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CWA
news
Official Publication of the Communica-tions Workers of America (AFL-CIO, CLC)International Union Headquarters501 3rd Street, N.W.,Washington, D.C. 20001-2797Phone: (202) 434-1100
Address changes:Inquiries or corrections for CWA Newssubscriptions should be addressed to CWAMembership Dues Dept.
E-Mail:[email protected]
Produced byCWA Communications Department
Director/Executive EditorCandice M. Johnson
Senior Writer/EditorJanelle Hartman
Media Campaign CoordinatorStephen Chapman
Editorial SpecialistAlicia Nestor
Technical SpecialistSarah Splitt
what happens in Congress makes it harder to make sure wework in a safe environment and live in safe communities.Thats because the Senate rules are broken, making it virtu-ally impossible to move forward on progressive legislation.
Case in Point: the current fight in the U.S. Senate overreauthorizing the Violence Against Women Act. Since 1994,when this law was first adopted, there has been bipartisancooperation and a real understanding of just how importantthis program is to millions of people who face abuse.Sometimes that abuse happens at home, sometimes it findsits way to our work environment.
Nearly 20 percent of all violent crime oc-curs in the workplace, and 24 percent of
workplace violence is related to personal re-lationships. So its a workplace issue.
Now, a single senator is using his influ-ence to hold up progress on this bill.
Senator Chuck Grassley (R-Iowa), theranking Republican on the Senate JudiciaryCommittee, doesnt like the improvements tothe Violence Against Women Act reauthorization proposedby Senators Patrick Leahy (I-Vt.) and Mike Crapo (R-Idaho).Specifically, Senator Grassley doesnt want the program tocover domestic violence victims who are lesbian, gay, bisex-ual or transgender; he doesnt like the additional protectionsprovided for undocumented immigrants who are victims ofdomestic abuse; and he objects to giving Native Americantribes more authority to prosecute domestic violencecrimes.
Our work environment keepschanging. But there is oneconstant: whether youre aflight attendant in Chicago, a
corrections officer in West Virginia, apremise technician in
Ohio or a universityresearcher in Cali-fornia, our work en-vironment isimportant.
This issue of theCWA News looks at
whats happeningnow in our work envi-
ronment. That meansnew responses to heat
stress and electrocution hazards that face telecom techs,new ways to prevent violence in the workplace and realpenalties for employers that break the law and put workerslives in danger.
CWA is pushing back against management that wants tocut corners on safety to boost productivity and their bottomlines. And were fighting to make certain that all of ourmembers have safe and healthy workplaces, so that every-one makes it home after a day on the job.
Theres a real connection between the work we do onCapitol Hill, in state legislatures and in our communities andwhat happens in our working lives on the job. Too often,
Our Work Environment and How We Change It
W O R K I N G Together
Volume 72, No. 1 Spring 2012
CWA News (ISSN 0007-9227) is publishedquarterly Jan/Feb/March, April/May/June,July/Aug/Sept, and Oct/Nov/Dec by Communica-tions Workers of America, 501 3rd Street, N.W.,Washington, D.C. 20001-2797. PeriodicalPostage Paid at Washington, D.C. and additionalmailing officesPostmaster:Send address changes to CWANews, 501 3rd Street, N.W., Washington, D.C.20001-2797.Printedat Kelly Press, Cheverly, Md.Design
by Chadick+Kimball, Washington, D.C.CWA Executive BoardI PresidentLarry CohenI Secretary-TreasurerAnnie HillI Vice Presi-dentsDistrict 1, Christopher M. SheltonI Dis-trict 2-13, Edward MooneyI District 3, JudyDennisI District 4, Seth RosenI District 6,Claude CummingsI District 7, Mary TaylorIDistrict 9, Jim WeitkampI Telecommunicationsand Technologies, Ralph V. Maly Jr. I Public,Health Care and Education Workers, BrooksSunkettI Broadcast and Cable Television Work-ers, Jim JoyceI The Newspaper Guild-CWA,Bernie LunzerI IUE-CWA Industrial Division,Jim ClarkI Association of Flight Attendants-CWA, Veda ShookI PPMWS Executive OfficerDan WasserI At Large Board Members: Made-lyn Elder, Nestor Soto, Carolyn Wade, GregWynnI Director TNG-SCA Canada, MartinOHanlon
Larry Cohen, CWA President
Senator Leahy in response to the objections stated:You cannot say that we will seek to stop domestic vio-lence, but only for certain people. It just boggles themind.
Grassleys substitute bill not only eliminated improve-ments in the program but proposed big cuts in fundingand the elimination of the Justice Department office thatadministers the law and coordinates efforts on domesticviolence and sexual assault.
That substitute was defeated in committee, but becausour broken Senate rules require 60 votes before a measur
can even get to the Senate floor for debate, this programthat is so necessary to the lives of millions of Americansmay be permanently blocked.
