The Wisconsin Laborer Spring 2000

Union Industries Show coming to Milwaukee
Book traces labor history in Wisconsin
Wisconsin Rapids passes prevailing wage ordinance
Local Heroes
So-called "Fair Act" pulled for lack of support
Bill would restore Wage Lien priority for workers


Union Industries Show coming to Milwaukee
	The 2000 AFL-CIO Union-Industries Show -- the largest MADE IN THE USA exhibition of union workers' skills and services, and millions of dollars worth of union-made, American-made products -- will be held at Milwaukee's Midwest Express Center, May 5 - 8.
	Union members and their contractors take special pride knowing that this year's Show will be staged at the 100% union built and operated Midwest Express Center. The new Center is a living monument to the value and skill of the workforce in Milwaukee - The Genuine American City, a real Union City.
	Held in a different city each year, this will be the fourth time in the Show's 62-year history that it will be staged in Milwaukee. The Show was first held in 1938 and was forced to skip some of the World War II years; but, restarting in 1948 in Milwaukee, the Show has run each and every years since and is proud to start the new Millennium in the city that gave the Show its new beginning. Other Show visits to Milwaukee were in 1975 and 1985.
	A showcase of the quality and variety of union-made, American-made goods and services, this year's exhibition will cover floor space the equivalent of over four football fields. Admission is free.
	Showgoers who have ever wondered about what goes through a fire fighter's mind as he or she enters a burning building, or what is involved in producing the special effects for a science-fiction movie, or what it's like to be an astronaut, a welder, or a bricklayer, will be able to get their questions answered. The Show is considered by many to be the largest job fair in the country. For young people, in particular, the Show is a great place to get a first-hand look at the wide range of good jobs that are available for those who prepare for them.
	The Show will feature well over 300 unions and companies with union-represented employees, some from the Milwaukee Region, including Harley Davidson, Miller and Kohler.
	Scores of showgoers will take home with them tens of thousands of dollars worth of union-made goods that are on display – big-ticket items, small-ticket items, and those in between, from cereal products and ice cream to household appliances and motor vehicles.
	The AFL-CIO Union Label and Service Trades Department, which produces the Show, plus the family of the Wisconsin State AFL-CIO, the Milwaukee County Labor Council, other central labor councils, local unions, and employers large and small, are all helping with this year's Show and are issuing special invitations to young people to attend.
	The entire AFL-CIO membership is extremely excited at the opportunity to host the 2000 AFL-CIO Union-industries Show.
	"It's an educational and entertaining experience for the whole family," said Charles E. Mercer, president of the AFL-CIO Union Label and Service Trades Department. "The exhibits, demonstrations and prizes offer something for everybody."
	Show hours are Noon - 8 P.M. on opening day, Friday, May 5; and 11 A.M. - 7 P.M., on Saturday, Sunday and Monday, May 6 - 8.
Book traces labor history in Wisconsin
	Who built Wisconsin?
	Much has been written about the leading industrialists, the important entrepreneurs, and the dynamic political leaders who laid the foundations of the Badger State and led it into the twentieth century and beyond. Their portraits hang in museums and corporate offices; their stories are recorded in newspapers and history books – and rightly so, since they played a major role in building Wisconsin.
	Far less has been written about the ordinary working people who helped turn the state’s verdant prairies into farms and boundless forests into lumber, pulpwood, and paper. It was Irish and Italians, Poles and Russians, Germans and Scandinavians and Jews – and their sons and daughters – who built and staffed the great factories and forges of Milwaukee, Racine and Kenosha and the sawmills and papermills of Wausau and the Fox River Valley. They dredged the canals, paved the streets and dug the sewers, erected the girders, laid the bricks and railroad tracks, transported all manner of industrial and agricultural goods to market, and operated the precision machines on which scores of other industries depended. Many times, they risk their jobs for the right to organize into unions; more than once, some lost their lives on the picket line.
