International Brotherhood of Electrical Workers (IBEW)

IBEW Press Release - IBEW.org, July 9, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s. The author is also not affiliated with Railroad Workers United. This article is reposted in accordance with Fair Use guidelines.

J.J. Giuliano has been local chairman of the Selkirk unit of Albany, N.Y., Local 770 since 2003. Keeping his members safe is Giuliano’s top priority, and along with the leaders of the other trades at Selkirk, he sat on the shop’s safety committee.

“For 10 years we made recommendations to management and for 10 years not one of them was funded by the company,” Giuliano said. “I stayed on because I wanted to look out for my guys. But at a certain point we were letting the company get away with avoiding solving safety problems.”

In September 2013, Giuliano was done with the charade. He sent a letter to the plant superintendent telling him that he was quitting the committee. He listed 21 safety violations that threatened the health of IBEW members, public safety or both that had repeatedly been brought to the company’s attention and never fixed. They included everything from managers green-lighting locomotives for use without testing safety equipment to requiring workers to repair trains covered in pigeon feces but refusing to provide, or even allow the use of, protective clothing.

“When local management decides to act as though safety is a priority, this organization will re-evaluate its position in this matter,” he wrote. “Until that time, should it ever come, our concerns will be brought elsewhere.”

Giuliano handed over the letter Friday and posted a copy of it to the local’s glass-enclosed bulletin board. Two and half hours into his next workday, Giuliano was cited for violating safety rules and was later suspended for five days.

“It’s typical. Instead of fixing a problem, they attack the person who points it out,” Giuliano said.

Up until 2008 that would have been the end of the story. As a 2007 congressional hearing found, punishing workers instead of fixing safety hazards has been standard in the rail industry since the days of the robber barons more than a century ago. It was nearly that long ago that President Theodore Roosevelt signed many of the laws still regulating the rail industry.

As Social Security, workers’ compensation insurance, Occupational Safety and Health Administration oversight and whistleblower protections were made standard for most working people, rail workers were left outside looking in.

The first safety protections for rail workers weren’t even enacted until the Federal Rail Safety Act of 1970, said Larry Mann, an attorney and noted rail safety expert. But Mann says the scope of the law was extremely limited and enforcement by the Federal Rail Administration, which has historically been run and staffed by former rail company managers, was lax at best.

But in 2007, the late congressman from Minnesota, James L. Oberstar, inserted a few paragraphs into the massive bill implementing the recommendations of the 9/11 commission. Section 100 of 106, in part written by Mann, dramatically expanded the rights and protections of rail workers. Oberstar later said that the goal of the law was a complete overhaul of a safety culture” preoccupied with blame, with fault and with individuals.”

The law protected rail workers from retaliation for reporting safety hazards and injuries (see sidebar for full list of protections and prohibited retaliations) that echo whistleblower protections for aviation, nuclear, pipeline and financial industry workers.

The penalties for doing so were purposefully harsh. Workers were to “be made whole” meaning if they lost their job, had their credit rating ruined and lost their house, the company would have to reinstate the worker, pay to fix their credit rating and recover the house or pay for its loss if it was found guilty. All that in addition to back wages, attorney’s fees and punitive damages.

“We snuck it in,” Larry Mann. “The companies didn’t see it coming, thank God.”

It wasn’t just the companies who were surprised. Charles Goetsch, one of 14 attorneys designated by the IBEW to represent injured railworkers. (Find the full list here). He found out about it only after it passed.

“I thought ‘I’ve been waiting for this law for 30 years,’” Goetsch said. “It was huge transfer of power to the workers and they didn’t have to negotiate away a thing to get it.”

By Tim Redmond - San Francisco Bay Guardian, September 11, 2012

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s. This article is published in accordance with "Fair Use" guidelines

The union that represents PG&E workers -- and has opposed every single public-power initiative in modern San Francisco history -- just launched an attack on Clean Power SF. And the union's business representative is having a hard time explaining exactly why he's working with PG&E to try to undermine this modest step toward public power.

Hunter Stern, with IBEW Local 1245, sent a press release out Sept. 11 announcing the start of a campaign to convince the supervisors not to approve the Clean Power SF plan. The line of attack: Shell Energy, which got the contract to supply sustainable energy to customers in the city, in competition with PG&E. The pitch:

San Francisco city government is considering a proposal to partner with Shell Energy of North America to inaugurate SF’s so-called “clean power” program. If the Board of Supervisors approves the proposal, San Francisco would pay millions to Shell, one of the most notorious environmental violators in business today.

Shell's a pretty bad company. So is PG&E. So is just about everyone in the energy business. Not justifying Shell's behavior, just noting: If you want a contractor to deliver electricty to San Francisco, you aren't going to get a cool independent small business. You aren't even going to get Google. These folks are evil, all of them.

Oh, and by the way: Shell Energy also sells power to PG&E (pdf). Stern's boss has a contract similar to what the city is going to get. So the PG&E power we all pay for today is in part Shell power. And as Sup. David Campos points out, it wasn't as if the city chose Shell over some better competitors: There was no other company out there anywhere in the world that responded to the city's bid process and offered to work with Clean Power SF.

The key point here is that Clean Power SF is going to use Shell as a bridge -- the private outfit will deliver power generated at renewable facililities to the city's power operation, which will resell it to customers ... for a while. The goal is to use the revenue stream from the sales of power to back bonds that will allow the city to build its own renewable energy system. Five, maybe ten years down the road, San Francisco will have solar generators on city property (including large swaths of Public Utilities Commission property in the East Bay), wind generators, maybe at some point tidal generators, and will be able to sell cheap, clean, local power to customers. Shell will be gone.