NEWS......NEWS......NEWS......NEWS......NEWS......NEWS....NEWS....NEWS.....NEWS....NEWS...NEWS.....NEWS
ARCHIVE FOR AUGUST 1998
:DUE TO WORK ON THIS SITE AND HOLIDAY NO NEWS WAS ENTERED FROM AUGUST 27-31 SEE
SEPTEMBER FOR ANY NEWS UPDATES FOR THIS PERIOD.
:AUGUST24:1998: Judge stops PL logging Mattole; PL threatens legislature ...
T H E . W E E K L Y . H E A D W A T E R S . F O R E S T . U P D
A T E
Update 08-20-98:
1 -- Federal judge stops PL logging of Mattole
2 -- PL bullies state legislator in letter
3 -- Event: Headwaters HCP workshop
4 -- Will there be a rally this year?
Please see the adjoining Action Alert for what YOU CAN DO !
------------------------------------------------------------
MATTOLE VICTORY
Federal judge stops Pacific Lumber's logging in the Mattole
for violating the Endangered Species Act
San Francisco -- Last Friday afternoon Federal Judge Thelton Henderson
issued a temporary restraining order (TRO) against the Pacific Lumber
Company for violation of the Endangered Species Act for their logging plans
along the Mattole River. The Environmental Protection Information Center
(EPIC) and the Sierra Club filed suit in federal court against Pacific
Lumber last week to bar the company from logging three controversial timber
harvest plans in the Mattole River and Bear Creek in Southern Humboldt
County.
Pacific Lumber had been logging the ancient Douglas fir forests in the
Mattole for several days, despite vocal opposition from federal agencies
and civil disobedience by downstream residents. The civil disobedience had
grown heated in recent days with loggers becoming increasingly threatening
and violent with protestors.
The restraining order halts the logging based on a provision of the
Endangered Species Act which says that companies pursuing a federal permit,
such as a permit to "take" endangered species, cannot simultaneously be
precluding reasonable alternative conservation options such as more
protective streamside buffers or not logging in unstable areas. This
ruling, and the case that will follow, could have far-reaching effects on
the increasingly utilized Habitat Conservation Plan (HCP) process,
potentially forcing companies to curtail activities that would preclude
other reasonable conservation options.
"Pacific Lumber has been in violation of their responsibilities under
the Endangered Species Act for a long time," commented Tara Mueller, an
attorney on the case. "This ruling illustrates their disregard for the law."
"Even though Pacific Lumber has proposed an HCP, they are out there
cutting on unstable slopes and near streams seven days a week," said Paul
Mason of EPIC. "These activities are precluding the option of leaving high
risk areas unlogged. An HCP that really protected salmon would protect this
ancient Doug fir forest. PL should not be destroying these sensitive areas
while negotiating its HCP."
------------------------------------------------------------
PACIFIC LUMBER SENDS THREAT LETTER TO ENTIRE STATE LEGISLATURE
In an unseemly demonstration of their typical strong-arm tactics, Pacific
Lumber is now attempting to bully the state legislature into handing over
$130 million of taxpayer money. In a letter sent to every member of the
state legislature last week, Pacific Lumber threatened to resurrect their
"takings" suit against the federal government for the endangered species
protections imposed on their lands.
Claiming that the state legislature is thwarting their noble efforts to
save the forest, the company writes, "Unfortunately, all of the work that
has gone into saving the Headwaters may now be undone. It is with deep
sadness and regret that I write to inform you that The Pacific Lumber
Company cannot accept the new, onerous and scientifically unsupported
restrictions that would be placed upon our operations by State Senator
Byron Sher's proposed legislation SB 533." The letter was signed by PL CEO
John Campbell.
Beginning with the startling statement that "the Pacific Lumber Company
(PALCO) wants to preserve the Headwaters Forest," Campbell then goes on to
enumerate the ways in which the minimum species protections proposed will
deny the company its inalienable right to destroy the forest for its own
profit.
Let's hope our legislators will see through PL's intimidation tactics
and read the desperation between the lines. The company's audacious claim
that $380 million--roughly twice what Charles Hurwitz paid for THE ENTIRE
COMPANY in the mid-eighties--for a tiny corner of their property is just
not enough exemplifies the monumental greed that Charles Hurwitz has
demonstrated since the time when he forcefully took eover of the company.
We know Hurwitz is deeply in debt and needs this money. There is no
reason to back down now. It's the legislature's job to ensure the taxpayers
get the habitat they're paying for -- not just a museum-piece grove
surrounded by a devastated forest.
------------------------------------------------------------
Headwaters HCP workshop
Wednesday, August 26, 7pm
Sierra Club HQ, Yosemite Rm, 3rd floor
85 Second Street (between Market and Mission)
Near Montgomery Street BART station
Parking available after 6pm
Pat Higgins, fisheries biologist, will present a workshop on the Headwaters
HCP. Using innovative technologies Pat and his associates have developed a
coho CD-ROM which allows the user a better understanding of the
significance of the Pacific Lumber HCP and how to participate in the public
hearing process.
Coho CDs will be handed out at the meeting. People will be instructed
on how to use Coho CDs to get information about the status of salmon
populations and watershed conditions on and around Pacific Lumber land.
Workshop attendees will also learn how to cut and paste charts, photos,
maps or quotations into letters to the National Marine Fisheries Service.
Even if you don't have the capacity to use the Coho CD at your home or
office, you can still gain a better understanding of the PL HCP for use at
the upcoming public hearings in October.
For more information contact Pat Higgins at 707-822-9428 or Jennifer
Witherspoon at 415-977-5721.
------------------------------------------------------------
WILL THERE BE A RALLY THIS YEAR?
We have been fielding a lot of questions about whether there will be a
September rally this year in Humboldt County, in what has become an annual
show of support for protection of all 60,000 acres of Headwaters Forest.
The answer at this point is somewhat of a moving target. The problem is
this -- the dates of the public comment hearings for PL's HCP have been
cancelled and have yet to be rescheduled. We are awaiting solid dates from
the agencies before we pass on that info to the many thousands of
interested citizens.
