October

BMWE Legislative Directors were busy this month assisting the AFL-CIO in "Get Out The Vote" drives across the country. On October 5, the BMWE officially signed an implementing agreement relative to the Canadian National - Illinois Central proposed merger.

CN/IC Merger Implementing Agreement Signed

One evening during the Convention in July in Montreal, BMWE leaders met with the CEO of Canadian National, Paul Tellier, for a negotiating session. Pictured just prior to that meeting are, left to right, Ron Liberty, Don Griffin, Perry Geller, Tom Mulford, John Kruk, Rich McLean, Joel Myron, Ken Deptuck, Gary Housch, Ron Bowden, Rich Lau and Hayward Granier.

The BMWE, Canadian National Railway and the Illinois Central Corporation reached an agreement resolving all labor issues related to the proposed merger of the CN and IC which was formally signed on October 5, 1998.

Under the implementing agreement approved by the BMWE, all existing collective bargaining agreements in the U.S. on the merged properties will remain in place as an agreed-to condition of the merger. BMWE and CN have also agreed to good faith negotiations to deal with any other merger issues. This is in addition to the protections afforded to railroad workers affected by mergers.

"This is the first merger of Class 1 railroads that the BMWE ever actively supported," said President M. A. Fleming. "That fact is testimony to the merits of this implementing agreement and demonstrates that labor and management are able to cooperate and advance the interests of the industry and its employees in a mutually beneficial manner when the will and skill is there on both sides of the table. I want to express my appreciation to CN/IC -- and in particular to chief negotiator James Harrell from the IC -- for stepping forward and negotiating a fair agreement that truly protects the interest of BMWE members while CN and IC merge their operations."

CN CEO Paul M. Tellier said, "This implementing agreement is the first one signed by CN/IC and its labor organizations in the United States. I am delighted with the speed at which the mutually beneficial agreement was signed and thank the BMWE for deciding to actively support the merger transaction which is about greater rail competition and increased customer reach. It will avoid network restructuring, line abandonments and reductions in service."

IC CEO John D. McPherson added, "The implementing agreement with the BMWE shows that CN/IC is serious about addressing labor issues in the proposed transaction and reaching a settlement that is in the interests of both management and labor."

The CN/IC transaction is an end-to-end merger, with the two carriers meeting in Chicago.

Canadian National serves all of Canada and the U.S. Midwest, including the ports of Vancouver, Montreal and Halifax, and the key cities of Toronto, Chicago, Detroit and Buffalo, with connections to all points in North America.

Illinois Central's rail network consists of approximately 3,370 miles of track running north-south between Chicago and the Gulf of Mexico and east-west between Chicago and Nebraska and Iowa.

The final decision is scheduled to come about 10 months after the application filing date of July 27, 1998.

Amy Louise Henrietta Reichert

In the August/September 1998 issue of the JOURNAL we printed a letter asking for support for Amy Reichert and her family as they battled her leukemia and related illnesses. Now we are greatly saddened to have to report that Amy Reichert died at 11:30 a.m. on Thursday, October 15, 1998, at St. Louis Children's Hospital. Services were conducted on October 20 at Upland Evangelical Mennonite Church, with her uncle, the Rev. Clarence Baker, officiating. Burial was in the I.O.O.F. Cemetery, Dunkirk.

Amy's father Gary is a 22-year member of the BMWE and is a crane operator on the railroad in Ft. Wayne, Indiana. Her mother Bev was a BMWE member for 16 years while she worked as a cook on a tie gang.

Amy was born on April 19, 1981, in Marion, Indiana. She was a senior at Eastbrook High School where she was active in basketball, volleyball, softball and track.

She was a member of the Fellowship of Christian Athletes, the Spanish Club, the National Honor Society, the Student Council and was a recipient of an Academic Excellence Award.

Amy was also a member of the Kingsley Full Gospel Church of Dunkirk and the youth group of the Upland Evangelical Mennonite Church. Her memberships also included the Contest Riders Association and the Blackford County 4-H Horse and Pony Club.

In addition to all these activities, Amy volunteered at the University Nursing Center, Upland.

Survivors in addition to her parents include two sisters, Christy Ann and Kory, her maternal grandmother Ollie Reid and many aunts, uncles and cousins.

