| Volume IX, Issue 2, Spring 2001 |
|
UNION NEWS
Family Benefits for Bus Drivers
Amalgamated Transit Union Local 192 won strong family benefits in their
recent contract with AC Transit. These include:
- Expanding FMLA: Members are eligible to take leave under FMLA
after 6 months and a minimum of 625 hours, cutting the federal requirement
of 12 months and 1250 hours by half.
- Members can use accrued sick leave during FMLA leave.
- Employees who take FMLA for a newborn or newly adopted child may
work part-time and gradually return to work for an additional 12
weeks, following the completion of FMLA leave.
- Use of Sick Time: Members can use up to eight hours of sick leave
per quarter in hourly increments for personal appointments.
- Dependent Care Fund: AC Transit will contribute 3 cents per hour
worked, per ATU Local 192 members, into a Dependent Care Fund. This
amounts to a minimum of $125,000 per year for 2000 employees. A
Dependent Care Committee will decide how the money will be spent
to address the child care needs of ATU members. (ATU Local 192 and
AC Transit)
Expanding the
Definition of Family
AFSCME Local 11 negotiated with the State of Ohio for family leave and
bereavement leave for immediate family. Immediate family is defined
broadly as spouse, significant other (one who stands in place of a spouse
and who resides with the employee), as well as child, stepchild, grandchild,
parents and step-parents, in-laws, siblings and great grandparents.
Accrued sick leave may be used to care for immediate family. (AFSCME
Local 11 and the State of Ohio)
Domestic Partners
Benefits - Beyond Health Coverage
As unions fight for benefits and laws that improve the lives of working
families there is a growing movement within labor to extend these rights
and privileges to same sex couples. The struggle for equality for domestic
partners goes beyond securing medical benefits. Family rights that are
still denied domestic partners include: taking family leave to care
for a sick partner, survivorship - receiving a percentage of a pension
in the case of a partner's death, the right to make decisions in the
event of illness or death of a partner, and social security benefits.
Members of Pride at Work, the newest constituency group of the AFL-CIO,
organized behind the scenes in some of the most celebrated victories
for the rights of gay and lesbian workers and their domestic partners.
The organization fights for the right of gay and lesbian employees to
work in a safe, harassment free environment, provide medical benefits
to life partners, and eventually extend all of the benefits and responsibilities
that married workers enjoy to same sex unions.
What started out as a movement for non-discrimination policies in the
workplace has become much more - it is now a movement that demands equal
rights for same sex partners in the workplace and beyond. According
to Nancy Wohlforth, National Co-President of Pride at Work, one of the
most celebrated victories for domestic partner benefits in recent years
- the Big Three Auto Makers; General Motors, Ford and Chrysler division
of Daimler-Chrysler AG -- extending medical benefits to domestic partners
- started with bargaining for and winning non-discrimination in the
contract. "There was a Pride at Work Rank and File Caucus in the
UAW (United Auto Workers). They got the union to include non-discrimination
in their bargaining demands and they won. The next step in 1999 was
bargaining for Domestic Partner Benefits. This was a much bigger struggle.
They finally agreed to study the issue. And in June of 2000 they agreed."
One of the largest employers in the country providing domestic partner
benefits was a big victory but only a step toward the long-term goals
of the movement toward recognizing domestic partners as equal to family
members. As Wohlforth explains, "We are winning DP benefits in
the workplace. Let's fight for survivorship, extend the Family and Medical
Leave Act to include domestic partners, and the long term goal - social
security benefits for same sex partners."
Both in the workplace and outside of it, domestic partners in most states
find that their relationship to their partners is "invisible"
in the eyes of the law and they are denied the right to make medical
decisions or receive any survivorship benefits usually accorded to family
members. In California, a State Assembly Committee approved a bill that
addresses some of these problems. If the bill is passed, it would allow
domestic partners to:
- File a wrongful death lawsuit
- Use sick leave to care for a partner
- Make medical treatment decisions for a partner
- Add domestic partners to the list of people who can inherit property
- Collect Unemployment Benefits when forced to leave a job to relocate
because a partner takes a job in another part of the country
- Allow a partner to act as a conservator
Gay and lesbian couples
in Hawaii already enjoy many of these rights and in Vermont, same-sex
partners are allowed to form civil unions that give them the same benefits
as marriage.
Pride at Work has taken up the issue of survivorship and is currently
working on a campaign with unions to extend domestic partner benefits
to defined benefit pension plans. OPEIU's Trust Fund amended the International
Union's pension plan to provide a joint and survivor annuity to partners
not just spouses. This would mean that the surviving domestic partner
of a union member would receive 50% of their pension for the rest of
their life. OPEIU Local 3 in San Francisco is currently negotiating
for survivor benefits with the United Way of the Bay Area. This campaign
is being taken to all unions, especially those that have Taft-Hartley
Trust Funds. These are run jointly by the employer and the union.
