THE BREMERTON METAL TRADES LEGAL LUNCHBOX

Vol. 1, #7      Wednesday,  August 28, 1974   COMPENSATION CLINIC

TO: METAL TRADES COUNCIL STEWARDS

FROM: LEGAL COUNSEL

RUMORS: We are frankly disgusted with those amongst us who sneak around spreading rumors and creating dissension. We have always understood backward management attitudes and anti-employee policies that arise out of property values over human values. We expect this from management officials because we know many of them (and not all) are unaware and uneducated. But when union officers and union representatives act stealthily to create dissension amongst us, it is disappointing.

Persons familiar with labor history recall that slavery and other inhuman abuses were perpetrated by those among the enslaved who betrayed their fellows for their own gain. We all know that this is possible among union officials. We have particular note of those officials who smile at our face and talk behind our backs - yours and mine. If they will whisper about one of us, they have already told us about their integrity and admitted that they will whisper about any of us to management. It is that simple. Persons without integrity reveal themselves all the time.

We are particularly concerned with those persons who seek high office in unions for personal gain, who whisper that persons are getting compensation benefits who shouldn't get benefits. Any union official who allows a wrongful claim to go through allows 'the entire program to be threatened. Any employee who files a wrongful claim or false statement in support of a claim not only faces criminal and civil penalties but also threatens other, employees' benefits. I get tired of hearing of statements by union officials that charge some of our compensation clinic's beneficiaries with getting improper payments. Not only is this management's talk, but it is criminal talk. If anyone knows of a false claim and does nothing, that person is compounding the crime. One union official told me last fall that he knew of a false claim and I advised him that he had a' duty to the Metal Trades Council as well as a duty under law to bring the facts forward. He promised to do so and I have heard nothing. The persons doing this know who they are and so do we. I invite them to come forward with facts as is their duty to all of us.

SOME PRELIMINARY FIGURES: We just recently heard an interesting report from supervision as to their concern for employees. It was brought out that this supervisor attended a meeting and was concerned with the high fees I allegedly charged a client in a dismissal case. The supervisor ignored that the fees were a fraction of the back salary the employees received back for the improper firing as well as getting their jobs back. The supervisor ignored that it was management that improperly fired these men. The next time you hear phony concern from a supervisor extend an invitation to discuss it with me. We understand that radio and television is becoming interested in affairs at PSNS.

Be sure and get your report on progress of the Compensation Clinic showing about $135,000 paid; about $1,250,000 in benefits awarded prospectively and conservatively about $20,000,000 in claims pending. Be sure to read the affidavits that are being prepared.

HELP ARRIVED: We are pleased to report that Lyle Allen, of AFGE, Local 48, recently retired, has agreed to assist us at the Compensation Clinic. This will allow us to spend more time in developing the cases and reviewing matters at OFEC, as well as preparing the book on processing cases for use in other locations as well as for those stewards who desire a copy. We have ordered copies of "Work is Dangerous to your Health" and will get them to you as soon as possible.

RADIATION CONTINUED: We spoke briefly of ionizing radiation; it is emitted from radioactive materials. It is an extremely serious hazard, known to cause injury to body cells leading to numerous serious illnesses, including cancer and genetic damage. The latter, means that it will cause danger to future children. It can be fatal. Its main danger exists because it cannot be felt, and when you are being harmed you get no warning and won't know of it for many years until it is too late.. I practiced near the site of a watch factory that operated in .the 1920s in New Jersey; in the early 1960s the horrible effects and crippling and painful results began to show-up. Radioactive materials and x-rays are used extensively: as tracers in pipes and tanks to follow materials.

Many processes such as welding, microwave and radio frequency generators produce ionizing radiation. While alpha rays are easier to guard against, beta rays are able to penetrate up to a quarter inch of aluminum; gamma rays need heavy shielding of lead. Neutrons require special materials for shielding. Rays differ in their toxic effects generally related to their penetrability. To best demonstrate the dirty pay factor involved, if radiation exposure is to be allowed at all, it is best to state that independent researchers have been able to find no lower limit of exposure that did not do some biological damage. In numerous industrial settings it has been shown that higher incidence. of cancer and shorter life expectancies are. the rule.

The International Commission on Radiological Protection, on' September 17, 1965, adopted minimum standards of allowable dosage measured in terms of rem/exposure per year. The government has accepted this recommendation at 5 rem per year. At this rate of exposure findings are that your chances of cancer are 50% greater than the unexposed person. Recent studies indicate that there is a 1% increase in risk of cancer for each rem exposure. Thus, there is no question that we are not dealing with safe limits but rather arbitrary limits as to the quantity of murderous ionizing rays to which some workers are subjected. Dirty pay seems certain.

EDWARD M. MUGGER recently received a check for $1,329 for a partial payment for exposure to noise trauma in Shop 917. An application for a hearing is being filed. We note that Orval Dean filed a report stating that this man was not entitled to compensation and the government specialist did not think too highly of this report, finding noises trauma, as the cause of the loss. Incidentally, inn addition to the ratings on physicians we are keeping records for cross checking on noise exposure in various shops. It is interesting though, that Mr. Munger was only given an award for 4% hearing loss while the shipyard's own records show 14% loss in the right ear and 51% in the left ear. We will have a hearing and an independent expert establish the proper benefits. Remember, noise trauma can also produce disability, and we believe that this is a classic case for a 75% of salary award.

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