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A. NEXT MEETING - NLG L&EC - Bay Area Chapter - Monday Sep 12, 2005 - click here for more info
B. National Labor & Employment Committee (L&EC) information - click here for more info
C. EVENTS 1) UNITE HERE Local 2 - click here for more info on strike support activity. 2) Sweatfree Campaign - May 24 or June 7, 2005 - click here for more info. On May 24 or June 7, the ordinance may be introduced and a press conference will occur 10 a.m. at City Hall, SF, to coincide with introduction of proposed ordinance. Next meeting is May 19 at 10 am at New College at 766 Valencia Street Room 23. 3) UNITE HERE 2 rally - May 19, 2005 from 2 - 6 pm - Fairmont Hotel - California & Mason Streets (Nob Hill) - San Francisco - click here for more info. Local 2’s actions have been escalating with over 1500 people marching to the Hilton on May 3rd and 40 of them taking over the lobby in an act of civil disobedience. Last Thursday, almost a thousand hotel workers, their supporters and labor side attorneys picketed the St Francis. A great time had by all (except, of course, the corporations)! We need your support in showing the Fairmont that its about time they responded to the union’s proposals. Its been more than three months since the union gave our proposals and the bosses need to respond. For more info, contact Kelly Dugan (415) 864-8770 x751. 4) UNITE HERE 2850 rally - May 26, 2005 from 4:30-7pm - Oakland - click here for more info. Rally and march at the Claremont Resort and Spa to support of the over 1,000 East Bay hotel workers whose UNITE HERE Local 2850 contracts will expire this summer. It has been an arduous struggle to keep working conditions fair in the East Bay hotel industry as exemplified by the four-year ongoing battle for a fair contract at the Claremont. For more info contact Evelyn Sanchez at East Bay Alliance for a Sustainable Economy 510/893-7106 x23. 5) Jobs with Justice Coalition - May 26, 2005 at 4 pm - AFSCME office - click here for more info. Contact the Jobs with Justice Organizing Committee at chris98@pacbell.net or call (510) 834-9415. Click here to see ARCHIVE of EVENTS.
D. PROJECTS 1) Participating in the Bay Area Sweatfree coalition - see the coalition's newest draft - see the Mayor's draft of March 24 - see the Mayor's draft of April 22 - click here to see NLG L&EC support letter - contact Valerie Orth at Valerie@globalexchange.org or call (415) 558-6938 or call Andy at (415) 255-7296 for more information. May 24 or June 7, 2005 - ordinance may be introduced. Press conference at 10 a.m. - City Hall, SF, to coincide with introduction of proposed ordinance. Next meeting is May 19 at 10 am at New College at 766 Valencia Street Room 23. Click here for more info - last updated 5/17/05 2) Participating in the Jobs with Justice coalition - click here for more info - regular general meetings at CWA 9415 on the 2nd Thursday at 7 pm and steering committee meetings at Alameda Central Labor Council on the 4th Thursday at 7 pm -next coalition organizing meeting May 26, 2005 at 4 pm - AFSCME office. Click here for more info or contact the Jobs with Justice Organizing Committee at chris98@pacbell.net or call (510) 834-9415 - last updated 5/17/05 3) Supporting UNITE HERE Local 2& 2850 - last updated 5/17/05 Click here to sign up for notices of strike support activity for Local 2. UNITE HERE 2 rally - May 19, 2005 from 2 - 6 pm - Fairmont Hotel - California & Mason Streets (Nob Hill) - San Francisco - click here for more info. Local 2’s actions have been escalating with over 1500 people marching to the Hilton on May 3rd and 40 of them taking over the lobby in an act of civil disobedience. Last Thursday, almost a thousand hotel workers, their supporters and labor side attorneys picketed the St Francis. A great time had by all (except, of course, the corporations)! We need your support in showing the Fairmont that its about time they responded to the union’s proposals. Its been more than three months since the union gave our proposals and the bosses need to respond. For more info, contact Kelly Dugan (415) 864-8770 x751. Local 2850 rally - May 26, 2005 from 4:30-7pm ? Oakland rally and march at the Claremont Resort and Spa to support of the over 1,000 East Bay hotel workers whose UNITE HERE Local 2850 contracts will expire this summer. It has been an arduous struggle to keep working conditions fair in the East Bay hotel industry as exemplified by the four-year ongoing battle for a fair contract at the Claremont. More info contact Evelyn Sanchez at East Bay Alliance for a Sustainable Economy (510) 893-7106 x23. 