	Very few of these workers became famous, and fewer yet became wealthy. Yet their labor was central to the state’s development, and it was their sweat and toil, combined with their courage and willingness to engage in collective action, that helped make Wisconsin both a great economic power and a laboratory for democracy.
	The voices of Wisconsin’s working people have never been silent, and many episodes in their long struggle for equity have been recorded by historians ever since John Muir described life on a farm in 1848, or fifty years later when University of Wisconsin economics professor John R. Commons began his pathbreaking studies of work and labor in America. Historians have written about various industries, about individual labor leaders and particular strikes and unions. But until now, no one has assembled a chronicle of Wisconsin labor history from statehood to the late twentieth century.
	Darry Holter brings to life the story of labor’s contribution in Workers and Unions in Wisconsin. Drawing on a wealth of published materials, including oral histories, this anthology touches on all aspects of work and labor in Wisconsin. Readers will learn about the earliest stirrings of unionism in the 1850’s and the movement for the eight-hour workday that culminated in the bloody Bay View Massacre that rocked Milwaukee in 1886.
	Information about unions and politics during the first half of the twentieth century helps us to understand why Wisconsin was the first state to enact laws providing workers’ compensation and unemployment insurance, and why there was often tension between older workers and the "new immigrants," between white and black workers, and between Socialists, Progressives, and trade unionists of various persuasions.
	A chapter on the Great Depression and the revival of labor in the 1930’s offers several examples of how workers organized themselves into unions in large manufacturing plants such as Kohler company, Oscar Meyer, J.I.Case, and many others.
	The paperworkers’ thirty-year battle to win union recognition is embellished with a unique and insightful testament by George Mead, president of Consolidated Paper, on "Why I Unionized My Plant."
	The impact of war on Wisconsin workers is the subject of several articles, as is the controversial "red scare" that surrounded the strikes at the Allis-Chalmers plant during the Cold War years.
	Throughout the book, readers are offered firsthand stories from a variety of occupations, including workers in the auto and steel industries, print shops, offices, construction, schools, and many more.
	Workers and Unions in Wisconsin includes nearly a hundred selections excerpted from a variety of books, articles, and other sources, covering the period from 1850 to 1990. The selections are complimented by numerous photographs and illustrations, and by a comprehensive index.
	About the author: Darry Holter is the author of several books and articles about labor in the U.S. and France. He earned his Ph.D. in history from the University of Wisconsin in Madison and worked for the Wisconsin State AFL-CIO for nearly a decade.
	What do you know
	There’s a lot to be said for strength in numbers. Collective bargaining can have a dramatic effect on the wages and benefits workers receive. In Wisconsin, the average union building Laborer can expect to make how much more per hour than his or her non-union counterpart?
	a) $3.50
	b) $4.50
	c) $5.50
	d) $6.50
	What do you know – the answer is "d"
	That’s right – the average union building laborer in the state makes $6.50 more than his or her non-union counterpart! That’s roughly 36 percent more pay over non-union laborers.
	This number does not begin to include other benefits, like health and pension benefits, that when taken into account drive the differential to over $11 dollars per hour.
	Isn’t it ironic that anti-union employers will go out of their way to show their non-union work force what they "save" by not having to pay union dues.
	Or, that some workers believe them.
	317 50 year pin ceremony (photo)
	Lengjak and Luebke retire (photo)
Wisconsin Rapids passes prevailing wage ordinance
*LaCrosse to consider similar ordinance next month*
	The City Council of Wisconsin Rapids in March approved a resolution requiring the prevailing rate on all city owned and city sponsored public works projects.
	Wisconsin Rapids Mayor (name) chose Laborers’ Local #1407 meeting to announce his support for the resolution, which was passed by the Council later that evening.
	"We were honored that the Mayor came to our meeting to announce his support of the prevailing wage ordinance," said Loren Bloyd, Local #1407 Business Manager. "Without a doubt (name’s) endorsement influenced the Council’s action."
	The resolution, modeled after a similar ordinance passed by the City of Madison Common Council in 1997, stipulates that on all work in which the City is the owner, or for work in which public money is used directly or indirectly, as in the case of TIF Districts, that contractors winning the work must pay prevailing wages on all hours of work on the project.