One senators agenda can stop the work of the U.S.Senate, even on a life-and-death issue like this.
Thats why CWA has made fixing the broken Senaterules a key element in building our democracy. Workingwith partners, building a movement is the only way we canmove a progressive agenda forward in Washington, andbeyond.
By the numbersWorkers health and safety protections have a long way to go
I 4,340 workers were killed on the job in 2009, an average of 12 workers every day.
I More than 4.1 million work-related injuries and illnesses were reported in 2009, but health
and safety experts say the real number is as high as 12 million.
I Job illnesses and injuries cost as much as $318 billion a year.
I OSHA fines for employers that commit serious violations are extremely small, averaging jus
$1,052 for a federal violation and $858 for a state violation.
I More than 360,000 workers have died on the job since 1970, but only 84 cases have been
prosecuted.
I There are 2,218 federal and state OSHA inspectors on the job, or one inspector for every
57,984 workers. It would take 129 years to inspect every workplace.
Source: 2011 AFL-CIO Death on the Job: The Toll of Neglect. Data from 2009.
Nearly 20 percent of all violent crime occurs
in the workplace, and 24 percent of workplace
violence is related to personal relationships.
So its a workplace issue.
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CWA News / Spring 2012
Chilling details of the inves-tigative report by Califor-nias Division ofOccupational Safety and
Health into the UCLA lab fire thatkilled Sheri Sangji were just madepublic in January.
They contradict claims made bythe university since being criminallycharged by the Los Angeles CountyDistrict Attorney.
Senior Special Investigator BrianBaudendistel wrote, based upon theinvestigation, it is apparent that thelaboratory safety practices utilizedby UCLA prior to Victim Sangjisdeath were so defective as to renderthe Universitys required ChemicalHygiene Plan and Injury and IllnessPrevention Program essentially non-existent. The lack of adequate labsafety training and documentation,lack of effective hazard communica-tion practices, and repeated failureto correct persistent and repeatedsafety violations within Universitylabs, were all causal deficiencies thatled to a systematic breakdown ofoverall laboratory safety practices atUCLA.
The testimony obtained in thiscase clearly establishes that the Uni-versity accepted the fact that manyPrincipal Investigators [including
Cal OSHA Report ContradictsUCLA on Lab Incident
Our WorkEnvironment
Making workplaces safer has always been a top priority for CWA. Across our union, there are more
than 2,500 safety and health activists who work together to resolve critical issues for workers in every
sector. Injuries from poorly designed work stations or machinery, exposure to toxic chemicals and other
deadly substances, overwhelming levels of stress caused by electronic speedups and monitoring, the
violence that all too often is part of the job for law enforcement and corrections officers. Reducing and
eliminating these hazards to our safety and health, and working to strengthen standards have been thefocus of decades of work.
As our work environment changes, we need to do even more to make workplaces safer. And thats what
CWA locals and activists are doing every day.
The University of Californiaand a UCLA professor arefacing unprecedented felonycharges in connection with a
chemistry lab fire that fatally injuredUPTE-CWA Local 9119 memberSheri Sangji three years ago.
An arraignment is scheduled forMarch 7, and members of CWALocal 9119/University Professionaland Technical Employees have beenwriting personal letters to the LosAngeles County District Attorneyasking for justice for Sangjis familyand a fair outcome that will act todeter future tragedies like this.
Sangji, a 23-year-old staff re-search assistant, was severelyburned when air-sensitive chemicalsburst into flames and ignited herclothing. She died 18 days after theDec. 29, 2008, fire.
The filing of criminal charges isan important wake-up call for univer-sities and principal investigators(PIs) who often pay less attention tosafety than their counterparts in in-dustrial labs, said Joan Lichtermanof Local 9119s safety and healthcommittee. Universities need to en-sure that their PIs have the neces-sary training to ensure the healthand safety of employees they direct,
First-ever Criminal Charges Proceeding in UCLA Lab Fir
Unions Propose Lab
Safety Training for
UC Irvine
CWA, the UAW and AF-SCME are working to-gether to build a jointhealth and safety com
mittee to better protect workersat the University of California,Irvine. The plan is to develop ajoint lab safety training pro-gram, and identify and solveother safety issues throughoutthe university system.
The unions, in meetings witUC Irvine officials, have pro-posed a comprehensive generalab safety class for all lab work
ers and UPTE-CWA safety stewards, plus additional three-houspecialized training for chemicahazards, biological hazards,nanotech hazards, laser hazardand radioactive hazards.
These items were discussedat a February meeting of CWA,UAW, AFSCME and UC Irvinerepresentatives. The meetingproduced an agreement to mu-tually develop and conductsafety and health training forsmall group activity in labs, aswell as develop labor safety andhealth committee language.
