Hurt Workers Not Represented in Kansas

We thank the Working Kansas Alliance for the following informative article.

On April 28^th workers all around our nation will observe Workers Memorial Day. Workers Memorial Day is a day to commemorate those who have perished or suffered injuries or illness on the job. Last year, 54 Kansas workers lost their lives while on the job and an additional 31,700 sustained injuries or illness at or because of their workplace, according to a report by the AFL-CIO. Because of the broken Workers Comp system in Kansas many of these workers and their families did not receive the just compensation they deserve. The Workers Comp system in Kansas is broken, and workers hurt on the job have the deck stacked against them.

The workers’ compensation program was established in the early 1900s to protect workers who are hurt on the job. In return for a measure of a security, workers gave up the right to sue their employers, protecting employers from lawsuit judgments that could bankrupt them. By 1920, nearly every state had enacted workers’ comp laws.
A recent trend has seen states attacking workers’ rights for compensation, and Kansas has joined them by relaxing the requirements on employers and making it difficult for workers to make claims when hurt on the job.

A key to proper compensation for workers is the diagnosis and recommended treatment by doctors. Insurance companies reserve the right to select doctors to evaluate a worker’s condition. Since insurance companies pay the doctors and select the doctors, the companies have a record of selecting only those doctors who will make decisions in favor of the insurance companies.

If doctors make professional and ethical decisions, and if their diagnosis favors the hurt worker, some insurance companies harass doctors if they provide expensive and prolonged treatments or if they prescribe expensive medications. Consequently, doctors with thriving practices often are not willing to accept worker compensation claims.

Also, insurance companies sometimes send a person making worker comp claims long distances to the doctors chosen by the insurance companies. Again, the workers’ rights and the “right diagnosis” are of lower priority than the insurance company’s intent to reduce payout for claims.

The injured worker must prove that the “prevailing factor” for any resulting injury was caused by the job. For example, if a person fell from a ladder, a doctor might claim that the resulting injury would not have happened if the worker did not have arthritis in the knee, claiming that arthritis was the prevailing factor, not the accident itself. Then the worker must appeal that decision before a workers comp judge.

In Kansas the appeals system is also stacked against the injured worker. In 2013 the Kansas Legislature created a committee of seven members to review appointments of judges to review disputed workers’ comp cases. Previously these administrative law judge nominees were chosen by a two-member panel — one representing business and the other representing labor.

Under the new system for selecting judges, the seven permanent members are made up primarily of groups that oppose workers’ rights: Kansas Chamber of Commerce, National Federation of Independent Businesses, Kansas State Council for Human Resource Management, Kansas Self-Insurers Association, a representative of the Kansas Secretary of Labor, a representative of labor chosen by the Kansas Secretary of Labor, and a person chosen by the Kansas AFL-CIO labor union.

In the best-case scenario, only three members are likely to support workers— the persons  selected by the Kansas AFL-CIO and the Kansas Secretary of Labor. However, because of the current administration's support of business interests, the governor and current state leaders expect appointees of the Kansas Secretary of Labor to reflect the administration's views opposing workers' rights; consequently, six members of the committee do not represent the interests of working Kansans.

This nominating committee picks nominees for ten judges and five appeals adjudicators when the positions come open and votes on retention every four years. In other words, they retain the ability to fire the judges of workers compensation.

As a result, workers hurt on the job have the system and the appeals process stacked against them.
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The Working Kansas Alliance is a coalition of union and non-union groups dedicated to protecting the rights of the hard working Kansas families that fuel our State’s economy. Our mission is to advocate for and promote policy solutions that strengthen working families and their Kansas communities.

Contacts: Terry Forsyth (terry.forsyth@knea.org (mailto:terry.forsyth@knea.org) ) or Conor Eubanks (conoreubanks8@gmail. com (mailto:conoreubanks8@gmail.com) )

The Broken Worker Comp System in Kansas

Written on February 23, 2016 by jakelowen in Action Alerts

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A recent change in the workers’ compensation appeal process results in a broken system that places workers at a disadvantage, and injured workers are not fairly compensated for injuries they suffer.