	The City of LaCrosse is scheduled to consider a similar proposal next month. There the ordinance also enjoys the public support of that city’s Mayor, John Medinger. Nevertheless, Business Manager Kevin Lee feels the ordinance is too important for construction workers to leave anything to chance.
	"We’re asking members to call their Alderman to tell them how important prevailing wages are to workers and our families," Lee said. "A vote for prevailing wage is a vote for workers and elected officials deserve to know that."
	Council action on the LaCrosse prevailing wage ordinance is expected in early April. Members wanting to help organize support for the ordinance or who want more information should contact the Local at 608-788-1095.
Local Heroes
	Last September, the Appleton Post-Crescent reported on two "citizens who pulled a pickup truck off a man who was injured in an accident in Northern Outagamie County may have saved his life," following a serious accident on state highway 55 near the Town of Seymour.
	Not identified in the story were the two citizens – Todd Schmechel and Brian Fischer of Laborers’ Local #539, who pulled one of the vehicles upright in order to free one of the men partially pinned beneath a pickup truck which had rolled over in the crash.
	Shortly afterward, Schmechel and Fischer were reportedly unceremoniously told to leave the scene of the accident by a local law enforcement officer who was unaware of the two’s role in saving the victims lives.
AFL-CIO reports largest union growth in decades
	Union membership rose by more than 265,000 in 1999 – the largest annual increase in 20 years, the Bureau of Labor Statistics reported January 19. The number of union members in the United States rose from 16.21 million to 16.48 million last year, the report said, and the percentage of U.S. workers who belong to unions remained steady at 13.9 percent. That percentage had been going down in recent years. Because unions have committed greater energy and resources to helping workers gain voice at work, much of the membership growth was due to the increase in the number of workers forming unions. At least 600,000 workers organized into unions in 1999, according to internal AFL-CIO and affiliate union data – an increase of more than 25 percent over 1998. Significantly, the percentage of private-sector workers in unions remained steady, ending a 20-year decline. Some unions had their best organizing year in history. The ranks of Wisconsin Laborers grew by slightly more than 4 percent over this period.
	From: AFL-CIO Work in Progress
Congressional Watch
	Trade / Steel—(H.R. 975) In 1998, as result of a slumping global steel market, foreign steel producers began illegally dumping steel in the United States. Imports jumped 33 percent and some 10,000 steelworkers lost their jobs. H.R. 975 called for a reduction in volume of steel imports, set tougher import monitoring rules and set an import limit at 1997 levels. The bill passed 289-141, March 17, 1999. Y=R N=W (DEM: 197-13; REP: 91-128)
	China / NTR—(H.J.RES. 57) The Chinese government has a long history of abuse of workers and human rights and the production of export goods made by forced labor. H.J. Res. 57 would have denied the extension of normal trade relations with China, which many opposed because of the Chinese government's horrendous record of human and workers' rights' violations, the ballooning trade imbalance and China's continued use of slave labor. However, the resolution failed 170-260, July 27, 1999. Y=R N=W (DEM: 98-110; REP: 71-150)
	Worker Health / Ergonomics—(H.R. 987) Every year, more than 600,000 workers suffer injuries and illnesses caused by ergonomic hazards in the workplace. The National Academy of Sciences, the National Institute of Occupational Safety and Health, most occupational safety and health organizations and professionals say scientific evidence backs the need for workplace ergonomic standards. H.R. 987 would prohibit OSHA from issuing an ergonomics standard until yet another scientific review is completed, about two years. The legislation had strong backing from the Chamber of Commerce and other business groups. The bill passed 217-209, Aug. 3, 1999. Y=W N=R (DEM: 15-191; REP: 202-17)
	Health Care / Patients' Bill of Rights—(H.R.2723) Starting in 1998, working families called for a strong Patients' Bill of Rights to ensure their rights to have treatment decisions made by doctors and not insurance company bureaucrats, to see specialists when needed, to get emergency room care when and where needed, to appeal health care decisions and to hold managed care companies accountable when they wrongly deny patients care. H.R. 2723 provided those rights and also required health plans to provide customers with options such as ob-gyn care for women and pediatricians as primary care providers for children. The bill passed 275-151, Oct.7, 1999. Y=R N=W (DEM: 206-2; REP: 68-149)
So-called "Fair Act" pulled for lack of support
	Members of the anti-union Associated Builders and Contractors attending the organization’s national legislative conference in Washington, received some bad news last month when House Speaker Dennis Hastert (R-Ill) announced that a vote on the so-called "Fair Act" would have to be postponed for lack of support.
