PAGE 2 NOVEMBER 19,1981
SPILYAY TYMOO
Union Council sues over hydro project pay
Continued from page 1
for work on the project. Out of
those, a total of 40 have been
hired. That’s more than one
hired out of every three Indian
applicants.
In comparison, only one of
every 20 non-Indian applicants
have been hired on. Out of a
whopping 4000 applications, a
total of 270 people have been
hired to date, with 157
currently on the payroll (as
mentioned above).
Of the Indian applicants who
weren’t hired, Lizzie Rhoan
explained that Ma lot of them
were drop-outs—real young
kids with no skills or real work
experience.”
She and Lloyd Smith, Sr.,
trib al personnel d irecto r,
added that in the contract with
A.S.C. the tribes could have
required th a t all Indian
applicants be hired. But, in
terms of training time, the cost
would have been prohibitive so
the tribes said to hire only
qualified Indians.
Lizzie also mentioned, that
when A.S.C. needs someone
right away, they always check
with her first.
The main question addresses
the union council's charge that
A.S.C. Constructors is “paying
wages about $8 to $9 an hour
below area rates.” Robert
Stanfill, executive secretary for
the trades council, said this is
happening because A.S.C. is an
“open shop.” (Open shop
means that workers don’t have
to be union members to be
hired for a job at the hydro
project).
However, Project Manager
Jerry Dibble says A.S.C. is
p a y in g its w o rk e rs th e
equivalent of prevailing area
wage rates. “When we were
negotiating the contract with
A.S.C., they agreed they would
pay on an equivalent basis as
union rates.”
A.S.C. employees at the
hydro project are divided into
four classifications: Skilled
C ra ftsm a n ($ 1 6 .1 8 /h o u r),
S e m i- s k ille d C r a f ts m a n
($ 1 4 .4 0 /h o u r ) , U n sk ille d
Construction Worker ($12.05/
hour) and Trainee ($8.97/
hour). At one time there were
three trainees on the job, but
they were upgraded. Foremen
and those with special skills
receive additional pay.
Included in the pay rates
listed above are fringe benefits
of $2.97/hour. Of that hourly
frin g e a m o u n t, $1.20 is
deducted from each worker’s
check for medical insurance.
The rest of the fringe benefit
goes to the worker instead of to
a union fund.
Dibble said that several
months ago he took the rates
people were being paid, the
Tribes respond to the
state wage law flap
by Sandy Rangila
It’s common knowledge that
the Confederated Tribes pay
their employees equal to or
higher wages and salaries than
most other area employers.
So, naturally, the Tribes are
confused about recent claims
by the Labor Commissioner
and State Wage and Hour.
Commission that the Tribes are
ignoring state wage laws.
S ta te m e n ts by L a b o r
Commissioner Mary Wendy
Roberts and Paul Tiffany,
administrator for the Oregon
Wage and Hour Commission
(which appeared in The
Oregonian Nov. 4 and Nov. 15,
respectively) have left tribal
personnel d irecto r Lloyd
Smith, Sr. scratching his head
in disbelief.
“I don’t know what they are
talking about,” he said. “We've
always abided by state and
federal wage and hour laws.
The Tribes have always at least
paid the minimum wage.”
In response to Tiffany’s Nov.
15 claim that the Tribes are
“ignoring most of our state
wage and hour laws,” Smith
had this to say.
“The tribal organization
itself adheres to federal and
state laws, and in some cases
we’re higher.” Smith said that
generally the Tribes stick with
federal \ guidelines, not the
state's, because often state
standards are lower.
He said this is especially true
in the case of the Tribe’s
Summer Work Program for
youngsters. “And,” he added,
“no one under 18 can work here
without a work permit and a
Social Security number. Those
work permits all have to
be approved by the State
Department of Labor.”
In an effort to get some kind
of clarification as to what
Tiffany is talking a b o u t,
Spilyay Tymoo attempted to
reach him at his Portland
office. He was on another line
so we left word for him to
return the call, collect if
necessary. He never called
back.
As far as the Tribes are
concerned, the Confederated
Tribes are in compliance with
state and federal wage and hour
laws.
Burglary prevented
“Due to the efficient work Trailer Court. Massad, an
the Warm Springs police unenrolled Indian was taken to
sto p p e d a b u r g la r y in U.S. Federal Court following
p r o g r e s s ,” a c c o rd in g to an investigation by the Warm
assistant U.S. attorney William Springs police and the FBI. He
Youngman.
was indicted by the federal
In the evening hours of Oct. grand jury on October 20 for
19 the Warm Springs police burglary in the 1st degree.
arrived upon the scene of an
At this time Massad is being
ap p aren t burglary a t the held by the U.S. Marshall’s
G if t S h o p / I n f o r m a t i o n office in Portland Bail has been
Center. At that time they took set at $10,000.
into custody an individual they
Massad’s trial date has been
found at the scene.
