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RTLAND
OBSERVER
Voiumr « No. 4«
Thursday, October 14th, 1976
10c per copy
I
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says Civil Rights Division
harassed Black employee
The Equal Employment Opportunity
Commission (EEOC) has determined that
“there is reasonable cause to believe”
that the Civil Rights Bureau of the
Oregon State Bureau of lailior. has vio
lated Title VII of the 1964 Civil Rights
Act, as amended, as the result of a com
plaint filed by Walter P. Williams.
Williams, a former employee of the
Civil Rights Bureau, charged the Bureau
with discriminating against him with res
pect to promotions, compensation, and
harassment due to his race and sex. He
charged that he was denied promotions
because he had expressed opposition to
preferential treatment given sex discri
mination cases over race discrimination
cases, that he was denied proper pay,
and that after he filed a complaint he was
criticized and harassed.
EEOC did not find that Williams was
denied the promotion to Administration
due to discrimination, but found that the
individual who was promoted, Lee
Moore, also a Black male, had been
judged by the State Personnel Division,
to b«" more qualified for the job.
EEOC did find that after Williams
made it known that he believed he had
been discriminated against and that the
process used in processing complaints
was discriminatory, "that supervisory
personnel began to harass him by con
stant and in-depth scruitiny of his perfor
mance and by filing numerous and un
warranted corrective disciplinary notices
in his personnel folder. Creditable testi
monial evidence supported Charging
Party's (Williams’) allegation that he was
subjected to criticism, harassment, and
intimidated by management and by other
employees of the Civil Rights Division.”
Within a month after the Bureau re
ceived notification that Williams had filed
a charge of discrimination, he was noti
fied that he would be demoted with a pay
reduction, because of inefficiency, insub
ordination, and misconduct in the per
formance of his duties from May 1st, 1973
through April 30th, 1975.
The Bureau contended that Williams
failed to meet work performance stand
ards, but admitted that there were no
established standards and that since
Williams was the only employee in his
classification, his performance expecta
tion was hard to measure. There was no
record that Williams had ever been coun
selled on failure to meet work standards
or on quality of work prior to September,
1974, or that he had been disciplined prior
to June 2nd, 1975.
EEOC found that Williams and another
employee who had also filed a complaint
were given written reprimands for taking
long coffee breaks and lunch periods, but
other employees who violated the same
policies were not. EEOC also found that
Williams was not insubordinate when he
refused to sign an evaluation because he
was not given ample time to review it and
comment on it like other employees were,
and was not told that his refusal would be
considered insubordination.
EEOC found that there was reason to
infer that William's demotion and reduc
tion in pay were retaliatory actions,
Labor Commissioner Bill Stevenson
Christina Bush, a junior nursing and sociology major at the University of Portland,
was chosen as one of five national winners in an academic essay contest sponsored by
the National Urban League and the Liggett Group.
Her essay, ”How Higher Education Contributes To My Opportunities For Employ
ment and Personal Enrichment." earned her a $500 scholarship. She is the daughter of
Mr. and Mrs. Booker T. Bush of Berkeley, California.
The Ninth Circuit Court of Appeals has
reversed an earlier decision of the U.S.
District Court, and found Local 40 of the
International Longshoremen’s and Ware
housemen's Union (ILWU), the inte-
national union and the Pacific Maritime
Association quilty of racial discrimina
tion. The decision is the result of a suit
filed by Booker Gibson. Andrew Smith,
Napoleon Jelks, and Willie Tanner in
1968
Gibson first filed a complaint with the
Equal Employment Opportunity Com
mission in 1967, after applying for em
ployment as a casual clerk and being
passed over while whites who had applied
later were placed in jobs. The day after
Local 40 received the charge from EEOC,
Gibson was dispatched for employment,
but after February 20th of the following
year he was no longer employed. EEOC
found violation of the Civil Rights Act
and ordered conciliation but conciliation
efforts failed. The case was filed in
federal court in October of 1968. In
November, 1970, Judge Belloni dismiss
ed the suit but the Court of Appeals
reversed his decision.
The trial was held in 1973, with Judge
Walter Craig finding no evidence of dis
crimination. An appeal was filed by the
complainants.
