Monday, November 10, 2008

A HERO'S HOMECOMING

The story you are about to read actually happened. You can't make up this kind of stuff.

Sometime prior to 9/11/01, there was a ramp worker at Northwest Airlines who worked in La Guardia, NY. His name was Bernie. He came to work and did his job to the best of his ability each and every day. One winter evening, during a shift Bernie was working, a US Air flight ran off the runway and into the icy waters nearby. Bernie, along with a number of other airport workers, responded swiftly to the accident, dove into the freezing water and assisted in rescuing a number of passengers by bringing them safely to land. Bernie never thought himself a hero, but in fact he was.

Northwest Airlines also recognized his act of heroism and later presented him with the "President's Award," the highest honor bestowed upon an employee of the company. Within a brief period of time, however, Bernie the hero was fired by NWA. They accused him, as well as two other coworkers, of the most serious terminable offense a company could charge you with.

Bernie, along with the others, filed a grievance with their union, the IAM, to fight their unjust terminations. The union processed it to arbitration. Sadly, Bernie had a heart attack just prior to the hearing date and died.

At this point, Bernie's grievance could have been withdrawn and the incident quickly forgotten. Bernie was single. He was never married nor did he have any children. His parents were both deceased and he, in fact, had only one sister and brother living somewhere in the state of New York, address unknown.

The IAM reviewed the facts of this case and saw the glaring inconsistencies, unsubstantiated charges and gaping holes in the company's case. The IAM proceeded with the case for all three grievants, two living and one deceased, before arbitrator Jack Flagler.

The union asked Mr. Flagler for a bit of latitude to present its case with one of the grievants not able to testify on his behalf nor able to be cross-examined by company counsel.

The company presented their case basically through the coworker who made the initial allegations of wrongdoing. He was not credible and got caught lying on the witness stand by the arbitrator.

In the end, all three were exonerated and won their grievances. The two living grievants returned to work, and all three were awarded back pay and benefits denied them during their wrongful termination. Bernie's good name was restored.

Arbitrator Flagler said, in his 40 years of experience, he has never known a case where the union represented a deceased union member in an arbitration hearing. It took the union nearly three months to track down one of Bernie's two living family members, But the sister was found and she received a check from NWA for nearly $25,000.

This story is not only about justice and restoring the good name of an employee dreadfully wronged, it is also the story of a union, the IAM, that went the extra mile for the people it represents.

It's a story to make you think, who will be there for you when you're virtually alone to face corporate injustice. This story is also true. I know firsthand - I was the union representative who presented this case. I'm also proud and honored to have had the opportunity to help restore Bernie's good name.

While I can't vouch for this part of the story as 100% true I do believe in my heart that upon Bernie's passing, he truly received a hero's welcome home and that he appreciated our efforts on behalf of his sister.

Al Wojcik

Learn more by visiting: www.goiamnow.org

1 comment:

Anonymous said...

To all Delta employees read the following article about misconceptions on unions. Enjoy
* Unions are corrupt: Several studies have been done that have demonstrated that less than 1% of locals had corruption problems. Contrast this with a 1980 investigation into corporate corruption by Fortune magazine that found that corporate corruption ran at 11%.

* American laws already protect workers enough: Think again! Without a union or a bargained contract, U.S. law considers all workers "At Will" employees. Simply, stated, an "at will" worker can legally be fired at any time and for no reason ... totally at the will and mercy of the employer!. Only a bargained contract gives you the same "due process" rights at work you have as a citizen generally.

* Unions only protect bad workers: Without a union or a contract, your employers can fire you for no reason or just a suspicion, anytime they want. A Union contract generally requires: 1. that in a layoff, you go by seniority; or 2. that the employer has to prove "just cause" to fire or discipline you.

We believe that protecting seniority also protects experience and expertise. Those are good things!.

"Just cause" just means the employer has to have convincing proof that a worker has done something wrong before he ruins someone's career. What's so bad about that? The truth is that bad workers are usually protected by bad or lazy management. All the Union does is make sure the employer has proof.

* You won't be able to talk to your managers about problems: Even if unions wanted to stop you from talking to managers about problems (and why on earth would they?) federal law mandates that you have the right to go to a manager with a problem without union representation.

Management will often complain that unions limit their "flexibility." But think about it: in their idea of "flexibility" who is always flexing, and who is being flexed? Do they really mean "flexibility," or do they just want to be free to be arbitrary and capricious?

* Unions would lead the company into bankruptcy: Unions do not ask for more in a contract than a company can afford. They know that the worst possible disservice that a union could do to its membership is to drive the company they work for out of business. In fact, during hard financial times, most unions will do everything in their power to help companies stay in business. The most famous example of this is the Chrysler bailout in the 80's - pressure from both Chrysler and the UAW led the federal government to give Chrysler the loans that saved the company. Also, concessions during this time by the union enabled Chrysler to turn the corner and become one of the most profitable companies in the world today.

* The union will be like having another boss: Actually, management reserves all "boss" functions (management's rights) in a contract. So you won't have to check with "the union" to go on vacation, justify being late, or any hiring or firing situations. What the union does do in these situations is to advocate for you if you feel that management's decisions are unfair. For example, if you aren't given a vacation you deserve, the union will do what it can to rectify the situation working with management. (The process by which they do this, known as the grievance procedure, is spelled out in the contract.)

* You won't be able to afford the dues: Union dues usually range between two and five hundred a year, depending on the industry, the union, etc. Union members set their own dues amounts so together you can effectively insure that gains in the contract will be more than the amount paid per month in dues. It's your union, and you can have a voice. Look around! Think how much less you're making without a union. That difference is the "non-union dues" you're already paying to your employer.

* You'll have to go on strike: Strikes are actually very rare. The chances that you'll go on strike over any given contract is about the same as the chances of the space shuttle blowing up at any given launch. (1 to 2%) The chances are much, much greater that you will end up with a fair contract. The only reason strikes leap to mind is that business' stress the fact that they could happen in order to scare employees, the media loves to cover them, and the labor movement glorifies them. (Understandable, I guess. Signing contracts lacks the drama. I can see my grandfather now: "Yessir, I remember the great contract signing of '34.)

Of course, the best way to avoid misconceptions and rumors is to go talk to employees who are currently under a contract with your local union. Go to a few stores or plants, talk to a few employees in each. Ask them if they like the union and if they are better off with it than without. It's worth the effort.
We thank Shannon Matthews of UFCW in Philadelphia and Dr. Puette of the University of Hawai'i Center for Labor Education & Research for much of the information on our "Union Yes!" pages.