But have no fear, other plans are afoot, and we intend to have news for
you soon. As usual, you can expect to see the news as soon as we have it,
right here in The Weekly Update.
------------------------------------------------------------
T H E S E . U P D A T E S . are prepared by Headwaters Sanctuary Project
and distributed by Bay Area Action www.baaction.org.
http://www.HeadwatersForest.org | info: headwaters@enews.org
:AUGUST24:1998 H E A D W A T E R S . F O R E S T A C T I O N . A L E R T
08-20-98
FINAL SHOW-DOWN OVER LOGGING RESTRICTIONS IMMINENT
Contact your representatives today!
Yes, AGAIN!
The state budget will be finalized in the next week and a half. It is
extremely important that state legislators continue to hear from us on
Headwaters.
For now, SB 533 remains the vehicle for funding. But the Governor is
still attempting to sweeten the pot for Pacific Lumber (as if $380 million
weren't sweet enough) by weakening the standards in the bill. The trailer
bill, like the rest of the budget, requires a two-thirds majority to pass.
Many more legislators are needed to come on board. The following
legislators are targets. If your legislator is listed below, PLEASE CONTACT
HIM OR HER TODAY with the message to stand up to Pacific Lumber and the
Governor, to SUPPORT the environmental protections currently in SB 533, and
to oppose any attempt to weaken its standards.
Below you will find senators listed first, then assemblymembers, with
the main cities in their districts and their contact information. You can
also find local office numbers in your telephone directory.
Negotiations are happening RIGHT NOW, SO PLEASE TAKE A MINUTE TO
CONTACT YOUR REPRESENTATIVE TODAY!
If you contacted them last week, contact them again! THANK YOU!
FOR CONTACT INFO SEE AUGUST 14 STORY
------------------------------------------------------------
T H E S E . U P D A T E S . are prepared by Headwaters Sanctuary Project
and distributed by Bay Area Action www.baaction.org.
http://www.HeadwatersForest.org | info: headwaters@enews.org
:AUGUST24:1998 CU MAG TO END
The Amiga magazine CU Amiga is to stop its run next month.The mag has been on the go for over nine years.
Support for the mag is expected to move to Amiga format...........a.dople
:AUGUST22:1998 How the US Supreme Court Screwed 7,000 Miners and Their Dependents and What
Can Be Done About It
by Eric Longley
We now have proof positive that John L. Lewis, the fiery American miners'
union leader of olden days, is dead. When Lewis led the miners' union, he
would not have tolerated a group of unelected judges taking away the
benefits which Congress had granted to retired miners and their families. A
strike would have been the least that Lewis would have called for. But (at
least from examining the mainstream media) I read nothing about any strikes
in response to the US Supreme Court's decision in the case of _Eastern
Enterprises v. Apfel_. The effect of this decision is that up to 7,000 coal
miners and/or their dependents are denied benefits which Congress had
guaranteed them by law.
The background of the case is given in the opinion of Supreme Court Justice
O'Connor and three other Justices. Here is O'Connor's version of events,
based on which she, and one other judge, saw fit to strike down the law
(O'Connor's opinion, and other opinions in this case, can be accessed at
http://supct.law.cornell.edu/supct/html/97-42.ZS.html):
Eastern was in the coal-mining business until around 1965. At that time,
miners' benefits were dealt with in a contract between the United Mine
Workers and the coal operators. The contract required coal companies to pay
into a fund from which trustees (representing the union and the industry)
decided how much to pay to the miners. Therefore, there was no legal
guarantee of benefits; only a moral guarantee that miners would be provided
for in case of illness.
In 1974 and 1978 (after Eastern left the coal business) there were
industry-wide deals giving miners a legal guarantee of benefits. But
Eastern wasn't a part of these deals, and companies which were a part of
those deals kept wiggling their way out. The miners'-benefit system was in
crisis. Justice O'Connor takes up the tale:
"In response to unrest among miners, [including the Pittston strike]...
Secretary of Labor Elizabeth Dole announced the creation of the Advisory
Commission on United Mine Workers of America Retiree Health Benefits (Coal
Commission). The Coal Commission was charged with "recommend[ing] a
solution for ensuring that orphan retirees in the 1950 and 1974 Benefit
Trusts will continue to receive promised medical care." _[Coal Comm'n
Report 2, App. (CA1) 1333.]_ The Commission explained that '[h]ealth care
benefits are an emotional subject in the coal industry, not only because
coal miners have been promised and guaranteed health care benefits for life,
but also because coal miners in their labor contracts have traded lower
pensions over the years for better health care benefits.' _[Coal Comm'n
Report, Executive Summary vii, App. (CA1) 1324.]_"
In other words, when Eastern was in the coal business, there was no legal
guarantee that miners would get health care benefits, but miners assumed
that they would be getting benefits, and on that basis they were willing to
accept lower pensions. Perhaps Eastern actually had fewer strikes before
1965 because its miners thought their benefits were secure. Whatever the
case, the Coal Commission, in the interests of fairness to miners (and also,
I suppose, in the interests of labor peace), recommended legislation to make
sure that all retired miners (or their dependents) got the health benefits
that had been explicitly or implicitly promised to them. The Commissioners
also wanted to handle the problem of "orphan retirees," people like retired
Eastern miners whose former employers had left the coal business or
otherwise wriggled out of health-benefit agreements. The Commission
proposed that there be either a fee on all coal companies to finance health
benefits, or else a law assigning each retired miner to a former employer,
and requiring to employer to be responsible for benefits. O'Connor again:
"The Coal Commission's Chairman submitted a statement urging that Congress'
assistance was needed 'to fulfill the promises that began in the collective
bargaining process nearly 50 years ago . . . .'" This referred to the first
industry-wide agreement in 1947, when Eastern was still in the coal
business. In the Senate debate, Senator Dave Durenberger said that the
health-benefits dispute involved "a whole bunch of promises made to a whole
lot of people back in the 1940s and 1950s when the cost consequences of
those problems were totally unknown." In other words, health-care costs had
increased more than expected, and the coal industry had fallen on hard=
times.