The Court of Appeals found that "the
evidence established a prima facie case of
discrimination against Blacks in the re
ferral and employment of casual clerks in
told the Observer that he completely
disagrees with the EEOC findings. The
EEOC finding was made on April 13th,
1976 and on May 5th, 1976 the Bureau of
Labor notified EEOC that it does not
wish to concilliate. Williams was termin
ated from employment effective May
13th, 1976. Subsequently the State
Employee Relations Board found the
dismissal to be justified. The next option
open to Williams is a suit in federal court.
the Portland Maritime area in violation of
Title VII. Appealees (ILWU, ect.) failed
to rebut this prima case."
No Blacks were employed as casual
clerks in the Portland Maritime area pri
or to October, 1967, and James Byrne,
Local 40's business agent, admitted that
racial discrimination existed prior to that
time. The Civil Rights Act of 1964 gave
employers one year to comply, but no
Black were hired until two years after the
compliance date.
Five Blacks were added in October and
November of 1967 to the group referred
for casual employment, but they were not
the result of active recruitment as re
quired by the law. Gibson, the first Black,
was added only after he filed a complaint
with EEOC and the other four were add
ed shortly afterward. The union stopped
referring the five Blacks to jobs on the
same day -- February 20th, 1967. Four
were removed from the casual list and
one was reinstated, but later dropped
again.
No applications for casual work were
accepted after the middle of November,
1967, and other than an occasional, tern
porary referral, no additions were made
to the casual group until 1973. “This
six-year 'freeze' on new applications for
casual clerk referral perpetuated the
condition of almost total exclusion of
Blacks from the group of casual clerks
that had come into existence because of
appealees prior discriminatory prac
Civil rights
heads discuss
opportunity
tices," the court found. "This freeze' in
conjunction with the practice of referring
only persons in this group for employ
ment as casuals, discriminated in favor of
the disproportionately white referral
group and against Blacks seeking employ
ment as casual clerks . . ."
Booker Gibson told the Observer that
he is happy that the court has made the
right decision in finding the union guilty
of discrimination. “I don’t know why it
should take nearly ten years, but my
belief that the union discriminated
against me and other Blacks has been
proven. I have always been sure that the
court would make the right decision in
the end." Gibson hopes this decision will
encourage others who feel they have
been the object of discrimination to file
complaints. "It takes a long time and it
can be very discouraging, but if more
people would sue there wouldn't be as
much discrimination."
The class action suit includes "all those
Black persons who are or may be employ
ed, or who may have attempted or may
attempt to obtain employment, as casual
clerks in the Portland Maritime area.”
Attorney for Gibson, Smith, Jelks and
Tanner, throughout the 9'/j year process
of the case was Frederick T. Smith. At
torneys for the ILWU were Puzzi, Wilson
and Atchison. Barring an appeal to the
Supreme Court by the defendents, the
U.S. District Court will determine what
Blacks are affected by the case and assign
damages.
Edward Mitchell, Director of Civil
Rights for the General Services Adminis
tration (GSA) in Washington, D.C., told
participants in an affirmative action
workshop Monday that it is their
responsibility to relieve the pain of fellow
citizens who are less fortunate than they.
"When there is gross injustice and un
solved inequities, there will be an explo
sion."
Explaining affirmative action he said,
"The people will no longer let the Ameri
can government subsidize bigotry." It is
the responsibility of the President to in
sure that any company benefiting from
government contracts insure that ail
people have an equal opportunity to
work.
Criticizing government priorities,
Mitchell said GSA monitors 39 major
ndustrial groups with from 45,000 to
,000 contracts with only 100 investiga-
' tors. "The American people want it to
happen but are not willing to spend the
money.”
Bob Jeffries, Regional Director of the
Equal Employment Opportunity Com
mission, Region 8, told the group, “Until
we are integrated into the total economic
system of this country, we are slaves."
He called Title VII of the 1964 Civil
Rights Act its most controversial section
(Please turn to p. 2 col. 3)
American Black leaders question Kissinger plan
The Black Leadership Conference on
Southern Africa, a group representing
120 Black organizations in the United
States met in Washington, D.C. last week
to discuss efforts to bring about Black
rule in South Africa.
The group discussed the Kissinger plan
and raised twenty questions regarding
U.S. involvement with a commitment to
South Africa.
(1) Secretary Kissinger has apparently
exerted pressure to get Ian Smith, who
has consistently opposed majority rule, to
say it is acceptable within two years.
