Labor Unions

[Gregory Matthews]

Labor Unions:  By a vote of 361 to 144 the medical residents of Loma Linda University have voted to Unionize.  As the University is objecting to this in Court, this is only the first step in what will be a long process, with no certainty as to how it will end.  It should be noted that the official position of the SDA Church allowes members to join and work for a labor union. The University agrees with that position.  It simply asserts that it is against their religious principles to bargain with a labor union.  See:

https://spectrummagazine.org/news/2023/loma-linda-university-medical-residents-vote-yes-union

[Rahab]

Hmmmm….EGW has something to say on that one..

[Gregory Matthews]

1. So, it looks like about 300 of the people eligible to vote did not vote either way. As a minimum, that tells us that the vast majority of those eligible to vote were not against a labor union.
2. Some years ago the corporate structure of our health-care organizations split off from the organized Church in an attempt to reduce the financial liability of the Church for medical torts. My understanding of current case law on this issue suggests to me that those protections from financial liability are not as strong as was once thought. However, that corporate restructure in my thinking may make to harder for one of our health-car organizations to claim a religious belief as protection from bargaining with a labor union.
3. As I understand it, in Brazil, a large per-cent of employed people belong to labor unions, to include SDA members. I wonder what position the SDA Church has taken in Brazil in regard to bargaining with a labor union that represented employes in SDA health-care institutions.
4. As a denomination, labor union membership is not a subject of church discipline, but is considered to be a matter of individual choice. That positions results in my thinking it strange that the SDA Church would claim a religious objection to the bargaining process.
5. In my life I have personally known a number of Chief Executive Officers who have managed SDA hospitals and other hospitals. I am reminded of one who told me that in his experience he had a better time working with a hospital that was unionized than one that was not.
6. Resulting from my personal experience in a hospital that had a labor union both management and labor understood the clear boundaries of their role. From this perspective, issues were resolved in a timely manner understood by all. In that hospital employees were not required to join, or to pay money to, a labor union. Employees who went outside of the labor union to resolve issues generally cost management in time and effort, and legal representational costs, more than issues in which the Union was involved.

[Gregory Matthews]

Yes. Rahab,  EGW does have something to say about labor unions.  The following is a published article that I once wrote on this issue.  NOTE:  This article is about the 9-years that I spent as a Labor Union Steward representing VA employees in relations with management.  During those 9-years, the General Conference was fully aware of what I was doing and never, not once objected.

Robert[1] was in trouble.  For some 20 years he had provided clinical services to hospitalized patients.  Now he was facing discipline for inattention to detail that was compromising patient care.  I was a chaplain in the hospital where Robert was employed.  He had been told that if he wanted help he should come to me.  He was confused by this advice, as he had never before asked a clergyperson for advice and help.  Now he was sitting in my office asking me for help.

I listened to his story and told him that I would be glad to help.  But, I might need information contained in his personal medical files.   As a clinician, I had access to those records.  I would need his permission to share that information with management.  Robert agreed and signed the documents for me to access  his clinical records, share them with management and represent him in the proposed disciplinary action.

As I met with management, I shared with them that Robert was undergoing a loss of vision, which might ultimately lead to blindness.  It was not a lack of attention to detail.  It was a medical condition that had caused his failure to properly perform his duties.  Acting on Robert’s behalf, I claimed his protections under the provisions of the Americans With Disabilities Act.  Management immediately agreed to suspend the disciplinary action while they gave further study to the situation.

Soon an agreement was reached.  Robert was removed from clinical care.  He put in for immediate voluntary retirement.  The disciplinary action was revoked and Robert moved to retirement life on the Gulf coast.

Yes, Robert could have informed his Supervisor of his loss of vision.  But, Robert was not emotionally ready to admit that he was going blind.  He needed me to help him to come to grips with that reality and to make rational plans for his future.  In dealing with management, I brought something else to the table that Robert  could not personally bring.  I represented him on behalf of a Federally chartered labor union.  I could tell management that they had some statutory obligations to Robert and that they needed to work with me to achieve a solution that was in the best interests of both Robert and the patients whom he served.

In view of what Ellen White has said about labor unions, how could I, as a SDA minister, become a labor union representative acting on behalf of the hospital employees.

A major portion of Ellen White’s statements about labor unions are related to end time events, establishment of our health-care institutions and living and working in the cities.[2]  She clearly associated violence with the labor unions of her day.[3]  Ellen White wrote much of this council around the turn of the century.  In the period between 1899 and 1925, the man known as Harry Orchard acting behalf of a labor union is estimated to have killed between 17 and 26 persons.  These included:  Frank Stunenberg, the former Governor of Idaho.  His unsuccessful attempts included the Governor of Colorado and two Colorado Supreme Court Justices.[4]  Within the context of those violent events, the view of Ellen White was understandable.  She added to this list of her objections to labor union involvement, the idea that members of labor unions could not possibly keep God’s commandments.[5]  I understand Ellen White to believe that relations between labor unions and management were inherently conflicting in a manner that blunted the ability of the Christian to bear witness to the coming of the Lord.  Of course, to her, it was more important not to do anything that would blunt one’s Christian witness.

