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NORTHWEST LABOR PRESS | July 1, 2016 | PAGE 9 Rock crusher operators, mechanics and support crew Oregon AFL-CIO endorses workers at Cemex join Operating Engineers Local 701 Burgerville Workers Union Rock crusher operators, me- chanics and support crew work- ers at Pacific Rock Products LLC, doing business as Cemex, voted 27-14 to join Operating Engineers Local 701. Workers in the new bargaining unit are heavy equipment operators, me- chanics, weighmasters, and cus- tomer service reps at sand and gravel quarries in Boardman and Canby, Oregon, and at four locations in Clark County, Washington. Voting was held May 26 on site at English Pit Sand and Gravel and Fisher Quarry in Vancouver; Lewisville Sand and Gravel in Battle Ground, and Canby Sand and Gravel. Work- ers at Orchards Sand and Gravel in Vancouver are also part of the bargaining unit. The vote in Boardman was by mail ballot. Ballots were counted June 16. Cemex is a global building materials company that operates in more than 50 countries throughout the world. Its U.S. network includes 13 cement plants, 46 distribution terminals, 74 aggregate quarries, and more than 350 ready-mix concrete plants. Operating Engineers Local 701 has sister locals that repre- sent workers at Cemex quarries in Seattle and California. The Oregon and Southwest Washington quarries were once owned by Pacific Rock Prod- ucts (Pac Rock). About 10 years ago, Local 701 attempted to or- ganize the crew there, but after several workers were fired the union campaign fizzled. The company was later sold to Ce- mex. Many of the same workers were involved in the most recent union campaign, according to Nate Stokes, field staff coordi- nator at Local 701. Stokes said management is- sues, wages, and fringe benefits are key issues among the new group of union workers. “The guys are tired of being treated like third class citizens,” he said. Cemex rock crusher opera- tors in Oregon and Southwest Washington currently make about $18 to $20 an hour, pay for their own health insurance premiums, and are offered a 401(k) retirement savings plan, Stokes said. The prevailing union wage for this area doing similar work is around $30 to $32 an hour, plus paid fringe benefits. As far as union organizing campaigns go, this was a quick one. Local 701 received the first call expressing interest in April. Cards were quickly signed and the election— conducted by the National Labor Relations Board (NLRB)—was completed by mid-June. But that doesn’t mean there weren’t some problems. Nicole Rappaport, general counsel at Local 701, said the union has filed two unfair labor practice complaints with the NLRB alleging changes in terms and conditions of employ- ment. The company tradition- ally gives raises in June. This year, according to Rappaport, the group of workers seeking to join the union didn’t get a raise, while workers who were ex- cluded from the bargaining unit (truck drivers, concrete batch operators, clerical, and others) all did. In another instance, Rappa- port said a mechanic foreman who was a designated observer for the union during the on-site elections saw his job change. The mechanic typically is free to travel to all of the Cemex loca- tions to perform his job. But af- ter the union election he was told he needed clearance from supervisors before going to cer- tain facilities. Stokes said no dates have been set for bargaining. Operat- ing Engineers Local 302 in Seattle has negotiations opening up as OE Local 701 begins ne- gotiations on its first contract. ers for drug test results. “Employers have had a golden ticket to terminate em- ployees for marijuana,” said Jen- nifer Chapman, the Oregon AF- SCME staff attorney who defended Hirsch. But Hirsch had rights under his union contract. AFSCME’s contract with Lane County re- quires “just cause” for discipline. It also specifically prohibits dis- cipline for off-duty conduct — unless that conduct impairs the employee’s ability and effective- ness to perform his or her job. And the contract requires that managers use a progressive dis- cipline process: Discipline starts with verbal and written warn- ings, not with termination. Fi- nally, Lane County has a policy against drug use, but even that policy has an exception for doc- tor-prescribed drugs. All of that “The fact is I was never impaired at work, and they would admit that.” — Michael Hirsch, AFSCME Local 2831 made a difference in arbitration. “Thank God for the union,” Hirsch says. AFSCME Local 2831 stood by Hirsch throughout, trying to shame