	The bill, which would cripple the effectiveness of the two government agencies responsible for enforcing worker protection laws – the National Labor Relations Administration (NLRA) and the Occupational Safety and Health Administration (OSHA), was a legislative priority for ABC this session.
	In a recent edition of the Bureau of National Affairs (BNA) Construction Labor Reporter, ABC President W. Thomas Musser blamed the defeat on unions, while Hastert noted that the building trades lobbying effort successfully solidified bi-partisan opposition to the bill.
	The building trades, including the Laborers, in letters to lawmakers and congressional staff, and in face-to-face meetings have argued that H.R. 1987, the so-called "Fair Access to Indemnity and Reimbursement Act," is anything but fair because it narrowly and arbitrarily targets those agencies – NLRA and OSHA – charged with enforcing key worker protection laws.
	Essentially, the bill removes two critical conditions under the Equal Access to Justice Act (EAJA) that must be met in order for a qualified party to recover fees and costs if they prevail in an administrative or judicial proceeding.
	The fact that the scope of this legislation is targeted on the two agencies most responsible for labor laws and worksite safety and health is an indication to many that the intent of the bill is to deter workers and labor organizations from filing claims with these agencies.
	Proponents claim their bill is targeted to "small" businesses, and that it extends the same relief to labor organizations. But, the fact is the bill would include almost 98% of all businesses, according to Bureau of Labor Statistics figures, while only 7% of complaints issued by NLRA are against Unions and all civil cases brought by the Secretary of Labor are against employers.
	Given the fact that EAJA already provides for fee awards if a complaint is filed that is not "substantially justified" opponents believe H.R. 1987 is intended to discourage these agencies from exercising their statutory responsibilities.
	According to a Republican staffer quoted in BNA, "The Speaker and the Majority Leader [Rep. Dick Armey (R-Texas)] have both indicated that we will be back with the ‘Fair Act’…" but no timeline was given.
	Meanwhile, the Clinton Administration, Vice-President Al Gore, and Labor Secretary Alexis M. Herman have all expressed their opposition to the Bill.
Bill would restrict Asbestos litigation
	I have received more information regarding H.R. 1283 that I wanted to share with you. Our International has taken a position opposing this bill and John Sweeny, President of the National AFL-CIO will issue a statement next week stating the National AFL-CIO opposition to the bill as well.
	Basically, Labor’s opposition to the current bill centers on the following issues:
	1. Voluntary system: Any new alternate dispute system should be strictly voluntary. Impaired plaintiffs should not be able to "opt-out" of that system in favor of the current tort system.
	2. Protect rights of the unimpaired: Unlike this bill, the unimpaired should a) be able to come back to the tort system if they should later become sick. Currently, some are getting payments under these settlements only if they waive their right to future claims. b) They should have free access to adequate and continuous testing and monitoring. Currently, trial lawyers are providing this to some degree, but there is a question whether the industry should pay for this or the government. c) They should receive some level of money damages now.
	3. Acceptable medical criteria: Labor doesn’t agree with the criteria in the bill. For example, it would virtually exclude smokers for certain kinds of asbestos-related lung cancer from the alternate dispute resolution in the bill, and it favors some occupational classes over others in the cancer definitions.
