On Labor Day 2009 Elkhart Steinway UAW394 Members Still On Strike

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LABOR DAY


Monday September 7th is Labor Day in the United States. The rest of the world honors labor on May 1st. But we do things differently from the rest of the world. Like our corporate-controlled health care system, we observe a corporate-controlled Labor Day weekend filled with shopportunities and blowout back-to-school sales. And both our health and the health of the labor movement suffer as a result. Very little goes on in the way of remembering the sacrifices and victories of the labor movement in the United States. Unfortunately, many of the Labor Day Parades held around the country are little more than excuses to have a picnic & get loaded.




I'm so excited to be welcoming the AFL-CIO to Pittsburgh for its national convention. My friend Rich Trumka will assume the responsibility of leading labor through the difficult times ahead. In a movement that celebrates great oratory - with fantastically inspiring speakers like Cecil Roberts, RoseAnn DeMoro and Leo Gerard - Rich Trumka stands alone. Millions of workers across the country have been encouraged, inspired and ennobled by his words. He will be a great spokesperson for labor. And God knows we need one. But we need a lot more than talk. We need bold leadership. This Labor Day I want to talk about the workers at Vincent Bach in Elkhart, Indiana.


Elkhart, Indiana is the brass instrument capital of North America. If you or anyone you know ever played a tuba, trumpet, trombone or horn it was almost certainly made at Vincent Bach in Elkhart. Generations of students and professionals alike have played these quality instruments. Big band leaders regularly stopped by to visit (and jam with) their colleagues at Vincent Bach. Eventually the predominantly musician board of directors was replaced by profiteers and bean counters and the company sold several times. In 2006 the company posted a $63 million profit. 


So it was quite a shock to the workers when the company came to the table demanding dramatic pay cuts, concessions, and the end of many work rules that made working at Vincent Bach a career instead of a job. Many of these workers are second and third generation employees. Many had decades of service to the company when the ultimatum was presented. The 230 member of UAW 394 voted to strike on April 1, 2006.

The company outsourced much of its production to China. They brought scabs into the plant. The strikers couldn't imagine how the company could afford to train scabs to make these instruments... but the Republican governor of Indiana appropriated almost $50,000 of tax dollars from the so-called "Skills Enhancement Fund" specifically to subsidize the training of the scabs, as part of a $1.1 million dollar package of taxpayer subsidies to this profitable union-busting corporate bad neighbor. The company engaged in multiple unfair labor practices, which the union filed charges on, but these take years to be adjudicated by the understaffed National Labor Relations Board.  


In the meantime, the workers walked the picket line, and took their story to the community and to other unions. As the strike dragged on, those who could find other jobs and/or relocate did so. The remaining 130 workers were consigned to subsisting on $200 a week strike benefits. They were mostly folks with 20 or more years of service at Vincent Bach. Employment prospects at their age were slim to none. They hung tough, confident that the Labor Board would side with them and they would get their jobs back. Their options were limited by a number of factors. Unemployment in Elkhart is among the highest in the nation. There were no other jobs, and with real estate values tanking, moving wasn't a good option either. 


On November 7, 2007 the scabs (no doubt at the company's behest) called for an election to decertify the United Auto Workers union. On Thursday, July 30th, 2009 an understaffed NLRB panel decertified the union, ending the strike. Part of the reason the union lost the election is because desperate strikers who liquidated their 401 (k) plans to survive during the strike were ruled inelegible to vote in the election! After 40 months of faithfully staffing the picket line, the loyal 130 workers of Vincent Bach/Conn Selmer have no union, no jobs, no benefits, and no recourse. That is just wrong.


$63 million dollars should have been enough profit for Vincent Bach. I believe that if Vincent Bach were locally owned, it undoubtedly would have been enough profit. Vincent Bach's profits didn't stay in Elkhart, or Indiana, and probably not even in the United States. The people making money from the work done in Elkhart don't give a rat's ass about Elkhart, Indiana - they don't give a rat's ass about anyone but themselves. We need to regulate corporate acqusitions more closely to stop this "race to the bottom." 