Principal investigators, who
supervise UPTE-CWA memberat work, would work as instructors with union trainers.
At a hearing of the CaliforniaOccupational Safety and HealthStandards Board, UPTE-CWALocal 9119, CWA and UAW testified in support of UC Irvinesrequest for a permanent vari-ance in lab safety standards,based on the addition of severaimportant safety and health protections.
Harran, Sangjis supervisor] consis-tently failed to enforce the use ofpersonal protective equipment
within their labs as part of the cul-ture. In fact, as the Universitys for-mer Manager of Chemical Safety,William Peck, candidly admitted, ...Itwas kind of common knowledge thatlaboratory people dont use theproper PPE [personal protectiveequipment] when they are in the lab... it was hard to convince the pro-fessors that they needed to ... and ifthe professors didnt enforce it, no-body did.
Dr. Harran simply disregardedthe open and obvious dangers pre-sented in this case and permitted
Victim Sangji to work in a mannerthat knowingly caused her to be ex-posed to a serious and foreseeable
risk of serious injury or death, Bau-dendistel wrote.
Baudendistel also documentedtechnical failings in the lab and theinappropriate equipment that Sangjiused to handle a dangerous chemicalsubstance. If Dr. Harran had utilizeda standard operating procedure asrequired and would have properlytrained Victim Sangji, and assuredthat clothing appropriate for the workwas worn to protect her from inad-vertent exposure to tert-Butyl lithium,Victim Sangjis death would havebeen prevented, he concluded.
and PIs need to be aware of theirpersonal responsibility. They bothmust be held accountable when ex-periments go astray.
The prosecution of this case isthe first of its kind for an academiclab, and can have far-reaching ef-fects on lab safety, the local said.
Patrick Harran, a professor andSangjis supervisor, and the univer-sity each are charged with threecounts of willfully violating occupa-
tional safety and health standards.Specifically they are accused of fail-ing to correct unsafe work condi-tions in a timely manner, to requireclothing appropriate for the workand to provide proper chemicalsafety training.
Harran faces 4 years in prisonand the school could be fined up to$1.5 million for each of three viola-tions.
The potential penalties far exceed
Criminalcharges have
been filed inthe death of23-year oldUPTE-CWALocal 9119memberSheriShangji, whodied follow-ing a horrificchemical fire.
the $31,875 that Cal/OSHA finedUCLA in 2009 after ruling that Sangjihadnt been trained properly andwasnt wearing protective clothing.
At the time of her death, Sangjiwas a recent college graduate whotook the laboratory job before plan-ning to attend law school. Her dev-astated family has been pushinginvestigators to bring charges, call-ing it the the first step toward anykind of justice.
Missing something?
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Want the latest in bargaining? Or to learn about actions youcan join to stop the offshoring ofour jobs? Or the best of the web?
Then you need to read the weeklyCWA on-line newsletter.
Sign up at www.cwa-union.org.Fill in your email address and zipcode in the upper right hand col-umn, then click Subscribe.
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Our WorkEnvironment
Violence in the Workplace
AT&T technicians, always onthe streets, are reporting aspike in violence while onthe job. We'll be working
on a neighborhood box and some-one will come up and jump you,said Willis Ward, vice president andchair of Local 9404's health andsafety committee.
Several years ago, a CWA techni-cian who witnessed a shooting be-came a target after he was seentalking with police following the inci-dent. Soon after, gun-toting friendsof the shooter started followingAT&T vans.
Leaders from CWA Local 9404and 9415 pushed AT&T manage-ment for a workplace safety agree-ment to help protect members fromstreet violence. Now, technicianswho want to work with a partnermust be given one, and if workershave good reason for concern in cer-tain areas, they can refuse an as-
How big a problem is violence in the workplace? Its big and getting bigger.
Workers in a wide range of occupations face assault: police and corrections officers, ta
drivers, health care professionals and social workers who may come in contact with violent
clients and increasingly, telecommunications workers, flight attendants and retail sales workewho deal with the public and customer complaints.
Other forms of workplace violence include bullying, which is a repeated assault or
attack on an individual worker that can cause real harm and distress; harassment, which is
considered to be illegal discrimination; and retaliation. All of these behaviors are real workpl
hazards that CWA locals are fighting to stop.
Protecting AT&T Technicians
from Street ViolenceWell be working on a box and someone will come up and jump yousignment without fear of retaliationor suspension. Work is limited tomorning hours in defined areas ofhigh crime and monitored duringother times of day.
We know this isnt isolated toour area, but we wanted to set astandard for safety that we hope canbe expanded around the state,Ward said.
The dangerous conditions con-tinue to exist, and CWA is pressingAT&T to fully honor and implementthese provisions, which now are lim-ited to installation and repair divi-sions serving Richmond andOakland, Calif.