Memorials may be made to the Amy Reichert Memorial Fund in care of Pacesetter Bank, P. O. Box 476, Upland, Indiana 46989.

Michael Joseph Corcoran

By Gary Mang

In an industry that has always been dangerous, even with improving safety precautions, no one is immune to accidents. On October 11 we lost a BMWE member who had given the union a positive reflection. Michael Joseph Corcoran was fatally injured when he was struck by a commuter train near Kenosha, Illinois while on duty as track foreman of a surfacing gang.

Forty-four year old Michael loved the railroad and it showed in the quality of his work and his surroundings. He spent the last 23 years of his life working for the Chicago & North Western and then the Union Pacific after the merger. He put 100 percent into his job and all the supervisors wanted him on their gang. As a foreman, many laborers followed him from territory to territory to stay with their mentor.

Michael never waited for someone to ask for help. He knew what needed to be done and did it. He set a shining example for the rest of us. He would not want anyone to quit the railroad because of his accident, but for everyone to give their own 100 percent because every team member is equally important to make things work. He has taught us all something about railroading that will be passed down for generations.

When we brought the "For the Children" handcart races to Chicago, Mike was one of the first to participate, volunteering his time to ensure the events' success. On Thursday, November 6, "For the Children" presented a check for $19,000 to the Children's Memorial Hospital of Chicago. This money was raised by members of BMWE at the 1998 Railroad Handcar Races last August and will be used to purchase a transport unit for babies with underdeveloped lungs.

The check was given in memory of Michael J. Corcoran. His wife Mary and daughter Carrie, age 20, were both there for the presentation. He also left behind a son Brad, age 18.

The Corcoran Family would like to acknowledge with gratitude the outpouring of sympathy from BMWE members. The many cards, donations, and prayer arrangements meant a great deal to us and have helped us to get through this difficult time. We are very blessed to have so much support from you all.

November

November 3 Elections

Wha' Happin'?

Only in the convoluted world of Washington is a loss a win and a win a loss. In the House, Republicans still maintain the majority-- 233 to 212-- but by six less seats. In the Senate, the faces changed, the numbers didn't. Republicans still hold a 55 to 45 seat majority. Looks like a Democratic loss to me--or at best break even. That doesn't win big in poker, so how come 1998 is considered a big Democratic victory? History and Puffery.

History

Since political parties were formed, the party in control of the White House almost always loses Congressional seats in a year, like 1998, when the President is not up for election. Not since 1934, in the midst of the Great Depression, has the President's party not lost Congressional seats in a non-Presidential election year. Not since 1822, when Whig John Quincey Adams was President, has the President's party picked up more than six seats in an off-year cycle.

Washington pundits and odds-makers expected Democratic losses in both houses. When the anticipated losses failed to materialize, these same pundits and odds-makers declared a Democratic victory. Equally important, as in football, momentum for the moment appears to have shifted to the Democrats.

In Washington, not to lose is to win.

Puffery

The spouting of Republican House Speaker Gingrich and Senate Majority Leader Lott set the stage for the Democratic "victory." Each was responsible for Republican campaign strategy in his house. Each confidently predicted at least a 10 percent increase in Republican seats in his house-- 5+ Senators, 40+ Representatives--as late as election night. When voters pricked their rosy balloon, showing how out of touch with the electorate Washington Republican leadership was, each lost face, status, and power, Gingrich to the point of losing his Speaker's position.

Having puffed up a balloon to unrealistic size, Washington Republican leadership was bowled over by the escaping gas, shifting power and momentum to Democrats.

Why? Internally divided among extreme social conservatives, economic libertarians, and opportunists, Republicans were unable to accomplish anything of substance in the 1996-98 "Do Nothing" Congress. Hence they had nothing to show voters for two years of "work."

Whether by default or design, Republican strategy fell to promoting partisan perversion of a political/judicial process--impeachment--to distract attention from their lack of accomplishment. Voters disagreed, sending the message, "Shut up and get back to work." Indeed, where Democrats, such as Jay Inslee in Washington state, asked voters "Do you want two more years of 'investigation' or two years of work?" they won by unexpectedly high margins.

Who done it? Labor didn't do it alone but we helped big time. Twenty-one percent of voters in 1998 came from union households, up from 14 percent in 1994, the last off-year election. In addition to endorsing and helping finance candidates, the AFL-CIO nationally put field workers on targeted district and state races to get out the union vote for pro-labor candidates. Individual unions made similar efforts. BMWE activated State Legislative Directors for full-time work in California, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, New Jersey, Pennsylvania, Texas, and Utah.