In 2013 the Kansas Legislature created a committee of seven members to review the appointment of judges to review disputed workers’ compensation cases after a worker is injured on the job. Previously these administrative law judge nominees were chosen by a two-member panel — one representing business and the other representing labor.

Under the new system for selecting judges, the seven permanent members are made up primarily of groups that oppose workers’ rights: Kansas Chamber of Commerce, National Federation of Independent Businesses, Kansas State Council for Human Resource Management, Kansas Self-Insurers Association, two people named by the Kansas Secretary of Labor, and a person named by the Kansas AFL-CIO labor union.

Because of the Brownback administration’s support of business interests, only two members are likely to support workers—the persons selected by the Kansas AFL-CIO and the Kansas Secretary of Labor. However, the governor and current state leaders expect the appointee of the Kansas Secretary of Labor to reflect the administration’s views opposing workers’ rights; consequently, six members of the committee do not represent the interests of working Kansans. This nominating committee picks nominees for ten judges and five appeals adjudicators when the positions come open and votes on retention every four years.

The workers’ compensation program, founded in the early 1900s, should protect workers who are hurt on the job, and every state has laws that require employers through insurance companies to pay workers’ medical bills and some of their lost wages. However, the requirements vary by state, and a recent trend has seen states attacking workers’ rights for compensation.

This is why the Working Kansas Alliance is calling for the Kansas Legislature to support HB 2635 and HB 2636. HB 2635 calls for the chairperson of the Workers Compensation and Employment Security Board Nominating Committee to rotate yearly between employee organizations and employer organizations. HB 2636 would increase the transparency of the Workers Compensation and Employment Security Board Nominating Committee by having it subjected to the Kansas Opens Records Act and also states that interviews of possible judges cannot be held in executive session.

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Statement to Board of Education

On Monday, April 25, 2106, Dorlan Bales of IWJ Kansas presented the following statement in oral testimony to an open meeting of the Board of Education for USD 259.

I am here today speaking on behalf of Interfaith Justice Workers, Kansas. We are part of a national movement building strong partnerships between faith communities, labor and other community organizations.

I am here today because we are grieving and we are angry. We grieve for you, members of the USD 259 BOE because our state legislators and governor have put you in the untenable position of having to make cuts in programs due to their negligence and failure to properly manage the state budget and finances. We grieve for teachers, students, librarians, custodians and parents who invest themselves in high quality educational under very trying, and yes I will say, taxing, conditions. We grieve because jobs are at stake that will effect the quality of education and the quality of life in our community.

And we are angry because we believe that privatizing custodial services, eliminating librarians, reducing programs and making other forced reductions in the name of efficiency is in reality simply a way to privatize profits and shift the burdens and costs on others and on our community.

Will privatization save USD 259 money? Of course it will if you only look at the bottom line. But members of our community,custodians and others, will pay the price. Wages will be cut, pensions will be shredded, insurance costs will rise.

Quality public education is more than a right. We believed providing quality public education is a sacred obligation to children, to families, and to the future. We cannot tell you how to fulfill this obligation. We can say that is your obligation as members of USD 259 BOE. Thank you.

Against Privatization

     Recently at the School Board meeting of USD259 privatization of

custodial personnel was considered. For that reason I would like to

present several reasons which militate against privatization.

     Traditionally custodial and other ministry personnel have been a

vital support for the positive outcome of a  service organization. They

 were tied to the whole venture by their salaries, benefits, and sense of

 of belonging . Workers knew that their contribution was part of the

 success of the organization.

     In these days those in charge of schools, hospitals and other service

organizations may feel the need to reduce costs. Private groups step up

and agree to the responsibility for workers and will certainly do so in a

way to accumulate profit.

     Who stands to lose out? The parent organization is no longer

accountable for salaries, days off, seniority, and even in place of work.

At the same time the ties that gave workers pride in the ministry

outcome is somewhat weakened. The privatizing group makes money.

The workers may suffer from lack of seniority status and attention to

their basic needs both in salary and benefits. They are no longer sure

that they are a vital part of the parent ministry.

