here to do.”
raised $100,000, and the “Ready to Live” fashion
Just Out was told that the annual salaries of the
show benefit at Gold’s Gym in November, which
employees we met with hovered in the range of
brought in $10,000.
$20,000 to $25,000. And Eakin and others say
“I had been working at CAP for nine months.
that CAP management has done a fairly good job
I never received any job performance evaluation
during
the past several months to create parity in
or heard any bad words about my work from
salary levels. (Stoltenberg says some employee
anyone,” says Kessler. “One day I was called into
salaries have increased a full 40 percent.)
my supervisor’s office, and for the next 40 min
However, staffers expressed concern that some
utes was told that I hadn’t done a good enough job.
CAP
workers— most notably those who conduct
I asked for specifics, which I didn’t get. I said I
outreach into various communities— are paid by
had been there nine months and no one had said
the hour, usually at an $8-per-hour rate, or, as one
anything like this. I was then informed that the
employee smirks, “just enough to stay off food
department was restructuring and another full
stamps.”
time development director was going to be hired.
“While this isn’t about money, it is important
I was told they were letting me go.”
that people are paid a living wage,” says OPEU’s
Kessler says he was later instructed to “clear
Grant. “It’s one thing for management to say the
out my desk and leave.”
money just isn’t there, but a union provides a
“It was very strange,” says Kessler, who had
collective voice. Workers can say, ‘Show us the
been making a $24,000 salary. He says Stoltenberg
books,’ and not fear reprisal the way an individual
called him at home that night to say there had been
would.”
some miscommunication. He says the duo met a
Staffers also want the hiring and promotion
few days later, when Kessler says Stoltenberg
process opened up.
offered him a part-time data entry job at an $8
“When I was hired, no one asked for my
hourly rate.
resume,” says Grace Taylor, who started as a
Kessler remains unemployed.
temp in November 1995, moved to a part-time
“It happened just like that,” says Hoop. “He
post in February, and last month took on a full
didn’t have any chance to respond.”
time job.
Shaken by the incident, other well-liked and—
Additionally, Taylor, who graduated from
according to the accounts of several colleagues—
Lewis & Clark College in 1992, says she had to
solid employees, voluntarily left CAP due to the
write her own job description.
stress.
“Maybe the situation was good for me, but the
“That’s what really set me off,” says Hoop. “I
process shouldn’t work like that. The hiring pro
wondered if I would have to face that kind of
cess should be more open and publicized to the
treatment in the future.”
community at large,” says Taylor, who makes
Stoltenberg would not comment about any
$20,000 annually and receives a benefit package.
alleged incident involving specific staffers. She
“Maybe that would lead to more diversity here as
did, however, admit that while the agency’s turn
well.”
over rate “was low throughout 1995, it did esca
Wendi Johnson, 26, is an advocacy specialist
late in January and February 1996, which I do
who has been with CAP a little more than a year.
imagine was a catalyst for this.”
She believes a union will help establish a more
She also acknowledged the organization’s lack
diverse workforce, which is critical given the
of a clear and consistent evaluation policy.
escalation in HIV transmission in people of color
‘There is not a set of written guidelines,” says
communities. No person of color was at our
Stoltenberg. ‘T hat’s true. We have never had the
meeting, and employees count less than a handful
money to have a personnel [manager] to handle
of people of color on staff.
these types of things. This is all part of a matura
“If a person is bilingual, we should view that
tion process.”
as a skill which they should be financially com
Eakin, who was hired in August 1993, says
pensated for,” says Johnson. “I think through a
during her tenure with CAP, she has had “four
union we could develop very clear criteria that
different job descriptions and five different super
don’t exist right now.”
visors—all with different management styles.”
Johnson would also like to see more people
‘There has been no continuity. One supervisor
living with HIV on staff.
may handle situations one way, while another
“We do these trainings for others about ‘AIDS
handles it completely differently,” she says. “It
and the Workplace.’ We go in and teach others
makes it extremely confusing for an employee.”
how to create safe and comfortable environments
Her frustration is echoed by others, who say
for employees [or prospective employees] with
that while some supervisors are “great,” others
HIV/AIDS.”
overtly threaten employees with dismissal.
It is ironic, she says, that CAP has yet to create
“It makes you feel like you can’t come for
such an atmosphere in its own office.
ward and say something about it,” she says, with
“There is so much stress here, with people
nearly everyone nodding in agreement, “because
worrying whether they’re going to be fired, which
you’ll be fired and you can’t do anything about
obviously is not an ideal environment for some
it.”
one with HIV,” says Rittall. “If people know for
“There’s absolutely too much gray area here,”
sure what they’re supposed to be doing, and how
says another employee.
they’re supposed to be doing it, it can greatly
“In the past few months as I began to talk with
reduce the stress.”
staff and former staff, it became very clear that
this was a continuing problem at CAP,” says
toltenberg said she did not have the authority
Hoop. “It’s almost cyclical. Each time a step may
to recognize the union when asked to do so
be taken to rectify a problem, things would even
tually go back to business as usual.”
on April 15.
“That would have been it. We could have done
Staffers say they are expected to handle a
a card check. If the majority of employees wanted
number of duties that don’t fall within their job
descriptions—even if they don’t have adequate
the union, we could have gotten the process un
training in a particular area, and without proper
derway,” says Grant.
salary compensation— making them more stretched
Grant says that while Stoltenberg did not rec
and stressed than they already claim to be.
ognize the union, she did call for an NLRB inves
tigation, maintaining that the union campaign
“I’ve been asked to handle crisis intervention
was possibly tainted. The charge carries an impli
specialist work. 1 can do it, but it’s not part of my
cation that management-level workers were inap
job description,” says Laura Rittall, a PAL (per
propriately involved in the unionizing effort.
sonal active listener) program support coordina
“It’s called an allegation of taint,” explains
tor.