The locals saw a problem, iden-tified a solution and reached anagreement that helps safeguard ourmembers and the community, saidDistrict 9 Vice President JimWeitkamp. Were continuing tofight for full implementation andsafeguards for all workers.
Health care workers in NewYork States Kaleida net-work of hospitals andhealth care centers won a
new workplace violence committeeand a first-time commitment fromKaleida management to address theissue as part of contract negotiationslast year.
Women workers, members ofCWA Local 1168/Nurses United andthe majority of the workforce atKaleida, increasingly are the victims
of unprovoked violent attacks, fromunstable, mentally disturbed or angrypatients, and their family and visitors.
Nurses and other health careworkers in the Kaleida system havebeen beaten and lost consciousness,said CWA Local 1168 safety andhealth director Dana McCarthy. Heand others also worry that withoutstrong protections, violence couldfollow workers into the emergencyroom.
We treat victims of gang vio-lence, and a lingering worry iswhether what started on the street is
New Violence in the
Workplace Manual
CWAs Violence in theWorkplace manual hasjust been revised, withnew sections on
workplace bullying and how tofight back, CWA membersstories about how theyreworking to make their workenvironment safer, and newresources to use in your fightfor a safe workplace.
Find out more at http://www.cwa-union.org/pages/education.
Strong New Workplace Violenc
At Kaleida HealthcareWe worry whether what started on the street is going to be finished in th
going to be finished in the ER, Mc-Carthy said.
Kaleidas commitment to sitdown and address workers con-cerns over workplace violence andsafety came only as a result of along contract battle that also ad-
dressed wages, benefits, and aquate staffing, among other is
A massive mobilization malast year by more than 4,000 mbers of CWA Local 1168 and ounions, plus a strike vote, persuKaleida that workers and their
New York City traffic enforcement offi-cers, members of CWA Local 1182,face angry drivers and pedestriansevery day. Twelve years of mobiliza-tion and lobbying by local union lead-ers and activists resulted in a law thatmakes it a felony to assault a TEA.
Our Work Environment: City Streets
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CWA state childprotectiveservices workersmobilize for jobprotections and critical child services.
CWA News / Spring 2012
fighting to ensure that affectedmembers are provided adequatemedical monitoring and if necessary,treatment.
The Committee to Protect Jour-nalists reported that at least 46 jour-nalists were killed in 2011, mainly inthe Middle East and North Africa.Nine online journalists were killed fortheir work and 179 journalists wereimprisoned, as of Dec. 1. Anothernine journalists have been killed sofar in 2012. The International Feder-
ation of Journalists reported that106 journalists and media staff habeen killed; IFJ includes drivers afixers and support staff in itscounts.
TNG-CWA President Bernie Luzer said more must be done to sthe killing and to better protect jonalists and media workers, incluing training and better protectiveequipment in hazardous areas, including gas masks, bullet proofvests and other equipment.
Media Workers Put Their Safety on the Line
The work environment forjournalists and broadcastworkers couldnt be moredangerous today. Whether
covering demonstrations throughoutthe Middle East, civil war in Africa ordisasters here in the U.S., theseCWA members put their lives andsometimes their freedom on the lineto tell the world whats happening.
NABET-CWA President JimJoyce, whose sector representscamera operators, technicians andother workers, said viewers and
readers dont necessarily realizewhat it takes to get these stories andhow much risk people put into theirjobs.
Following last years earthquakeand nuclear plant breakdowns inJapan, NABET-CWA members wereon the job, covering those newsevents. That work took them intohazardous and potentially radiation-contaminated areas, but employersfailed to provide the necessary safe-guards. As a result, NABET-CWA is
guage
A massive mobilization by mem-bers of CWA Local 1168 led to anew contract and real protectionsagainst workplace violence.
CWA members working at West Virginias corrections and regional jails system, and juvenileservices, have a tough job, made harder by staff shortages and jail overcrowding.
mands were serious.Kaleida underestimated our
membership, but our mobilizationshowed them that we werentgoing to stand for any take backs,said Local President John Klein.
The locals workplace violencecommittee has been meeting with
Kaleida monthly, to develop a com-prehensive policy with specificsteps to protect workers from vio-lence. Kaleida has committed to re-view the committeesrecommendations this spring, butKlein says a commitment isnt aguarantee.
I think Kaleida is moving inthe right direction, but its going tobe a struggle to get what we want.Management, unfortunately, putsa dollar cost on everything. But,were in it for the long haul, Kleinsaid.
For N.J. Child Protective ServicesWorkers, Violence Comes with the JobSometimes, you really do take your life in your hands
Child care workers facemany of the same risks ofviolence as law enforce-ment officers. They work in
high-crime neighborhoods at allhours of the day, and they dont al-ways know what to expect when en-tering a home.
