s war you’ll find Kissinger, Woodward, and Granny D(?)(Austin, TX, Oct. 10)--The Old War Crim-inal is back. I try notto hold grudges, butI must admit I havenever lost one ounceof rancor toward HenryKissinger, that cynical, slith-ery, self-absorbed pathologicalliar. He has all the loyalty andprinciple of Charles Talley-rand, whom Napoleondescribed as “a piece of dungin a silk stocking.”

Come to think of it,Talleyrand looks pretty goodcompared to Kissinger, whoalways aspired to be Metter-nich (a 19th century Austriandiplomat). Just count the num-ber of Americans and Vietnam-ese who died between 1969and 1973, and see if you can

find any indication he evergave a damn.

As for Kissinger’s gettingthe Nobel Peace Prize, it is athing so wrong it has come todefine wrongness -- as in, “Asweird as the time HenryKissinger got the Nobel PeacePrize.”

Tom Lehrer, who was alovely political satirist, gave upsatire after that blow.

The War Criminal’s returnis the only piece of news I haveyet found in Bob Woodward’snew book, and what amazesme is the reaction to the work.Gosh, gasp, imagine, Wood-ward says the war’s a disaster!

People who know a lotmore than Bob Woodwardhave been saying the war’s adisaster for years -- becausewar is self-evidently a disaster.Why this is greeted as an

annunciation from on high justbecause Woodward, theworld’s most establishmentreporter, now says so is a mys-tery to me.

I have read snippets hereand there suggesting the self-important chattering class ofWashington is massivelyresistant to admitting theywere wrong about Iraq, andthat you only have credibilityas a critic of the war if youwere for it in the first place. Imissed a logical link there. Iknow how vain the chatteringclasses are, but the majority ofthe American people has sincecome to conclude they werewrong about the war -- andthey say so without feeling dis-graced.

What’s wrong with theWashington press corps?Speaking of people who havetrouble with the truth, here’s arecent George W. line fromtwo weeks ago I particularlyprize: “There’s kind of anurban myth here inWashington about how thisadministration hasn’t stayedfocused on Osama bin Laden.Forget it. It’s convenientthrowaway lines when peoplesay that.”

How do these urban mythsget started? Perhaps withGWB on March 13, 2002: “Idon’t know where bin Ladenis. ... You know ... I just don’tspend that much time on him.... I’ll repeat what I said. I trulyam not that concerned abouthim.”

Or as Gen. Richard Myers,chairman of the Joint Chiefs ofStaff, said on April 6, 2002:“The goal (in Afghanistan) hasnever been to get bin Laden. ...The goal there was never (togo) after specific individuals.”Donald Rumsfeld: Bin Ladenhas been “neutralized.” AndVice President Cheney: “BinLaden himself is not that big athreat.”

And etc., etc. We got twostraight years of quotes fromofficials all across the Bushadministration pushing theidea that Osama bin Laden isjust a minor player, we’re nothunting him, the war on terroris a much larger deal, and so onand so forth. You know, it’sone thing to tell a whopperyourself -- it’s adding insult toinjury to call the people whopoint this out liars themselves.

A half-hour documentaryabout Granny D (Doris Had-

dock) will be playing through-out October on various PBSchannels around the country.Granny D, the crusader forcampaign finance reform, whohiked across the country at age90, is now 96, and the docu-mentary of her work is inspir-ing.

She’s such an adorably“sweet old lady” that one for-gets how tough she has beenand how consistent she hasbeen. You want to know whereto get the strength, courage andoptimism to keep fighting forchange? Listen to Granny D.More at www.grannyd.com.

(Editor’s Note: The PBSstation in Duluth, WDSE, doesnot have “Granny D Goes toWashington” scheduled at thistime. Program Director RonAnderson said it is outside thenormal offerings from PBS andhe has not received the film. Hesaid he will look into getting acopy and perhaps airing thedocumentary in November. Hecan be reached at 724-8567.)© 2006 CREATORS SYNDICATE, INC.

