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A Draft Bill of Rights for Building Trades Unionists
AUD drafted this Bill of
Rights for discussion at the AUD
National Conference on Union Democracy in the Building Trades, November
8th and 9th, 2002, in Brooklyn, New York. We encourage construction
unionists to circulate and post this document for discussion and debate,
and to forward responses to us at billofrights@uniondemocracy.org.
It is our hope that construction unionists will embrace and promote these
principles in their unions.
(Last updated: 1/3/03; contact AUD for 11 x 17 inch poster version.)
1. No more "right
to reject."
Most construction contracts give employers the right to reject any applicants
for employment without explanation or justification, even when they are
dispatched from the halls of unions with exclusive employment rights.
The so-called "right to reject" leaves employers free to take
action against union activists, to blacklist union stewards, and to discriminate
against any worker who files a grievance to enforce the terms of a union
contract.
We call upon our unions to take action to abolish the right to reject.
Unions should insist that employers show good cause before rejecting an
applicant, that they be required to explain and justify any such rejection,
and that procedures be established for enforcing the new rule.
2. A fair hiring system.
Construction unionists should have the right to work safely, in dignity,
and with a high standard of living. In too many cases, arrogant officials
use their control over job referrals to build a political machine and
guarantee their reelection by handing out the best jobs to their cronies
and discriminating against independent-minded members who insist on their
rights. Union members who are women or workers of color are doubly victims
of such favoritism in hiring.
We insist upon the implementation of a fair hiring system which distributes
job opportunities for all dues-paying members without fear or favor.
3. Strong job stewards
and a grievance procedure which protects workers from retaliation.
Once employers lose the right to reject, union stewards can be protected
against retaliation and will be free to fulfill their responsibility to
enforce the union contract. It will be possible to implement an effective
grievance procedure to protect workers' rights to safe and decent working
conditions. Meanwhile all unionists should be informed of their rights
under existing grievance procedures. Where unionists are discriminated
against by employers for insisting on their rights, the union should seek
every avenue of recourse, including a demand that the NLRB fulfill its
obligations to protect union workers' rights to fair employment.
4. Direct elections:
one member one vote.
The top officers of construction unions, like the officers of other
unions, tend to lose touch with their membership and forget that their
first loyalty is to those whose dues pay their salaries. To remind them
of this basic principle of unionism, we propose that top international
and regional officers be elected by direct vote of the membership under
a system which provides for: 1. Supervision by an impartial outside agency
independent of the union power structure, 2. Reasonable requirements for
running for office, and 3. Provisions for the discussion of candidates
and issues at union expense. Meanwhile, as a step forward, where top officers
are elected by vote of delegates at conventions we propose that delegates
vote by secret ballot to free them of pressure and intimidation by the
incumbents in power.
5. Right to vote on contracts.
We demand an end to the system by which collective bargaining contracts
are imposed on members without their review. We endorse the right of members
to vote for or against proposed contracts. Before any such vote, we propose
1. That the full and accurate terms of any contract be reported to the
membership far enough in advance of the vote to permit intelligent review,
and 2. That provisions be made for democratic discussion of the contract
provisions.
6. Let our members know!
We demand automatic distribution to all members of copies of the collective
bargaining contract and union constitutions and bylaws. Our unions must
comply with Section 105 of the LMRDA which requires unions to inform members
of their democratic rights under Federal law, a summary of these rights
to be posted permanently on the union's website, distributed to all new
members, and appended as information to the international constitution.
7. Equal treatment for
all members.
Establish a system and a schedule of meetings which allows all members
to attend and to vote, taking into account that members may live and work
in geographically scattered localities. The power of labor depends upon
strengthening the solidarity of union members. Therefore it is essential
to ameliorate the tension between travelers and all other members. Because
of the transient nature of our work, construction workers are denied the
kind of seniority rights that provide security for unionized workers in
production. It is imperative that hiring systems be adopted which assure
local members the greatest possibility of secure and steady work.
At the same time, when work is slow in their own locality, union members must be protected in their right to seek jobs where the demand for labor is high. Travelers should receive full protection of their rights under the contract as all others. After living and working for an extended period in their new locality, they should be eligible for membership with full rights in the local under whose jurisdiction they have been working.
8. Strengthen the right
to run for office.
Meeting attendance rules and long-term continuous good-standing rules
simply restrict the right to run for office to a tiny entrenched clique.
A longtime union member can be disqualified even if she or he inadvertently
and temporarily falls in arrears months before an election. End all such
rules and extend the right to run for office to all members in current
good standing who have been union members for some reasonable period,
like six months or one year.
9. Freedom from corruption.
Let all elected local trustees do their job with full access to the
union books. Provide members with full and accurate reports on union finances.
To assure honest elections and referendums, let voting procedures be supervised
by a reliable outside agency wherever there is even the remotest possibility
of fraud.
Please post this notice
widely. (Copies available upon request.)
The Association for Union Democracy presents this Bill of Rights for discussion
and debate by construction unionists. This Bill of Rights offers more
than principles to endorse. It can serve as a guide to action on those
issues which are directly relevant in your union. We welcome feedback:
info@uniondemocracy.org; 718-564-1114 , www.uniondemocracy.org.
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