Not unlike 1958 when labor defeated a nationwide right-to-work for less campaign orchestrated by Repressive Organized Business (ROB) and its Republican hirelings, in 1998 labor also killed ROB's effort to emasculate workers with "Paycheck Deception" legislation in Washington state and California.

We broke even (e.g. won) in Congress. We beat ROB on Paycheck Deception. Union voter turnout is up. Union member political understanding and involvement is up. All in all, not a bad year.

What's it mean? Bad news and good news.

House of Representatives

Bad News: Republicans still control the House. That means Republicans appoint committee chairs and elect the Speaker of the House and House leadership. Remember, committees are where the real work gets done, CNN notwithstanding. Committee chairs control the agenda and can prevent bills BMWE wants from being heard or passed. (Six more seats changing parties would have made Democratic Farmer-Laborite Jim Oberstar chair of the vital Transportation and Infrastructure Committee, greatly facilitating BMWE's ability to move a pro-worker agenda.) Similarly, House Republican leadership can impede bills BMWE supports from reaching the House floor.

Good News: With an even slimmer majority than 1996-98, Republicans can impose little party discipline. Most of the 20 to 50 House Republicans who frequently voted with BMWE in 1996-98 were re-elected. Presumably they will again support reasonable legislation we propose, much of which they supported in the past, and can be persuaded to oppose legislation which would hurt you. A slimmer Republican majority means fewer Republicans BMWE needs to convince to achieve its goals.

Moreover, the new Speaker of the House, Bob Livingston, appears to be a practical deal-maker in the old Southern pork-barrel mode, rather than a combative ideologue like Newt Gingrich was. Hopefully he can be persuaded to let some BMWE-supported legislation reach the House floor.

Reality: Stalemate. As in 1996-98, rail management controls the committee chairs who control the agenda. BMWE and responsible rail labor can block legislation seriously harmful to you. Only bills which are negotiated and supported by both sides have a reasonable chance of passage.

With STB reauthorization and re-regulation, the mix changes. Another powerful lobby--rail shippers--competes with rail management for Republican allegiance and may be able to move bills without management's consent.

Senate

Bad News: Republicans still have the majority and appoint committee chairs who control the agenda. Like the House, the Senate will not voluntarily move pro-worker legislation. Unlike the house, perhaps because of the wider Republican majority, Republican Senators are less easy to persuade to vote with BMWE in Committee.

Good News: The faces changed but the numbers stayed the same, 55-45. Majority Leader Trent Lott lost face and clout when he did not achieve a filibuster proof majority of 60 Republican seats. This means that a verbose, labor friendly Senator like Paul Wellstone can threaten to filibuster a bill BMWE opposes once it reaches the Senate floor (in the Senate, unlike the House, a Senator can literally talk about a bill until 41 other Senators vote to tell him to shut up, called a cloture vote). Wellstone, Minority Leader Daschle of South Dakota, and Ted Kennedy of Massachusetts, among others, are excellent strategists and properly informed by you, their constituents, will protect your job, your paycheck, and your family.

Reality: Same-ol', same-ol'. The numbers are the same and no major players in committees vital to BMWE changed. The functional stalemate--management controls the agenda, responsible rail labor threatens filibuster--which persisted through the "Do Nothing" Congress of 1996-98 will probably continue. Only legislation tolerable to both sides, responsible rail labor and rail management, is likely to emerge from Senate Committees.

Except STB. Reauthorization and board appointments (which the Senate is supposed to approve) cannot be delayed much longer, giving each of the interested parties--rail management, shippers and rail labor--a chance to change the law. Like the House, an aggressive, organized, well financed rail shipper coalition with strong Republican ties is a wild card. The shippers' financial interest is opposed to that of management, but shippers' tales and arguments engender more public sympathy--and legislative ears. Some agriculture and coal state Senators from both parties support the shippers. Shippers have a realistic shot at partially re-regulating the rail industry, at least with respect to routes and freight rates.