The Vincent Bach plant is still operating, but the jobs there are no longer living wage jobs. Over 100 good workers left Elkhart during the strike... stranding elders, depleting the tax base, driving down property values as they sold quickly to relocate. The overburdened taxpayers of Elkhart will face more cuts to social services, more deterioration of the infrastructure, increased demand for social services. And Vincent Bach pays absolutely nothing in reparations for the damage they have done to this community. This kind of tragedy has been played out countless thousands of times in the United States. I've been an eyewitness to a lot of it. It's got to stop.



This Labor Day, we must commit ourselves to standing up for good, living wage jobs in this country, and around the world. We must rein in these greedy multinational corporations that ruthlessly shift capital around the globe (often with taxpayer subsidies), pillaging the planet and exploiting the poorest, weakest and most desperate among us. We can, and must, do better. Our parents and grandparents missed meals, risked (and sometimes sacrificed) their lives to bring us an 8 hour day, vacations, paid sick days, pensions, seniority, safety regulations, grievance procedures and the right to organize. These past few decades we have been spendthrift children - squandering this sacred inheritance in the name of "cooperation," "flexibility" and "teamwork." We must do better. This legacy, and what we can add to it, belongs to future generations.


(This Labor Day message is gratefully offered in tribute to the sacrifices and devotion of the members of UAW 394 - especially Don Wagner, Deneen Siegler, Ron Czarnecki... and the workers of Boilermakers 484, AFSCME 3494, the Coalition of Immokalee Workers, United American Nurses, the Charleston Five, UE Republic Workers, UAW 174 at Hercules Drawn Steel, Local 459 OPEIU Nurses, AK Strikers, Delphi workers, Staley workers, Frontier Casino Strikers, and millions more who have struggled against this monstrous corporate greed.)


And a Labor Day salute to Kay Tillow, Jerry Tucker, David Newby, Shelley Kessler, Paul Bigman, Jeff Crosby, Turner Wright, Dave Johnson, John David, Rosemary Trump, Amy Newell, Ron Kaminkow, Barb Ingalls, Brian McWilliams, Angaza Laughinghouse, Karen Newman, Barbara Byrd, Dexter Arnold, Laura Griffin, Stan Swart, Mike Matejka, Amy Niehouse, David Elsila, Charlie McCollester, Rose Feurer, Nathanette Mayo, Judy Ancel, Robin Alexander, Henry Nicholas, Nick Molnar, Betsy Pernotto, Larry Daves, Ed Sadlowski (the elder and the younger!) and Julius Margolin (safe journey, dear comrade) for your tireless work for working people.

 

 

 

 

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Corporate Terrorism

by davidsk1946
Saturday Feb 14th, 2009 7:52 AM
A call for workers to unite, stand up and fight against against the forces of greedy, evil corporate behavior which is becoming commonplace in America today.

Being personally involved in a battle against a company that is engaged in inflicting pain, suffering, and misery on a workforce that has served them for most of their lives has opened my eyes in general, to what is taking place in this nation today.
Working for Steinway musical for over 40 years and being forced to the street, I and many other lifelong workers have found ourselves in a battle of nearly 3 years now in a labor action against that company,
one of the longest strikes in the nation.
Corporate policys of taking death benfits away from long retired workers, failure to pay their shares of Cobra benfits premiuns , stoping some workers pension benfits,denying workers access to 401k benfits unless they resign ,and not allow some workers votes to count in a union decertificaction process are just some tactics used by this company.
Steinway CEO Dana Messina and his partner chairman of the board Kyle Kirkland were coworkers with the famous junk bond king Michael Milken back in their days at Drexal Burnham Lambert before they destroyed that company.
Morally Bankrupt executives like these , that reign down their evil policies of hate and destruction in the name of excessive corporate profit are declaring war on the worker.
It is time for other strong willed workers to stand and fight against the forces of evil corporate behavior instead of cowering , taking the bone and being thankful for it by executives like Messina who throw it.