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PAGE 6 LABOR WORLD NEWS, WEDNESDAY, OCTOBER 11, 2006

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“Quote, Unquote”"They’re not political speeches...I seriously hope

that people wouldn’t politicize these issues." ~GeorgeW. Bush, Aug. 30, referring to his cross country speaking tourto promote his war agenda, castigate Democratic war critics,and raise money for Republican congressional candidates.(From Jim Hightower’s Lowdown, www.jimhightower.com)

Page 7: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

Supervisor ruling affects millions...from page 1

Unions offer concessions...from page 2

ers possible, such as ware-house workers who tell less-experienced colleagues thatheavy items go at the bottomof a flatbed truck. But theboard majority split the differ-ence, and said Oakwood’scharge nurses who are in thatrole full-time are supervisors,while others incidentally in itfor short periods are not.

The case the board used toexpand the definition of super-visor was the Oakwood Heri-tage Hospital of Taylor, Mich.,that UAW was organizing.

Hospital managers arguedthe UAW could not include“charge nurses” who do suchthings as oversee patient care.Oakwood has 12 fulltimecharge nurses, but most of its181 registered nurses alsoserve as charge nurses on occa-sion. Oakwood wanted 157 ofthem to be named supervisors.There was a union recognition

Bergson: All must share painAt a press conference just hours after three bargaining units

called one Tuesday, Mayor Herb Bergson said he didn’t knowwhat their event was about but he would answer questions.

On the unions’ numbers about savings from health care con-cessions he said, “It’s blue sky,” they’re just numbers and wecan’t even trust the numbers administration gets from their actu-arial firm, but “If we don’t do something the city will go broke.”

He continually reverted to saying “the taxpayers can’t affordit” when he addressed any union proposals, even without givingnumbers or specifics. Administrative Assistant and Bergson’slead negotiator John Hall admitted that AFSCME health careproposals “would save money but they are speculative.”

Both Bergson and Hall said they did not want to negotiate inpublic but their hand had been forced by the unions, and as Hallput it the city is “obligated to provide information.”

Bergson said he was ready to give reporters copies of the cityproposal and the union proposal. Hall said he wasn’t ready to dothat. Bergson said, “Well I am.” Hall said they weren’t done.

The unions’ press conference only addressed concessionsthey’d make to help the health care liability but Bergson and histeam, which was there in force, got into specifics on wages.

Mediation was a good idea they said, but Bergson added,“Don’t think it will be a 50-50 split just because it’s mediated.The taxpayers are fed up.”

Bergson said he doesn’t blame the unions but he is going tosolve the retiree health care problem before he leaves office andhe doesn’t expect to make any friends doing it.

“If we’re looking out for the taxpayers and trying to solvehealth care that has been unfunded for twenty years, then I’mguilty of a lack of progress,” he said of the unions charge thatnegotiations were stalled.

vote at the hospital, but the bal-lots were impounded until theNLRB could decide the issue.

Had the board ruled that allcharge nurses are supervisors,it would have opened the doorto declaring other lower-levelworkers as supervisors, too--such as a worker who orderedanother to put heavy items atthe bottom of a flatbed truck,according to former NLRBGeneral Counsel FredFeinstein.

The NLRB’s GOP majoritybroadened who is a supervisorby writing new definitions forseveral terms labor law uses todefine “supervisors.”

One was to “assign” otherworkers to various tasks. TheGOP majority said the duty ofassigning had to be more thanintermittent. The two dis-senters said the board left theword so open that virtually anyworker who gave an assign-ment to another at any timecould be a supervisor. This“threatens to sweep almost allstaff nurses outside the(National Labor Relations)act’s protection,” the dissenterssaid.

The second definition theboard majority broadened saida supervisor was a worker withthe duty to “responsibly todirect” others. That meant, inplain English, the worker whodirected the others could beheld responsible for theiractions.

The third expanded defini-tion said more workers who

exercise “independent judg-ment” on the job are nowsupervisors and thus outsidelabor law. It was that defini-tion, Department forProfessional EmployeesPresident Paul Almeida toldPress Associates, that wouldevict most professionals fromlabor law coverage.