This work environment is a factof life for New Jerseys 5,600 childprotective services workers. CWAsNew Jersey locals have had to fightfor every single protection workersnow have to make their lives a littlesafer.
Its been a battle every step ofthe way, said CWA Local 1037
member Catherine Danatos, a childprotective services worker for 38years. It is only through our unionthat weve been able to get the pro-tections we have today. Local 1037represents 3,000 child protective
services workers; Locals 1038 and1039 represent another 2,600.
When Danatos began her careerin the 1970s, social workers in thefield had almost no way of calling forhelp. There werent cell phones then.It wasnt until the late 1980s that at-tacking a social worker was made astate criminal offense.
Because children are involved,our clients can get really emotional.And when drugs are part of thehome situation, people often getvolatile. Workers have been kid-napped, raped and attacked, shesaid.
Most of the security protections
workers have gained were wonthrough mobilization and buildingpublic support for workers safety.Workers have had to fight for everyworkplace protection, organizing pe-
tition drives, picketing duringlunchtimes, and holding meetingswith Department of Human Re-sources/Department of Children andFamilies officials. Our strong stew-ard network has enabled us to com-pile the documentation that we haveneeded over the years to show thatwhat we were asking was necessaryfor us to do our jobs safely,Danatos said.
It was just a few years ago thatthe state finally agreed to providecell phones for workers. And untilrecently, child protective servicesworkers did not have the right to anescort if they believed that there was
Taking a stand to keep programs thatprotect NJ children.
a real potential for danger. Sometimes, you really do take your lifeyour hands, said Danatos.
We now have a buddy systeand the right to have armed HumService police with us in dangerosituations, she said. Social workalso have been attacked in their ofices, so CWA locals pushed for scurity guards in every office.
But making further gains in sa
guarding workers on the job will difficult, said Local 1037 PresidenKen McNamara. Under GovernoChristie, weve gotten nothing buthe scorn that he has shown forstate workers. Its a real shame.
A day of stress and a long drive home
I
n West Virginia, CWA members of Local 2055 work in correc-tions, juvenile services and at regional jails. They face a tough jobevery day, one thats getting harder due to staff shortages andovercrowding, especially at the regional jails.
From working long hours to commuting long distances to dealingwith inmates at their worst, and even worrying about needle sticks inmedical units, these 1,400 CWA members juggle stress and danger-ous working conditions.
Following a recent incident where an inmate attempted to disarm acorrections officer, CWA is fighting for a bill that would make this kindof assault a felony.
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workers and managersfrom many of the 14 othercompanies where Local84755 represents workersthroughout Ohio. In Febru-
ary, the local held hazardrecognition training atDmax, bringing in teams ofmanagers and IUE-CWAmembers from Tenneco,Dayton Phoenix, DimcoGray, General Engine Prod-ucts and other companies.
We want our membersto have a safe workplace
Unlike most workers, flightattendants are excluded
from coverage of some im-portant federal laws. Theirwork environment, the aircraft cabin,is exempt from federal health and
safety laws and falls under FederalAviation Administration jurisdiction.
Only recently did flight attendantswin the right to Family and MedicalLeave Act protections, nearly 20years after other workers.
Today, flight attendants are fight-ing for limits on the number ofhours they can be required to workin a day. Fatigue is a critical problemfor flight attendants which affectsthe safety of passengers and the air-
craft.Under FAA regulations, flight at-tendants can be scheduled for up to14 hours a day, but often worklonger hours since there are no strictduty time limits when delays occur.Some days we fly eight legs, total-ing 16 hours in a 24 hour day, saidAFA-CWA member Katherine Bruni,president of the AFA Horizon masterexecutive council.
You really get exhausted after ashift like that. Eight legs means eightboardings, eight takeoffs, eight land-ings and eight times to do cabinservice, she explained. Its crazymath that we only get paid for thetime we spend working from board-ing to landing."
Pilots are covered by strickerhour and rest rules, as are air trafficcontrollers, but Bruni said flight at-tendants have been excluded be-cause the industry does notconsider us to be in a critical role be-cause we are not at the controls.
As flight attendant first respon-ders, the health and safety of pas-sengers depends on their being alertand calm during emergencies, dur-ing turbulence or when the aircrafthas to be evacuated.
Only in the Aircraft CabinCan a Workday Equal 16 Hours
If they are fatigued, they cantperform as well. Bruni says flight at-
tendants begin to show signs of ex-haustion after flying five legs orabout 12 hours. If youre tired, youdont always think clearly, and that
can be a real dangerto the aircraft.
Before everytakeoff, flight atten-dants perform vitalchecks, critical tothe safety of the air-craft and passenger.At regional carriers,they also make aweight-balancecount which theypass along to the
pilot. Knowing howmany passengers
Prevention 360 Targets Workplace Injuriein Manufacturing
One result of the economicdownturn was a push bymanagement for evengreater productivity from
workers, often at the expense of
workplace safety and health.To help reduce worker injuries intodays work environment, IUE-CWALocal 84755 initiated a work-cen-tered safety and health initiative atDmax, a GM plant in Moraine, Ohio,named Prevention 360.
