THE BREMERTON METAL TRADES LEGAL LUNCHBOX

Vol. 1, #5 Wednesday, August 14, 1974, FREEDOM OF SPEECH

TO: METAL TRADES COUNCIL STEWARDS

FROM: LEGAL COUNSEL

HISTORY: Do you have any doubt that if Ben Franklin and the rest of our founding fathers could come back today, that they would be helping us grind out these mimeograph sheets about the abuses of management at the shipyard? Well, Ben's printing presses were writing about the very same types of tyrants that we face: those who abuse their high position; those who believe they can do no wrong, not because they are right, but because they are in high position; those who would suppress working people; those who would squelch freedom of speech.

TYRANTS: People who have no respect for federal law and who subvert the American constitution are called, respectively, outlaws, and subversives. If the shoe fits anyone, then we have a duty to see that outlaws and subversives are stopped. Let's examine the facts. Federal law guarantees you your labor activities free of all management interference. Federal law provides for your negotiated agreement. The federal constitution provides that we have the right to disseminate our union literature at the workplace and the Supreme Court has recognized this right.

AN AGREEMENT: Look at ARTICLE VII, Council Representation, pages 9-13 of the current contract. Section 12 provides that "Upon written request of the Council, the Employer agrees ***[that] other representatives of the Council who are not active employees of the Shipyard may be issued a temporary pass for the purpose of meeting with officials of the Council ***" _Section 13 also guarantees that Council Representatives willed be permitted to confer with Shipyard employees during non-working hours, and, for abuse [failure, to confine the talk to non-working hours] the right can, be rescinded." The U .S. Supreme Court just recently stated: "The work place is a place uniquely appropriate for dissemination of views concerning the bargaining representative and the various options open to employees, so long as the distribution is to employees, and as long as the in-plant solicitation is on non-working time."

We have discussed many times before, with you, the contempt shown for federal law and federal constitutional rights by certain persons who have infiltrated management. It is our job, slow and painful as it is, to point out these persons and see that they get educated or removed from high position. This is what the recent Presidential removal was all about. We will see more and more of this as time goes on, and as humans learn to stand up for law.

REMEDIES: Today, we shall discuss remedies for the blatant and brazen illegalities against us as union representatives. If I am present, we can go into greater detail. If I am not allowed into the shipyard again, we have requested that each of you be granted an hour of administrative leave. If that is denied, we will keep on. Look at Watergate and the slow, plodding, but surefooted route that was taken to expose abuse of high office. You can be certain that we will continue. Each of us are involved in union work, because like the founding fathers, we have faith that tyrants can be controlled by law, and by persons of good will banded together.

THE FACTS: In July 1974, after becoming a Council representative, the Council requested and was granted permission for me to attend -the Steward's weekly meeting on Wednesdays. This was pursuant to your request. It is clear that we were effective because last week, an hour and a half before the meeting, with voice quaking, Al McFall, apparently following orders, let it be known that permission to enter had been rescinded. No-warning, and as you have probably heard, I had returned from Alaska for the meeting.

We have been given no reason for management action, as is usually the case; there probably is no intelligent reason, but speculation is, as follows:

(a) our plans to rate supervision on their efficiency brought about such fear that they lost their heads;
(b) there is a total and un-American attempt to destroy freedom of speech in our dissemination of union information;
(c) the radiation exposure grievance is so potentially dangerous, because of the injuries involved, that panic set in;
(d) the recent unfair labor practice' case decided by the, Secretary of the Navy, with the many new charges' being brought, caused management to become unglued;
(e) or, the Compensation Clinic is too threatening.

I doubt if we will ever learn the real reason. What we will learn is that we must become more persistent; the best union organizer there is a tyrant in management. This is our chance to do some work.

OPTIONS: There are so many variables that I suggest that we discuss this matter either in person or at a special meeting of stewards, to be arranged. We will, of course, file a UP. We must of course grieve, in addition. We also can use this in the pending federal court proceedings that are becoming active. We must also supply the facts to the officials in Congress and the executive who are looking for fact. We have an important meeting scheduled for Wednesday, August 21, 1974 in Bremerton with an elected official. Most of all, this is an opportunity of a lifetime to organize our fellow workers.

WORK IS DANGEROUS TO YOUR HEALTH, by Jeanne M. Stellman, Ph.D.. and Susan M. Daum, M.D., Pantheon Books, 448 pages, Hardcover $10, paperback, $1.95 (vintage) and ShopSteward's Handbook for Processing Disability Claims (advance orders at $20, to be sold at $25 when completed) by Lee A. Holley and Dorothy Mitcham - orders can be placed, if you desire.

LAWRENCE V. SAFLY , better known as "Larry" and destined to become famous as the first name of the federal case that is now coming to life, fell through a hatch on a submarine on December 31, 1971 at 1:30 p.m.. in the afternoon. He was finally awarded $630.78 a month on January 22, 1974 after three years of painful struggle. Larry still has pending a hearing claim (although he has no loss in the presently defined compensable range); it is essential that he file for this, lest the hearing loss develop and PSNS or FEC claim he is barred by the one-year timely filing provision. Larry also has learned that he has gotten asbestosis, and so has another claim pending for that. Lastly, Larry is suing under the Federal Tort Claims Act for medical malpractice against Drs. Dean and Kotas. Larry, who received more awards than I can shake a stick at, for being a loyal and faithful employee, giving service above the call of duty, is angry - and who can blame him.

They claimed that nothing was wrong with Larry and it was all in his head - yet objective testing by competent specialists proved he had a herniated disc. The shipyard filed a false report with OPEC saying he hadn't lost any time from work as a result of the accident - and we had to disprove the falsity. We have asked for prosecution under 18 U.S.C.  1922 but haven't received any word yet on that. When the pain got so bad that Larry couldn't stand up, they finally authorized "conservative" treatment, meaning that they tried to ignore his doctor's advice to operate'. The doctor tried to get Larry to say it wasn't work connected so the operation could be performed under private health insurance. Larry wouldn't lie - and he fought - and he won.

Lee A. Holley
Suite 101, IBEW Building
2700 First Avenue
Seattle Washington 98121
(206) 623-1241