4) Fighting the state government reorganization of various boards and commissions 5) Fighting the Schwarznegger raid of state employees pensions - see Cindy Ossais article and see Cindy Ossais e-mail of 2/17/05 inviting you to a meeting on 3/2/05 to discuss this issue - last updated 2/22/05 6) Election law legislative proposals 7) Labor & employment law legislative proposals - click here for a list of labor bills dated 2/24/05 (in MS Word) and click here for a list of Assembly Committee on L&E bills with additional explanatory information (PDF file) - last updated 3/16/05 8) Participating with the CA Labor Federation fight to stop the elimination of meal and other breaks established by the Industrial Welfare Commission - click here to see a recent article by David Bacon - click here to see the NLG L&EC letter opposing these regulations - last updated 2/28//05 9) Labor against the War in Iraq - click here for San Francisco Chronicl Open Forum article of March 16, 2005, by Jack Heyman: Defending labor?s right to protest the war - last updated 4/11/05
NEXT MEETING National Lawyers Guild
Labor & Employment Committee
SEP 12, 2005
MONDAY 6:00 PM - 7:30 PM
We will try to meet in SF. Agenda to be announced.
Below are NOTES of our work which are periodically updated in between NLG L&EC meetings. Check back often.
OUR PROJECTS
1) Sweatfree Bay Area Coalition The NLG L&EC endorsed the Sweatfree coalition's efforts to pass "sweatfree" procurement ordinances in Bay area communities similar to one passed in LA. Click here to see NLG L&EC support letter. The NLG L&EC is attending coalition meetings. Feel free to join us. The coalition needs lawyers interested in a number of different tasks from reviewing the draft ordinance to lobbying to press and community work.
STATUS of the ORDINANCE LANGUAGE The Los Angeles anti-sweatshop law may be found by clicking here. A second DRAFT of the coalition's version of the San Francisco ordinance is available now. The idea is to guarantee that taxpayers are not complicit in factory abuses by allowing tax dollars to underwrite worker exploitation by way of contracts entered here or abroad. We participated in a conference call re the draft on Feb 22 - see second draft. Click here for the Mayor's draft of March 24 in response to the coalition's second draft. Click here for the Mayor's draft of April 22.
NEGOTIATIONS & MEETINGS A small group (Tom Hayden, Valerie Orth, Jason Oringer, Nikki Bas) met with the Mayor's office on Mar 7, 2005, and the 90 minute meeting went well. The coalition's grassroots organizing work was impressive and City Hall is feeling the pressure. The Mayor wants to co-sponsor the ordinance with Supervisor Ammiano - but more work will be done on the draft before any firm promises are made. A followup coalition meeting was held on March 21 at 3 pm with Wade Crowfoot, Mayor Newsom's liaison to the Board of Supervisors. A great turnout of the coalition partners indicated solid support for the ordinance. A lobby day was held on April 18 with great success. If you are interested in attending the coalition meetings, contact Valerie Orth at valerie@globalexchange.org - (415) 558-6938 - or sweatfree@globalexchange.org - (415) 575-5541 - to get on the mailing list. The Coalition will hold a press conference on May 24 late morning at City Hall in SF to coincide with introduction of proposed ordinance at the Board of Supervisors. The next meeting will be May 19 at at 10 am at New College (766 Valencia Street) - last updated 5/17/05
EVENTS ADDITIONAL POSSIBLE TIMELINE DATES include: May 15 - deadline for monitoring funds to be in budget June 1 - Mayor introduces budget to Board of Supervisors July 31 - budget closed
2) Jobs with Justice coalition - the NLG L&EC has been invited to be part of this coalition. To get involved, contact the Jobs with Justice Organizing Committee (510) 834-9415. We are still looking for some one from the NLG L&EC to become active with J w J. The regular general meetings will be held on the 2nd Thursday at 7 pm at CWA 9415 - at 1831 Park Blvd in Oakland. The steering committee meetings will be held on the 4th Thursday at 7 pm at Alameda Central Labor Council. The next organizing meeting for the Jobs with Justice coalition will be May 26, 2005 at 5 pm - AFSCME office. We attended an organizing meeting on April 28 at the Alameda County Central Labor Council and heard a presentation by 2 national organizers for JwJ. Identifying the focus of this type of ongoing coalition, distinguishable from a single issue coalition but perhaps overlapping other ongoing coalitions that create a partnership between labor and the community, is the next task. Contact the Jobs with Justice Organizing Committee at (510) 834-9415 or chris98@pacbell.net for more information.