Watching shops close anddownsize, we have taken a major in-terest in seeing that our companiesare productive and profitable, butthat shouldnt come at the expenseof increased injuries to our mem-bers, said local safety and health di-rector Debra Fisher.
The point of Prevention 360 issituational awareness, training us
about being responsive and stayingconscious to the 360 degrees ofspace that is around us.
The local conducted a thoroughreview of company processes andprocedures, workplace assess-ments, and job analysis. The bestapproach to preventing injuries is todraw on workers knowledge, tobrainstorm together, develop strongsafety and health committees, and inpartnership with other unions,Fisher said.
Training is key to the programssuccess, and the union involves
Flight attendants, not yet covered by OSHA, often work up to 16 hours a d
Local 84755 conducts safetytraining on fall prevention andworkplace hazards at Dmax plantin Moraine, Ohio.
and to return to their homes inpiece, said local president JamWinship. Employers are beginto recognize that our programproduce a safer workplace, he
Reducing workplace injuries fits employers as well.Everyone in the local ste
ards, members, activists, and cers gets involved. Winshipfall prevention class that helworkers better identify and recrisks on the job. At Dmax, for ple, members often work 12 femore above the ground, over b
gines and macTraining is
developing greawareness of oworkplace andwhats around We need to ma
sure that we aroff properly in ness while wohigh off the grand not followtines that havecome second nhe said.
Our Work
Environment
are in the aircraft, the seating distri-bution, and how many seats are not
occupied is critical to a safe takeoff.
Bruni participated in a major fa-tigue study by the FAA in 2006 andhoped that it would quickly lead to
sensible new limits on workinghours. Unfortunately, the report did-
You really get exhausted
after a shift like that.
Eight legs means eight
boardings, eight takeoffs,
eight landings and eight times
to do cabin service.
Katherine Bruni, presidentAFA Horizon MEC
nt result in any new duty hour regu-lations, and in fact, the FAA delayedthe reports release for over a year.
Recently, as a result of flight at-tendant mobilization and meetings
with Capitol Hill lawmakers, new leg-islation was introduced to address
flight attendant fatigue. The biAirline First Responder WorkpFairness Act, has strong bipartsupport, and flight attendants that fatigue issues finally will b
dressed.
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CWA News / Spring 2012
workers to sufferwith respiratory
problems.Workingthrough their labor-management andsafety and healthcommittees, work-ers are taking theirissues to manage-ment regularly, but improvementscome slowly.
There arent too many jobsmore challenging than work-
ing in a state mental healthfacility. These days, thosechallenges are even tougher, asbudget cutbacks and changing treat-ment philosophies make workingconditions even tougher for mentalhealth workers.
When mentally ill or psychoticpatients get out of control at NewMexico University Hospital in Albu-querque, its the job of CWAs mentalhealth associates and mental healthtechs to physically restrain them.The hospital administration is mov-ing away from using padded re-straints or straps and instead hasdirected workers to keep patients
under control.Right now we are struggling tokeep patients restrained without theusual tools, explained AdamKoontz, a mental health associate for13 years, and vice president of CWALocal 7076. Its not easy physicallyrestraining a patient who believesthat you are a demon.
For workers, the new policy hasmeant more injuries, including backinjuries, contusions, and concus-sions. Some workers have been at-tacked and beaten by patients.
Notice Regarding Union Security Agreements and Agency Fee Objection
As a general matter, employ-ees covered by a collectivebargaining agreement con-taining a Union security
clause are required, as a condition ofemployment, to pay an agency feeequal to normal Union dues (and,where applicable, initiation fees).While the wording of these clauses isnot perfectly uniform, none requiresmore than the payment of this agencyfee to retain employment.
The Communications Workers ofAmerica policy on agency fee objec-tions is the Unions means of meet-
ing its legal obligations to employeescovered by Union security clausesand of effectuating those employeeslegal rights as stated in the applica-ble decisions of the United StatesSupreme Court (including Beck v.CWA) and the companion lowercourt and labor agency decisions.Under the CWA policy, employeeswho are not members of the Union,but who pay agency fees pursuant toa Union security clause, may requesta reduction in that fee based on theirobjection to certain kinds of Unionexpenditures.
The policy provides an objectionperiod each year during May, fol-lowed by a reduction in the objec-tors fee for the twelve monthsbeginning with July and runningthrough June of the following year.