As I reviewed Ellen White’s council on labor unions, the question to me was:  Is it possible for me to associate with a labor union in a manner that does not blunt my Christian witness, allow me to keep the requirements of God and to not patriciate in violent activities?  The first part of my answer came when I realized that Federal Labor Unions are a different class of labor union from the most commonly known unions of today.  They can not strike.  Union representatives must be given official time for performing their duties and therefore receive their normal pay for the time that they spend on labor union work.  The Preamble to the 2011 Master Agreement, that I used states that management and labor will cooperatively work together on a foundation of mutual trust, respect and responsibility, in a manner that achieves the responsibility to provide quality service to our veterans.[6]  Other employee protections exist for members of the Federal Unions that may not apply to other union members.[7]

With this understanding, I agreed to have my name submitted to the Executive Board for a leadership position.[8] Certain members felt on the basis of discussion with me that I could not fulfill my duties in the manner that they wanted me to perform.  So, Tom, a national leader was called in to talk with me and to make a recommendation to the Executive Board.   I told him that I believed that all people had the right to due process as well as the right to tell their story to management and that I would commit to those rights without exception.  I then told him that I intended to be recognized by all for bringing “honesty and integrity” to the process.

I then began an in-depth discussion with Tom as to the Adventist position toward labor unions, the boundaries that this would place on my involvement with the union and the manner in which I intended to represent employees.  At the end of 45 minutes, Tom looked at me and said:  “Chaplain, this has been of immense informational value to me.  I have learned a lot.  But, I cannot give this any more time.  I am going to support you for this leadership position.’  The Executive Board then gave me the position.

Early in my representational duties, the same people who had objected to me getting the positon objected three times to the manner in which I was representing employees.  Each time, Tom was called upon to review my work and to make a decision.  Each time he told the Local President that he supported the manner in which I was representing the employees.  From that time on, no one attempted to change the manner in which I handled cases.  Upon my retirement the Local President said:  “As you know there were times when I did not agree with how you were representing an employee.  But, I let you do it your way and every time =you proved that you were right.

Management came to see me as a person who would assertively represent the employee,[9] but as an “honest broker.”  With this perception I began to take more complex cases that might directly involve a decision by the hospital CEO.  In one case involving a person who had been terminated from employment I told management that the termination was in violation of the law.  There was an attorney waiting in the wings to file a lawsuit and to ask for a large cash settlement.  But, the employee would rather come back to work than to receive a large cash settlement.  I reached an agreement in which  the employee gave up the right to file litigation and he was rehired at an increase in pay.

At another time, I asked the CEO to give a fired employee a chance to tell her story, why she should be rehired.  The CEO granted my request, which did not have to be granted.  During the hearing I stopped the process to tell the CEO that I did not write the statement and the employee was speaking from  her heart.  The CEO responded:  I know that Chaplain.  I have read enough of your written material to know when you have written a document.  At the end of the hearing, the CEO turned to the HR representative and said:  Work out an agreement with the chaplain to rehire her and bring it to me for my signature.  The employee was rehired, in another position at a decrease in pay.  But, she had employment and could continue on toward retirement.

In representing employees, I worked in a much broader field than the disciplinary area.  I worked to get employees she training and mentoring that they needed to successfully perform their duties.  I worked to see that they were appropriately classified and paid according to the work that they did.  In one of my early cases, management agreed to increase the salary of a low-paid employee by one dollar an hour because he was working beyond his job classification.  In return for not requesting a retroactive increase in in pay, management gave him a $1,000  performance award.  In another case a recently retired U.S. Naval Captain wanted to put his male employees into uniform blazers, with coordinating shirts, ties and sacks.  When I brought up the idea that to do so would subject those employees to the provisions of the hospital policy on uniforms along with payments of uniform allowances for care, replacement and upkeep, the idea was dropped.

At the time of my retirement, I had worked for nine years representing employees in the name of a Federal labor union.  When I began this work, I felt that God was leading me in this direction.  I remain convinced of that.  As a result of my labor union position, I have worked closely with people that would other wise never have entered my office.  Each has been told that if I were to be successful in achieving what they wanted, they would have to tell the truth.  If they did not tell the truth, management would know and the figurative ax would fall on them.

In regular training sessions, sometimes over a period of several days, I closely interacted with national Union leaders.  I became well known.  If I were to tell them that I did not want to participate in some activity, I would immediately be told that I did not have to participate.