When will such pressures be exerted on
the Pretoria regime to bring about major
ity rule in Namibia and in South Africa
itself?
(2) What concessions were made to
bring Smith around? What price was paid
to South Africa for its role in the agree
ment? What will it cost the U.S.?
(3) What are the modifications in the
Kissinger-Callaghan plan obtained bv Mr.
Smith?
(4) How soon will the process outlined
in the proposed settlement begin?
(5) How can the U.S. speak for the
United Nations and assure that sanctions
will be lifted? Does this mean that the
U.S. and Britain agree to act unilaterally
to lift sanctions?
(6) How can the U.S. assure that the
fighting will end? Do the Secretary and
the President intend to send U.S. troops
or advisers to bring this about? Is the
U.S. a military guarantor of the "settle
ment" in Zimbabwe or the contemplated
one in Namibia?
(7) Why must we wait two years for
majority rule in Zimbabwe when, by
every estimate, including one by the Kis
singer himself, the white minority Smith
regime would fall within 18 months even
without outside intervention?
(81 What is meant by majority rule -
equal Black representation plus one, or
proportional representation?
(91 Is there a plan to test the opinion of
the African people in Zimbabwe as with
the British Peace Commission in 1972?
Will the people have an opportunity to
accept or reject the Constitution itself?
(10) What persons will participate in
the organizing meeting to decide upon
the selection of members of the interim
government, and when and where will
such a meeting take place?
(11) If the interim government will
make decisions on the basis of consensus,
which is the Turnhalle model, will this not
in effect give veto power to whites?
(12) Would not an interim government
in which the whites control the Ministries
of Defense and Law and Order merely
entrench white racist minority control
over the security and military system of
the state?
(13) When Smith says that the Consti
tution will be drawn up in Rhodesia, by
Rhodesians, does that mean that libera
tion leaders under detention or in exile
will not be permitted to participate in this
process?
(14) While there are apparent guaran
tees that the fighting will be stopped and
sanctions will be lifted, what commit
ments have been made that will prevent
white defections from majority rule with
in two years, even if that time frame
were acceptable?
(15) What will be the results of the
re establishment of British authority int
Zimbabwe? Does this mean that any con
tinued activity by freedom fighters will
constitute an act of aggression against
Great Britain, and thereby open the way
MS. DOROTHY T A T E
for NATO support of its British ally? Is
there a guarantee, and if so, is the U.S.
the guarantor, of the borders of South
Africa?
(16) Is this flurry of activity at thi. time
A shopping spree at the St. Vincent de
were not able to bring many personal
designed to forestall the military aovan
Paul Thrift Shop in Billings, Montana
items with them so many of their furnish
tage freedom fighters would gain within
brought an unexpected treasure to Ms.
ings were made in America.
the next 30 days during the rainy season,
Dorothy Tate. Among her purchases was
The Bennington pottery is believed to
and to prevent United Nations Chapter 7
a coffee cup. which she used for several
be the first made by American immi
action against South Africa for non com
months before learning that it is a rare
grants. Many pieces are now in the
pliance with Security Council Resolution
piece of pottery.
Smithsonian Institution.
385?
Ms. Tate, a former resident of Oregon
(17) Does this plan and the terms re ' The cup was made in Bennington,
Vermont in 16391 As Ms. Tate explains,
was in Portland visiting her sister,
vealed by Smith, and those not yet dis
the pilgrims who came to the New World
Lucinda.
(Please turn to p. 2 col. 5)
Thrift shop cup worth $ 1 0 ,0 0 0
The real truth about Christopher Columbus
by Martin Brown
Berkeley, California (PNSI - The myth
of Christopher Columbus' discovery of
America has been frequently and con
vincingly punctured and yet it survives.
But now, as Americans prepare once
again to celebrate Columbus Day, a new
study of Columbus has appeared that
adds insult to injury.
Columbus, it seems, not only wasn't the
first European to sight the New World
when he arrived he introduced to these
shores all manner of mayhem, murder
and greed.
In Columbus: His Enterprise I Monthly
Review Press, 1976) Hans Koningsber
ger, a novelist turned historian, sets out
to take “a cold and hard look at what
Columbus was all about.”
In the process - involving examination
of historical studies and the writings of
Columbus and his contemporaries not
even the most treasured schoolroom tra
dition survives:Columbus. says Konings
berger, was far from alone in believing
that the earth was round. Moot educated
people of his time were convinced of the
earth's roundness.