Almeida, a Professional andTechnical Engineer, explainedthat in many professions--including his own but alsoincluding construction--evenlower-level workers instructand monitor apprentices. “Inthe trades, an electrician can bea foreman on one job and ajourneyman (worker) onanother,” he noted. The boarddid not say what would happento building trades workers whoshuttle between being foremenand regular posts.

The board majority went tosome lengths to rebut chargesit is throwing millions of work-ers out from under labor lawcoverage, leaving them open tomanagement whims. It said,for example, that nurses exer-cising “independent judgment”could be supervisors only iftheir decisions “were not of aroutine nature.” And it saidworkers who are supervisors“part of the time” would stillbe employees, protected bylabor law. But it then notedthat past rulings said a workerwho manages others as little as10 percent-15 percent of thetime is a “supervisor” and notprotected by labor law.

cover all their workers, asopposed to the four now inplace for current employees.Retirees, however, are coveredby any number of plans.

The three unions offered aslong ago as last June to meet injoint sessions.

There has been no citycounter offer to the latest unionproposals. Firefighters last metwith the city a couple of weeksago, AFSCME a week ago,

and the Police last Thursday.“No one has a greater inter-

est in the city’s financial condi-tion and the long-term stabilityof the city’s health care fundthan city employees,” saidLoeffler-Kemp. “We know thecommunity wants a settlementtoo, but whatever the settle-ment is in the end, we must allask the city to fully fund it sono one has to go through thisagain in ten or twenty years.We all need a permanent, long-term solution.”

Loeffler-Kemp sent a letterto Mayor Herb Bergson lastWednesday that spelled out theunions’ positions and ques-tioned whether the city is inter-ested in reaching an agreementbefore year’s end, let alonebargaining in good faith.

Loeffler-Kemp said BMSmediated sessions will be“extremely helpful” and thefree service is invaluable tolocal government and the bar-gaining units.

Negotiations for the City ofDuluth are being handled byCity Administrator John Hall, aretired member of the DuluthPolice Union, recently hiredLabor Relations SpecialistSteve Korby, who is the formerExecutive Director of the LakeSuperior Area Labor Manage-ment Association, and twomembers of the City Attor-ney’s office, Lisa Wilson andDon Douglas.

Korby said the health careissue is enormous for everyonebut there are many issues,including wages, other bene-fits, and language, that makefor slow, difficult negotiations.

LABOR WORLD NEWS, WEDNESDAY, OCTOBER 11, 2006 PAGE 7

Attention~Plumbers & Steamfitters Local 11 Members

Scott Javner for

Assistant Business ManagerAs a 17-year member of Plumbers & Steamfitters Local 11, I have

spent my career working in the field with the tools, both as a Plumberand a Pipefitter. I have a strong, working knowledge of the Wisconsinand Minnesota Plumbing Codes and the Minnesota High PressurePiping Code. I know what our union needs to do to help all our members.

I have served our Union on the Executive Board, the Negotiation Committee, and havebeen an Apprenticeship Instructor for 15 years. I am aware of what needs to be done in termsof upholding our contracts and agreements, and getting work for our members.

I will represent and work hard for YOU and OUR LOCAL UNIONfor a Better Union and Worksite Today and a Stronger Tomorrow!Please Vote Scott Javner on Saturday, Oct. 28 from noon to 3:00p.m. at the Election at the Union Hall, 4402 Airpark Boulevard

Paid for by Scott Javner on his own behalf

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Page 8: NLRB “supervisor” ruling will bar millions from labor …2006/10/11  · decision,” Bush and the GOP. Management anticipated a board decision that would define supervisors to

Controversial transportation amendment on the ballot Tuesday, Nov. 7There are two things

Minnesota state government isconstitutionally required tosupply to taxpayers. One ispublic education, the other istransportation. Some wouldsay we’re not being served onboth accounts.

