Two months after the 1955 Montgomery Bus Boycott began, the United Packinghouse Workers of America (UPWA) met with Rev. Dr. Martin Luther King Jr. and formed a lasting partnership between the labor movement and the civil rights movement. The new Southern Christian Leadership Conference (SCLC) led by King pledged to help organize southern meatpacking plants, while the UPWA pledged to financially support civil rights campaigns. But it soon became clear that the partnership would go beyond this scope. When the House Un-American Activities Committee (HUAC) accused the UPWA of having Communist ties, King reached out to the UPWA, helped it comply with AFL-CIO ethical practice codes, and co-authored a response to the HUAC accusations. “It is tragic indeed that some of our reactionary brothers in America will go to the limit of giving Communism credit for all good things that happen in our nation.” King wrote in a SCLC press release. King considered the struggle for labor rights and civil rights intertwined. He spoke often at union halls claiming that “for it is axiomatic that what Labor needs, Negroes need...” The 1963 March on Washington where King delivered his famous “I Have a Dream” speech was also co-organized by labor leaders such as Walter Reuther, then president of the United Auto Workers (UAW). King also had criticisms about some in the labor movement at the time. In a 1961 speech at the AFL-CIO Fourth Constitutional Convention, he bluntly called out their refusal to integrate southern locals, enforcement of discriminatory practices in the workplace, and their censure of prominent African-American labor organizer, A. Philip Randolph. However, King never cut ties with the labor movement despite his reservations. Even when he criticized labor unions, he highlighted that the coalition between the labor movement and the civil rights movement was not a preference, but an absolute necessity. As time went on, more of the labor movement heeded King’s words. In 1967, King praised the Teamsters for their racial integration efforts without the need for court orders or pressure. As of 2021, about two-thirds of bargaining unit employees are now women and/or people of color. While there are continuing discussions on the treatment of minorities within the rank & file, the statistics justify King’s faith in the labor movement as a champion for civil rights. King included labor leaders in his further initiatives such as the Poor People’s Campaign and continued to speak to labor unions to his dying day. King not only stayed firm in his beliefs in the labor-civil rights movement coalition, but he also painted a bright future for America as a call to action. On April 3, 1968, the day before his assassination, he addressed the African-American sanitation workers of the American Federation of State, County and Municipal Employees (AFSCME) Local 1733, closing with the following words: “Well, I don't know what will happen now. We've got some difficult days ahead. But it doesn't matter with me now. Because I've been to the mountaintop. And I don't mind. Like anybody, I would like to live a long life. Longevity has its place. But I'm not concerned about that now. I just want to do God's will. And He's allowed me to go up to the mountain. And I've looked over. And I've seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land. So I'm happy, tonight. I'm not worried about anything. I'm not fearing any man. Mine eyes have seen the glory of the coming of the Lord.”
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The doctor recommended at least 18 weeks to recover from childbirth. The Federal Employee Paid Leave Act (FEPLA) gave her 12 weeks of fully paid parental leave. To supplement the parental leave, Jane (whose name was changed for this article) requested 6 weeks of advanced sick leave. After all, she wanted to make sure she recovered fully so that both she and her newborn would receive the best care. Management denied her request, saying she was too mission-critical for her to be gone that long. When she wanted to discuss a solution to this issue, Management only suggested filing a grievance and declined any further discussion on the matter.
The grievance process could take months, and she was 38 weeks pregnant. Management knew that the grievance process could take months, they were fully aware of her pregnancy, and still they closed the door on her. Left with no other options, she decided to go to the office of IFPTE Local 98. Union leadership called for an emergency meeting at lunch on the same day to discuss this issue. Despite the short notice, the conference room was filled with union members. Jane explained the situation to her fellow union members in tears, fearing the financial stress that would compound the stresses of physical recovery and caring for a newborn. Pregnancy and childbirth cause some of the most demanding physical and psychological changes, and parents are expected to endure a recovery period with pain, sleep deprivation, fatigue, and exacerbation of mental health disorders. The muscles in a human body postpartum will not be restored to pre-pregnant physiology until at least 6 months after childbirth. While FEPLA provides a well-appreciated safety net for new parents, the science states that parents should be allowed more leave for recovery and for infant development. Still, Jane only requested 18 weeks, not 6 months, partially with her own accrued leave. Moved by this story, the Union membership resolved to confront management immediately about the disenfranchisement of a pregnant worker. But instead of filing a grievance as management suggested, the Union chose to use direct action. The Union wrote their demands on the conference room whiteboard, spread the word to the rest of the office, and presented Management with a signed petition all on that same day. The following morning, Management entered a lengthy meeting, concluding with a decision to grant her a combined 18 weeks of postpartum leave, just as the doctor ordered. Thanks to IFPTE Local 98’s active members, recent expansion of union leadership, and plenty of experience in direct action initiatives, Jane’s story reached the farthest edges of the district and spurred the bargaining unit into action. While the grievance process is an important tool for unions, Local 98 recognized early on that their best tool was the collective power of the bargaining unit. All federal employees have a legal right to assist a union without fear of retaliation (whether they are members or not) as enshrined in Title V of the United States Code §7102. Solidarity is what delivered Jane’s sick leave, and if all workers exercise their right to stand up for their peers, we may be able to weather any storms lie ahead. IFPTE wishes Jane a well-deserved recovery where the focus will be on her family and her family alone. The Water Resources Development Act (WRDA) is a biennial bill that among other things, establishes policy for USACE. Because of this, it is a relevant way for USACE workers to influence USACE personnel policy.
A right of employees under the Federal Service Labor-Management Relations Statute (FSLMRS), codified at 5 U.S.C. 7102, is to "to present the views of the labor organization to ... the Congress..." IFPTE ACE Council locals utilized this right to present the issue of remote operations of USACE locks and dams to many members of Congress. Since this work occurred prior to any actual bill language being proposed by a member of Congress, it is considered "advocacy" as opposed to "lobbying." U.S. Representative Krishnamoorthi (D-IL) submitted IFPTE-drafted language, and it was incorporated into the House WRDA bill as Section 1149. This language was included in the conference bill agreed to by the House and Senate; and the conference bill was passed by Congress on December 18th. This language protects the jobs of USACE lock and dam operators in the future with respect to automation of the facilities. It does not prohibit USACE from installing the technical upgrades, but they must meet certain criteria and justify the action. It further would require a public process that "includes engagement with ... personnel" which will give the employees a chance to voice their opinions. One of the most fundamental elements of the Federal Service Labor-Management Relations Statute is the section on employee rights enumerated at 5 U.S.C. 7102. These rights include, among other things, the right to "form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal..." Assisting a labor organization can take many forms, but the law does not restrict it to negotiations or representation in investigations.
Indeed, the law continues and provides another category of protected activity: "to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government..." This means that all bargaining unit employees, regardless of union membership status, are legally protected in collective problem-solving, and then through the union, taking those solutions to management. This right is not unique to any particular collectively bargained union contract - it's established in law! |
The ACE AdvocateA publication of the IFPTE ACE Council. Managing Editor, John Berens. Content by the ACE Council Communications Committee. Archives
January 2025
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The ACE Council represents the interests of more than 4,000 federal employees working at district and division offices, and business centers and laboratories of the US Army Corps of Engineers across the country.
All references to the Army Corps of Engineers or other agencies of the Department of Defense and the federal government are for identification purposes only. |