MEETING: Jobs with Justice General Meeting
MEETING: Jobs with Justice - Steering Committee Launch Thursday, May 26 - 4 PM AFSCME -
3) UNITE HERE Local 2 & Local 2850 support The NLG L&EC was asked to assist Local 2 and its attorneys in aiding workers who were in need of some legal help (not labor related) as a result of being locked out; before we had a chance to meet about this issue, the lock out ended and negotiations resumed; the cooling off period has ended and there may be a need for us to pick up this project with the help of Local 2 attorneys. Click here to sign up for notices of strike support activity for Local 2. The 4300 members of Local 2 who have been fighting for respect on the job, decent healthcare, fair wages and the right for non-union workers to choose union representation in an environment free of coercion and intimidation, continues to fight. Local 2 is asking everyone to join them on the picket line to show the hotels they won't allow their bully tactics in San Francisco. The workers of San Francisco's 14 multi-employer group hotels are taking it to the streets for a huge March and Rally. For the better part of a year, the hotel workers have been struggling for a decent contract. We have been victorious in ending the lockout, but the hotels still want to cut our healthcare and offer us disrespectful wage increases, as well as disallow us to work with our brothers and sisters in cities across North America. The Lockout in the fall ended because of strong picket lines and all of your support. Now we need your help securing a decent contract. UNITE HERE 2 rally - May 19, 2005 from 2 - 6 pm - Fairmont Hotel - California & Mason Streets (Nob Hill) - San Francisco. Local 2’s actions have been escalating with over 1500 people marching to the Hilton on May 3rd and 40 of them taking over the lobby in an act of civil disobedience. Last Thursday, almost a thousand hotel workers, their supporters and labor side attorneys picketed the St Francis. A great time had by all (except, of course, the corporations)! We need your support in showing the Fairmont that its about time they responded to the union’s proposals. Its been more than three months since the union gave our proposals and the bosses need to respond. For more info, contact Kelly Dugan (415) 864-8770 x751. Local 2850 rally - May 26, 2005 from 4:30-7pm - Oakland rally and march at the Claremont Resort and Spa to support of the over 1,000 East Bay hotel workers whose UNITE HERE Local 2850 contracts will expire this summer. It has been an arduous struggle to keep working conditions fair in the East Bay hotel industry as exemplified by the four-year ongoing battle for a fair contract at the Claremont. More info contact Evelyn Sanchez at East Bay Alliance for a Sustainable Economy (510) 893-7106 x23.
4) Schwarznegger plan to reorganize Labor Agency and consolidate numerous administrative law boards and commissions re labor and employment matters - the Little Hoover Commission is meeting regarding plans to consolidate a number of the boards and commissions which handle appellate level administrative law matters (workers' comp, unemployment insurance benefits, occupational safety and health, etc.). If these are made directly reportable to a political appointee (head of the Labor Agency) and if the appointments to this "consolidated board" do not have staggered terms (so there is not a mix from appointments of more than one administration) and do not have security in their terms, and if the decisions can be altered or overturned by the political appointee directly or through implied threat of loss of position, then this reorganization will jeopardize any semblance of fairness. The list of Boards and Commissions which the Governor is targeting to eliminate is at: http://cpr.ca.gov/pdf/cpr_boards05.pdf . More information on the California Performance Review and gubernatorial actions involving it can be found at: http://cpr.ca.gov/ . For a quick summary click here. And click here for the Agenda of the Little Hoover Commission's meeting on January 26, 2005. The morning panel will discuss elimination of three important labor boards: the Cal/OSHA Standards Board, the Workers' Compensation Appeals Board, and the Unemployment Insurance Appeals Board. Scheduled to testify are Victoria Bradshaw (Secretary, Labor & Workforce Development Agency), Deborah Burger (California Nurses Association), Bob Balgenorth (State Building and Construction Trades Council), and Art Pulaski (California Labor Federation).
