TWU Civil and Human Rights Meeting

Hello Sisters and Brothers:

I would like to thank those of you who attended the TWU Civil and Human Rights Meeting, in Las Vegas, September 14, 2006.

Members shared information and ideas on civil and human rights as it relates to unions. There was discussion on on why we need a Civil and human Rights Department and how we can educate our members on their Civil and Human Rights.

Members were separated into groups for smaller group discussions.  Ideas for a mission statement for the TWU Civil and Human Rights Department were also discussed.

The TWU Civil and Human Rights Steering Committee will review the input from members at the meeting on what the mission should say. Look for this later on the web-site.

If your Local has some information it would like to share on the web-site concerning, Civil and Human Rights, you may e-mail me at Sandra1@twulocal260.com.

Many of our Union’s greatest achievements have been in the area of civil and human rights. The Transport Workers union of America and the labor movement were among the leaders in the struggle to gain passage of the Civil Rights Act of 1964, the most far-reaching civil rights legislation in the United States. Title VII which prohibits discrimination in employment, almost appeared to model our Union’s already existing non-discrimination language in its collective bargaining agreements. The voting Rights Act of 1965 and the National Voter Registration Act effective in 1995, extends the basic fundamental right of access to the ballot to all citizens. The Pregnancy Disability Act signed into law in 1978 clarifies Title VII’s sex discrimination provision. The Age Discrimination in Employment Act protects the job rights of older workers. We contributed to the adoption of the Human Rights Act of 1977, which prohibited discrimination and guaranteed equal opportunity.

With perseverance, our Union survived the Reagan-Bush era, the anti-civil rights, anti-union years of constant struggle to maintain all that we had achieved in human rights and workers’ rights. We managed to over-turn narrow and restrictive court decisions that adversely affected women and minorities with passage of the Civil Rights Act of 1991. Our efforts in the legislative area continue to bring economic justice to minorities and women who have been denied their rights by the courts and society. The Americans with Disability Act of 1990 which protects missions of people with disabilities from discrimination in employment, public services, accommodation and transportation was a major civil rights accomplishment.

In 1991, President Clinton signed his first bill, the Family and Medical Leave Act, into law to provide unpaid leave for parents to take care of newborn or newly-adopted children, seriously ill family members or for their own illness. We strongly support National Health Care as a basic right of all Americans.

Though our struggle to eliminate discrimination seems unending, each achievement in human rights bring us a step closer to our goal for all people to have full and equal economic, social and political opportunity – for all people to have a decent place to live, quality education, employment options and a better life.

In the Transport Workers Union of America equality begins at home. Through human rights programs, policies and gains, we have to bring justice and dignity to our members, which carry over, into the communities in which we live. As long as artificial barriers still exist to impede the advancement of all citizens in both our nations, our work on behalf of human rights and workers’ rights will be unfinished. It is our moral responsibility and a challenge we meet wholeheartedly.

Opposition to Discrimination
This union stands unequivocally opposed to discrimination of any sort, shape or form. That policy applies specifically to discrimination in employment. This union is flatly opposed to discrimination in hiring, promotion, lay-off or any other term or condition of employment. Any collective bargaining contract, which, either by its terms or its actual operation, permits discrimination on account of race, creed, color, sex, nationality, age or disability, is illegal. The United States Supreme Court, the lower federal courts, and the National Labor Relations Board have all held that when a union acts as the exclusive bargaining representative of employees in a bargaining unit, it is the union’s legal duty to represent every employee in that unit fairly and equally, and in such a manner that no discrimination results.

Any union which violates or fails to live up to this obligation, and which permits discrimination, whether by the terms or in the actual administration of its collective bargaining agreements, may be deprived of its bargaining rights by the National Labor Relations Board. Furthermore, a union which engages in or permits such discrimination may be held liable for damages to the employees discriminated against.

As stated above, the Union’s policy against discrimination on the job and its legal duty to prevent it apply both to the terms of a contract and to the way it is administered in actual practice. Even if a contract is fair on its face, but is actually administered in such a way that discrimination in employment or any term or condition of employment, such as promotion, actually takes place in the plant, the violation of the Union’s policy and its legal liability is just the same as if the contract in terms permitted discrimination.

Thus, it is a clear violation of this Union’s policy and of the law for the Union to sign a contract which freezes off the promotional opportunities for employees on account of their race, creed, color, sex, national origin, age or disability; and it is just as much a violation for the Union to refuse to present grievances on behalf of employees who are in actual practice discriminated against with regard to promotion. Furthermore, discrimination on the job is just as objectionable and just as illegal whether it is accomplished directly or indirectly.

These principles must guide contract negotiations and control our conduct in the grievance procedure.

If we cannot enforce these policies through the grievance procedure because of our inability to obtain company agreement, then we have the right to seek help from the appropriate governmental agency to assist us in effectuating the principles embodied in the founding of the Union.

Our first effort then is to obtain and vigorously enforce proper contract provisions. These provisions would include; a non-discrimination clause; the establishment of a joint company-union civil rights committee; and a clause whereby a civil rights grievance may be initiated at an advance step of the grievance procedure. If we fail, the union still has the right and duty to insist on compliance with the law. The TWU made a major contribution to the enactment of the Civil Rights Act of 1964.

After we obtain good contract provisions, we have the duty of assuring compliance with these provisions on a non-discriminatory basis. It is our policy that employees fully use the Union’s grievance procedures to seek redress of violations of the contract. We urge all employees not to ignore or avoid such procedures.

The policy of our Union requires that all International Officers, the Executive Board members and Staff Representatives and all Local Union Officers, Grievance Committee persons and members must neither discriminate nor acquiesce in an employer’s discrimination even if the employer’s discrimination is not covered by the contract. Moreover, as the law affords the bargaining agent an opportunity to administer and police our agreement – even if no one charges a violation, the Local Union and its officers and grievance committee have an obligation to police company action to insure that discrimination and segregation (and other contract violations) do not occur. Accordingly, in order to implement the principles of this Union and the directives of every Convention, each local union should, under the direction of the Director and with the aid of the International President and staff as well as the legal Department of the International Union, study the company’s hiring and promotional policies and take immediate corrective action where warranted.

The Department shall plan civil and human rights and women’s committee education, training programs, workshops, conferences and seminars, make recommendations on matters referred by TWU Local Officers or Board, i.e., requests endorsements, contributions, participation in international and community programs as they relate to the labor movement and the TWU. Work with the AFL-CIO national and local offices to help develop chapters and membership of all constituency groups; APRI, APALA, CLUW, CBTU, LCLAA, PAW, ARA and others.

The TWU of America and Local’s must take the lead in education, organizing and the development of women of the TWU to be strong rank-and-file and strong leadership to serve the needs of our increasingly diverse membership.

TWU of America has one of the best and strongest histories in the labor movement today regarding rights for all workers and leads the labor movement on diverse membership since the 1930’s. Take some time and review the TWU Civil and Human Rights Department historical video – it will let you know who your TWU really is. It is your responsibility as TWU future leaders to keep TWU’s positive history alive.