- Karl P. Knutsen

Scenes from the Labor Party 1st Constitutional Convention November 13 - 15, 1998

photos by Cheryl and Leroy Paulson

With the theme "the bosses have two parties; we're building one of our own," 1414 enthusiastic delegates from 338 delegations met in the first Constitutional Convention of the Labor Party in Pittsburgh November 13-15, 1998, against a pictorial backdrop of workers' struggles. Pittsburgh--center of the first national rail strike in 1877, the Homestead Strike, and the founding of the Congress of Industrial Organizations in 1913--was a fitting place for a gathering dedicated to building political power for working people.

In July 1998, the 43rd Regular Convention reaffirmed BMWE's commitment to building a Labor Party in the U.S. Grand Lodge Secretary-Treasurer Bill LaRue led a delegation of over 30 BMWE members from throughout the U.S. representing affiliated lodges as well as the International.

Though billed as the First Constitutional Convention, debate over proposed constitutional changes was surprisingly quiet. A provisional constitution had been adopted at the founding convention in June 1996. The provisional constitution was reaffirmed with only minor changes in the relative voting strength of component groups.

The major constitutional--and structural--change was the decision to recruit and run Labor Party candidates, rather than endorse and support another party's candidates. This change converts the Labor Party from a political advocacy group to a true political party for working people, a rival of the Democratic, Republican, Reform parties.

Hereafter the Labor Party will steer a separate course from any established party, building a base and running its own candidates. It will no longer endorse candidates of other parties. Candidate selection is to be done by local party units, subject to approval by the national Labor Party office.

The bulk of the convention consisted of inspirational speeches punctuated by vigorous Party policy statements. Despite extensive polemics, resolutions committee recommendations were generally accepted with only minor amendments. BMWE was represented by Mark Barbour on the Organizing/Resolutions committee.

Supplementing a platform that demands universal health care, a U.S. Constitutional Amendment guaranteeing jobs for all, mandatory minimum pensions, and a 32-hour/4-day work week, the convention passed resolutions on Labor Party style of work, faster organizing, youth involvement, increased membership, preservation of social security, and fair trade.

Much of the debate centered on the role of chapters versus unions and locals, "bottom up" decision-making and the threat of new right-wing parties such as the "Cool Moose" in Rhode Island.

The convention assembled to the sound of the preamble to the Labor Party Platform sung by the Pittsburgh Labor Solidarity chorus, followed by the pledge of allegiance to the U.S. flag. The convention was later entertained by the Politically Correct Women's Troupe from Washington, D.C.

George Becker, President of United Steelworkers of America (USWA) welcomed the convention to "our [union] town." Calling NAFTA the greatest betrayal of worker interest in his lifetime, the silver haired Becker cited numerous federal predictions and promises which failed to materialize, emphasizing U.S. job losses, employer threats to move as a bargaining tactic, and conditions in the Mexican malquedoras. Referring to current politicians as mere "waterboys" for industrialists and bankers, he reported that USWA is challenging NAFTA in court, contending that as a treaty, it was not properly approved by the U.S. Senate.

Cecil Roberts, President of the United Mine Workers of America (UMWA), noted that 80 percent of U.S. workers make less today in real wages than they did in 1980, that 42 million have no health care and 40 million are in poverty. He stated that Bill Gates--who has more money than 106 million (40%) of Americans combined--once laid off 5,000 employees for 30 days to avoid paying health care. Roberts said organizing on the job and in politics is the only way to equity for workers and called for repeal of the Taft-Hartly Act of 1947, particularly Section 14b which cripples unions. Invoking the legendary John L. Lewis, Roberts called for direct action by each worker, saying "Moses didn't send no e-mail. Moses didn't send no letter. He went to see Pharaoh!"

The first Karen Silkwood Award was presented to Kate Bronfenbrenner of Cornell University. An Oil, Chemical, and Atomic Workers (OCAW) union member working for Kerr-McGee, Silkwood was killed (presumably murdered) while delivering evidence of her employer's falsification of atomic safety reports to OCAW and the press. The Karen Silkwood Award is a tribute to her fortitude and solidarity.

Commissioned by the U.S. Department of Labor, Bronfenbrenner documented U.S. employers practice of threatening to "move to Mexico" to intimidate workers and destroy their bargaining power. The Clinton Administration gutted the official version of her report but she made the whole report public. After exposing massive labor law violations by Beverly Enterprises, a nursing home operator, she was sued personally for defamation. In discovery, Beverly demanded records of 10 years of confidential research, including names and statements of any complaining employees. The suit was dismissed--at no small cost to Bronfenbrenner. As the first prominent victim of the new corporate intimidation tactic--personal suit for union activity--she was chosen to receive the Labor Party's first Silkwood Award.