Congress responded to these concerns by passing a law in 1992. The first
version of this law would have taxed coal production so as to pay the
benefits of "orphan retirees," such as Eastern's former miners. President
Bush vetoed this law, for various reasons. Congress then passed the present
version of the pension law, under which, each miner is assigned to a former
employer, which is then responsible for paying the miner's health benefits
and those of the miner's dependents. The law would have required Eastern to
pay benefits to up to 1,500 former miners or their dependents.
Eastern didn't want to pay the benefits Congress had ordered, so it made a
federal case out of the matter by filing a lawsuit. Eastern wanted the
courts to say that the law which ordered it to pay benefits (26 U.S.C. =A7
9706(a)(3)) was unconstitutional. The constitutionality of most of the law
was acknowledged; only the part which affected Eastern and a few other
companies was being challenged. This is the part of the law which, as
mentioned, affects up to 7,000 retirees and their dependents, including
Eastern's.
Eastern made two arguments for why 26 U.S.C. =A7 9706(a)(3) violated the
Constitution. First, said Eastern, the law took Eastern's property (ie, its
money) without paying compensation (in the form of an identical sum of
money). This can be referred to as the "takings-clause argument," since it
is based on a clause of the Fifth Amendment to the US constitution requiring
compensation when the government takes your property. The company's second
argument was that 26 U.S.C. =A7 9706(a)(3) violated "substantive due=
process,"
a concept which the federal courts used before 1937 in order to strike down
social-welfare legislation.
Eastern lost in the federal trial court and the appeals court, so it went up
to the Supreme Court. The Supreme Court decided, 5-4, that Eastern should
win, and that 26 U.S.C. =A7 9706(a)(3) was unconstitutional. This seems to
mean that the miners get screwed. But look at the breakdown of the justices'
votes.
Eastern's takings-clause argument was rejected by a 5-4 vote; in other
words, the miners won. On the takings-clause issue, the following justices
voted for the miners: Kennedy, Souter, Breyer, Stevens and Ginsburg. The
following justices voted for the company (ie, voted that the law violated
the takings clause): O'Connor, Rehnquist, Scalia and Thomas. So far, the
miners are winning.
Eastern's due-process argument only picked up one vote on the Supreme Court:
the vote of justice Kennedy. In other words, only Kennedy thought that the
law violated due process. Four other justices-Souter, Breyer, Stevens and
Ginsburg- voted for the miners and said that the law did not violate due
process. Four other justices-O'Connor, Rehnquist, Scalia and Thomas-did not
express an opinion either way on the due process issue. Thus, the miners won
by a 4-1 vote on the due process issue, with four abstentions.
But if we do the arithmetic, we see that, despite a 5-4 victory on one
issue, and a 4-1 near-victory on the other issue, the miners still lost.
Take the four justices who voted for the company on the takings-clause issue
(O'Connor, Rehnquist, Scalia, and Thomas) and add Kennedy, who was the only
justice to vote for the company on the due-process issue, and you get a 5-4
victory for the company.
Despite this defeat for the miners, the arithmetic is grounds for hope. The
miners won 5-4 on the takings issue, and they got 4 votes (one vote short of
a majority) on the due-process issue. Only Kennedy voted for the company on
the due-process issue. Therefore, the takings issue is settled in the
miners' favor, and is a binding precedent for the lower courts. The
due-process issue has not been settled, but if the miners find a way of
bringing the due-process question back before the supreme court, they might
well win. All the miners need to do to win is to get the four justices who
voted for them on the due-process issue and pick up just one extra vote.
They might get that extra vote from someone like Scalia, who doesn't like
due process very much. Although Scalia was willing to vote for Eastern based
on the Takings Clause, he is unlikely to vote for Eastern based on
"substantive due process." Scalia doesn't like the idea of federal courts
striking down laws based on "substantive due process," because he thinks
that this provides judges with an excuse to substitute their (the judges')
ideas of fairness for Congress' or a state legislature's considered decision
as to what is fair. For example, although the Supreme Court hasn't recently
used "substantive due process" to strike down social-welfare laws, it has
used "substantive due process" to strike down abortion laws, which Scalia
sees as equally bad (liberal justices think it is OK to use "substantive due
process" in abortion cases, but not OK to use the concept in economic cases.
If this seems a bit convoluted, that's because it is convoluted).
If they win on the due-process issue, then the miners get their benefits
back, since they've already won on the takings issue, which represents the
only other challenge to the pension law's constitutionality.
So how can the miners get back to court with their due-process argument? One
possibility would be for one or more miners, who have been deprived of their
benefits by the Supreme Court, to go to federal court and ask for a
declaratory judgment (see 28 USC 2201-2202). A miner would just ask for a
ruling that it would not violate "due process" to give him the benefits to
which he is legally entitled. If the case then gets up to the Supreme Court,
then the justices who abstained the first time will have to say whether
giving benefits to miners violates due process. If the four liberals are
joined by just one conservative, that will mean a 5-4 victory for the
miners, and a restoration of benefits.
Of course, the suggestion I have made might not work. The Supreme Court, and
the lower courts, might simply say that they have already decided that it is
unconstitutional to give benefits to the miners, and that there is no point
trying to raise the issue again. But the only way to find out if this method
will work is to try it.
But is the law which the Supreme Court struck down a just law? Is it
completely fair to Eastern? Maybe if Congress just imposed a tax on the coal
industry and used the proceeds of the tax to pay the pension obligations of
the up to 7,000 miners affected by the case (such a plan was included in the
bill President Bush vetoed in 1992, before the law was passed in its current
form)? Or maybe if Congress paid the retired miners' benefits by making all
taxpayers pay for them, instead of putting the whole burden on particular
companies? This seems to be what the Court's majority would prefer.
To my mind, the more important point is this: Congress already decided on a
specific method of paying for the miners' benefits. Although Eastern says
that the method Congress chose is unfair to business, take note of the
following: for over three years, Congress has been in the control of people
who are openly and unapologetically in the pocket of business. Yet Congress
has never repealed the law which Eastern claims is so unfair to business.