     Some of the negatives have been realized in organizations which

have privatized. In some places, without close ties, the work has been

less acceptable. In the case of privatization of detention centers the

services provided were far from sufficient. A pathway for workers to

move from lower class to middle class is not there since incentives and

benefits formerly supplied, such as certain holidays, are eliminated.

Workers vitality is compromised.

     Use every means to support this issue of justice for workers.

Churches and individuals are asked to stand for workers on this present

Consideration.

Sister Dorothy LeBlanc
Interfaith Worker Justice, Kansas

Worker Memorial Day Event

Last year 54 Kansas workers lost their lives while on the job. An additional 31,700 sustained injuries or illness at or because of their workplace, according to a new report by the AFL-CIO. On Thursday, April 28th,  at 6:00 P.M., working families, faith leaders and local officials will gather at the Machinist Hall, 3830 S. Meridian in Wichita, for a dinner to commemorate those who have perished or suffered injuries or illness on the job, and call on Congress to create safe jobs for all working people. We will have a free catered dinner from Stroud’s Fried Chicken as we remember those Kansas Workers who lost their lives on the job and renew our commitment to fight for good, SAFE, jobs. Featured speakers will include representatives from Wichita area Labor Unions, the Occupational Safety and Health Administration (OSHA) and candidates for elected office.     Friend on Facebook Follow on Twitter Forward to a Friend

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Fact Sheet on the Impact of Privatization of Custodial Jobs in USD 259

The following fact sheet has been put together by the Service Employees Union (SEIU) Local 513, and is supported by Interfaith Worker Justice, Kansas.

Privatizing Wichita Public Schools custodial services will have an adverse effect on Wichita's middle class and communities of color, increasing income inequality and further stressing already beleaguered communities.

Privatization of custodial services will disproportionately effect predominantly Black and Brown neighborhoods.

More than one-half of Wichita Public School custodians are African-American or Hispanic--so privatizing custodial positions will disproportionately affect communities of color.*

Wichita communities of color are already severely economically stressed. A recent article in The Wichita Eagle noted that 42 percent of the people living in zip code 67214 are below the poverty line.**

Privatizing these jobs will degrade the middle class and create poverty level jobs.

The current starting pay for Wichita public school custodians is over $12 an hour--contrast this starting wage with the average starting pay for all custodians (which includes the private sector) in the Wichita MSA of $10 an hour.***

In addition to pay, Wichita school custodians receive paid holidays, vacation, sick leave, health insurance, and retirement benefits.

Private custodial companies offer savings by cutting wages and benefits. It is not unusual for a company to cut wages by $2 to $6 an hour with the highest paid (longest term) employees losing the most. Custodians will pay more for health insurance. Private companies rarely offer retirement benefits or pay for time off. Frequently, such companies cut employee hours of work.****

* Wichita Public Schools, EEO-5, Job Analysis, 06/10/2014
** Wichita has one of the sharpest divides between rich and poor, according to study," The Wichita Eagle, 2.25.2016.
*** US Bureau of Labor Statistics
**** "Outsourcing Public Service Rewards Corporations and Punishes the Middle Class," In The Public Interest, June 2014.

Worker Memorial Day, April 28, 2016

From Judy Pierce, President

Wichita Hutchinson Labor Federation

Every year in late April, the unions of the AFL-CIO observe Workers Memorial Day to remember those who have suffered and died on the job and to renew our efforts for safe workplaces. This year the struggle continues to create good jobs in this country that are safe and healthy and to ensure the freedom of workers to form unions and, through their unions, to speak out and bargain for respect and a better future. It’s time for our country to fulfill the promise of safe jobs for all.

Please join the Wichita / Hutchinson Labor Federation as we commemorate Workers Memorial Day with our annual dinner onThursday April 28th, 6pm at the Machinist Hall – 3830 S. Meridian, Wichita. We will have a free catered dinner from Stroud’s Fried Chicken as we remember those Kansas Workers who lost their lives on the job and renew our commitment to fight for good, SAFE, jobs.

Interfaith Worker Justice, Kansas is proud to be an affiliate of the Wichita Hutchinson Labor Federation and a participant in this event.