The person taken into set for December 15. The
custody was identified as prosecuting attorney will be
Michael Massad. Deschutes Youngman.
deductions and fringe benefits,
and found that the rates did
come out to the amounts
A.S.C. said they would pay.
“I got from the Federal
Register the published wage
rates for the Davis-Bacon Act
(an act which requires certain
contractors to pay minimum
prevailing wages in the area),
took the various classes and
averaged them out. I found
them to be approximately the
same as A.S.C. is paying at the
time the contract was signed.”
He said the Tribe has
watched to see that A.S.C. is
living up to the contract as far
as wages and the hiring of
Indians. Dibble concluded that
the c o n tra c to r essentially
carried out the terms of the
contract and is abiding by the
contract with the Tribes.
Dibble said that before the
contract with A.S.C. was
signed, the Tribes negotiated
with two other union bidders.
Neither got down to A.S.C.’s
bid, he said. It was a question of
the best bid from the Tribe’s
viewpoint.
It a p p e a rs th a t, w ith
construction at low ebb, the
union is redoubling its effort to
look good to union employees
because union employees are
hurting now, Tribal and A.S.C.
sources figure.
“Trades Council Incorrect”
(Reprinted from The Oregonian, letters to the editor)
Repeal Davis-Bacon Act
dollars expended.
Óur association has taken
I note with interest your the lead toward repeal of the
article (Nov. 4) relative to the Davis-Bacon Act both at the
B uilding T ra d e s C ouncil national and state levels. We
seeking to compel A.S.C. are gratified to see The
Constructors, Inc. of Boise, Oregonian join editorially with
Idaho, to follow the Davis- many other newspapers across
B a c o n A c t r e la tiv e to the nation in recognizing the
prevailing wage and work rules wasteful use of our tax monies
by limiting competition and
on the Pelton Dam generator supporting wage rates and
project.
work rules that do not reflect
I believe the Trades Council the true labor cost at the work
is 100 percent incorrect in its place.
complaint that the contractor is
John Bentley,
profiting at the expense of
taxpayers and workers. It is, in
President,
fact, the Warm Springs Indians
Northwest Chapter,
who are profiting by getting the Assoc. Builders & Contractors
project done at low cost. We,
Inc.,
the taxpayers, are benefiting by
201 S.W. Arthur St.
getting more project for the
To the Editor:
Atkinson retires, to relax?
Retired over a month now
Francis A tkinson form er
insurance manager for the
Warm Springs Confederated
Tribes, is relaxing at home, in a
manner of speaking. Part of his
relaxation, according to his
wife Rose, is remodeling their
mobile home and winterizing
it.
Asked how Atkinson likes
retirement, Rose mentioned
that he as all too used to getting
up and going to work.
Retirement takes practice.
Atkinson spent eight years
with the tribes beginning in
June of 1973 as an accountant.
Over the years he became
known for his punctuality,
knowledge of acconting, his wit
and for wearing a beaded tie.
In January of 1975 Atkinson
became accounting manager.
His position as assistant
controller became effective in
January of 1979 and two years
later in 1981 he became the
tribe’s first insurance manager.
Pat Metke, insurance agent
from Lumberman's Insurance
Company in Bend quipped,
“ H e’s the best insurance
manager the tribe has ever
had—the only one.”
Many tribal employees who
w o rk e d w ith A tk in s o n
throughout his years with the
tribe gave short speeches
reflecting on life at the office
with him. Personnel manager
Lloyd Smith Sr., addressed
Atkinson saying, “Francis is
the only one who constantly,
.daily, wears a beaded tie. Now
with his leaving I will be the
only one to have th a t
distinction.”
F isc a l m a n a g e r D o u g
McClelland reviewed Atkin
son’s work with the Tribe by
commenting, “Not everything
is spelled out on a work record.
Francis has done a good job
and has been respected for the
job.”
Controller Jim Sizemore
b ro u g h t up the im p act
Atkinson has left on the Warm
S p rin g s c o m m u n ity . He
mentioned Atkinson being very
active in the Lion’s Club and in
reforming the Veteran’s of
Foreign Wars Warm Springs
post. Atkinson remains very
active in the VFW, according
to Rose.
Visitor and former employee
Cliff Yarnell expressed joy in
being able to celebrate the
b eg in n in g o f A tk in s o n ’s
retirement with him. Having
recently retired from tribal
work himself, Yarnell avowed
the fact that retirement opens a
new life. He stated, “Eacl^of us
looks forward to this time. It
opens up new goals and roads
for new achievements and
things to do.”
In re tu rn fo r all the
expressions of appreciation
fro m fe llo w e m p lo y e e s,
Atkinson had a few words to
say regarding the time he has
spent at Warm Springs. “It has
been a complete joy for me to
work with the staff and the
people here. If I had my life to
live over again I’d do it again.
The people on the reservation
are tremendous.”
He went on to say, “This is
my home. The Tribes didn’t
adopt me. I adopted them. I
hope to continue to be of
benefit to the people here.”
Francis Atkinson