5) Schwarznegger plan to raid CalPERS and take away state government employee pensions - click here for a January 22, 2005 letter from NLG member Cindy A. Ossias to Gov Schwarznegger, click here for Cindy's January 28, 2005 opinion piece in the Sacramento Bee and click here for January 14, 2005 email from CASE (the union that represents the state attorneys) re this issue. Click here for a 2/17/05 e-mail from Cindy Ossais who is trying to organize a response from State workers and inviting you to a meeting on 3/2/05 to discuss this issue.
6) Election law legislative proposals - the AFL-CIO LCC (Lawyers Coordinating Committee) has invited us to participate with them in developing legislative proposals for various states where we have an opportunity to make some positive changes. Lora Jo Foo prepared a list of election reform issues - click here. Some additions were suggested in a conference call last week (to be posted shortly). As well, the LCC is putting together existing legislation in other states where some of these issues may already be addressed in helpful ways (which will be sent to us when it is compiled). This project would focus on California and perhaps NEVADA if some of our folks who went to NEVADA want to continue to work with folks there on a legislative package.
7) Labor & Employment law legislative proposals - click here for a list of proposals that might be of interest. This list is CONSTANTLY changing, so check back often. Click here for info on a UC Berkely legislative briefing held on 3/15/05 on Privatization, Economic Efficiency and Public Accountability featuring Elliott Sclar, director of Columbia University Urban Planning Program and Ellen Dannin, Professor of Law, Wayne State University. For more information, contact (510) 643-7089 or jmomper@berkeley.edu.
8) Elimination of Meal & Breaks periods - The California Labor Federation with the assistance of a number of labor attorneys is fighting the Governor's proposals. The Assembly Labor & Employment Committee held a hearing exploring the process DLSE took in promulgating these regulations and examined the fundamental question of whether DLSE has the authority to adopt these regulations in the first place. There are public hearings scheduled for February 4 in Los Angeles, February 8 in San Francisco and March 2 in Fresno. Go to http://www.dir.ca.gov/dlse/MRPRegs.htm for a copy of the proposed regulations. The comments deadline is 5 p.m. the day of the last hearing which is March 2, 2005. The Bay Area NLG L&EC has submitted a letter - click here to see our letter opposing these regulations. If you want more information, contact Angie Wei of the CA Labor Fed for info about calling in to the conference call. (916) 444-3676 ext 12. See a recent article, No Rest for the Weary by David Bacon recently purblished in t r u t h o u t /: "SAN FRANCISCO (2/25/05) -- Time to eat in the middle of the workday sounds pretty simple -- something most people take for granted. Yet in reality, many, if not most, people who work in restaurants have to put in their entire shift without stopping. "That?s a violation of California labor protection laws. But the state Chamber of Commerce and the restaurant industry would like to brush that law aside. Now Governor Arnold Schwarzenegger has made a proposal that will help them. The governor?s new regulation would allow employers to simply inform workers of their right to a lunch break, rather than actually provide one. Further, it would eliminate a requirement that employers pay an hour?s pay for every break they fail to provide." Click here for the entire article.
9) Labor Against the War in Iraq - click here for San Francisco Chronicl Open Forum article of March 16, 2005, by Jack Heyman: Defending labor?s right to protest the war
Other view: A cold eye on state pensions - Why is the governor aiming to change a system that works? by Cindy A. Ossias -- Special To The Bee Published 2:15 am PST Friday, January 28, 2005
Watch out, public employees. Gov. Arnold Schwarzenegger is targeting your pensions for use as a tool in "reforming" government. This is a blatant attempt to further in California a national agenda with two aims: to starve and destroy social programs that provide a safety net for our most vulnerable citizens, and to promote government by corporate-owned politicians for corporate benefit.