More information and a flyer you can download / print at: whlaborfed.org

Democracy Awakening: April 16-18

In April 2016, more than 200 organizations representing a diverse array of movements and hundreds of thousands of people are coming together to demand a democracy that works for all of us – a nation where our votes are not denied  and money doesn’t buy access and power. Join us as we converge upon Washington, D.C. for an array of actions, including demonstrations, teach-ins, direct action trainings, music, a Rally for Democracy, and pressing for a Congress of Conscience through non-violent direct action and advocacy. Together we will build a nation that is truly of, by and for the people.

WHY

American democracy is premised on the fundamental tenet, “one person, one vote,” but since the very beginning, we’ve had to fight for every voice to be heard and every vote to be counted. 

Today, we’re fighting for change on many fronts – for action on climate change, racial justice, workers’ rights and fair pay, safe food and water, health care, peace, immigration reform and improvements in education. But an array of barriers are keeping regular Americans shut out of the political process, from restrictive voting laws suppressing the voting rights of people of color, seniors, students, and low-income Americans, to a campaign finance landscape that allows big money to increasingly shape elections and the policy-making process.

For both money in politics and voting rights, the U.S. Supreme Court has eviscerated laws that once protected the voices and votes of everyday Americans. And for both issues, Congress has solutions in front of them, but has so far failed to act. And now the Senate is blocking fair consideration of the nominee to fill the Supreme Court vacancy, including timely hearings and a vote by the full Senate.

It’s time for us to come together and claim a democracy where every voice is heard and every vote counts equally — in other words, a democracy that works for all of us.

It’s time for a Democracy Awakening.

That’s why we are mobilizing. And that’s why we need you to join us.

Our Demands

We need a Congress that stands up for democracy rather than stands in its way. Here’s the agenda we’re calling for Congress to pass:

·         Fair consideration of the nominee to fill the Supreme Court vacancy, including timely hearings and a vote by the full Senate.

·         The Voting Rights Advancement Act (H.R. 2867, S. 1659), legislation that would restore the protections against voting discrimination that were struck down by the U.S. Supreme Court in its Shelby County v. Holder decision, and make additional, critical updates to the Voting Rights Act of 1965.

·         The Voter Empowerment Act (H.R. 12), legislation to modernize voter registration, prevent deceptive practices that keep people from the ballot box and ensure equal access to voting for all.

·         The Democracy For All Amendment (H.J.Res. 22, S.J.Res. 5), a constitutional amendment that would overturn U.S. Supreme Court decisions like Citizens United and allow elected representatives to set commonsense limits on money in elections.

·         The Government By the People Act/Fair Elections Now Act (H.R. 20 and S. 1538), a small donor empowerment measure that would encourage and amplify small contributions from everyday Americans.

Our reform agenda is aimed at creating a democracy where every voice is heard and every vote counts equally — in other words, a democracy that works for all of us.

Cllick on the box for a link to Democracy Awakening

 

Copyright © 2016, Democracy Awakening

Website design: Flying Dog Creative

Home page photo: "Civil rights march from Selma to Montgomery, Ala" by Peter Pettus (Library of Congress, Public Domain)

Verizon Workers Need Support Now

This morning, April 13, 2016, 36,000 Verizon workers, members of the Communications Workers of America, went on strike. It is the largest labor strike since 45,000 Verizon workers went on strike in 2011.

The workers represent Verizon landline, high-speed Internet, and television services in the Northeast. The union says that the strike will not end until Verizon ends its push to send jobs to Mexico and overseas, stops intimidating Verizon wireless workers, drops demands to cut retirement and benefits, protects job security, and ends the practice of making workers move away from their homes and families for months at a time.

Verizon claims that the workers are ignoring today's digital realities. The company's landline business is declining.

According to CNN, Verizon posted $8.9 billion in operating profits in its wireless business in 2015. The company's wireline business sales were up 9 percent in 2015. CWA reports that the company made $39 billion in profits over the last three years, and $1.8 billion in the first quarter of 2016. Meanwhile, Verizon has outsourced 5,000 jobs.

Nineteen Democratic Senators and Bernie Sanders have written to Verizon and urged the company to reach an agreement. You can join them by going to this link:

https://actionnetwork.org/petitions/stand-with-striking-verizon-workers-2?source=email&