Davidsk


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Dear UAW President Ron Gettelfinger:                                                      August 11, 2009

 

The Rank and file of UAW 364 desperately needs your help in finding answers as to what happened in the decertification of our union and why our company will not communicate our current status of employment.

The UAW should allow four months of insurance and strike pay in order for members to adjust to abrupt closure of our local.  Members were made aware we had some time before the final ruling by the indications Robert Hicks (UAW Attorney) gave in the Elkhart Truth 1,  “Robert Hicks, the attorney representing Local 364, echoed union members who say that the board is not fully staffed and will not review the Vincent Bach strike until all the empty seats are filled”.   Since no union meetings were held it was impossible to ascertain when it would be necessary to make final doomsday arrangements: e.g.: sell house, apply for a full time job (UAW restricts employment to $200 or less) or leave area for work (UAW requirement to be active on strike line).

This decision to decertify was made without quorum by just two members of whom the DC court found in violation (in other cases). Currently this ability to render decisions is being considered in the Supreme Court possible allowing the new board members to review prior cases2.

International Representative Patricia Clark said in the Elkhart Truth3, “Several people wanted to know if the fight would go on… said it won't happen, we took it as far as we could go. We've appealed it and appealed it and appealed it”   However members feel UAW’s lack of expertise in strike preparedness obligates the UAW to carry our cause to its highest level not only for our sake but as a precedent.

The rank and file put their trust in you to guild them through out this strike. You should follow the advice of Professor Fick of Notre Dame Law4-Barbara Fick, associate professor of law at the University of Notre Dame, noted the union may be able to file an appeal with the Circuit Court in Washington, D.C. The UAW could contend the NLRB does not have the authority to issue rulings because only two of the five seats on the board are filled.

UAW has won 7 out of 7 decertification elections in the first three quarter of 2007, this election was in the fourth quarter and it seems UAW forgot what it learned the previous wins.

According to the Informational Officer Mr. Derrick of the NLRB the union could have used the “Excelsior list” of names and address provided by law from the company to invite replacement workers to a meeting for the purpose of persuading their vote.  Our union failed to do this.

Mr. Derrick suggested a strategy could have been, in following the federal law allowing all striking workers to vote in the first year, by holding a decertification election in the eleventh month.  Our union failed to do this.

Mr. Derrick acknowledged that although we could have not entered the plant, any employee not allowed to come to our union meeting due to ethical agreements signed, or being warned in company meeting not to talk would be a violation of the law and coercion in a decertification election.

According to the NLRB web site5: The NLRB may also consider factors such as any history of collective bargaining and the desires of the affected employees, how would the union know this if they did not follow Wikipedia 6; Individuals on both sides may campaign to sway the employees.

As the decertification election drew near, Conn Selmer hired up to 150 replacement workers, after the election the company is down to 70 crossovers and 30 replacement workers.  Therefore it would seem these were only temporary workers promised future employment by voting to decertify the union only to lose their jobs. Under the law we are entitled to our own jobs back.
However, if a strike is the result of employer unfair labor practices or only temporary replacements have been hired, the employer must reinstate strikers who unconditionally offer to return to work, even if reinstating them would displace the replacements7.

Why did we not see a copy of the petition to decertify after all it was from our members, perhaps information may not have been correct on the form such as: 11b (number of employees).

Why we’re we not asked if we wanted to engage in an economic strike (verses non-economic issues) since many of the issues involved contract language we could have avoided lose of our jobs if the UAW was candid and transparent in the decisions that affect our members.

If appropriate follow up in appealing this decertification, pursuing labor charges and providing an extended benefit program are not done, a list of violations in representation will be compiled and forwarded appropriately.  The UAW will be held accountable for Foster, seasoned legal labor attorneys, lack of publicity, boycotts, elections, silencing strike activity, enforcing the strike line, by-laws copies withheld and lack of written material etc…

In solidarity,

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Ronald Czarnecki
Elkhart, Indiana                                                                           

  1. The Mackinac Center for Public Policy http://www.mackinac.org/article.aspx?ID=2320
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