Fremont, Calif.
BROTHERHOOD CAUCUS GAINS CONTROL OF UAW LOCAL 1364
The Brotherhood is a multi-national rank and file caucus of Local 1364 of the United Auto Workers, which is composed of employees at the General Motors Assembly plant in Fremont, and the GM parts plant in Oakland, California. The Brotherhood has been organizing for almost a year around the need to build a strong, democratic union capable of representing the workers and dealing effectively with GM management. In June, Brotherhood members were elected Cont. p.4
Cont. from p.5 and sewed large red "Brotherhood-People Power" patches on their jackets. paper was started which covered both local plant issues and national and in- ternational events. Leaflets were dis- tributed before each regularly scheduled union meeting, encouraging workers to at- tend and participate. Beginning in January, hundreds of workers turned out for union meetings--for the first time Inside the plant, Brother- in years. hood organizers and members actively en- couraged and helped other workers to write up grievances, confront supervi- sors, and respond directly to oppressive management practices.
The response of GM, once it began to take the Brotherhood seriously, was to threaten, harass, place under surveill- ance and fire active Brotherhood organi- zers. Several were accused of falsify- ing their employment applications (see article on falsification of applications); one 18-year man was accused of stealing plant property and GM security guards actually went out and searched his home. A demonstration called to protest the firings was attended by more than 300 workers. Pressure was put on the Union
to move on their grievances; and com- plaints were filed with the National La- bor Relations Board. So far, two of those fired have been rehired.
The Brotherhood ran a full slate in the Local elections; and though it didn't sweep the elections, it did win the most powerful Local office--shop chairman-- and also a voting majority on the execu- tive board and control over a number of standing committees. Those elected in- tend to use the union machinery--the committees, grievance procedure, nego- tiations--to educate the membership, fight discrimination, and win demands that will make a difference to the work- ers. The first big test will come in the fall contract negotiations, which are bound to be an intense struggle.
People in the Brotherhood feel that although the election was an important victory, the real test lies ahead. Work- ers will be watching to see what the Brotherhood can produce now that they have put it in office. Will meetings on the lines continue? Can the Brotherhood unite workers of all nationalities in common struggle against the company? It will take commitment on the part of the elected leadership, and pressure from the rank and file, for the Brotherhood to stay united and achieve its goals.
The Problem of Falsified Applications
Several Brotherhood organizers were fired for violating General Motors Shop Rule 1--falsifying their employment ap- plications. Specifically, they were accused of not reporting some of their education, and of 11sting job experience at non-existent companies. GM not only wrote to persons who were listed as ref- erences, but they checked the city rec- ords to see if and when the companies listed as previous employers had ob- tained business licenses and were in operation. Likewise, they wrote to col- leges, Junion colleges and universities in different parts of the country to unearth past attendance. And they checked for criminal records.
These firings are being fought both through the grievance procedures and the National Labor Relations Board (NLRB). Although technically the company has the right to fire employees for falsifica- tion, there are ways of fighting and sometimes winning these cases.
As far as the grievance procedure is concerned, the first problem is getting the union to move on it. Sometimes, if the union is willing to pressure the company, it can be convinced to rehire the employee; but this generally does not happen in the cases of militant workers and organizers. If the case ever reaches arbitration, it may possibly be won on the grounds that the falsification Cont. p.24
did not injure the company or mislead it as to the worker's expected job perform- ance; or that the worker had worked on the job long enough (at least a year) to prove her/himself so the application is no longer relevant. It can be helpful to prove that the company had the evi- dence of falsification long before they used it (so, clearly, the firing was for another reason), or that other employees had not been fired although they were known to have falsified their applica- tions in similar (or worse) ways.
plies both to union and non-union acti- vity. Section 8(a) (3) covers only union activity.)
To prove these cases, it is necessary to show some or all of the following: (1) that the investigation of the work- er's background was discriminatory, in that she or he was singled out for spe- cial attention; (2) that the firinn was discriminatory, in that other known fal- sifiers were not fired or were rehired; (3) that the company had sat on the in- formation until they needed an excuse to fire the worker; (4) that the company knew of the organizing activities and had reason to feel threatened by them (this is crucial); and (5) that manage- ment was out to get the fired employee. (The NLRB investigators like evidence that foremen or other supervisors have made statements to that effect.) Whe- ther or not the application was falsi- fied is not relevant in these proceed- ings.