That means either that the current Republican Congress is satisfied that the
law is just, or else that the subject isn't important enough to repeal.
Either way, shouldn't the law be left to the democratic process, rather than
be subject to the veto of federal judges?
Anyway, why does Eastern need to go to the federal courts to protect
themselves against Congress? Why don't they just buy a few Congressmen, like
everyone else?
Eric Longley is a freelance writer living in Durham, North Carolina, USA.
He can be reached at ericwl@mindspring.com .
"Trends" in Violence
_
[today's non-labor story]
This summer, students at several American public schools, in unrelated
incidents, brought guns to school, and started shooting people. Certainly
dramatic and sensational events, the media gave them wall-to-wall coverage.
Since these violent acts occurred in a short span of time, the media was
able to group them all together and act as though gun violence in American
schools was a rising epidemic and that action should be taken immediately,
before it was too late. Politicians are acting on these beliefs; since
schools are so "dangerous," some legislators are attempting to end
afterschool programs, maintaining police officers on campus, and trying
juveniles as adults, with adult-sized punishments, like the death penalty.
Is it warranted to start making policy decisions on these events? Isn't
perhaps just tragic coincidence that these murders took place so close to
each other in time? Well, yes.
The media's claim has two essential assumptions: 1) students shooting other
students at American schools is common, and 2) the number of these shootings
is increasing. A recent report by the Justice Policy Institute proves both
of these claims false.
Forty people were killed in school shootings in the academic year 1997-98.
This accounts for less than 3% of all murders in the United States, and is
equal to less than half the number of people killed by lightning in the U.S.
each year. JPI's report points out that eleven children were killed in the
five recent school shootings this year, but that eleven children are killed
every two days at the hands of their parents or guardians (e.g. abuse,
domestic violence, etc.), and that eight kids are killed every two days by
gunfire (mostly in non-school settings). Contrary to media reports, these
numbers actually imply that children are much safer in school than they are
outside of school.
As for the increase in shootings, the numbers are a little harder to gauge.
Shootings are down a little since 1992, but up a little since 1996. Take a
look:
1992-93 - 55 deaths
1993-94 - 51 deaths
1994-95 - 20 deaths
1995-96 - 35 deaths
1996-97 - 25 deaths
1997-98 - 40 deaths
One could say that the numbers are decreasing slightly, increasing slightly,
or remaining fairly constant. Even if one chooses to interpret this data as
an increase, it is surely not the "trend" or epidemic that the press has
implied that it is.
And surprisingly little coverage has been given to the individual shooters
and motives. Most major news outlets have simply mused over the prevalence
of guns in the culture of these communities, the media, the decay of morals
in America, etc. I haven't seen the evidence, but I'd be willing to bet
that each of these children have some pretty serious emotional problems
which contributed heavily to their actions. But that's just my opinion.
Full text of the JPI report is available at http://www.cjcj.org .
_Sources: all major news outlets, "School House Hype: School shootings and
the real risks kids face in America." By Elizabeth Donohue, Vincent
Schiraldi, and Jason Ziedenberg_
_Briefs_
_Borders Busted_=0B
Many of the employees of Borders, Inc., one of America's largest bookstore
chains, have recently being trying to unionize, and Borders has taken action
to try to prevent this from happening. Nothing that new.
But a secret Borders document has been leaked out regarding the company's
anti-union policies. An instructional booklet called "Union Awareness
Training for Borders Managers" is available for your reading at
http://parsons.iww.org/~borders/manual.html . Borders claims that this
document is fake. And maybe it is, I have no way of validating it either
way, but I think that if someone had wanted to hurt Borders, they would've
written a more damaging forgery (but of course, maybe that's just what the
forgers _want_ me to think...).
The book is actually fairly gentle, and tells managers to do what they can
to solve employee grievances without unions or strikes, and to try to
"dispel the myths" surrounding unions. My favorite line was to managers who
may be generally pro-union themselves: "It is not inconsistent to explain
that you may feel that unions serve a necessary and valuable role in
society, but that they will not be compatible with our management style."
That style of course being one where a powerful, organized group (the
employers) deal with relatively powerless employees on an atomized,
individual basis. _"Union Awareness Training for Borders Managers," Sept=
96_
_One Small Step for Damage Control_
What do you call a rocket launch that results in a large explosion which
distroys a $200 million rocket, rains debris up to several miles way,
releases toxic rocket fuel into the atmosphere, and destroys a $1 billion
top secret spy satellite?
NASA ran into just such a situation on August 12, and coined a term much
more cuddly and soothing than "accident," "malfunction," or "disaster."
NASA spokespeople referred to the explosion as a "mishap." And the rocket
didn't explode, it "self-destructed." And the rocket fuel didn't
contaminate or pollute the air, it "wafted out to sea and dispersed."
These sorts of occurrences may worry you about the safety of the American
space program, but don't you worry, NASA claims that it is creating a
"mishap board" to investigate the incident and prevent further, uh, mishaps.
And although we're all a little shaken up, I'm sure that NASA will get
another dollar-intensive military spy satellite up into orbit as soon as
possible, so that we can all sleep a little more safely at night. _CNN Aug
12 98_
AUGUST:19:1998.....CLYDE FLOODS AGAIN THIS SUMMER
The Clyde river which runs from the Scottish uplands to the sea through Glasgow has again flooded.The
river floods only in winter after rain or snow melt,but with Scotland not getting any real dry weather
this past two months it has flooded just like winter.Farmers who have planted up the banks
of the river with winter food for animals and food for shops have put the cost in the thousands
pounds mark .This may see a few of them sell up............
:AUGUST:18:1998............Automobiles and Class War
Workers from two General Motors (GM) automobile parts factories in Flint,
Michigan have finally voted to end their long strike and accept the terms
offered by GM. The strike has received significant coverage by the
mainstream news media, which is fairly unusual; strikes usually go
absolutely unnoticed by the press. This strike has received coverage due to
its size and impact; these strikers had virtually shut down the production
of all GM automobiles in North America, and perhaps the world.
