How to suppress democracy in Operating Engineers L. 30

For years, there has been a robust political life in the 2,800-member Local 30, Operating Engineers in Long Island. Two separate insurgent groups are working to replace the current leadership: One, the Honest Union Slate (www.iuoe30. corn); the other, Local 30 Members First (www.local30.com). Oppositionists have been disciplined for speaking out and harassed on the job. One member, fined on slander charges, won his case against the union in federal court. He was represented by Attorney Robert Felix. Reporter Tom Robbins featured the case in the Daily News.

How to stop those annoying opponents? Simple. Change the local bylaws. Here are some of the new bylaws produced to ward off the challenge of democracy:

* “Any member other than the President of the Local preferring charges against another member.. .must at the time of filing the charges deposit $50 for each individual charge...” It could cost you a bundle to charge the president; but he can charge you for free.

* If you appeal to court or to a government agency before exhausting your internal union procedures, here is what you face; “...in addition to penalties described in these bylaws, [the members is] subject to a fine equal to the full amount of the costs incurred in the defense of any such action by the union, together with such costs as the Court may fix or assess against the said member.”

* “All transactions and affairs of this local, its subordinate subdivisions, and officers, within the knowledge of any member shall be held inviolate, private, and not publicized in any form to person(s) outside this organization One exception:

if someone is stealing from the union you can “perform acts” to protect union property. But if there are stolen elections, beatings, blacklisting, or other nasty events, keep your mouth shut.

All this is new, but one of the old provisions was so bad, it wasn’t necessary to improve it by making it worse:

“Any officer or member of a local union who...creates dissension among the members... may be disciplined.., fined, suspended, or expelled from this local union”

On the other hand, if you know how to get along by going along, goodies await you: “All members serving on committee shall be reimbursed by the local union for out of pocket expenses within the discretion of the local union Business Manager.” That’s a new one. Punish your enemies, but reward your friends.

The bylaws stand guard against the enemies of our country and of our union officials: “Any member who is found guilty after trial of advocating the overthrow of the established order, either of the Government or of the International Union of Operating Engineers, by force or violence or subversive tactics, shall forthwith be expelled or otherwise disciplined....” If you are a “subversive,” the U.S. Supreme Court might protect your rights in the country. But in the Local 30, you don’t have a chance.

Local 30 insurgents are not likely to be frightened off, because all this is mostly illegal and is not likely to stand up in court. Operating Engineers are not informed by their union of their democratic rights under federal law. The oppositionists will have to fill that need. +

In the Laborers Union

Local 270, San Jose CA: Roberto McCord was elected local president in December after defeating the candidate backed by the local’s business manager. But the defeated candidate, not McCord, remains the B.M. ‘s appointed full time field representative. McCord has noted this anomaly in a letter to L1UNA’s new international president, Terrence O’Sullivan. Meanwhile, there will be a chance for a new start. Ruling on an election appeal, Hearing Officer Peter Vaira overturned the December election because of a multiplicity of violations. A rerun has been ordered.

Local 190, Glenmont NY: Carmen Fiancella filed an election protest many many months ago with the Labor Department challenging the local’s election in September 1998. That’s no typo. 1998! The DOL took its time. As of this writing, neither Fiancella not his attorney have ever received the statement of reasons from the DOL, as required by law, explaining why his appeal was dismissed. AUD had no better success. On March 8, editor Benson wrote to the OLMS direc

tor in Buffalo requesting an explanation for this “inordinate amount of time of such a complaint to go without a final determination.” So far no reply, which we can understand. All statements or reasons must be prepared in Washington. Mr. Joseph Wasik, the Buffalo director may be as much at sea as anyone.

In a letter to the DOL/OLMS, Fiancella’s attorney had noted: “the watchers were unable to watch and the pencil-cast ballots were sent off in a car with three unknown persons to destinations unknown.”

Fiancella’s protest went to the DOL LIUNA’s hearing officer, Peter Vaira who turned him down. In contrast, the local’s officers have fared well before Vaira. In 1996, Stephen Goldberg, the LIUNA election officer, had disqualified the local’s business manager from running for convention delegate and placed the entire board of officers on probation on charges that they had threatened Fiancella. Vaira reversed Goldberg and upheld the officers.

Local 81,Valparaiso, IN: Tom Pancini is running a vigorous campaign for business manager at the head of an opposition slate challenging the incumbent administration. If elected, he promises to throw out the generous Christmas bonuses and increased vacation pay sought by the incumbents. The election is set for June 3. He writes to AUD, “Union democracy is important to all of our members...I’m happy that there are organizations like yours out there.” +

Local 942. Alaska:’

P

June 2000

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Union Democracy Review