Sometime this year, Californians may be asked to vote on ACA 5. It proposes that after July 1, 2007, all new employees in California's public agencies be barred from participating in Cal PERS and CalSTRS, which together provide the pensions of most of the non-federal government workers in California. According to a union analysis, the governor's other proposals include enticements that would be offered current participants to leave their plans for 401(k) plans, enticements sweet enough in the short term that CalPERS and CalSTRS likely would become significantly underfunded, unable to meet their contract obligations when current members retire.
Privatizing these pensions certainly would yield one result: increased profits in the private sector at the expense of the financial security of public employees and their families. It would not save money for California. There now are 1.5 million retired state workers able to support themselves and their families without government assistance because they have secure pensions.
Public protection is about more than a standing army and a police force - it's about protecting consumers from exploitation by insurance companies, HMOs and manufacturers and the environment against polluting industries; and it's about providing essential services behind counters visited every day by Californians.
I am a 54-year-old attorney who has been in service to Californians since 1986. As a state public protection lawyer, my income is 2.5 to five times less than that of a private lawyer with the same years in practice.
Ten years ago, after reaching the top of the five merit levels for state lawyers ("topping out"), I became ineligible for further merit raises. Only by promotion to a management position could that change. I've willingly worked for less, knowing my work has public protection consequences and my retirement secure.
My co-workers and I have experienced the following:
* In the recession of the early 1990s, we received a 5 percent salary decrease.
* We got the 5 percent back, then another 3 percent, then received nothing for five years under Gov. Pete Wilson.
* We received two small increases under Gov. Gray Davis, then the energy crisis hit in 2000 and the raises stopped.
During the energy crisis, Californians had no idea the power shortages and skyrocketing prices were manipulated by Enron and its competitors. A corporate whistle-blower's internal memo educated the public and law enforcement about the crimes committed at our expense. California still has not received reimbursements even as Enron's executives have gone to jail one by one.
But the governor wants us individually to trust our money to Wall Street's vagaries instead of continuing to trust CalPERS's and CalSTRS's responsible money management.
Here are a few of the things I have done at the California Department of Insurance to protect the public:
* 1990-91: I was part of the task force that developed standards for insurers to follow in adjusting insurance claims after decades of increasingly unreasonable insurer delays, lowballing and other unfair practices.
* 1991-92: I helped Oakland firestorm victims receive the fire insurance benefits they were entitled to instead of lowball offers that were too small for rebuilding.
* 1994-2000: I tried to help Northridge earthquake victims receive fair insurance benefits but was stymied by Insurance Commissioner Chuck Quackenbush, whom I then - at the risk of my job, my liberty and my license to practice law - turned in to the Assembly and Senate Insurance committees, and who resigned from office in July 2000.
I believe I've made a public contribution. Please do not shortchange those of us who have devoted our professional lives to government's work.
About the writer: Cindy A. Ossias is senior staff counsel for the California Department of Insurance. She can be reached at ossiasc@insurance.ca.gov.
B. EVENTS - ARCHIVE May 14 - 15, 2005 - Women in the Trades - 4th annual statewide conference - Sacramento - sponsored by Tradeswomen Inc. and the State Building & Construction Trades Council of California and the California Professional Firefighters - for more info call (510) 891-8773 ext 315 - click here for Tradeswomen Inc. April 8, 2005 - Making Movement: Communities of Color and New Models of Organizing Labor - sponsored by Joint Symposium Berkeley Journal of Employment and Labor Law (BJELL) & Berkeley La Raza Law Journal (BLRLJ) - UC Berkeley School of Law (Boalt Hall) - click here for more info April 8, 2005 - No Shvitz Shabbat - Congregation Sherith Israel - 2266 California St - San Francisco. Program to support Bay Area Sweatfree Coalition efforts - speakers include Carmencita "Chie" Abad - former sweatshop worker from Saipan, Global Exchange speaker, Donna Levitt - Manager, SF Office of Labor Standards Enforcement, Abby Levine - Regional Director, Progressive Jewish Alliance - click here for more info March 19, 2005 - The Bay Area NLG L&EC marched with labor on the anniversary of the war in Iraq. Click here for the leaflet. March 3, 2005 - The Sweatfree Campaign kickoff event for SF featured author Robert Ross author of Slaves to Fashion and Chie Abad, former sweatshop worker, at New College at 7 pm. Click here for flyer.
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