Briefly stated, CWAs objectionpolicy works as follows:
1. The agency fee payable by ob-jectors will be based on the Unionsexpenditures for those activities orprojects germane to collective bar-gaining, contract administration, andgrievance adjustment within themeaning of applicable United States
Supreme Court decisions.Among these chargeable ex-
penditures are those going for nego-tiations with employers, enforcingcollective bargaining agreements, in-formal meetings with employer rep-resentatives, discussion ofwork-related issues with employees,handling employees work-relatedproblems through the grievance pro-cedure, administrative agencies, orinformal meetings, and Union ad-ministration. In the past, approxi-mately 70-75% of the InternationalUnions expenditures have gone for
such activities. The percentages ofLocal Union expenditures onchargeable activities have gener-ally been higher. Among the expen-ditures treated as nonchargeable,which objectors will not be requiredto support, are those going for com-munity service (including participat-ing in charitable events), legislativeactivity, cost of affiliation with non-CWA organizations, support of polit-ical candidates, participating inpolitical events, recruitment of mem-bers to the Union, and members-only benefits (including
members-only social events). In thepast, approximately 25-30% of theInternational Unions expenditureshave gone for such nonchargeableexpenditures. The percentages ofLocal Union expenditures on non-chargeable activities have generallybeen lower.
2. Objectors will be given a fullexplanation of the basis for the re-duced fee charged to them. That ex-planation will include a more detailedlist of the categories of expendituresdeemed to be chargeable andthose deemed to be noncharge-
able, and the independent certifiedpublic accountants report showingthe Unions expenditures on whichthe fee is based. In addition to anyother avenue of relief available underthe law, objectors will have the op-tion of challenging the Unions calcu-lation of the reduced fee before animpartial arbitrator appointed by theAmerican Arbitration Association,and a portion of the objectors feeshall be held in escrow while he orshe pursues that challenge. Detailson the method of making such achallenge and the rights accorded to
those who do so will be provided toobjectors along with the explanationof the fee calculation.
3. Objections for the period ofJuly through June must be sent dur-ing May. Objections will be honoredfor one year unless the objectionspecifically states that it is continu-ing in nature. Continuing objectionswill be honored for as long as theagency fee payer remains in the bar-gaining unit. Agency fee payers whoare new to the bargaining unit, orwho are returning to the bargainingunit, may object within thirty days of
receiving this notice. In addition,employees who resign Union mebership may object within thirty dof becoming an agency fee payerEmployees filing these objectionseither circumstance should so stathat circumstance in their letter oobjection. New bargaining unitmembers are to receive this noticprior to any demand being madeupon them for the payment ofagency fees. If, however, for any son a new unit member begins ping agency fees prior to the receiof this notice, he or she may obje
retroactively to the commencemeof such payments and for the durtion of the current annual objectioperiod.
The letter of objection should inclname, address, social security nuber, CWA Local number, and em-ployer. Objections must be sent tothe Agency Fee Administrator, CW501 Third Street, NW, WashingtoDC 20001-2797.
In New Mexico, Patient Control isChallenge for Mental Health Workers
Neck and back strain injuriesare a common injury forhealth care workers whoassist bedridden patients
on a daily basis and often put toomuch strain on themselves while as-sisting patients in and out of bed.
Nurses United/CWA Local 1168members in New Yorks Kaleida sys-tem pioneered a safe-patient-han-dling no-lift program that hassignificantly reduced injuries to not
Our WorkEnvironment
Safe-Patient-Handling Program
Reduces Workers Injuriesonly workers, but also patients.Today, instead of lifting patients,
workers won new contract protec-tions that require the use of mechan-ical lifts. Within 18 months, workersneck and back strains and sprainsdropped by more than 70 percent,and patients injuries from fractures,fell nearly as much.
Getting the policy in place was along process. It began in 2000, withnewly negotiated ergonomics lan-
guage. This led to the creation ofjoint labor-management safety comittee whose mandate was to crea safe and health workplace.
We were lifting patients all thtime and we knew that the proceshad to change, said Local safetyand health director Dana McCarth
Local 1168 has been workinghave its Kaleida program used asmodel for safe-patient-handling picy throughout New York State.
Workers have asked hospital ad-ministrators to provide padded
shields or some other form of pro-tection the mental health workerscan use with an unruly patient, butthe hospital has denied the request.Its not unusual for us to have tohold on to a patient for over anhour, said Koontz.
Workers also requested ad-vanced crisis prevention training, butso far the hospital has trained justone person and hasnt offered anymore sessions. Most workers typi-cally work an eight-hour shift forfour or five days a week, but forsome, putting in more than 100hours a week isnt unusual.
Patients at the university hospital
include children aged 5 to 18, adults,and elderly persons. The averagelength of a stay for most patients issix to nine days, but Koontz said pa-tients keep coming back because thehospital and the insurance compa-nies focus more on treating thesymptoms and not the cause.
