Oregon Supreme Court upholds earlier
ruling that custodians were illegally fired
Remembering workers killed on the job
More than 100 people attended a Workers Memorial Day ceremony April 28
at Mt. Tabor United Methodist Church in Southeast Portland to remember
workers killed on the job in Oregon in 2005. A flag was raised and bell rung
in memory of the 51 Oregonians who died last year. Similar services were held
worldwide, including Washington state, where 112 workers were killed on the
job in 2005. In 2004 (the latest year for which Bureau of Labor Statistics
figures are available), 5,703 workers died in the U.S. from workplace injuries
and illnesses, compared to 5,575 the previous year, according to the AFL-CIO
report, “Death on the Job: The Toll of Neglect.” The rate of on-the-job
fatalities (4.1 per 100,000 workers) was up by 2 percent from 2003. The last
year the rate went up from the previous year was 1993. The Portland
memorial service was sponsored by the Northwest Oregon Labor Council.
SALEM — The Oregon Supreme
Court has once again sided with former
custodians at Portland Public Schools
by refusing to reconsider a ruling that
the school district violated state labor
law when it fired 320 custodians and
contracted with a private company for
janitorial services.
The custodians were represented by
School Employees Local 140, an affili-
ate of the Service Employees Interna-
tional Union. The layoffs in 2002 deci-
mated the union, and it was eventually
dissolved and merged with SEIU Local
503, Oregon Public Employees Union.
Local 503 currently represents approx-
imately 300 cafeteria workers at Port-
land Public Schools.
Before the merger, Local 140, led by
President Grant Walter, filed lawsuits
charging that the school district violated
the state civil service law when it fired
the custodians. That law requires the
Civil Service Board to hire and fire any
custodians directly employed by the
school district.
The Employment Relations Board,
Multnomah County Circuit Court and
Oregon Court of Appeals disagreed.
The union appealed all the way to the
Oregon Supreme Court.
On Oct, 12, 2005, the high court
ruled 4-3 that the school district did, in-
deed, violate the civil service law. Port-
land school officials then asked the
court to reconsider its decision and on
April 25, 2006, the court denied that re-
quest.
“I’m just thrilled with the news,”
Walter told the NW Labor Press. “We
have argued all along that we were fired
illegally. Now we’ll wait for the penalty
phase to kick in.”
The school district reportedly paid
custodians approximately $16 million
in the last year of their contract, which
included benefits and retirement under
the Public Employees Retirement Sys-
tem. “A lot of custodians haven’t found
work, and those who did haven’t re-
ceived the same pay and benefits (as the
school district contract),” Walter said.
The former custodian and Local 140
president said four months ago poten-
tial back pay stood at $50 million.
Newspaper reports indicate the tab
might be as much as $64 million.
Walter said attorneys from both sides
are meeting in hopes of brokering a deal
as quickly as possible.
Three to go for House majority
on Employee Free Choice Act
Representatives Jim Gerlach of
Pennsylvania and Chris Smith of New
Jersey became the 14th and 15th Re-
publicans in the U.S. House of Repre-
sentatives to sign on as co-sponsors of
the labor-backed Employee Free Choice
Act, bringing the number of co-sponsors
to 215 — just three shy of a majority.
The EFCA is federal labor law re-
form designed to restore the freedom to
join unions.
Among the co-sponsors of the bill
Oregon’s and Washington’s entire De-
mocratic congressional delegations.
Missing are signatures from Repub-
lican Reps. Greg Walden of Oregon, and
Dave Reichert, Cathy McMorris and
Richard “Doc” Hastings of Washington.
Oregon U.S. Senator Gordon Smith also
hasn’t signed on to the legislation.
Some 57 million U.S. workers say
they would join a union if they could,
based on research by Peter D. Hart Re-
search Associates. But when workers try
to form a union, employers routinely re-
spond with harassment and retaliation.
Diane Linn has Earned Our Support!
e
n
a
i
ir
ect D
“ Managing Multnomah County is a job full
of challenges. There is only one person in
the race for Multnomah County Chair with
the political savvy and practical experience
to accomplish what our citizens want and
deserve. That person is Diane, and she
has my support.”
l
a
E
h
-
C
e
y
R
nt
u
o
ults
C
s
e
r
R
u
l
O
ea
er R
ead
Real L
Governor Barbara Roberts
Respected Labor organizations and
leaders are endorsing Diane:
• Dan Gardner, Commissioner, Bureau of Labor & Industries
• Randy Leonard, Commissioner, City of Portland
• Representative Diane Rosenbaum
• SEIU Local 49
• Amalgamated Transit Union #757
• Oregon Nurses Association
• Portland Firefighters Local 43
• Multnomah County Deputies Association
• Portland Association of Teachers
• Multnomah Co. Democratic Party
• International Longshore and Warehouse Union, Local 8
Democrat
May 16th, Join us in voting to Re-Elect
Diane Linn for Multnomah County Chair.
Paid for and authorized by Friends of Diane Linn .
MAY 5, 2006
NORTHWEST LABOR PRESS
www.dianelinn.com
PAGE 7