News coverage of the strike was embarrassingly bad. The strike was into day
9 before I heard CNN even mention why the workers were on strike. Day to
day coverage was fairly uniform, and contains a bias. "The UAW strike in
Flint, Michigan, on it's xth day, continues to cripple General Motors.
Approximately xxx workers from other plants have been laid off due to the
strike, and it is estimated that GM has lost $xxx." Visuals to go with this
report are usually small groups of picketers, maybe 20 or so. If the
coverage lasted longer, it usually included interviews with local automobile
dealers, asking them if they had enough cars stocked up to last if the
strike lasted much longer.
The message one gains from this coverage is simple. The strikers, with no
obvious grievances (because they're not mentioned), are utterly destroying
the innocent GM. And even if the strikers were doing this for the right
reasons, the strike is obviously the wrong way to go, because they are
hurting their own people, other workers who are losing their jobs. The
pictures of small groups of strikers helps reinforce the idea that the few
are hurting the many, and the repetitive coverage, day after day, can give
the public a feeling of boredom and "enough already!"
Well let's start with what's important: why are UAW Locals 651 and 659 on
strike? What are their grievances?
According to the UAW itself, the main issues are "unresolved health and
safety, subcontracting and production standards issues." Workers are "being
threatened with job losses due to subcontracting to vendors, speeded up
conditions and over-loaded jobs that are clearly violations of the local and
national agreements just signed in 1996." Regarding the safety issues, UAW
Region 1C Director Ruben Burks claims that the workers at these plants face
"excessive and damaging noise levels..., [a] lack of ventilation in welding
areas, ... improperly ergonomically designed jobs, and violations of
equipment lockout procedures that could lead to injury or death." These are
all statements from the UAW, so it is possible that they are biased, or
misleading. But they are the ones best suited to explain their own side of
the story.
So the UAW are striking because they feel that the GM plants are unsafe, and
that the employees are in danger of losing their jobs. An ideal way to
settle this would be for the employer and employees to discuss things and
work them out peacefully. But as we can see, the UAW workers already feel
that GM is violating previous agreements; it seems reasonable to assume that
GM might therefore not honor other agreements. A strike can help GM live up
to its part of the bargain.
GM pulled out the big guns, and declared that the strike is "illegal." To
do this, they claimed that the UAW wasn't really striking about what it
claimed to be striking about, it was really striking because GM was talking
about exporting factories and jobs to other countries. According to a
contract between GM and UAW, striking for these reasons would break the law.
But of course, since GM also violated the agreement by not addressing the
safety issues...
GM issued a statement/"message" regarding the strike on its webpage, a
well-crafted piece of propaganda which had a number of ominous overtones.
The statement attempted to make the issue one where the strikers are on one
side, and absolutely everyone else is on the other: the strikers are hurting
their fellow workers, small businesses, GM, and the American economy. GM
tries to divide and conquer by claiming that the striking workers make
really good money, and actually have conditions better than workers at other
American GM plants. And GM also claims that the company is losing money by
operating these two Flint plants; GM is therefore benevolent and charitable
for keeping the plants open at all. And of course, the current state of
things at GM, anything that the workers find objectionable, are just part of
the necessary steps "to remain competitive."
It's a nice diversion. The GM statement did not specifically refer to the
strikers' grievances. No mention was made of the company's subcontracting
processes. The statement did make reference to production rates and safety
investments, but not specifically enough to know if the company was
complying with the agreements it has made. The statement also tried to show
how unreasonable the strikers were by pointing out the more demanding
schedules placed on other GM factories. That is irrelevant, and GM knows
it; as a business, the company should know that its agreements with one
party are unrelated to agreements with other parties.
The "highlights" of the final agreement _[all I could find. -Ed]_:
-a resolution of health, safety, subcontracting, and production standard
issues between Gm and the two unions;
- GM will fulfill its last agreement (how noble);
- the strikers and laid-off workers will receive compensation for the paid
holidays and vacation time that they "missed" because of the strike;
-the Delphi plants will not be sold through January 1, 2000;
-GM withdrew its claim that the strike was illegal.
Now that the strike has ended, GM has announced its plans to turn the Delphi
plant into an independent division, but I've also heard rumors that they are
selling the plant altogether, which would violate the agreement. The plan
has the potential to be a good thing, as small businesses can sometimes be
more responsive to their employees and their needs, but it could also be
terrible. Subcontracting is a common union-busting tactic these days. A
large company like GM can demand certain rates and prices from
subcontractors, and those businesses which want to keep their deals with GM
have to oppress their workforce themselves, fairly reminiscent of the way
that Nike can have its products made in foreign, non-Nike-owned sweatshops.
It helps diffuse the blame and complicate solutions.
And of course, GM has also announced that it should recoup its losses by the
end of the year, by increasing production, cutting plants, cutting workers,
and reducing the number of car models produced. Did things really change at
all?
_all major news outlets_
_Russian Miners' Strike_
No matter how bad problems may have been in Flint, they are nothing compared
to the problems of workers in Russia. Roughly one quarter of the Russian
workers are not paid regularly, having to wait up to TWELVE MONTHS before
receiving their wages.
As one might expect, the workers eventually went on strike. This goes
beyond fighting for better pay or benefits, and even more than fighting for
what one is already entitled to. This is a fight for survival. Not only
are private employers, hurt in Russia's ailing economy withholding wages,
but even the Russian government is refusing to pay its workers.
I don't have the resources to go into much detail here, as there have been
dozens of strikes over the past year or so. I'll just touch on the strike
which has received a little American press coverage, the Russian miners=
strike.
A number of protests, strikes, hunger strikes and blockades have been held
by miners not paid in months. Coal miners on Sakhalin Island have not been
paid in more than eight months. Since July 25, the miners have been
blocking railroad lines that would transport the coal to the city of
Yuzhno-Sakhalinsk. Power plants are beginning to shut down. Miners from
northern Vorkuta have been camped outside of government buildings in Moscow
since June to get attention. Some government officials seem sympathetic,
others vow "not to give in to blackmail."
News that I've been able to find is scanty, and I don't know how things will
turn out.
