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October 2013Vol 1, Issue 4
Your Voice 
Your Choice 
OPEIU Local 39 Newsletter
Greetings!
There's an opinion that's heard from some quarters that workplace harassment is something new since the advent of "Political Correctness." Or maybe it's just because some people "can't take a joke." But workplace harassment is really nothing new in the world. When we were in school we all knew what it was, even though it was called by another name.

Bullying.

If you're feeling harassed -- bullied -- in the workplace, the Union can help.
In This Issue
For More Information
A Bully by Any Other Name
leaning-locker-girl.jpg
Did any of us make it out of school without being bullied or seeing someone bullied? In simplest terms, that's what workplace harassment is: one person who uses something about another person against them, sometimes to torment and sometimes to gain something.

Workplace harassment is a big issue, much bigger than any one newsletter. I know in my workplace we routinely go through a long on-line training course to help us identify harassment, methods for preventing or stopping harassment, and the process for reporting harassment of ourselves or others. This article does not in any way constitute legal advice, but it might provide a bit more information or another way of looking at the situation.

There is a hierarchy to both discrimination and harassment legislation. Over the course of much of the 20th century, federal law began to recognize certain "protected classes." These groups have a history of unfavorable treatment in the workplace and so now are able to claim some protection from that sort of ill-treatment. The state must abide by Federal law but may add additional protected classes, and the employer may identify others in addition to those of the state and federal classifications. According to the US Equal Employment Opportunity Commission:

...it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 

Looking at the list, it's clear that every one of us will be a member of at least one protected class if we live long enough.

Harared_piggy_bank.jpgssment happens when someone uses the characteristics of a person in a protected class against them. Constant or repeated verbal abuse, derogatory comments, the posting of cartoons or literature, lewd comments or gestures all contribute to a hostile work environment. Anyone can act as the bully -- the harasser -- not just management. But if it is coming from someone in a position of power then there can be the added element of coercion, forcing the target of the harassment into doing things that, if the person had a free choice, they wouldn't do. Schoolyard bullies used taunts and "jokes" to torment their victims and take their lunch money. Workplace bullies use many of the same tactics, with a thin line of distance to claim deniability: it was just a joke, I didn't mean anything by it, don't you have a sense of humor, you want to get ahead, don't you? But they threaten our place at work, our ability to earn, or worse. That's not lunch money they try to coerce out of people.

Not every instance of bad behavior rises to the legal definition of harassment. Despite the critics that try to downplay harassment as a charge that anyone can bring because "their fee fees are hurt," that's just not true. Workplace harassment happens when an employee in a protected class is targeted because they are a member of that class. Granted, it can be confusing. The courts are constantly refining and amending what rises to the level of actionable harassment. Not everything does, sometimes for nonsensical (yet legalistic) reasons.

But we all recognize bullies, even if what they do might not be harassment in the legal definition. That's one place where the Union can help. If that familiar feeling of dread has taken root in your stomach, contact a Steward or the Union office. Most of our companies have guidelines on how to deal with harassment because they want to encourage a happy, productive workplace. Refer to those guidelines, talk to your manager/supervisor, but also contact the Union. We can bring an outside voice into the situation, make sure the company follows its guidelines, and even help mediate if the issue is between union members.

If the company doesn't do its job of protecting workers from a hostile workplace, then the Union can file a grievance and make every effort to force the company to do what's right.Harassment is a real, true, legal thing. Every company needs to follow federal and state laws to protect workers from a hostile workplace. And it's just a bad idea to let harassment continue because it saps productivity and opens the company to lawsuits and bad press, which is why most companies have set up guidelines for employees to follow should they see or be victims of harassment. The Union can also play a role, if in nothing else, reminding the company of the need to follow the laws. All of us deserve to be in a workplace free from bullies. 
Around the Local 
Only a few updates this month.

MG&E
The Twenty First Annual Utility Workers Coalition Conference was held September 5-6, at the Concourse Hotel in Madison. The Coalition members unions represent utility workers from across the Midwest. Four stewards from our Local attended this year's conference, with health care a major topic. The trend continues to be shifting more of the cost to the employee and changing the health plan design, something that's being seen around the Local.Discussions included a union based alternative to employer sponsored plans.

Don Taylor from the UW School for Workers also provided a workshop on so-called "Right to Work" legislation.
The workshop was very informative and relevant given the current political and legislative environment across the country. Discussion's included how unions can survive and succeed in such an environment.

CUNA Inc
Bargaining has begun. If you have issues of concern you'd like the bargaining committee to address, please reach out to Gary Aide, Bill Burns, Paul Ledin, Shawn San Roman (Chief Steward), or Debi Eveland (Business Agent). 
Two New Benefits from OPEIU
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The most popular benefit of the old Perks card was the towing and service call offer. Even though the Perks card has ended, the towing and service benefit continues! Look for new cards to be included in the next issue of White Collar.

But there are new benefits for members as well! At the 26th OPEIU convention, delegates approved a $2000 life insurance benefit and a $2000 accidental death and dismemberment benefit. These new benefits are being provided at no additional cost for those in our union. Cards for both of these benefits will also be found in the next issue of White Collar.

If you have questions about this information or if you don't get the next issue of White Collar, please contact the International Office or by calling 212-675-3210.
None of us can do our best in a hostile workplace and none of us should have to try. Thankfully, most of the people we work with are good folks. But, just like the playground bullies back in the day, it only takes one to make going to work something to be dreaded (and not just on Mondays after a Packers loss). We hope this information has been useful to you. Please, as always, contact the Union office if you have questions, or send in your comments/suggestions.

In Solidarity,

OPEIU Local 39
Copyright OPEIU Local 39. Content written and/or edited by David O. Engelstad