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From the January/February 2003 issue of UDR, #145
UAW Toledo Local 12 forced to end ban on petitions
Members of the
Jeep Unit of UAW Local 12 in Toledo report that their local has agreed
to expunge from the unit bylaws an illegal provision which prohibits circulating
petitions "without prior approval of the Executive Committee."
In October, Mark Epley, a production worker in the Jeep Unit of the 8,500-member local, submitted a protest signed by 345 members, to the Jeep Unit's executive committee charging that a recent contract referendum violated the unit's bylaws, the UAW Constitution, and democratic procedures.
He received a two-sentence response from the unit's executive committee chairman, Nick Vuich, dismissing his complaint because it had been submitted in the form of an "illegal petition." Later Vuich sent Epley another letter restating his decision to "disallow your illegal petition," but this time went further, admonishing Epley that additional petitions "could result in charges being leveled against you." Earlier, in August, another Jeep worker, Calvin Buckmaster, received a similar letter from Vuich threatening disciplinary charges for circulating a petition.
George Windau, who assisted Epley in gathering signatures on the complaint, contacted AUD, which informed him that the bylaw provision violated his democratic rights. In a November 4 letter to Windau, AUD wrote:
"The right to freely circulate petitions without fear of discipline from the union is recognized by federal courts as a fundamental aspect of free speech guaranteed by the LMRDA. If a member of the union were to be disciplined under this section, he or she would have cause for an action in federal court which could reverse the discipline and order the union to pay the plaintiff legal fees and damages. Even if no charges are ever brought, the very existence in the bylaws of this antidemocratic provision would likely be seen by the courts as having an intolerable, chilling effect on members' free speech."
After Epley complained to the UAW Region 2 director that the bylaw provision violated federal law as well as the Ethical Practices code of UAW constitution, the Local 12 Secretary Treasurer agreed in early December to reinstate the contract referendum complaint and pledged to have the restrictive language removed from the constitution.
Illegal petition or illegal bylaw?
Provisions like
the one in the Jeep Unit bylaws, which explicitly restrict union members'
fundamental democratic rights, and others like a section of the Plumbers
and Pipefitters international constitution -- recently ordered removed
by a federal judge after two plumbers challenged it (see page 9) -- that
forbade circulating "letters of falsehood," are themselves illegal.
But few union members are aware that federal law provides strong protections
from these provisions. AUD has learned of several cases where members,
unaware of their legally protected rights, have been illegally fined,
suspended or expelled under such provisions. Thus, removing the provision
is only a first step but not enough. All members should be informed of
the change in a prominently headlined noticed in the union paper.
Fear of discipline under these provisions keeps many other members from
exercising their democratic rights. Such was the federal judge's reasoning
when he ordered the Plumbers and Pipefitters to remove its repressive
restriction from its constitution, and such appears to be the case in
the Jeep Unit where George Windau reports that some members who signed
the original complaint are now fearful of signing future petitions.
UAW finally comes through on Section 105
In a related story, the Auto Workers union has just added the full text of the LMRDA to its website. The UAW has become one of the few unions to comply voluntarily, more or less, with LMRDA Section 105 without being forced by threat of a lawsuit. Its attorneys were surely moved by recent decisions in federal court.
A little late, about 40 years worth. But better late than never. And just in time. It is obvious that even members of the UAW, even with its Public Review Board and its codes of conduct, have to be educated in the basic elements of union democracy. Just read our story above about a Local 12 ban on membership petitions. And Local 12 is no union backwater; it is a big powerhouse in the UAW. Let's hope members can find the right spot on the website.
While the UAW is
on the subject, why not publish the news in Solidarity which goes to all
members? Another good idea: Why not let members know how they can get
directly to the UAW Public Review Board without going through their regional
directors?
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