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Morning Session

October/November 2001 IBEW Journal

President Hill opened the convention at 9 a.m. and introduced the Reverend Margot Campbell Gross of the First Unitarian Universalist Society of San Francisco as one of the activists of the Bay Area Organizing Committee, a coalition of religious, union and academic groups. The coalition is currently rallying support for the right of the Marriott Hotel workers to have union representation.

In her invocation, Reverend Gross said "We pray for each and every one in America as they react to this terrible news in grief, in numbness, in pain." She urged everyone to follow the words of Dr. Martin Luther King, Jr.: "We must learn to live together as brothers, or we shall perish together as fools."

President Hill announced to the convention that in addition to the members of Local 3, New York City, who were at work in the World Trade Center when the terrorists struck, "Local 1212, New York City, also lost four members in this tragedy." He promised later word on the relief fund to handle the outpouring of contributions from convention delegates.

President Hill introduced Ralph Leigon with the affectionate term "old warrior" because "International Secretary Emeritus Ralph Leigon is one of the leaders from whom we have learned and are proud to follow in office."

President Hill traced Leigons service in World War II, his rise through the ranks of the IBEW and his great performance in developing the Democratic Party in his native Nevada. Leigon, who told the convention he hadnt missed an International Convention since 1950, became International Secretary in 1976 and served until his retirement in 1985.

"You will not forget the work that you do here," Leigon said. "Every convention establishes its own identity. Youre different than any other weve ever had, and youre different than any other we will have in the future." After the IBEWs unprecedented effort in the 2000 elections, Leigon said, "Allow me to add just one word of caution. Dont neglect to involve retirees" in the future work of the Brotherhood. [ Leigon Speech ]

Resolutions Committee Chairman Brian DArcy and Secretary Barbara Musacchio then continued their report.

Resolution No. 9 on the reciprocity of welfare funds was sent back to the committee for reconsideration. The committee had recommended nonconcurrence on the grounds the issue can only be addressed by a signatory trust fund. But Delegate Fernand Tardif of Local 625, Halifax, Nova Scotia, sponsor of the resolution, cited a misunderstanding of intent and offered new language. By a standing vote, the convention agreed to return the resolution to the committee to consider Tardifs proposed new language. Tardif said his new phrasing made clear there was no intent to curtail local autonomy over welfare funds.

The convention approved the Resolutions Committees re-write of Resolution No. 10, stating that the IBEW "take a strong position with the other building trades to uphold and honor the jurisdictional HV/AC electrical work interpretation of the Green Book." The committee said the change made clear that the National Building & Construction Trades Council, author of the Green Book, does not hold authority over jurisdiction.

Mike Hnatkowsky of Local 98, Philadelphia, said "most of us know the HV/AC systems and controls that once were pneumatic are now predominantly electrical or electronic" but that members of the UA (Plumbers & Pipefitters) "still get confused."

Resolutions 15 and 16 on the rollover of traveling construction workers pension benefits were approved after the committee combined the two resolutions and recommended concurrence. The adopted resolution says the convention supports "all efforts to enhance the portability of benefits for traveling participants" and states that the International Officers will work to that end.

National Electrical Benefit Fund (NEBF) Trustees were urged "to continue to strive for a lower age for full retirement, as well as a lower age for early retirement opportunities with lesser penalties" under a resolution substituted for Resolutions 17, 21, 22 and 23, all dealing with the NEBF. The convention approved the committees substitute.

Similarly, six other resolutions (Nos. 18, 19, 20, 24, 25 and 26) on NEBF were combined in a committee substitute which the convention approved. In discussion on the substitute resolution, Delegate James Kauffman of Local 24, Baltimore, said "We cannot require the trustees of the NEBF to take an action, [but] we can state on the record the improvements we would like to be considered."

Improvements mentioned in the resolution include increases in benefits and the contribution rate, independent medical evaluations in disability cases and more liberal clauses on break in service and surviving spouses benefits.

The right to rejectsingled out as a festering problem by President Hill in his keynote addresscan mean rejection for union activism, Mark Catello of Local 573 told the convention. Catello said he had a "target on my back. Like some of you, I have been rejected, fired and had many tactics used against me because of my union loyalty."

Committee Secretary Musacchio said the combined resolution passed by the convention (Nos. 27 and 28) calls for a right to reject only for cause and would require an employer who rejects an applicant to provide the reason for that rejection.

The decision on when to invoke Council of Industrial Relations (CIR) mechanisms for dispute settlement should be left to local collective bargaining, the convention said in agreeing with the committees recommendation of nonconcurrence with a resolution (No. 30) calling for all construction agreements to have mandatory CIR language.

The convention reiterated its opposition to electricity deregulation (Nos. 31 and 32) by concurring with the committees recommendation. On deregulation, Dave Poklinkoski of Local 2304, Madison, Wisconsin, said the deregulation fight can now consume a good 50 percent of a utility locals resources.