Columbus a self-educated merchant
seaman differed only in believing that
the earth was much smaller than it is. His
mistaken belief that Asia, rich with spires
and exotica, lay just over the western
horizon prompted his promotional cam
which the majority contain gold . .. There
are many spices, and great mines of gold
and other metals . . ,” As Koningsberger
comments, "All of this was fantasy.”
I^ater an agent of Columbus promised
Ferdinand and Isabella, "On the next
voyage the ships will carry away such
quantities of gold that anyone who hears
paign before the royal courts of Europe.
Spanish monarchs Ferdinand and Isa
bella, who finally granted Columbus
funds for his expedition, knew little about
sea exploration and considered the effort
a shot in ihe dark -• worth the risk only
because it was not very expensive - says
Koningsberger. They even agreed to Co
lumbus' terms: 10 per cent of all trade
with Asia, admiralty over the western
ocean and governorship of any newly
found lands.
landing in the New World, Columbus
wrote in his log, "here is a people to be
converted to our Holy Faith by love and
friendship and not by force . . But in the
same log he added, “should your Majes
ties command it, all the inhabitants could
be taken away to Castile, or made slaves
on the island. With 50 men we could
subjugate them all anl make them do
whatever we want."
In fact, the natives of Hait'
which
Columbus thought was Asia - would
never be converted to Christianity, but
would be subjugated and then extermin
ated by Columbus as he tried to squeeze
the riches of the Orient out of the impov
erished Arawak Indians.
Reporting to Ferdinand and Isabella on
his first voyage, Columbus wrote, "His
paniola is a miracle. Mountains and hills,
plains and pastures, are both fertile and
beautiful. . . the harbors are unbelievably
good and there are many wide rivers of
Trying to make good on his promise of
unimaginable riches, Columbus quickly
resorted to a system of brutal exploits
tion against the native Arawak Indians.
According to Bishop de las Casas, a mem
ber of the expedition, the Indians were
treated “not as beasts, for beasts are
treated properly at times, but like the
excrement in the public square.”
Every Indian man, women and child
over 14 was required to collect gold for
the Spaniards. Those who failed to bring
in their quota had their hands chopped
off. According to Koningsberger, "there
are old Spanish prints that show this
being done: the Indians stumble away,
staring with surprise at their arm stumps
pulsing out blood." Indians who fled to
the mountains were systematically hunt
ed down with dogs and killed.
When there was no more gold, Coiurr,
bus invented the New World slave trade.
After rounding up 1,500 Arawaks, he
found his ship had room for only 500. He
chose the "best specimens" to send to
Spain.
of it will be dumbfounded.”
According to an eyewitness account,
the Arawaks who were released, terror
stricken, “rushed in all directions like
lunatics, women dropping and abandon
ing infants in the rush, running miles
without stopping, fleeing across the
mountains and rivers.” The slave trade
turned out to be unprofitable, for most of
the slaves died.
Unable to stand the horrors of the new
society, the Arawaks started to kill
themselves in incidents of mass suicide,
using casava poison. After two years of
Columbus' administration, an estimated
one half of the entire population of His
paniola had been killed or had killed
themselves. According to Koningsberger,
“twenty five years later the entire nation
had vanished from the earth. Not one
Indian on the island had ever been con
verted to what Columbus called 'our Holy
Faith'."
When the Arawaks were gone, the
Spaniards divided the : 'and into huge
estates and imported an estimated two
million Black slaves to work them. A
century later, only 600,000 descendants
survived.
Eventually subjected to a royal inves
tigation for cruelty and inefficiency, Co
lumbus was found guilty of mismanage
ment and was brought back to Spain in
chains and in disgrace.
However, he never gave up the idea
that he had found a western route to the
Orient that would enrich Spain beyond
the wildest dreams of the most ambitious
monarchs. In his defense to Queen Isa
bella he wrote, “The gate is open for gold
and pearls . . . we can expect large
quantities of precious stones, spices, and
other things."
Is it worth spoiling Columbus Day by
telling the truth about Christopher Co
lumbus?
Koningsberger obviously thinks it is.
"Shouldn’t we wind up that Enterprise of
Columbus," he asks, “and start thinking
of a truly New World?"
Copyright PNS 1976