logo header
July 2014Vol 2, Issue 1
Your Voice 
Your Choice 
OPEIU Local 39 Newsletter
Greetings!
So begins the second year of our Newsletter! I hope you've found the past year's worth of articles and opinions useful and informative. If there are articles you would like to see, please be sure to drop in to our Facebook page and leave a comment or suggestion.
 
In this edition of the Newsletter, we examine Discrimination in the workplace and what can be done about it. Unfortunately, the August Membership meeting has been cancelled. Go out and enjoy the summer night and we'll see you in November. 
 
.smiling-professional-hdr.jpg
In This Issue
Quick Links
P.S. Quarterly Membership Meeting - CANCELLED
The Quarterly Membership Meeting has been cancelled for August.

Due to some unforeseen circumstances, the Executive Board has cancelled the August meeting. But hey, it's summer. Enjoy the evening and we'll see you in November.
(when it will be dark by meeting time and what else will you have to do?)
 
As we have updates on the CMFG Reviews grievance, we'll send them to the CMFG mailing list. Otherwise, contact the Union office for more information.
Discrimination in the Workplace
Who is protected from discrimination? Can anyone, just going about the performance of their duties, be fired for something that has nothing to do with how well the work is performed?

The short answer? In many places, yes.

The longer answer is, it depends. There are many groups and characteristics that State and Federal governments consider to be "protected classes" and discrimination against, or harassment of, people who belong to those classes is against the law. These include Age, Disability, Race/Color, Religion (for purposes of the law, atheism is a protected "religion"), National Origin. But beyond those groups, laws do vary. Federal, State, and even local ordinance can all cover different groups differently. And as society changes so does the concept of who should be protected from discrimination.

When Wisconsin banned discrimination based on sexual orientation in 1982, it was the first state in the nation to do so. Today, more than 30 years later, most states have no laws protecting someone from being discriminated against in employment or housing because of their gender identity or expression (and some groups want to keep it that way). The cities of Milwaukee and Madison, as well as Dane County do have those legal protections in place but the rest of Wisconsin does not. To make things even more confusing, while there is not a federal law to protect LGBT workers (something like ENDA which is NOT law currently) President Obama recently announced that companies that do business with the Federal government can not discriminate. However, due to the recent Hobby Lobby ruling, the Supreme Court may have made it safe for pretty much any company to claim a "religious" basis to discriminate against pretty much anyone if they simply claim their religion requires it. 

This gets confusing.
Cartoon by Dan Allison
That's where Unions can help. The contract, or Collective Bargaining Agreement, requires an employer to spell out -- either in the contract or in other documented policies -- what is a firing offense and what steps MUST be followed before an employee can be fired. This helps prevent someone being fired for being the "wrong" kind of employee. The Union can help in determining if the Company is doing enough to protect someone from discrimination and help the employee in determining if discrimination might be going on. For example, one of the protected classes is age (the one class we will ALL move into if we stay on the job long enough). But not everyone can claim to be discriminated against because of their age. For example, companies can put in restrictions if the job is "Hazardous." And young people aren't considered to be "protected." According to the State of Wisconsin: "the law doesn't protect persons less than 40 years of age. Though questionable and perhaps unfair to younger workers, an employer can legally give a hiring "preference" to older workers." Enlisting the help of a Union steward if you feel you might be facing discrimination can help clarify for everyone if there is a possible violation of the contract, or even the law.

It's important to realize that there are two different factors at play when discrimination is alleged. One is the legal aspect. Discriminating against someone because of age, or race, or sex, or religion (or lack thereof), or any of the other protected classes is a legal offense. The Union can suggest attorneys, can put the employee into contact with someone who can discuss the merits of the case from a legal standpoint. The officers and stewards of the union are NOT attorneys and don't try to give legal advice. But we do work with attorneys and have put members in contact with legal professionals who are in a better position to judge the legal merits of a case.

photo by DeGust
The other aspect is the Union/worker/employer factor. Did they employer act in violation of the contract, past practice, or documented procedure in how the employee was treated? The Union can investigate that question, file a grievance, and do a number of things to push the employer to make the employee "whole" if there has been a violation of the contract resulting in loss of promotion or job because of discrimination. As we continue to look into the review issue at CMFG there has been questions asked by members to see if age might have been a factor in any of those suddenly finding themselves with bad reviews.

For any employee facing this situation, the approach is the same: Document everything, and if you think that your CAP or review was based on something about YOU that your manager doesn't like (as opposed to your actions) such as age, gender, orientation or identity (in Dane County or Milwaukee) then be sure to document that, as well. You can change and improve what you do. You can't change who you are or how old you are. And you do NOT have to.
Upcoming Membership Meetings
Unions = Gym Membership
Membership meetings are held the third Wednesday of the second month of the quarter, at 5:30 PM at the Local office. What does that actually mean?

 

August 20th, 2014
November 19th, 2014
February 18th, 2015
May 20th, 2015
August 19th, 2015 

This is your Union. Your participation gives us the tools we need to face the continued opposition of both companies and politicians. We strive to make the meetings relevant and to the point. Please  stop by and participate in the democracy that is your Union.
Enjoy your summer, but try to make room on the busy schedule for next month's membership meeting. And if you see what looks like discrimination going on around you, be sure to have a chat with a Steward. That's what they are here to do.
 
In Solidarity,
 
OPEIU Local 39
 
Copyright OPEIU Local 39. Content written and/or edited by David O. Engelstad
Suggestion for a Newsletter topic? Leave a comment on our Facebook page.