BUDGET CUTS
GOOD OR BAD????


As a non-profit organization we cannot get involved in politics or lobby for a cause. The purpose of this article is to simply make our readers aware of what effect the so-called budget cuts have on workers' rights.

Most workers who come in to see me need the assistance of some government agency:

Those who are hurt need the assistance of the Workers' Compensation Commissioner (the position may be called something different in your state).

Those who have complaints under the National Labor Relations Act will need to have that complaint investigated by the National Labor Relations Board.

A person who is being asked to run a dangerous machine will need an OSHA investigator.

A person with an unemployment issue will need to get the case before an administrative law judge.

A person who has been discriminated against will need to ask help of the state and federal civil rights agencies.


As a result of government budget cuts those civil rights cases can take over two years to resolve. Regular inspections of work places are not taking place. The few inspectors left try to respond to complaints. Investigators from the National Labor Relations Board have had their travel budget slashed so that, in some cases, they have to investigate cases by telephone. In-person unemployment compensation hearings are delayed for weeks or even months.


There is no dispute that the refund check being mailed out will be greatly needed by those who read this newsletter. In many cases the check will be used for school clothes and supplies or other basic needs such as paying on last winter's utilities bill.


The result of the budget reduction is that we have fewer resources to work with. When a worker comes to us and needs help from a government agency we have to explain that the help will be less or will have to wait.

Workers' rights will suffer from the budget cuts

IF WE CANNOT ENFORCE A RIGHT WE WILL LOSE IT
Those lawmakers who are pushing for
smaller government are listening to the
very same employers who have their
workers to look to a federal agency for help.


WATCH OUT FOR THE DEER



Somehow the boss at Pacific Enterprises Limited believed that it was the driver's fault that a deer jumped in front of her truck. The driver hit the deer and caused some mild damage to the bumper. When the driver arrived at the home terminal she was advised that she was going to pay for the bumper. She protested.

When she received her paycheck she discovered that the employer was actually deducting money from her check to pay for the bumper. She advised the employer that if she did not get her money back she would not drive for the company. The employer refused to refund the money. The driver quit and applied for unemployment benefits.

Workers Have Rights Too helped the driver present her case to an administrative law judge who found that she had good reason to quit and agreed with the claims deputy that she could receive unemployment compensation.

Through the efforts of the Iowa Department of Labor she was able to get back the money witheld for the bumper.


Lesson learned: Normally damages cannot be
witheld from a person's wages. If a worker
doesn't receive all of his or her wages it is a
good reason to quit a job. A person must tell
the employer that if the wages are not paid the
worker will quit. The worker must give the
employer a chance to correct the matter before
quitting.


THE BOSS WAS RIGHT



Usually Workers Have Rights Too is trying to show that the boss was wrong. A recent Sinclair Oil case found Workers Have Rights Too on the side of the boss.

Three workers from Sinclair Oil were forced to file a lawsuit in federal court alleging that they were exposed to some real gross sexual harassment. Shortly thereafter two of the workers(both managers)were discharged.

It became clear that the two managers were set up by some of their subordinates. Workers Have Rights Too was able to help the one manager win her unemployment compensation at both the fact-finding step and at the administrative hearing. The other manager lost in both steps.

Several of the workers who testified for the employer met with the employer's representative at the Hilton Inn the day before. After their preparation for the hearing they were treated to supper with the employer.


Lesson learned: So many times we see
workers who will appear on behalf of the
employer and against their co-worker in an
unemployment compensation case only to be
discharged themselves in just a few weeks. In
this case several of the employer's witnesses
are no longer at Sinclair. Doing the employer's
dirty work does not mean guaranteed
employment. Usually it is just the opposite
that is true.


THE MISCONDUST WAS ON THE BOSS' PART



Workers simply do not have to put up with the boss screaming and cursing. A worker at a local stationery store simply would no longer put up with the intolerable conditions. She had a meeting with him and told him had enough of his raging. When he started to respond in rage she closed up her notebook and told him that is the behavior she was referring to.

Within a few weeks he did it again. The worker quit and filed for unemployment compensation. She also filed a civil rights complaint.

The employer contested her claim. A claims deputy allowed her benefits. The employer appealed. An administrative law judge ruled in the worker's favor. The employer had appealed the matter to the Employment Appeal Board. There will be no further hearings. The three member board will review the record and decide if the judge was correct. Since she has won two consecutive decisions she will never have to pay back any of the unemployment benefits.


Lesson learned: A worker simply does not
have to take the abuse.


ANOTHER CASE OF INTOLERABLE CONDITIONS



Three women were forced to leave their positions at one of the Sioux City Fareway Food Stores. All three were being exposed to harassment from male co-workers. All three workers have filed civil rights charges with the State of Iowa and the Federal EEOC. Their complaints have passed screening and are waiting for investigation.

