Enlisting labor union participation to insure expanded employment options.
Claude WhiteheadRecent successes of people with disabilities in accessing the integrated labor market have been unprecedented, but the continuation of that momentum depends, in a large part, upon expanding the scope of job opportunities. This article targets an area frequently ignored by employment professionals-jobs covered by union contracts. Gaining access to these jobs represents a challenging opportunity to expand and improve employment choices and options for people with disabilities, particularly for those in states with substantial labor union membership.
The development of a national plan to enlist the involvement and participation of labor unions was initiated in May 1989 through a Labor Strategies Project (Whitehead, 1990b) conducted by Employment Related Services Associates of Hudson, Florida (previously located in Washington, DC). The study was supported by a grant from the Ohio Developmental Disabilities Planning Council. The resulting plan has been presented in a comprehensive publication series, Labor Unions and Disability: Suggestions for expanding employment for persons with disabilities.
Project activities included interviews with union leaders at the international, national, state, and local levels; and a review of prior activities of unions, including model programs. An analysis of major issues and concerns of labor unions regarding participation in an employment initiative directed at people with disabilities seeking initial entry to the workforce as well as disabled former workers seeking to return to work was a major component of the study These areas were explored with labor leaders along with discussions of possible strategies for promoting union response at an expanded level.
The plan was developed with two targets in mind-labor unions and rehabilitation organizations - with the basic goals being the creation of understanding of the respective roles and functions of the two groups and promotion of understanding of the productive capacities of people with disabilities.
The publications produced include a definition of disability in functional, practical terms; identification of support resources, including funding; and a description of methods of accommodating disabled workers. The manuals and guidelines also describe union role and influence through collective barganing and cooperation with management (see box).
The labor union initiative takes on new importance with the passage of the Americans with Disabilities Act of 1990 (ADA). Implementation of ADA will require an effective partnership between employers, labor unions and rehabilitation organizations. Changes in public policy in the past decade (for example, Work Incentives of the Social Security Programs) also have added to the momentum of change and the importance of the employment initiative. To take advantage of the new opportunities, people involved in job development, training, placement, and advocacy must become familiar with the local unions and learn how to include the unions effectively in the job development and placement process.
Labor Union Importance
Labor unions have a tradition of representing the worker: fighting for their rights and for safe and healthy work environments and advocating good jobs, good pay and good benefits. Historically, that role included assisting workers (union members) who had become disabled and were seeking to return to work. That special role has expanded under recent policy changes to include helping people with disabilities make the initial entry to the job market. It is that newer involvement that is the focus of this discussion.
Labor union contracts cover an estimated 17-18 million workers employed in a variety of settings throughout the United States (AFLCIO, 1988). They represent a relatively untapped resource in developing employment for people with disabilities who have no prior employment experience. Department of Labor reports (1984, 1985) show that union workers average considerably better pay and better benefits than non-union workers. Equally important, the project studies showed that union contracts cover a wide range of skilled and semi-skilled jobs that are good targets for people with disabilities (Whitehead, 1990a). In many states, labor unions also have a joint role with employers in controlling access to apprenticeship programs, another area with a history of excluding people with disabilities but having important potential for career development on a higher scale.
Union commitment and participation in promoting and advocating jobs for people with disabilities is encouraged by adopted policy of the parent body, the American Federation of Labor-Congress of Industrial Organizations AFL-CIO) as stated in the AFLCIO brochure, Working Together: The key to jobs for workers with disabilities, published and distributed to unions nationwide in 1988 and 1989. The policy states, in part:
* It is the policy of the American Federation of Labor and Congress of Industrial Organizations that every practical means shall be used to ensure equal opportunity in employment of all qualified workers with mental and physical disabilities.
* The Federation strives to increase employment opportunities for people with disabilities through connective bargaining agreements and union-management cooperation.
* The AFL-CIO supports efforts to effectively carry out non-discrimination provisions m state and federal law and in programs for people with disabilities.
The study found the state and local commitment was less prevalent. Few state or local unions have special committees on disability or projects targeting workers with disabilities. State Governor's Councils on Employment of People with Disabilities seldom have active participation by labor representatives.
Interviews and consultations with union leaders at the local, state, and national/international level showed that, although AFL-CIO policy encourages action, creating union response is a major challenge. For example, local unions and their individual members will need to be persuaded that employment specialists have qualified candidates and can provide necessary support services. They also will have to be convinced of the benefits and value of their participation and they may require special incentives or reasons for participation in job development and accommodation. Financial incentives have been found effective in getting special programs established. Other incentives, such as increased public recognition, enhanced public image and the prospect of increased union membership, have proven to be of less influence.