Amy
Stear, OPEU’s director of organizing. Stear
“I really want to make the point that this isn’t
says that during her 15 years of union organizing,
about money,” says Eakin. “We are not in this line
of work because we expect to get rich. We do it
she has only “seen a charge of taint maybe twice.”
“Essentially, what taint involves is the undue
because we love it.... My worst days here are
coercion [by management] of appropriate bar
when one of my speakers dies. I feel a lot of pain
gaining unit employees, which is illegal,” says
and frustration about losing people, but it keeps
Stear.
me focused on why I stay here. I just don’t feel we
According to Grant, CAP management main-
need all of the additional [administrative/person-
nel] problems getting in the way of what wegre , tained that sixemployeps who signed union cards
S
PHOTO BY LINDA KLIEWER
j u s t o u t ▼ m a y 1 7 . 1 9 9 6 T 21
Brian Hoop (left) and David Brinkman
were actually management. The employees in
question scoffed at the claim that they were man
agement.
The OPEU Organizing Committee of CAP
responded by firing off a biting leaflet which
quoted some of those employees whose status
was being questioned.
“Did you know that CAP is calling you a
manager?” read the leaflet.
“If all the coordinators are management, the
ratio of staff to management will be almost 2:1. If
such a high percentage of our budget actually
went to management, the community would be
outraged,” said Eakin in the document.
“That’s easy for them to say,” added Freddy
Calla-Waiwa, Latino services coordinator, “but
everything I want and everything I do goes through
other people. I don’t make the final decision.”
‘T h at’s crazy,” chimed Tom Cotter, the PAL
and volunteer coordinator. “I see this simply as a
ploy to stall our union.”
The leaflet was sent to the press.
D
uring a CAP board of directors meeting on
May 1, several staffers went before the
board to discount claims that they were
management, while others told board members
why they wanted to form a union.
Following the meeting, says Stear, CAP with
drew its call for an investigation.
"It’s very unusual to have a charge of taint, and
it’s also very unusual for management to with
draw the charge so quickly,” says Stear. “We
think the board’s response is a very positive one.”
‘That was really the first chance the board had
to act, and they did the right thing. They deserve
credit for that,” says Eakin.
According to Grant, even though the request
for an “investigation” was withdrawn, an NLRB
hearing to determine an appropriate bargaining
unit for an election was still set for May 13.
Again, members of CAP’S OPEU Organizing
Committee responded via leaflet:
Hoop said: “We appreciate the board of direc
tors’ decision to withdraw the request for an
investigation by the NLRB. However, they still
have the opportunity to avoid a divisive hearing
and directly recognize our union. The staff at CAP
are unified and ready to be a union. I’m ready to
vote yes for OPEU!”
Said Susan Hartwell, CAP fiscal coordinator:
“Wednesday night [the May 1 board meeting]
was an unforgettable high for all of us. The
eloquence of our indi vidual voices and the strength
of our unity was powerful and moving. It was
great to reconfirm my commitment to OPEU with
so many of my fellow CAP staff members.”
Union backers claimed that the hearing would
“actually [be] a waste of time [because] we filed
for an appropriate bargaining unit, and if we can’t
gain voluntary recognition, we want to move to an
election as soon as possible.”
, Whei? J t t s f p u f met wjt]i £ A P employees,,
staffers were under the impression that the hear
ing was still on. When we talked with Stoltenberg
on May 10, we were informed that the hearing had
been canceled because CAP had agreed to honor
the unionization process.
Stoltenberg tells Just Out that the CAP board
is “not interested in blocking the union,” and will
“work as quickly as possible to negotiate a con
tract to ensure all employees have a voice.”
‘Things are moving along in a very positive
way,” says Stear, who says management has
agreed to either conduct a card check or hold an
election no later than June 7.
“Getting a card check is very unusual,” says
Stear. “If we do, we can essentially get to the table
and start negotiating. We would like to do that as
soon as possible.”
Union enthusiasts at CAP are also eager to
move ahead.
A media statement from “CAP Workers Lo-
cal/OPEU” reads, in part: ‘The nature of our work
tends to be emotional and difficult. This is one
reason that our agency experiences regular staff
turnover at every level. For years, CAP staff have
experienced several management styles and at
tempts to solve personnel issues. They have all
been transient and short-lived. For this reason, we
have created a solution that will endure. This
epidemic commands our full attention. To be able
to provide for it we need to guarantee that we will
be supported in our workplace. The solution for us
is a union. It is one that will set a firm foundation
for everyone who works at CAP, now and in the
future.”
The statement says the union will provide a
“collective voice [to] ensure integrity and equity
in creating a safe and stable work environment
with clear, just and consistent administrative and
personnel procedures and policies.... As a Union,
we are committed to inclusiveness and openness
in hiring and acting on staff and community ideas
and concerns. Our collective decision-making
process strives for consensus. Short of consensus,
we will vote with majority rule on pressing mat
ters to ensure movement forward.”
What a union will mean to CAP consumers
remains unclear, but at least one CAP consumer
Just Out spoke with says he fully supports the
move toward unionization.
“I think it’s vital that staff be comfortable in
their workplace,” says Bob Doyle, 41, an attorney
who is currently on disability.
Doyle, who proudly admits that he grew up in
a union family, says he does not fear that consum
ers like himself will receive a smaller part of the
funding pie (for client services) if a union is
established at CAP.
“If people are comfortable and not fearful they
will lose their job at the whim of management,
then they will do a better job. Turnover will
decrease, and consumers are better able to de
velop, solid relationships during a difficult time,
yvhich I think is important,” he, says, . , . .