_Sources: AP July 26 98, Int'l. Federation of Chemical, Energy, Mine and
General Workers Union Cybercampaign Nov 97, Reuters Aug 3 98, Vladivostok
News May 15 98_
SENT BY NEWSWATCH ....J sexton
:AUGUST:16:1998... H E A D W A T E R S . F O R E S T.
A C T I O N. A L E R T
08-12-98
FINAL SHOW-DOWN OVER LOGGING RESTRICTIONS IMMINENT
Contact your representatives today!
The state budget has passed both houses of the California Legislature
WITHOUT a line item for Headwaters. THANK YOU TO ALL OF YOU WHO MADE THIS
HAPPEN WITH YOUR CALLS AND LETTERS. SB 533 remains the vehicle for funding.
But the Governor is still attempting to sweeten the pot for Pacific
Lumber (as if $380 million weren't sweet enough) by weakening the standards
in the bill. The trailer bill, like the rest of the budget, requires a
two-thirds majority to pass.
Many more legislators are needed to come on board. The following
legislators are targets. If your legislator is listed below, PLEASE CONTACT
HIM OR HER TODAY with the message TO SUPPORT the environmental protections
currently in SB 533 and to oppose any attempt to weaken its standards.
Below you will find senators listed first, then assemblymembers, with
the main cities in their districts and their contact information. You can
also find local office numbers in your telephone directory.
Negotiations are happening RIGHT NOW, SO PLEASE TAKE A MINUTE TO
CONTACT YOUR REPRESENTATIVE TODAY!
SEE AUGUST 14 for contact info
If you contacted them last week, contact them again! THANK YOU!
------------------------------------------------------------
T H E S E U P D A T E S are prepared by Headwaters Sanctuary Project
and distributed by Bay Area Action www.baaction.org.
.
http://www.HeadwatersForest.org | info: headwaters@enews.org
:AUGUST:15:1998..........MIR TODAY GONE DECEMBER 1999
There now seems to be a scare starting about the Russian Mir space station which is due to re-enter
the Earth atmostphere sometime in december 1999.Astronomers think most of it will burn up ,but some
now think that a large part will now get through and could land anywhere on Earth...............M McMahon
:AUGUST15:1998.......BUDGET near; logging blocked; postcard effort ...
W E E K L Y . H E A D W A T E R S . F O R E S T . U P D A T E.
Update 08-05-98 See the adjoining Action Alert!
AGREEMENT NEAR ON BUDGET DEAL
On August 4 the press reported that CA Governor Pete Wilson and legislative
leadership had reached an agreement on tax cuts, but there was no mention
of Headwaters. Later in the day, word leaked out that negotiations are
continuing over this item.
The governor is still attempting to force the legislative leadership to
make the deal more palatable (i.e., profitable) for Pacific Lumber/Maxxam.
The struggle that lies ahead is to keep the funding out of the budget
itself, and to keep Gov. Wilson and timber-sympathetic republicans from
watering down the standards set forth in SB 533. The bill, like the rest of
the budget, requires a two-thirds majority to pass.
Many more legislators are needed to come on board if we are to make a
credible attempt to improve this HCP, or demonstrate that we can kill the
whole deal if the improvements are not made. Please see the adjoining
Action Alert to find out how you can help!
------------------------------------------------------------
FISHERIES SERVICE DIRECTOR HEARS YOU!
NMFS FLOODED WITH CALLS AND FAXES --
BLOCKS LOGGING PLAN, FOR NOW
We reported last week that logging began last Monday morning, July 27, in
Timber Harvest Plan 307, which Pacific Lumber had promised to halt while
NMFS completed its review. Tree fallers were met by activists in the woods
who explained why they should not be cutting there. This helpful
information was unfortunately received with hostility, and four trees went
down before the loggers left. They returned after noon to handcuff the
activists to a tree until sheriffs deputies arrived to make the arrest.
However, Pacific Lumber finally did halt operations in both plans in
question, and no more logging occurred for the rest of the week.
An outpouring of letters to Terry Garcia, Under-Secretary of Commerce
for NMFS in Washington D.C., and Bill Hogarth, Regional Administrator for
NMFS, resulted in jamming their phone lines and fax machine last week.
(Thank you to all of you who contacted them!) This may have helped stiffen
the agency's resolve to pursue a "take" case against Maxxam and the
California Department of Forestry, which approved the logging plans.
A geological survey will take place on Wednesday, August 5. The USGS
geologist will review NMFS's findings of "significant risk of hillslope
failure." A NMFS biological assessment team will also go into Sulphur Creek
(THP 307) that day for species assessment and stream temperature monitoring.
Depending on the results of this field tour, logging could begin soon
thereafter or could be tied up while the agencies negotiate. We'll keep you
informed.
------------------------------------------------------------
JULIA BUTTERFLY KICKS OFF POSTCARD CAMPAIGN
Concert promoter Bill Graham Presents has printed 10,000 postcards that
call upon the United States Fish and Wildlife Service (USFWS) to deny the
approval of the Pacific Lumber HCP. The cards will be distributed
nationally and internationally, and will be delivered en masse to the USFWS
during public comment hearings on the HCP during mid to late September.
If you can make a commitment to distribute these cards in your local
area, at events, or among your friends please contact:
Luna Media Services
PO Box 1265
Eureka, CA 95502
phone: 707-839-8974
Send a large (at least 9" x 5") self-addressed, stamped envelope ($3
postage for Priority Mail) and a note stating how many cards you can get
signed and returned.
------------------------------------------------------------
T H E S E U P D A T E S are prepared by Headwaters Sanctuary Project
and distributed by Bay Area Action www.baaction.org.
.
http://www.HeadwatersForest.org | info: headwaters@enews.org
:AUGUST:14:1998.......H E A D W A T E R S. F O R E S T
A C T I O N A L E R T 08-05-98
AGREEMENT NEAR ON BUDGET DEAL
Governor Wilson is still attempting to force the legislative leadership to
make the Headwaters deal more palatable (i.e., profitable) for Pacific
Lumber/Maxxam. The struggle that lies ahead is to keep the funding out of
the budget itself, and to keep Wilson and timber-sympathetic republicans
from watering down the standards set forth in SB 533. The bill, like the
rest of the budget, requires a two-thirds majority to pass.