"The privatization battles go on in Canada. Half of the states in the U.S. have not deregulated; and those that have deregulated are stepping back and stumbling," he said. He quoted an exhortation by California public official Dave Freeman, a scheduled speaker at the convention who also spoke at the Utility Conference as saying, "We rise up united in one voice and drive a dagger in the heart of this thing called utility deregulation."

President Hill introduced Kevin OSullivan, a third generation IBEW member from Local 164 in Jersey City, New Jersey, as a replacement speaker at the request of President Edward Sullivan of the AFL-CIO Building and Construction Trades Department. Sullivan was unable to get to San Francisco and asked that OSullivan speak for him. OSullivan is the BCTD political field representative who helps mobilize local unions from all the trades; he was attending the convention as a guest.

OSullivan told the convention that the growing strength of the trades in political and legislative affairs was evident in President Bushs attempt to reach out to them for support of his energy proposal. "And were going to support it if we can get assurance that the 1,800 power plants and related transmission lines will be built with union laborespecially union electrical workers." [ O'Sullivan Speech ]

President Hill reported that convention delegates had contributed $17,930 to IBEW PAC and "that does not include local union checks that have been given to us."

He then introduced "one of the finest labor lawyers in the United States," IBEW General Counsel Laurence Cohen. "Larrys legal credentials are without peer in the world of labor law and his commitment to working people runs as deep as anyones. He has the heart and the soul of a trade unionist."

Cohen traced recent court cases affecting the IBEW, including the preliminary federal court decision against President Bushs Executive Order banning Project Labor Agreements on the grounds it violates the National Labor Relations Act. Cohen also warned that Bush appointments do not bode well for union workersincluding reactionary Supreme Court Justice Antonin Scalias son to be the top lawyer at the Labor Department. [ Cohen Speech ]

Delegate Donald Krause of Local 499, Des Moines, Iowa, spoke from the floor to report an ongoing problem since 1991 with maintaining insurance benefits for utility company retirees. "We have filed an NLRB case but the company has appealed it every time weve won the case." He said the intervenors are big companies like Southern and Enron and the holdup on the NLRB decision means "people who have retired since 1991 are paying an awful lot out of their pocket." The fourth NLRB decision has called for back pay since 1991, with interest, but "were waiting to see if the company appeals this case again."

In response to a question from the floor about the disaffiliation of the Carpenters, President Hill said he met recently with AFL-CIO President John J. Sweeney, Carpenters President Douglas J. McCarron and labor mediator John Dunlop, a Harvard professor who was Secretary of Labor under former President Gerald Ford.

"I can tell you there is progress," President Hill said of the attempts to get the Carpenters back into the AFL-CIO. "I understand your frustrations because I have my own concerns about vertical agreements. I can tell you that we will fight them, were not going to let that just happen." Delegate Gary Butz of Local 405, Cedar Rapids, Iowa, asked President Hill about the disaffiliation, saying Carpenters in his area "are running around with Force of One T-shirts which means to us vertical organizing, to take out the basic crafts."

President Hill said IBEW locals will be getting a solicitation from Local 15 for financial assistance for their members who are locked out in Chicago by Midwest Generation, which has hired consultants in a brutal attempt to go union free. He thanked Ron Delgado of Local 47, Diamond Bar, California, for his call for aid for Local 15.

Chairman Keith Edwards and Secretary Lloyd Lavin brought the conventions attention to the Report of the International Executive Council, on which Edwards commended the IEC "for its good faith effort in its conduct and discharge of its duties." The name of International Representative Steve Stump was added to the list of deceased officers and representatives.

When the Resolutions Committee resumed its report, the delegates rejected on a voice vote the committees recommendation to concur with Resolution No. 34 on benefits for domestic partners, including life and medical insurance benefits in same-sex marriages.

A speaker urging concurrence with the resolution emphasized that it "did not force local unions to put it in their contract. But, if were going to represent everyone, sexual orientation should be included." Another said it "does no more than what many of the employers that we represent provide for our members in the state of California."

In opposing the resolution, one speaker said, "the IBEW has to recognize the financial impact this would have on our Brotherhood. If we start including friends, neighbors and my best friend that lives with me, were going to be giving benefits to people who do not have a legal right to those benefits."

Delegates approved the recommendation of nonconcurrence on Resolution No. 37 on referrals. The resolution had proposed that once an applicant for employment has reached Group 1 status, that applicant would be entitled to Group 1 status in the hiring hall where that status was first attained. The committee recommended nonconcurrence because referral has traditionally been resolved through collective bargaining and because "the operation of union hiring halls is governed not only by collective bargaining agreement, but by federal labor law." The committee reported that resolutions identical to No. 37 were voted down at the 1991 and 1996 International Conventions

Timothy Wyatt of Local 340, Sacramento, California, the sponsor of the resolution, spoke briefly against rejection of the proposal, which he defined as "Once Group 1, Always Group 1 in your home local." He also said "we do not believe this change would violate federal law." By voice vote the convention upheld the Resolutions Committees recommendation of nonconcurrence. At noon, the convention recessed, to reconvene at 2 p.m.

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