In Solidarity Hour the convention honored several striking or locked out groups of workers. Honorees were chosen for the duration of the strike and the reprehensible behavior of their employers. Among others, Detroit Newspaper workers; Pueblo, Colorado Steelworkers (CFI/USWA); Crown Phillips Petroleum workers in Texas; Decker Coal miners (UMWA) in Illinois; dockworkers (ILWU) in San Francisco; Mount Olive workers in North Carolina; and the Nabisco workers in Pittsburgh were honored.

Passing the hat, the convention collected nearly $18,000 to be shared among the recognized workers groups. The California Nurses Association announced its intent to immediately withdraw all deposits--over $1,000,000--from Wells Fargo Bank, the financial backer of CFI, the Pueblo strikebreaker.

The highlight of the convention came with the presentation by Labor Party member and film-maker Michael Moore, best known for the classic movie Roger and Me about Moore's efforts to find and interview the CEO of General Motors concerning layoffs in Flint, Michigan. Moore, the spark behind the worker oriented television series TV Nation , left his current filming project in New York to address the convention.

"The Labor Party is not a third party," Moore proclaimed. "The Labor Party is a second party. Today Democrats and Republicans are just two faces of a single bosses' party. The Labor Party is the second party--a party for people who work for a living!"

Assailing Democrats and Republicans as "Tweedledumb and Tweedledumber" Moore pointed out that Democrat Clinton broughtus NAFTA, something Republicans Reagan and Bush could not do. Saying HMO means "Hand your Money Over," he contended the current health care system doesn't give a "rat's ass" for patients, only corporate profits.

Pointing to the upset victory of Jesse Ventura in the Minnesota governor's race as an example of what a new party could do with the right candidate and the right message, "Ventura sounded like a person, not filled with BS rhetoric" said Moore, citing polls showing 89 percent of young men voted for Ventura.

Moore cautioned that debate in the convention hall had little value unless the delegates were willing to do the hard, gritty work of recruiting credible candidates to run on the Labor Party ticket and operating effective campaigns to elect these candidates.

Referring to Ken Starr's $40+ million pursuit of Bill Clinton as an overpriced "witch hunt," Moore argued that a real "witch hunt" could have been conducted much more cheaply -- $569 according to his figures. He then unveiled his newest parody, "Mike's Portable Witch Hunt," based on the famous colonial era Salem, Massachusetts, witch trials.

After admonishing the crowd to work hard but see the humor in everything, Moore concluded by donating the first royalty check--$10,000--from his new book Downsize This to the Labor Party Education Committee. His presentation and speech drew a spontaneous standing ovation.

Ralph Nader, whistle blower and 1994 presidential candidate agreed Democrats and Republicans are "one corporate party with two heads each wearing different makeup." He contended "the hollowness of the two party system is your [Labor Party's] ticket to opportunity." He noted the successes of the Green party, attracting nearly 20% of the vote in some districts. Citing Minnesota where Ventura rose from 10% in polls to 37% of the vote in two months, he contended Labor Party victories were possible. He said Ventura's victory, largely taxpayer financed, also points up the value of public funding of political campaigns.

But, he cautioned, political victory takes work. He believes there is no point in going for 1 or 2 percent of the vote. "The only place where democracy comes before work is in the dictionary." To succeed he suggested a million member party would need each member to contribute at least $25 and 100-150 hours of time each year.

After Nader's speech on the third day, the First Constitutional Convention reached proposed constitutional amendments. The Constitution Committee, on which BMWE was represented by Grand Lodge Organizer Paul Swanson, considered 11 proposed constitutional changes. Eight were rejected by the Constitution Committee or referred to the Resolutions Committee. The remaining three, concerning youth involvement, minor voting and structural changes, and endorsement of candidates were approved by the convention with minimum debate. None of the few floor amendments proposed had significant support and none passed.

The convention scheduled the next constitutional convention for the spring of 2002. After rising to sing "Solidarity Forever" in unison, the convention adjourned.

- Karl P. Knutsen