THE BREMERTON METAL TRADES LEGAL LUNCHBOX
Vol. 1, #9 Wednesday, September 11, 1974, IT'S CRIMINAL
TO: METAL TRADES COUNCIL STEWARDS
FROM: LEGAL COUNSEL
Some of those anti-employee spokesman, who drift in and out of our union circles and management circles, have been suggesting that it s dangerous for us to stand up for our lawful rights. The reasoning is a typical anti-human tactics: create bad feelings, fear, anger, hostility, and remove reason from consideration of the problem. This has been an age-old device used to keep human beings down and promote greed and selfish interests.
This argument goes, that the Metal Trades Council will hurt the Shipyard and threaten us all, if we stand up for the law, and insist on employee right. This is the type of criminal motivation and intent that has brought about the illegal harms to workers in the first place.
This is what, our Government is trying to stop. That is why they allow unionism; that is why Congress has passed the various laws guaranteeing our rights. Anyone with common sense will realize that a Shipyard that exists on promotions through favoritism, a Shop that operates through buying the boss whiskey, a personnel system that exists on hiding safety and deceiving employees who are injured on the job, will very quickly destroy the Shipyard. Ignorance is a real enemy,
and when you hear those anti employee arguments, understand the source of them.
NOTICE TO MANAGEMENT: In order to help preserve the economy of the Shipyard, we would like to advise all supervisors' and other management officials that they may obtain copies of The Legal Lunchbox simply by asking Bill Holt, or calling ES7-0811, or by asking. Lee Holley or calling his office in Seattle 623-1241. We note this because of the many reports we have been getting of management borrowing copies to Xerox and otherwise scrambling around in order to see what is in these weekly sheets. Very often, our very purpose is to communicate with you, management, and have you hear us. If you wish to get a copy regularly, just .let us know. We find, for our own purposes, that it is often better to be direct and to come out and ask for what we want. We hope it is a Legal Lunchbox.
CRIMINAL CONDUCT: This week, in Federal Court, scores of affidavits were filed by employees from Keyport and PSNS showing a wide range of outrageous violations of Federal law. I needn't tell you about these. For the most part, you first pointed them out to me. Now the Judge is considering them. The Government does not want this case heard, saying that the Administrative Agencies are the proper ones to take care of this and not the Court. If this Court will not consider it, we will go on to the Ninth Circuit, and if the Ninth Circuit does not give us relief, we will go on to the Supreme Court.
However, as each of us examines our own conscious, we must decide if we are in favor of the law or against the law. The law, in our society, has replaced the club and the stick of more primitive societies. People who want to violate the law are outlaws, just people who want to undermine the United States Constitution and the guaranteed rights of citizens, whether Federal employees or not, are subversives. I thought that there were two Statutes that I would want to bring to your attention. I ask that you read these very, very carefully:
18 U.S.C.§1922 is part of the Federal Employee's Compensation Act. Read it carefully and bring to my attention all violations -
"Whoever, being an officer or employee of the United States charged with the responsibility of making the reports of the immediate superiors-specified as §8120 of Title 5, willfully fails, neglects, or refuses to make any of the report, or knowingly files a false report, or induces, compels, or directs' an injured employee to forego filing of any claim for compensation or other benefits provided under Sub-Chapter 1 of Chapter 81 of Title 5 (Federal Employee's Compensation Act) or any extension or application thereof, or willfully retains any notice, report, claim, or paper which is required to bed filed under that Sub-Chapter (Federal Employees Compensation Act) or any extension or application thereof, or regulations prescribed thereunder, shall be fined not more than $500 or imprisoned not more than one year, or both"
That law was passed on September 6, 1966, amending a 1960 Statute. It was obviously aimed at the very practices that have been going on wide-scale among the employees you represent.
There are a number of other Statutes that are also aimed at the illegalities that we have experienced. However, in order to give you proper tools
to work with, I would like to draw your attention to one very specific one, which I shall only set forth in pertinent part, to the work you do -
18 U.S.C.§1505 provides, in material part, as follows -
"Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States,***
"Whoever injures any party or witness in his person or property on account of his attending or having attended such proceedings, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or
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"Whoever corruptly, or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before such department or agency of the United States shall be fined not more than $5,000 or imprisoned not more than five years, or both"
Remember, that you're dealing as Shop Stewards, and the rights we enforce, are in fact protected by this Statute. I would like you to report any violations to me, and I will take them from there. As we see in the Watergate matter, we should also point out that covering up of criminal activity is just as criminal and brings about new crime. Perhaps we will get it over to some of the outlaws that it is better to follow the law.
KEITH L. BEAVER, an upholsterer, received an award of $4,519.20 for 14% binaural hearing loss, representing 28 weeks at 75% of his weekly pay. An appeal has been filed because this award only represents about half of the hearing loss involved as shown by the specialist. We will keep you posted on his benefits.
SYLVESTER (PAT) CAREY received an award of $10,123.20 for 37% bilateral hearing loss. He is being examined by a specialist very shortly to determine the adequacy of that hearing award. This represents 74 weeks of compensation. In his case, it is our contention that he is additionally entitled to full disability for his hearing loss and we are proceeding accordingly.
WILLIAM J. MORKERT, who has since moved to North Dakota now that he has retired as a machinist, has just received an award of $10,785.6 for 287 bilaterial hearing loss. This represents 56 weeks of compensation. In his case, we have already communicated with him and are investigating as to whether there should be further proceedings based-on his disability in fact.
Lee A. Holley
Suite 101, IBEW Building
2700 First Avenue
Seattle Washington 98121
(206) 623-1241