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Internet exclusive 7/02/04
Court
deals setback for union democracy in Carpenters Union:
AUD encourages Carpenters continue their campaign for direct
elections and democratic reforms
In a 2-1
decision, the First Circuit Court of Appeals reversed a lower court's
ruling that the Department of Labor was "arbitrary and capricious"
when it ruled
that the New England Regional Council (NERC) is a legitimate intermediate
body and
therefore entitled to elect officers by delegate vote. Plaintiffs in the
case,
who were supported in amicus briefs by the Association for Union Democracy,
sought to have the council declared a local that must elect its officers
by
direct membership vote every three years.
There was no opinion for
the Court as each of the two judges in the majority
wrote a separate opinion with little agreement between the two. AUD's
legal
committee is reviewing the decision and discussing options including an
appeal
to the Supreme Court.
In the meantime, AUD encourages
Carpenters continue their campaign for direct
elections and democratic reforms of the authoritarian regional council
structure. Hundreds of Carpenters in regional councils around the country
are
circulating petitions calling for direct elections. Carpenters from eight
separate councils have come forward to coordinate the petition work in
their
region.
A brief initial summary
of the decision: Judge Lynch accepted the DoL position:
that NERC is intermediate in the sense that there is something beneath
it, so
long as those locals retain some functions, which they do. Most of the
functions she mentions are not in fact performed by the locals. Judge
Lynch also
relied on an early 1950s article describing the Carpenters District Councils
of
that era as intermediate bodies that nevertheless were the effective contract
negotiators. Finally, she supported the DoL on one ground that it had
never
advanced, that contract negotiation is an intermediate function.
Judge Lipez concurred in
the result in an odd opinion: He finds that the DoL
policy is at odds with the policies of the Act, at odds given the legislative
history surrounding the addition of intermediate bodies to the statute,
and a
generally bad idea. However, in the last paragraph he decides that it
is not
arbitrary and capricious. Judge Torruella dissented, stating, as he had
the
first time, that the Department was arbitrary and capricious.
Over the past decade the
Carpenters union has been restructured from a network
of small to moderately sized local unions into a series of large autocratic
regional councils. In the restructuring, carpenters lost their right to
vote
directly on collective bargaining agreements and to directly elect the
officials
who represent them. Those powers, and others, were transferred to the
centralized regional councils. The council structure is dominated by its
executive secretary treasurer who wields immense powers, including the
authority
to hire and fire all business agents, organizers, and representatives.
No other
council official receives a salary by virtue of their office. Locals,
under the
council system, are ceremonial shells, forbidden from spending money on
attorneys or officer salaries, limited, in essence, to electing delegates
to the
council.
What can be done? Over several decades, AUD has learned that it is not enough to rely on a lawsuit to win back your rights. Members must continue to mobilize at the grassroots to turn up the heat on the International. That's what Carpenters for a Democratic Union did in New England, winning enough council delegate positions to elect Thomas Harrington to the Executive Secretary Treasurer post without waiting for the legal case to wend its way through the courts.
Get involved.
Volunteer to be a regional contact
or help organize your coworkers to collect signatures on the petition
letter. The more regions call for direct elections the better. Help establish
a national network of Carpenters.
(AUD's policy is to treat all contacts as confidential unless we receive
explicit authorization to the contrary. We recognize, however, that many
of you are already openly organizing for democracy in your union so if
you would like us to give your name to the other Carpenter reformers who
are interested in building the network, please contact
us.)
The Petition
Many of you have been asking us how to go about appealing for direct elections in your regions. The first step is to submit a request to your regional council. Alan Hyde has drafted a sample letter for this purpose. However, it will be much more effective if the letter is submitted as a petition, with many signatures. Coordinating such a petition effort could be the work of the regional contacts. Feel free to contact AUD for more advice on using the petition.
For more info, contact AUD.
The
appeals court's decision:
http://www.ca1.uscourts.gov/pdf.opinions/04-1144-01A.pdf
Articles on
the Harrington case and the Carpenters reform movement:
Carpenters
win right to elect regional council officers
Consolidation
in the Construction Trades
Carpenters
form National Reform Group
Reformers
Jolt Carpenters Convention
Carpenters
Reformers Win in New England
Court
challenges DOL on Carpenters Regional Council
Harrington v Chao: Judge
Stearns's "memorandum and order" (pdf)
AUD Bill of Rights
for the Building Trades
AUD brief opposing stay of order
Sample letter requesting direct elections
Letter to Carpenters from Carl
Biers
Court deals setback
for democracy in Carpenters union
Links
to Carpenters rank-and-file websites
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