Lane County into not fir- ing him, then filing a grievance, voting to take it to arbitration, and raising and contributing money to help him with the lost income. Hirsch says he was wiped out financially, first by his medical bills, and then by his firing. After losing his employer-provided health insurance, which he needed to stay on top of his med- ical condition, he ended up en- clares. The resolution also en- courages affiliate unions and their members to support the Burgerville Workers Union. ONLINE EXTRA See the full resolution at http://bit.ly/1UTtkEc ... At a Boeing contractor in Portland, workers vote whether to go union From Page 1 break each day, and they rotate between graveyard and day shift every few weeks. The work in- volves hazardous chemicals, and turnover is high. According to one informed estimate, the company is hiring about 140 workers a year; given a crew of 180, that amounts to almost 80 percent annual turnover. Work- ers say the “Now Hiring” sign at the entrance never gets taken down. Wages start at $11.50 an hour for safety spotters and top out at $22.44 for the most senior painters. That’s a lot less than what Machinist-represented rolling in Medicaid and food Boeing employees are paid for stamps and moving in with his the same work in Everett, Wash- mother in Rochester, New York. ington, says Machinists District Now Hirsch is back in Eu- Lodge W24 representative Will gene. He returned to work June Lukens: A typical worker there 27. Besides reinstatement, the starts at $19 and tops out at arbitrator ordered Lane County $41.79 an hour. CAPS provides to pay him $35,000 in back pay, basic employee-only health in- of which he received $21,550 af- surance at no charge to workers, ter taxes. As the loser of the but charges $100 a week for binding arbitration, the county family health insurance. Paid must also pay the expenses of time off, which folds sick leave the arbitration, almost $6,000. together with vacation, totals And that doesn’t count the tax- just 56 hours a year, and there payer expense of county HR and are no paid holidays. The com- legal staff who spent months try- pany does make annual profit- ing to defend the firing of a can- sharing contributions to 401(k) cer patient using a doctor-recom- retirement accounts amounting to 5 percent of gross wages for mended drug outside of work. Chapman, the attorney for workers who’ve been there Oregon AFSCME, says Hirsch’s more than two years. Pro-union workers say they win may help others in similar cases in the future: It makes it want pay and benefit improve- safer for future arbitrators to ments, but also clearer paths to make decisions that are more in advancement. And they want to line with common-sense notions be treated with greater respect and dignity by management. of fairness. ...Cancer survivor who was fired for medical marijuana is back on the job in Lane County From Page 1 At its June 17 meeting, the Ore- gon AFL-CIO Executive Board passed — by unanimous voice vote — a resolution endorsing the Burgerville Workers Union and pledging to support their struggle. Oregon AFL-CIO is the state’s premier labor federa- tion, made up of local chapters from 39 international unions, which represent 130,000 Ore- gon workers altogether. Burg- erville Workers Union, affiliated with the Industrial Workers of the World, launched publicly on April 26 and is calling for a $5 an hour wage increase for work- ers at the 41-store regional fast food chain. “Solidarity is a cornerstone of unionism,” the resolution de- noW [and alWaYs] Hiring: $11.50 an hour. Hazardous chemi- cals. 12-hour-long graveyard shifts. The union campaign began in mid-March when a CAPS worker called IAM. Lukens said the union’s June 13 request that the National Labor Relations Board hold an election seemed to take the company by surprise. The week after IAM re- quested an election, the com- pany launched an anti-union campaign led by outside con- sultants. The campaign follows the tried-and-true blueprint for busting a union: Workers are brought in for small group meet- ings and barraged with fear-in- ducing messages. If they union- ize, the company might lose its contract with Boeing and they’ll all be out of a job. If they union- ize, the company might just say no to everything, and they’ll get nothing. If they unionize, they might have to go on strike, and they’ll all be replaced. Why hire a union busting firm instead of respecting work- ers’ right to decide the union question on their own? CAPS president Paul Lubomirski de- clined to return a call from the Labor Press.