On the transportation issuecitizens will be given theopportunity to tell elected offi-cials they think they need tostep up to the plate on fundingstate transportation needs. Onthe ballot this fall will be anamendment that will see if vot-ers want funds dedicated totransportation. Elected offi-cials have not had the courageto do their job on the issue byincreasing the gas tax or otherremedies so now they wantvoters to give them somedirection. But the amendmentis embroiled in controversy,and a lawsuit, even after bal-lots have been printed andabsentee voting has started.

Here’s how the amendment:Shall the Minnesota

Constitution be amended todedicate revenue from a taxon the sale of new and usedmotor vehicles over a five-year period, so that after June30, 2011, all of the revenue isdedicated at least 40 percentfor public transit assistanceand not more than 60 percentfor highway purposes?

The amendment is difficultto read and even more difficultto understand for the averagevoter. Do the percentagesmake sense to you?

You have been paying amotor vehicle sales tax whenyou purchase a new or used caror truck in Minnesota since1981. Proponents of theamendment say that as muchas $6 billion of that transporta-tion revenue has been siphoned

off to the state’s general fund.The lawsuit that was filed

with the Minnesota SupremeCourt asks not to have themeasure count on the ballot.Education Minnesota, theteachers’ union, and outstatelegislators, including Rep.Tom Rukavina, are against it.

Some feel that dedicatingthe money will mean less forthe general revenue fund,which will harm other services,such as education. Rural inter-ests including the FarmersUnion, fear metropolitan masstransit issues will suck all thefunding at the expense of ruralroads.

Building Trades unions arefor the measure after years oflobbying for gas tax increasesthat haven’t happened foralmost 20 years.

Yet Sen. Tom Bakk, aCarpenters Local 606 BusinessRepresentative, told DuluthAFL-CIO Central Labor Bodydelegates August 10th that “ifthe Transportation Amendmentpasses it will leave a $300 mil-lion hole in the budget if wedon’t raise revenue. It will be abig problem. Republicans havebeen successful in downsizinggovernment and this will comeat the expense of schools andnursing homes.”

The clinker is that if youjust ignore the measure on theballot it is the same as voting“no.” The outcome will bedetermined by the total numberof “yes” votes versus the totalnumber of voters. Constitu-tional amendments require amajority of the total number ofvoters to pass.

But confusion surroundsthe measure less than a monthfrom election day. OnEducation Minnesota’s web-site Sunday, viewers were

asked to vote on this question:“Do you know enough aboutthe transportation constitution-al amendment to vote on it inNovember?” Of 216 responses87, about 40 percent, said“yes.” Almost 60 percent ofvoters, 129, said “no.”

The Minnesota AFL-CIO,which does much of labor’swork at the State Capitol,passed a resolution of supportfor the amendment at theirconvention in August. The res-olution was a combination ofthose put forth by TheMinnesota State Building andConstruction Trades Council,the St. Paul Area Trades andLabor Assembly and theMinneapolis Central LaborUnion Council. The DuluthCentral Body has not taken aposition on the amendment.

“While labor generallyopposes dedicated fundingunless there is new moneyinvolved, there is a valid argu-

ment to be made that the salestax on automobiles be used fortransportation purposes,” saidBrad Lehto, the federation’sLegislative Director. “ Laborsupports the transportationamendment. Whether thisamendment passes or not,labor looks forward to workingwith a newly elected, andhopefully more favorable toworking families, state legisla-

ture. This amendment is onlythe beginning of our work ontransportation. We intend towork with the legislature in the2007 session on a long term,stable solution for the states’transportation needs.”

A website in favor of theamendment is http://www.VOTEYESMN.ORG.

EdMN’s website iswww.educationminnesota.org.

IIn Minnesota, Workers’ Compensation laws are

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If you have a job-related injury or chronic illness

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PAGE 8 LABOR WORLD NEWS, WEDNESDAY, OCTOBER 11, 2006

Paid for by Duluth AFL-CIO Central Labor Body COPE

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Please vote to retain Judge Mark Starr Nov. 7Prepared/paid for by the Committee to Retain Judge Starr, P.O. Box 712, Virginia, MN 55792