Many more legislators are needed to come on board if we are to make a
credible attempt to improve this HCP, or demonstrate that we can kill the
whole deal if the improvements are not made.
The following legislators are targets. If your legislator is listed
below, PLEASE CONTACT HIM OR HER TODAY with the message to OPPOSE A DIRECT
APPROPRIATION FOR HEADWATERS FOREST AND TO SUPPORT SB 533.
Below you will find senators listed first, then assemblymembers, with
the main cities in their districts and their contact information. You can
also find local office numbers in your telephone directory.
Negotiations are happening RIGHT NOW, so please take a minute to
contact your representative today! Thank you.
Senators
Northern California
Mike Thompson
(Crescent City, Eureka, Fort Bragg, Healdsburg, Lakeport, Napa, Santa Rosa,
Sebastapol, Sonoma, Ukiah, Vallejo)
(p) 916-445-3375
(f) 916-323-6928
John Burton
(Novato, Petaluma, San Francisco, San Rafael)
(p) 916-445-4722
(f) 916-327-7229
Quentin Kopp
(San Francisco, South San Francisco, San Mateo, Daly City, Burlingame,
Pacifica, San Bruno)
(p) 916-445-0503
(f) 916-327-2186
Bill Lockyer
(Castro Valley, Fremont, Hayward, Milpitas, Newark, San Jose, San Leandro,
San Lorenzo, Union City)
(p) 916-444-6671
(f) 916-323-2234
Bruce McPherson
(Gilroy, Hollister, Monterey, Morgan Hill, Salinas, Santa Cruz, Watsonville)
(p) 916-445-5843
(f) 916-445-8081
Richard Rainey
(Concord, Danville, Dublin, Livermore, Walnut Creek, Pleasanton)
(p) 916-445-6083
(f) 916-445-2527
Senators
Southern California
Dierde Alpert
(San Diego, La Jolla, Imperial Beach)
(p) 916-445-3952
(f) 916-327-2188
Ruben Ayala
(Pomona, San Bernadino)
(p) 916-445-6868
(f) 916-445-0128
Charles Calderon
(Montebello, Whittier, Norwalk, SE LA)
(p) 916-327-8315
Ralph Dills
(Manhattan Beach, Redondo, Torrance, Carson)
(p) 916-445-5953
(f) 916-323-6056
Tom Hayden
(Santa Monica, Beverly Hills, Hollywood, Southern San Fernando Valley)
(p) 916-445-1353
(f) 916-324-4823
Teresa Hughes
(Hawthorne, Gardena, Westchester, Watts)
(p) 916-445-2104
(f) 916-445-3712
Betty Karnette
(Long Beach, Lakewood, Bellflower, Downey, Artesia)
(p)916-445-6447
(f) 916-327-9113
Jack O'Connell
(Santa Barbara, San Luis Obispo, Ventura County)
(p) 916-445-5405
(f) 916-332-3304
Richard Polanco
(East Los Angeles)
(p) 916-445-3456
(f) 916-445-0413
Herschel Rosenthal
(San Fernando Valley)
(p) 916-445-7928
Adam Schiff
(Pasadena, Burbank, Glendale, Tujunga)
(p) 916-445-5976
(f) 916-324-7543
Hilda Solis
(East LA, Alhambra, Irwindale, La Puente, Hacienda Heights)
(p) 916-445-1418
(f) 916-445-0485
Diane Watson
(Culver City, Crenshaw, East LA)
(p) 916-445-5215
(f) 916-327-2599
Assemblymembers
Northern California
Elaine Alquist
(Mountain View, San Jose, Santa Clara, Sunnyvale)
(p) 916-445-4253
(f) 916-323-9209
Dion Aroner
(Berkeley, Oakland, Richmond, San Pablo)
(p) 445-7554
(f) 916-445-6434
Valerie Brown
(Napa, Santa Rosa, Sonoma, Vallejo)
(p) 916-445-8492
(f) 916-322-0674
Jim Cuneen
(Cupertino, Campbell, Los Gatos, Los Altos, Monte Sereno, San Jose)
(p) 916-445-8305
(f) 916-323-9989
Liz Figueroa
(Fremont, Milpitas, Newark, San Jose)
(p) 916-445-7874
(f) 916-324-2936
Mike Honda
(San Jose)
(p) 916-445-8243
(f) 916-323-8898
Fred Keeley
(Santa Cruz, Carmel, Monterey)
(p) 916-445-8496
(p) 916-445-1826
Lynne Leach
(Walnut Creek, Lafayette, San Ramon, Dublin, Livermore, Pleasanton, Danville)
(p) 916-445-6161
(f) 916-327-5914
Ted Lempert
(San Carlos, Los Altos, Menlo Park, Palo Alto, Redwood City)
(p) 916-445-7632
(f) 916-324-6974
Kerry Mazzoni
(Novato, Petaluma, San Rafael, Rohnert Park)
(p) 916-445-7783
(f) 916-445-2840
Carole Migden -- THANK HER FOR HER SUPPORT!