One of the ladies applied for unemployment benefits. The employer fought her claim but lost the first round before the claims deputy. The employer appealed the matter to a hearing before an administrative law judge who found that the worker was forced to leave because of the working conditions. This worker had product thrown at her, had crude sexual comments made to her, and was called names. She wrote the employer a letter and advised that if the harassment did not stop she would leave. The employer had the offending employees write letters of apology but the harassment continued.


Lesson learned: If you find yourself in a work
situation similar to this remember that you do
have rights. We have some publications you
should read. The book Don't Quit- There Is A
Better Way advises workers that there are
ways to correct the work problems. We also
have a pamphlet entitled Voluntary Quit.
Don't make a decision about quitting without
talking with us.


ANOTHER CASE OF BOSS' MISCONDUCT



A post office worker was discharged for creating a "hostile work environment," but after a hearing before an administrative law judge it was clear that the wrong person was discharged.

The worker was cleaning up to go home. He went over to check on a co-worker who was not feeling well. A supervisor approached him and asked if he was "on the clock." After the worker questioned the supervisor about why he was asking, the situation deteriorated. The worker was ordered to the office for a job discussion. Under the union contract the discussion was to be one-to-one. When the supervisor asked another supervisor to be involved the worker advised the supervisor that he would also need a witness.

When the supervisor ordered him to the office by himself he did try to get another worker to go with him. He was told that if he did not go to the office alone he would be chartged with insubordination and would be disciplined further. At that point the worker turned around and faced the supervisor, who took a step forward towards the worker. The supervisor then handed his clipboard to the other foreman to hold. The worker did as he was told and reported to the office, where he was suspended.

At the administrative hearing the testimony showed that it was the supervisor that created the hostile work environment. Rather than find out why the worker was where he was, he simply started to bark out orders in an angry voice. Instead of following his training and allowing a confrontational situation cool down, he kept pushing. Rather than talk with the worker on a one-to-one he insisted on forcing the worker into a meeting with two supervisors without his own witness.

The worker lost his unemployment compensation claim in the first step. Workers Have Rights Too helped him appeal his case to an administrative law judge who, after a hearing, found that it was not the worker who committed misconduct. His benefits were allowed.


Lesson learned: There are several lessons in
this case. First, there is a firm rule in labor
relations which provides that if a worker is
told to do something, the worker should do it
unless it is illegal, unsafe or immoral and
contest the order later. In this case the worker
followed all of the supervisor's orders. He
tried to get a co-worker to go with him, but
when ordered to the office without a witness
he did as he was told.

Also, employers are adopting so-called
"violence-free work place" policies which are
being applied to workers but not supervisors.
You must watch what you say. We have had a
worker who told a foreman that he would be
sorry about a decision he made. The worker
meant that the union would file a grievance.
He was discharged for making a threat. Keep
good notes on what was said in a confrontation.


We have a book called "Get Out Of My Face"
which addresses how to handle a confrontation with the boss.


--THE BOSS HAD A GUN--



An office worker for SOSINC asked that something be done about a loaded gun that her boss carried. She especially became concerned when the boss told her that he had to take a Valium so he would not go "postal."

The boss had handed the gun to the worker and had cautioned her that it was loaded. She knew that it was kept in his coat pocket. The boss had told her to make sure that his coat was near him at all times. The worker sought help from the boss' son, but that did no good. She was forced to resign.

When the worker applied for unemployment she was faced with a fact-finding interview. The claims deputy denied her benefits. Workers Have Rights Too helped her appeal the decision and assisted in the presentation of her case before an administrative law judge. After a hearing the judge ruled that the worker had followed the four steps required by the courts before a worker can quit. She made the employer aware of the problem, advised the employer that she would quit if the condition was not corrected, gave the employer time to correct the problem, and resigned when the problem was not resolved. Her unemployment benefits were allowed.


A reminder: We have a pamphlet which
addresses the issue of voluntary quits and
a book called "Don't Quit- There Is A
Better Way."


WORKER WAS NOT ALLOWED TO WORK



A worker for Perkins Stationery of Spencer was forced to take off work to have surgery on her knee. She had experienced problems with the knee in the past but had aggravated the condition while unloading a truck of paper at work.

Once she was released for work the employer refused to allow her the opportunity to return to work until she was released without restrictions.

The worker presented several releases, but the boss would not let her return to work because she still had restrictions. The worker applied for unemployment benefits but was denied in the first step. Workers Have Rights Too assisted the worker in appealing the decision. After an administrative law judge found that the worker was unemployed through no fault of her own, her benefits were allowed.


Lesson learned: A worker should report an
injury immediately. In Iowa the workers'
compensation law requires a notice within
90 days, but a worker should not wait.

When a worker has to be off work because of
a work injury and is released with
restrictions, he or she should be returned to
work. If not, the worker could be paid
workers' compensation or, in some cases,
unemployment benefits. This is not true if
the injury is not related to the job. An
aggravation: If work aggravates an old
injury it IS work-related.