The unions also need special guidance and assistance to reduce fears of the possible impact of hiring people with disabilities. It is important to understand that unions often have a protective nature with their members and are reluctant to look outside the membership.
Model Union Programs and Practices
Labor unions have demonstrated their commitment to expanding employment opportunities for workers with disabilities through special program initiatives and through a series of pilot demonstration projects, some operating as national networks and others operating in selected locations in states or communities. These programs and projects include the following:
* International Association of Machinists Center for Administering Rehabilitation and Employment Services (IAM CARES) operates job placement and training services programs in several locations, including Cleveland.
* AFL-CIO Human Resources Development Institute (HRDI) Handicapped Placement Program operates a network of services in five locations: Baltimore, Maryland; Houston, Texas; St. Louis, Missouri; St. Paul, Minnesota; and Helena, Montana. The program assists workers and candidates with disabilities to enter and return to the workforce; it also provides disability management, job search and contract language advice as part of the AFL-CIO employment and training program.
* American Federation of State, County, and Municipal Employees (AFSCME) carries out a series of disability-related activities at the international level; conducts an annual program to recognize and award affiliates with exemplary programs serving workers with disabilities; and publishes an annually updated comprehensive manual for AFSCME affiliates, Fighting for the Rights of Disabled Workers. In addition, AFSCME has established a standing Advisory Committee on Rights of the Disabled and has encouraged, by international resolution, local unions to establish disability advisory committees and to include training for union staff and officers in their programs.
* An Early Intervention Program, designed to provide services to newly disabled workers, is operated jointly by AFL-CIO HRDI and Columbia University Workplace Center and involves the participation of many international unions, including the International Brotherhood of Electrical Workers, the Service Employees International Union, the International Ladies' Garment Workers Union, United Food and Commercial Workers, United Brotherhood of Carpenters and joiners of America, United Steelworkers of America, Sheet Metal Workers International Association, International Union of Operating Engineers, and AFSCME.
Union-Management Cooperation
In contacting unions, it is important to note that, although unions do not hire, they do have significant influence in the hiring process; and the act of hiring is often a joint labor-management decision. Consequently, cooperation between union and management is vital to the effectiveness of job placement. The labor-management cooperation can be used productively in addressing action to ensure employment for people with disabilities. A series of cooperative actions to establish or adopt policies regarding hiring, promotions, transfers, training, job restructuring, work site modification, and other accommodations have been outlined in the labor publication series.
Suggested Practices
In working with and through labor union representatives, the following practices are encouraged:
* Emphasize that the worker candidate has been evaluated and screened and is job-ready; above all, assure that the candidate is qualified.
* Become familiar with union organizational structure: understand and observe protocol and policy as it relates to local action, including the Central Labor Council; but seek the highest possible endorsement of the employment development plan. Get to know the local union, understand procedures and provisions such as grievance and complaints. Become acquainted with the union business agent and the shop stewards as your key contacts for initial and continuing activities.
* Involve union representatives early in the process; inform them regarding plans for job placement and any special needs of the candidate. Inform the union regarding any special support to be provided to the worker candidate, particularly the role of the onsite job coach and other significant support people.
In addition to positive action, employment specialists should be careful not to seek accommodations or concessions which could be construed as threats to other union workers' wages, benefits or job duties. Special attention should be given to actions which could cause a protective or negative reaction. For example:
* Waivers of seniority or promotion/transfer rights should not be requested unless special justification can be provided or the waiver is the only choice. Seniority is a right for which union members have fought long and hard. Waivers for one special group could trigger requests from other special groups or otherwise create a complicated problem.
* Requesting establishment of new job classifications and / or new job qualifications should be avoided except when the candidate cannot otherwise qualify. Be aware or sensitive to implications of such change on union-management contracts, for example, wage rates and promotion provisions.
* Productivity assessments or work evaluations should not be conducted without consulting the appropriate union representative.
* The job coach may be perceived as an "intruder" at the work site and thus could cause conflict with union members and shop stewards. The training to be provided by the job coach should be clearly identified to avoid conflict if productive work is to be performed by the coach as part of an initial support. Make certain that the job coach role is understood (i.e., the coach trains and supports but does not do the job).
Barriers Likely to be Encountered
A general and widespread lack of understanding by labor leaders and union members of the services and support systems available for people with disabilities pervades the union system at the state and local levels.
Unions may be reluctant to aid in job development or placement because they perceive the employment initiative as one more affirmative action requirement in which workers who are either unqualified or marginally qualified are given preferential treatment in hiring.
Unions fear that the disability employment initiative may be a revival of the employment/labor environment experienced in the 1970's and early 1980's under the Comprehensive Employment and Training Act and WIN (Work Incentive Program); for example, short-term training support is provided, then termination of worker and replacement action is taken by management, thereby ending the employment.