(San Francisco)
(p) 916-445-8077
(f) 916-323-8984
Lou Papan
(Millbrae, Burlingame, San Mateo, Pacifica, San Bruno, Daly City, South San
Francisco)
(p) 916-445-8020
(f) 916-445-0511
Don Perata
(Alameda, Oakland, Piedmont)
(p) 916-445-7442
(f) 916-327-1941
Kevin Shelley
(San Francisco, Daly City)
(p) 916-445-8253
(f) 916-324-4899
Virginia Strom-Martin
(Arcata, Crescent City, Eureka, Fort Brag, Healdsburg, Lakeport, Santa
Rosa, Sebastopol, Ukiah, Windsor)
(p) 916-445-8360
(f) 916-322-5214
Mike Sweeney
(Castro Valley, Hayward, San Leandro, San Lorenzo, Union City)
(p) 916-445-8160
(f) 916-445-2305
Tom Torklakson
(Antioch, Concord, Martinez, Pittsburg, Pleasant Hill)
(p) 916-445-7890
(f) 916-327-2999
Tom Woods
(Orland, Red Bluff, Redding, Weed, Yuba City)
(p) 916-445-7266
(f) 916-448-6040
Assemblymembers
Southern California
Joe Baca
(Loma Linda, Rialto, San Bernadino, Colton)
(p) 916-445-7454
(f) 324-6980
Debra Bowen
(Torrance, Redondo Beach, Manhattan Beach, Venice, Hermosa Beach)
(p) 916-445-8528
(f) 916-327-2201
Cruz Bustamante
(Fresno, Visalia, Tulare)
(p)916-445-8514
(f) 916-324-7129
Tony Cardenas
(Northeast San Fernando Valley)
(p) 916-445-1616
(f) 916-325-6860
Gil Cedillo
(Central and downtown LA)
(p) 916-445-4843
(f) 916-443-6812
Susan Davis
(San Diego, North Park, Oak Park)
(p) 916-445-7210
(f) 916-324-7895
Denise Ducheney
(Chula Vista, south San Diego)
(p) 916-445-7556
(f) 322-2271
Martha Escutia
(Huntington Park, South Gate, Bell, Commerce)
(p) 916-445-8188
(f) 916-324-0012
Martin Gallegos
(Baldwin Park, Hacienda Heights, Industry, Azusa)
(p) 916-445-7610
(f) 916-327-9696
Sally Havice
(Artesia, Bellflower, Cerritos, Downe, Lakewood)
(p) 916-445-6047
(f) 916-327-1784
Bob Hertzberg
(San Fernando Valley-Van Nuys, Reseda, Studio City)
(p) 916-445-7644
(f) 916-323-8459
Wally Knox
(Sherman Oaks, Studio City, Beverly Hills, Fairfax, West Hollywood)
(p) 916-445-7440
(f) 916-323-5968
Sheila Kuehl
(Woodland Hills, Santa Monica, Agoura, Calabasas, Encino, Reseda, Brentwood)
(p) 916-445-4956
(f) 916-324-4454
Diane Martinez
(Monterey Park, Alhambra, Rosemead, San Gabriel)
(p) 916-445-7852
(f) 916-324-1393
Kevin Murray
(Century City, Crenshaw, Baldwin Hills, Culver City)
(p) 916-445-8800
(f) 916-445-8899
Grace Napolitano
(Santa Fe Springs, Norwalk, Motebello, Whittier, Pico Rivera)
(p) 916-445-0965
(f) 916-327-1203
Jack Scott
(Pasadena, Temple City, La Canada, Flintridge)
(p) 916-445-8211
(f) 916-323-9420
Speaker Antonio Villaraigosa
(Los Angeles)
(p) 916-445-0703
(f) 916-445-0764
Edward Vincent
(Inglewood, Hawthorne, Lennox, Westchester)
(p) 916-445-7533
(f) 916-327-3517
Carl Washington Jr.
(Watts, Gardena, Compton, Long Beach)
(p) 916-445-7486
(f) 916-447-3079
Howard Wayne
(La Jolla, Coronado, Mission Bay, Balboa Park)
(p) 916-445-2112
(f) 916-445-4001
Roderick Wright
(South Central LA)
(p) 916-445-2363
(f) 916-323-9640
------------------------------------------------------------
T H E S E A L E R T S are prepared by Headwaters Sanctuary Project
and distributed by Bay Area Action www.baaction.org
http://www.HeadwatersForest.org info: headwaters@enews.org
:AUGUST:14:1998..........LARGE METEOR SHOWER ON 18TH-22 AUGUST
Look out North America , Britain and Norway as you are in for a great show in the coming week.As
this year the meteor shower which always is about this time is going to the best show in years.Look
for the w grouped star form after 10pm BST and watch .
AUGUST:13:1998.........NEW PARK ON THE WAY FOR COATBRIDGE
Coatbridge will soon have a new country side park on their door step if all things go to plan.The park
will be on the edge of Airdrie at Whinhall down to Greenhill in Coatbridge.With a pond, woodland walk
way and a walk along paths to show the visitor the moss which has grown for 10,000 years unchange since
the last ice age. ..............
AUGUST:12:1998.........DEATH TRAP TO STAY AS NEW A8 UPGRADE IS KNOCK BACK....AGAIN
The UK goverment has once again put back plans to up grade the death trap of a road the A8/M8
which runs from Glasgow to Edinburgh south of Coatbridge at Shawhead.You may wonder why we
support this road project us being on the
green side of things ,but this is one road which needs major work done on it to bring it up to a
safe standard.The A8 at this point is not designed to deal with the amount of traffic which it has to do
just now.There has been talk that people should use more buses and that would help with the traffic.
Remember the same buses would also have to use this A8.The money which would have been spent on this road
is now going to be use to up grade the M25 around London .....................M mcmahon
:AUGUST:11:1998.........HOTEST JULY ON RECORD
July this year was the hottest on record with America and the med getting the hot blast since June.Also
the world temperature is up 1.1 o............
:AUGUST:10:1998.........NEWS OFFLINE
Star radio news service was knock out at the start off this month as a result of one error in a story
which had been sent in .Only stories under 20meg in size can been used ,and who wants to download
a 20meg file anyway.Sorry for any problems this might have caused........star radio
:AUGUST:05:1998.........EARTH IN NEAR MISS
On Monday night the earth was missed by two large asteroids by about 22million miles a distance which
worries astronomers,as a hit by just one of them would have caused a global catastrophe......
....Sent by j simpson
:AUGUST:02:1998.........INTERNET POP NOW 80MILLION
The global internet village is now up to 80 million strong and growing by 5,000 a day a new report says.
By the year 2000 it should see a jump to 300 million users the report says....
AUGUST:01:1998.........CLYDE FLOODS IN JULY
The river Clyde which normaly at this time of the year is low and at some parts 8 feet lower than in
winter,flooded at many places after a wet July .Crops which where planted at the river side and which
should have been ready for the harvest were under a few feet of water..........sent by m mcmahon
END OF ARCHIVE
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