Its really sad that we are throw-ing people back into the communitywith very little therapy. The trend istoward more medication and inmanaging the patient, when what weneed is more one-on-one therapy
that is reality-based and can help thepatients improve.
Understaffing and other criticalissues are not getting attention fromhospital administration, nor does themental health unit benefit from statefunds that are being channeled tomore profitable parts of the univer-sitys hospital system. Many of thebuildings they work in are deteriorat-ing and mold is becoming an in-creasing issue, causing some
8/2/2019 CWA News - Spring 2012
8/8
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Last September, Brent Robin-son, a Verizon field techni-cian, started feeling sickwhile installing phone service
at a customer's house in Cuca-monga, Calif. Working outdoors in100-105 degree heat, the Local 9588member called his supervisor andasked to be released to go home.That request was denied, and Robin-son continued with the installation.
On route to his next job, Robin-son stopped at a grocery store for acool drink. Feeling worse, he called
911. By the time the ambulance ar-rived, the tech was unconscious.Medical personnel performed emer-gency care and he was rushed to thehospital, but it was too late. Robin-son, aged 55, died.
His death is tragic. The evengreater tragedy is that Robinsonsdeath and other heat stress fatalitiesare preventable. They should neverhappen. The warning signs and con-ditions that can lead to heat stressare recognizable. Since 2010, CWAhas been leading a Heat Stress Cam-paign to educate telecommunica-
Heat Stress, a Burning Issue for Outside Telecom Tech
Electrical Hazards: An Everyday Danger for Telecom Technician
W
orking around electricalpower lines is an every-day hazard for thou-sands of CWA telecom
technicians. Ensuring worker safetymeans comprehensive training,training that emphasizes safe clear-ance and approach distances fortechs working in buckets near powerlines.
With downsizings and cutbacks,were concerned that employers arepushing techs to work more quickly,possibly causing some to cut cor-ners and not follow proper safetyprocedures, said CWA Local 1109executive vice president Chris Cal-abrese.
These fears were heightened bythe death of Local 1109 memberDoug Lalima last September. While
working in an aerial bucket in Brook-lyn, the 37-year-old Verizon linemancame into contact with power lines.Lalimas death is under investigationby OSHA and the local has filed agrievance against Verizon chargingthat the company failed to providethe lineman with proper training andequipment.
tions workers about heat stress:how to prevent it, how to identify itand how to ensure the employer isin compliance with state and federalstandards and guidelines.
Since last year, more than 500local safety and health activists haveattended training classes in Districts2-13, 4, 6, 7 and 9. Activists are tak-
ing what they learn back to their lo-cals and training co-workers aboutthe issue that affects so many out-side technicians.
In a CWA heat stress survey con-ducted in 2010, two-thirds of themore than 1,000 respondents, tech-nicians at CenturyLink, AT&T andVerizon, said they had experienced
extreme discomfort from heatperforming their jobs. Three-qters said their employers had nprovided adequate training foring in high heat conditions. Eigfive percent said employers haissued work procedures or proequipment.
Employers that send workout in very high temperaturesshould stress the importance ing cool-down breaks instead complaining about how long wers are running the air conditio
in the company truck, said Lo9588 safety and health chair RHarris. Under CalOSHA regulaemployees working in extremeconditions are entitled to a 10-minute break whenever necessor hourly.
Brent Robinson probably be alive today had the compantened to his request to be allowgo home, said Harris. The loca grievance with Verizon over ttechnicians death as well as aplaint with CalOSHA.
Electrical hazards have been amajor concern for locals and CWAsOccupational Safety and Health De-
partment, which has been holdingworkshops with Verizon and othertelecom employers and CWA mem-
bers since 2007 to reduce the risk ofelectrocution.
The trainings resulted from a set-tlement agreement CWA reached
with the company following fourelectrocutions of Verizon technicians two CWA members in Marylandand Indiana and two IBEW members in an eight-month period from2006 to 2007.
CWA and the IBEW met with Ver-izon to discuss changes in educa-tion, training, tools and equipmentto try to ensure that no one else iskilled or disabled by telecom work-ers proximity to power lines.
Unfortunately, while CWA hascontinued training programs, thecompanys participation dropped off
significantly following Verizonsion to eliminate its safety andhealth department in 2009.
The circumstances surroun
Lalimas death are very similarthat of the CWA technician whfrom electrocution in 2007.
Locals have to hold emploaccountable to follow throughtheir commitment to our safetTheres no excuse for cutting cners when it comes to providinequate training and equipmentCalabrese said.
A CWA technician at AT&T electrocuted in Detroit in 2010following that incident, CWA pposed joint electrical hazards ting. The company said no.
Electrocu-tion re-mains aneverydaydanger forCWA tele-com tech-nicians.Since2006, atleast sixtechs havedied on thejob.
CWA is leading a heat stress campaign to provide workers with importantinformation and make sure that employers are following state and federal law.