	4. Workable administrative process: The most appealing part of the bill is the alternate dispute resolution system where after meeting certain criteria, claimants receive a payout based on a formula from a government fund, without ever having to deal with a defendant in court. Some believe, however, that it is unworkable and burdensome, and will lead to higher transaction costs. For example, after the government makes the payout and then goes to the company to collect, the company can then dispute it, raise tort defenses, and ultimately not pay leading to an insolvent fund and/or a "bailout" for the industry. The fund would also be set up initially with federal money, possibly submitting it to an annual appropriations process.
	5. Acceptable transaction: The bill essentially puts on hold on-going settlements and cases while the new system is put in place, and would apply retroactively to cases that haven’t gone to trial.
	While Labor is clearly opposed to H.R. 1283 it is willing to work with the industry to resolve many of the issues raised in the bill and address the concerns you expressed to me that impaired workers deserve proper medical attention and, expedient and fair compensation. To that end substitute legislation is currently being drafted.
	I hope this information is helpful. I certainly appreciate you seeking our input on this important matter. I look forward to speaking with you again on this or any other issue.
Legislative
Bill would restore Wage Lien priority for workers
	A Bill to restore priority to wage liens filed by workers against employers for unpaid wages and other compensation has been introduced in the state Senate. SB 320 is intended to reverse legislative action of two years ago that gave priority to banks and other lending institutions.
	For years, Wisconsin law gave workers priority in the filing of liens against businesses that fail to pay their employees the wages owed them.
	All of that changed, when a last minute provision sponsored by Assembly Republicans and backed by the state’s banking community made its way into the 1998 mini-budget. The law change was engineered in response to a Wisconsin Court of Appeals Decision that reaffirmed the priority of liens for unpaid wages and other compensation.
	In explaining its ruling the Court of Appeals said, "The absolute or sacred nature of the wage claim lien flows from a simple proposition: if workers are not paid their wages, they and their families will suffer."
	While the decision was good news for Wisconsin workers, it was not good news for banks and other lending institutions whose business property liens generally pre-dated wage liens.
	Since the law change, scores of Wisconsin workers have lost tens of thousands of dollars in pay and other compensation to multi-billion dollar corporations whose property interests now take precedent over wage earners.
	In remarks before the Senate Labor Committee, representatives of the Wisconsin Bankers Association, Community Bankers, and Land Title Companies expressed "sympathy" to unpaid workers who had fallen victim to this law in the past two years. Using the opportunity to explain the greater good that is served by investors who simply should not be expected to assume certain "risks," each warned the committee of the detrimental impact restoring wage lien priority might have on investment, economic development and jobs in the state.
	Speaking on behalf of the state AFL-CIO, Joanne Ricca noted that these were the same arguments that the Appeals Court rejected in its 1998 ruling when it upheld the priority of wage liens for workers.
	Quoting from the decision, Ricca said, "After all, a lien for wages is a lien for money that should have been paid in the first instance – money that, in the ordinary course of business, would not have been available to pay any claims of a secured party."
	Carl Rosen, District 11 United Electrical workers President provided a somewhat more human perspective. Rosen’s union represented about 40 workers at Steeltech in Milwaukee who were left owed $95,000 in unpaid wages and thousands more in unpaid vacation benefits after the company suspended operations last year.
	According to Rosen and other published reports, workers at Steeltech were coaxed into working without pay under the assurances of company executives that a financial reorganization was leading to new business opportunities for the investment strapped firm.
	City of Milwaukee officials backed up company claims, further reassuring workers that better times were just around the bend.
	"The first couple of weeks went by and management said it would be another week or two," Rosen said. "The company even continued to run weekly payroll checks – it just didn’t distribute them because there wasn’t any money in the account."
	SB 320 was referred out of Committee and taken up by the full Senate.
Recent Business closings where Wisconsin’s wage lien law has been used
	U.S. Leather, Inc.	Milwaukee
	Steeltech	Milwaukee
	Stadium Sports	Madison
	AR Accessories Group	West Bend
	LSJ Sportswear	Deerfield
	Source: Wisconsin Department of Workforce Development