We have a book, "Hurt On The Job- Know Your Rights"


**ITEMS NEEDED FOR DONATION**



As we continue to look for funding for Workers Have Rights Too we have found that donated items sell well on the Internet.

In the last month Workers Have Rights Too has received close to $200 from items that were donated and later sold on the Internet. Attorney Roger Carter has sold the items for anywhere from $2.50 to $22.00 and had donated the funds to Workers Have Rights Too.

If you have any of the following items and would like to make a donation, please drop them by (in the afternoon) 211 4th Street, Sioux City, IA., or call (712)293-1025. Remember, the value of your item is tax-deductible. The small items do add up.

The bigger items could give you a larger tax deduction. If you have a used car that no one wants for a trade or a boat that won't sell for what it is worth, consider donating it to Workers Have Rights Too. You will receive a tax deduction certificate for each item donated.

Help keep this organization going. Donate those items you are not using.
DROP THE ITEMS OFF AT 211 4TH
STREET IN THE AFTERNOON OR
CALL (712)293-1025 AND WE WILL PICK UP
THE ITEMS
WE NEED ANY OF THESE ITEMS:

Clothes(clean with no stains, holes or missing buttons)
Books
Tapes
CD's
Cameras
Electric Appliances
Shoes(good shape)
Artwork
Collections of all kinds
Old coins and stamps
Software
Computers
Jewelry
Tools
Magazines
Phones
Fax Machines
Copiers
Sports Memorabilia

LARGE ITEMS:
Cars
Boats
Motorcycles
Trailers
Campers
Major Appliances

Tax Refund


CASINO CASH MUST PAY



It seems as though the boss at Casino Cash Services just could not get it right. A worker for this service was discharged because the boss did not want a pregnant female working a night shift because she was experiencing contractions. After the worker's mother called the boss and made him aware that he was probably in violation of state and federal law the boss agreed to reinstate the worker. She was assigned to an overnight shift, which the employer knew she could not work. The worker was not able to return to work under those conditions.

The worker applied for unemployment benefits but was denied in the first step. Workers Have Rights Too helped her file her appeal. At the administrative hearing the judge found that the discharge was without misconduct and ordered that her benefits be paid.
BR> Workers Have Rights Too also assisted this worker in filing discrimination charges based upon pregnancy, but the Iowa Civil Rights Commission's screening committee found that the case did not warrant investigation.


Lesson learned: An employer cannot treat a
pregnant female differently than any other
worker. There is a federal and state law that
covers this subject.

An offer of reinstatement is not valid if it is
for impossible terms.


UNION CARPENTER WINS



Workers Have Rights Too had the opportunity to assist a union carpenter win his unemployment benefits. In the hearing before a judge the empoyer claimed that the carpenter quit his job by not reporting for work for three consectutive days. The worker testified that he did not report for work because he was laid off. the evidence showed that the employer had laid off two other carpenters at the same time. The employer also admitted that the carpenter would have been laid off in a few weeks anyhow. The administrative judge did not decide whose version to believe. She ruled that since the carpenter did not apply for unemployment right away, he would have been laid off by the time he did apply. She awarded benefits to the carpenter.


Lesson learned: Although this worker was
clearly told that he was laid off, we have seen
a lot of workers recently who did not know
for sure if they had been discharged or laid
off but had accepted a report from the work
site or simply assumed that he or she were
discharged or laid off.

Be sure. A worker has to check with the boss
to see what his or her status is. Otherwise the
employer could claim that the person still had
a job.


---A MESSAGE FROM DICK STURGEON---



We have really had a busy time the last few months. In one week alone we had 13 in-person unemployment hearings. We have learned that the unemployed workers will have to wait longer to have an in-person hearing. There will probably be more cases where we will have to suggest that the matter be heard by telephone. Unemployed workers cannot wait for months to get their benefits. Each case will have to be looked at. In-person hearings are so much better for us. On the telephone the people in the room with the employer can give each other answers. There is no way to separate the witnsses so they cannot hear each other's answers. In person we can put the witnesses in another room and call them in one at a time. In person if an employer witness reads or looks at notes or written documents, we get to see the document. While many employers will not leave the comfort of their offices and appear at an in-person hearing, they will participate by telephone. In many cases our presence at a hearing is intimidating enough to an employer that we are able to win the case. This is not necessarily true of a telephone hearing. We really need your help in our fund-raising attempts. I have sat with many of our readers during real dark times. In most cases we have been able to be of some help. The fact is that other than Workers Have Rights Too, there isn't anyone else who is there when you need them. Legal services can help in some cases. The workers we see don't have money to pay an attorney. Our office is not fancy. We pay no wages. All of our funds go to help foster workers' rights. Won't you help us make sure there will be help for workers? Contributions of items or money will be acknowledged by a tax-deductible letter. I want to sincerely thank everyone who has helped us so far. There are many who wish that we would just go away, but with your help we have made it this far. Your contributions have done so much good. Thanks again!