Finally, the NLRB will refuse to take these cases, and will defer them to the union grievance procedure, unless the union has outright refused to process them, or it can be shown that the union is hostile to the employee and is unlike- ly to represent her/him adequately. This must be shown by evidence of their acts and statements.
The procedure under the NLRB is to file unfair labor practice charges a- gainst the employer under Section 8(a)(1) and, if applicable, Section 8(a)(3) of the National Labor Relations Act. These prohibit management "interference, re- straint and coercion" of a worker engaged in protected "concerted activity" (i.e., organizing), and discrimination against a worker for "union membership". Here it is necessary to prove that the falsi- fication was just a pretext for the firing; the real reason was union acti- vity and/or general organizing. ("Con- certed activity" is any attempt to or- ganize for better job conditions for more people than just oneself; it ap- PRODUCTION: We would like to thank the people at Sedition, the San Jose Community News- paper, for letting us use their layout equipment and space. Also our printers, Up Press, of Redwood City, California; they do a great job at low prices. And, finally, the gang from the Bay Area La- bor Committee and friends who turn out for the collating-stapling-trimming-
labeling-sorting-bundling night at the
EXHIBIT NO. 7- Continued
Time For a Breakthrough
The two articles by Thomas Dennis and Lee Walker are right on target. The latest resistance of outraged rank-and-file auto workers to dangerous and unhealthy working conditions is living proof of that. The leading role of Black auto workers in these heroic struggles has dramatically exposed the vicious racism of General Motors, Ford and Chrysler-three of the most brutal exploiters of all workers, Black, white and Brown.
The working people of this country have been hit by one of the slickest rip-offs in history. Nixon is using his "phases" to pay off the gang of millionaire godfathers that bought him the last election with their juicy contributions. "Phase 4" is the worst yet. Profits have shot up beyond the wildest dreams of even the most greedy profiteers. The speedup drive, spearheaded by the National Commission on Productivity, has broken all production records. Skyrocketing prices of food and the other necessities of life are relentlessly placing them farther and farther out of reach of the working family. Wages are still trapped in Nixon's pay freeze straightjacket. The brazen lie that "wages are respsonsible for inflation" has been clearly exposed for the fraud that it is. Yet it was successfully used to force totally inadequate wage increases down the throats of five million workers in the first eight months of 1973. And now the auto companies are trying to use it to perpetrate the same fraud against the auto workers in the current negotiations.
BUT THE AUTO WORKERS CAN TURN THINGS AROUND! Relentless pressure from the ranks is forcing the demands for a substantial wage increase and a vigorous fight against speedup into the center of the collective bargaining sessions between the United Auto Workers and the "Big Three" auto companies. These two issues can't just be brushed aside. The conditions are being created for an historic breakthrough in auto that will help the entire trade union
What would a solid wage increase and a slowdown of production lines in auto mean? First of all it would be a heavy blow against the wage freeze steal. It would help the auto workers win back some of the wages and conditions they have lost in recent years. It would help the steelworkers bury I. W. Abel's notorious "no-strike, compulsory arbitration" sellout. It would pave the way for a reopening of contracts and renegotiation of unsatisfactory wage settlements
put over by the corporations with the help of the Nixon Administration. To slow down killing production paces would open the door for a real campaign to clean up dangerous and unhealthy conditions in the plants.
To realize these just demands the Communist Party urges maximum support be mobilized for the auto workers in their crucial contract struggles in 1973.
George Meyers is a former textile and construction worker. He is a past President of the Maryland-D.C. CIO. He now is chairman of the National Labor Commission of the Communist Party, USA.
Thomas Dennis is a former auto worker. He is presently chairman of the Communist Party of Michigan and coordinator of the National Auto Commission of the Communist Party.
Lee Walker is a Black worker employed in a major plant in the basic auto industry and an active trade unionist.
The articles by Thomas Dennis and Lee Walker are reprinted from the June 1973 Political Affairs, theoretical journal of the Communist Party, USA. This pamphlet is issued by the National Auto Commission of the CPUSA. We invite your comments about this pamphlet or any questions which you might have about its contents or about the Communist Party. Queries should be addressed to:
National Auto Commission
1442 Griswold, Room 304 Detroit, Michigan 48226
« PreviousContinue » |