The use of sub-minimum wage authority (Fair Labor Standards Act) to undermine wage structure of collective bargaining agreements is strongly resisted by labor unions. They have advocated a "living wage" for all workers for a long time. The worker with productivity limitations represents a dilemma for all concerned.
Employer practice in subcontracting (out-sourcing) work is sometimes seen as an effort to avoid new hiring of union members or layoff elimination. Sheltered workshops have become involved in such action in some locations but often have failed to explain the arrangement or provide justification to unions.
Restructuring a job in "highly structured" category and/or creating new job classifications is sometimes seen as action which could result in opening the door to employer-union renegotiation in which other contract provisions are subject to a re-bargaining effort.
Union Membership
Workers should be encouraged and expected to join the union at the appropriate stage in the training and employment process, usually when training is completed. The employment specialist, counselor or job coach should become familiar with membership benefits and costs and explain these to the worker. Only in the case of the worker getting wages below the union rate and the federal minimum hourly rate should waivers of initiation fees and dues be requested.
Access to Apprenticeships and Other Training
The apprenticeship programs offer opportunities for people with disabilities to get jobs at higher skill levels and better pay; however, due to entry requirements and lack of knowledge of apprenticeship availability, these training opportunities often do not materialize. Unions in Ohio and other states have a joint responsibility with employers in establishing and coordinating apprenticeship programs. Employment specialists should become informed of the availability of such training and should work with unions and management to make the programs accessible for people with disabilities.
The Union Functions
A basic understanding of the labor union structure and function is essential to working effectively with unions. The Manual provides an extensive overview of the union structure and function. Within the local union, there typically are three people of major importance in relationship to individual members (and employers). Each has a role in influencing the employment of people with disabilities.
Shop Steward. The first level union person is the shop steward. The shop steward can be either elected by co-workers in a particular work setting or appointed by the officers of a local. The shop steward is usually the first line in the grievance procedure and contract enforcement, operating opposite the foreman in negotiating difficulties on the job.
Business Agent. In the hierarchy of union activity, the person above the shop steward in any particular work setting is known by one of a variety of names, most often "business agent," chapter chairman," or "union representative." He or she is usually a paid employee of the union, covers many worksites and is responsible for the second level of grievance procedure handling and contract enforcement.
Elected Representative. This person, although not always paid, actually manages the local union politically and in relation to the international.
Union Roles and Relationships
Knowledge of the union organizational structure has special importance in working at the local level. In order of importance, the union functions in relationship to management are as follows:
* Policy is mostly determined by the local elected union officer and plant management.
* General recruitment and introduction to the job is the responsibility of the union business agent and personnel management director.
* Maintenance on the job and the marshalling of the supportive system is handled by the shop steward and foreman.
Conclusions and Recommendations
The study found that labor unions can become important partners with rehabilitation agencies (and employers) in promoting employment. This partnership could be expanded as a result of the passage of the Americans with Disabilities Act (ADA). Cooperative action is needed, with labor-management and labor-rehabilitation-employers working together to locate appropriate jobs, develop training programs, plan accommodation and access, and ensure ongoing support at the work site.
Individual union members must be cultivated as co-workers, mentors, and aides to workers with disabilities. They also can be significant in locating jobs which are good targets for people with disabilities. And, finally, employment specialists and counselors must develop an understanding of unions and unions must learn about the rehabilitation and employment service system.
This report was developed from a study supported by a grant of federal funds made by the Ohio Developmental Disabilities Planning Council under the Developmental Disabilities Act. The opinions expressed are that of the grantee and no endorsement of the Ohio Developmental Disabilities Planning Council is intended nor should be implied. Further, this study was developed as an independent activity of Employment Related Services Associates and no endorsement of the AFLCIO has been provided nor should be implied.
Bibliography
1. American Federation of Labor Congress of Industrial Organizations. (1988). Working together - the key to jobs for workers with disabilities.
2. American Federation of State, County, and Municipal Employees. (1989). Fighting for the rights of disabled employees: An AFSCME Guide. Washington, DC: AFSCME Research Department.
U.S. Department of Labor. (1984). Monthly labor review 108, (11).
3. Whitehead, C. (1990a). Employment opportunities of the future. In Frank Rusch (Ed.). Supported employment: Models, methods, and issues. Sycamore Publishing.
4. Whitehead, C. (1990b). Labor unions and disability: Suggestions for expanding employment for people with disabilities. Hudson, FL: Employment Related Services Associates.
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| Title Annotation: | Vocational Rehabilitation and Competitive Employment |
|---|---|
| Author: | Whitehead, Claude |
| Publication: | American Rehabilitation |
| Date: | Mar 22, 1991 |
| Words: | 2824 |
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