Pride at Work is also joining with the National Gay, Lesbian, Transgender,
Bisexual Task Force to change social security laws. Right now, same
sex partners are not entitled to social security benefits if one partner
dies. "It galls me that if I were to die tomorrow, my partner of
twenty years would get nothing while a straight person on their third
marriage could be married yesterday and their spouse would get 50% -
75% of their social security." says Wohlforth of Pride at Work.
"We see it as an equal pay for equal work issue. I pay into social
security - we pay into the same system - it is unjust. Lesbian and gay
workers are not paid equal pay for equal work. When we die, our money
goes into the black hole."
In the fight for Domestic Partner Benefits many battles have been won.
However, same sex couples continue to fight for the recognition and
the legal rights that traditional families take for granted.
Low Income Parents
Lack Workplace Supports
For American families, the disparity of living and working conditions
between lower and upper income workers is greater than ever. In The
Widening Gap, author Jody Heyman, M.D., Ph.D shows that economic inequalities
are magnified by the fact that while the poor have greater family responsibilities,
they lack the resources to adequately address them. This has created
a "care gap" in America: lower income working families are
working harder and longer and their children and elderly relatives are
receiving less and less care.
According to Dr. Heyman, lower income workers have greater child care
needs and spend more time caring for elderly parents than higher income
families:
- "41% of mothers who have been on welfare for more than two
years in the past have at least one child with a chronic condition
whose health and developmental needs they must address, compared
to 21% of mothers who have never been on welfare."
- 24% of low income employees care for an elderly family member
or friend.
- Low income families who have disabled children or adult family
members to care for spend more time directly providing assistance.
- The lowest income parents are less likely to have paid sick leave,
paid vacation leave and work time flexibility. (76% have no paid
sick leave; 58% have no vacation leave; 54% lack both sick and vacation
leave).
The lack of paid leave and flexibility in the workplace can force parents
to decide between their jobs and caring for their children or sick family
members. Heyman writes, "Paid leave and flexibility in the workplace
can make a critical difference in the feasibility of a worker meeting
family members' needs while succeeding at, or at least surviving on,
a job." For example, flexibility enables parents to take sick relatives
to the doctor or meet with teachers about a child's school problems.
Paid leave enables parents to stay home with sick children. But according
to Dr. Heyman's research, only one in twenty working poor parents consistently
had at least four weeks of combined paid vacation and sick leave available
each year. And, over the course of five years, 78% of low income parents
found themselves at times in jobs with no flexibility at all. The working
parents who don't have paid leave or flexibility are the least likely
to be able to afford quality substitute care. "In the absence of
universally available childhood education," Dr. Heyman writes,
"low-income families spend a far higher percentage of their income
getting far less adequate care for their children.." Paid leave,
flexible work time and universally available quality child care for
low and middle income workers are needed to bridge the "care gap"
between the families of the rich and the poor.
(The Widening Gap:
Why American's Working Families Are in Jeopardy and What Can Be Done
About It, Jody Heymann, M.D., Ph.D., Basic Books.)
Resources
Beyond the Bottom
Line, The Search for Dignity at Work. By Paula Rayman, PhD. This
book examines the issues of dignity at work by looking beyond the short
range numbers and statistics. It offers feasible alternatives for workplaces
that are more responsive to workers' needs while maintaining productive
workplaces. It is possible to work, and still have a life, this book
claims. Published by Palgrave Press.
For information, call 212-674-5151, ext. 704.
Join the Labor
Work & Family Listserv for Union Members Only
Participate in the Labor Work & Family Listserv for union activists
interested in work and family. The Listserv is an opportunity:
- to give updates on current projects
- ask for and/or give advice
- share resources and information and
- help develop new ideas for winning family-friendly union provisions
Past emails have included discussion on:
- Breast feeding rights in the workplace
- Negotiated child care subsidies
- 12-hour shifts
- Organizing child care workers
To participate, email your name, address, phone, union and email
address to: lpwf@berkeley.edu
The Listserv is moderated by the Labor Project for Working Families
and comes out about twice a month.
Labor Family News is published quarterly by:
Labor Project for Working Families
2521 Channing Way #5555
Berkeley, CA 94720
Ph: 510-643-7088
Fax: 510-642-6432
lpwf@berkeley.edu
www.working-families.org
Netsy Firestein
Editor
Jenya Cassidy
Managing Editor
Reprints Permitted With Acknowledgement. Call
us for an email version.