I believe that the council of Ellen White is valid for the time and circumstances in which she gave it. But, I do not believe that the application of her council will fit in every situation today.  It may apply in some cases and to some labor unions today.  As I understand the principles of her advice, that application would not be made to the situation that I was in.  I was often able to work with management to resolve situations to the benefit of all.  If this failed, I had the ability to take the issue before an Administrative Law Judge who would decide the issue.  There were times when an agreement could not be reached and I took the case to mediation.  Those cases resulted in settlements in as non-confrontational a manner as was possible.  Sometimes people just cannot agree.  The methods that I used to come to agreement are the methods of a civilized society, that has chosen not to use the violent methods that Ellen White saw in her time.  The methods that I used follow the biblical commands to give to Caesar what belongs to Caesar.

Society today has given rights to both employees and management.  It has established methods by which disagreements may be resolved.  In many cases access to those methods realistically is restricted to labor union members, often due to the costs involved.[10]

Yes, Seventh-day Adventists will want to carefully consider their membership and participation in labor union activities.  Where this can take place with neither compromise to their convictions nor infringement on their Christian witness, the denomination should not discourage them from such membership and participation.[11]

 

 

 

 

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[1] To protect the privacy of the individuals mentioned in this article, names and other identifying information has been changed.

[2] See Adventist Home, page 136, 7T, page 84; Maranatha, page 182;  Letter 26, 1903. & 2 SM, Page 141ff.

[3] See The Upward Look, page 334.

[4] For the story of Orchard’s life and conversion to Adventism see the James Nix article in the May 16, 2014 issue of The Adventist Review.

[5] See Maranatha, page 182; Letter 26, 1903 and Manuscript Release 129, page 179.

[6] Master Agreement Between the Department of Veterans Affairs and the American Federation of Government Employees, 2011, VA Pamphlet 05-68.

[7] Federal Unions cannot use member money for political purposes.  Any political contribution must be totally voluntarily and separate from union dues.  On the Grievance level, Federal Unions must represent, without charge, all members of the Bargaining Unit regardless of whether or not those people are members of the labor union.

[8] The original submission was for employee representational duties and some financial oversight as to how Union spending was documented.  At the end of the first year,  I stepped down from the position of financial oversight and I only served in a representational duties from that time on.

[9] In one exceedingly complex case that involved alleged misconduct by a supervisor, I filed a document that exceeded 240 pages in length.

[10] I could take a case to the Merit System Protection  or the National Labor Relations Board, at no cost to the union member.  A non-union member would typically pay an attorney up front a fee of from five to ten thousand dollars and could face a total potential legal bill of seventy to one hundred thousand dollars, which might not be recoverable.

[11] The official positon of the denomination is stated in North American Division of Seventh-day Adventists, Religious Liberty Manual  (date unknown), page 27, HR 30144 Union Membership:  “Seventh-day Adventist employees in secular workplaces are to follow the dictates of their consciences in matters of labor union membership.”

[Gregory Matthews]

For those interested in the SDA position toward labor  unions, the following article, not written by me, informs on this subject.

See:  https://www.libertymagazine.org/article/labor-unions-seventh-day-adventists-and-pioneer-ellen-white-a-complicated-h

 

[Gustave]

For some people a labor union is the only shot they have at fairness / justice. I'd be the 1st to agree that many labor unions are maggoty in that they support anti-Christian issues and seem to primarily get behind liberal Politics, despite this Unions can be a persons only shot at justice and anyone against that should really look at themselves. 

I leveraged Pastor Matthews experience in a union matter a family member was going through that took years to resolve - I was very appreciative for the experience Pastor Matthews had in organized labor. 

Whatever else Ellen White was she was also a product of her time and wrote on many topics, some of which were completely wrong. A logical approach would be to take the good and apply it and leave the bad stuff behind. 

[Hanseng]

In New York, some urinals in newly constructed  public restrooms included a small sign which said ~ "You are urinating here courtesy of John Gotti." Ties between labor unions and organized crime are legendary

"Historically, organized criminal groups such as La Cosa Nostra or the Mafia gained substantial corrupt influence, and even control, over labor unions by creating a climate of fear and intimidation among employers and union members by threats and acts of violence.  Working the United States Attorney’s Offices, the Labor-Management Racketeering Unit in OCGS has assisted criminal prosecution and civil RICO lawsuits to eliminate such corrupt influence and control of labor unions and their affiliated organizations."

Infiltrated Labor Unions (justice.gov)

OTOH, living in Angwin, I was unable to find a competent mechanic to fix an electrical problem in a car I owned. Professionals said they didn't deal with electrical problems. Shade tree types were unable to fix the problem. Fortunately, down the hill in Napa, there was a union trained electrician who  skillfully fixed the problem for a reasonable cost.  Generally, if you want a job done by a skilled professional, you can be fairly certain that a union trained individual is right for the job. Or you could get an illegal immigrant to do the job for half the price and leave you with a mess.

[Rahab]

Wow!!  I believe one should give it much thought as you apparently did so. GM. 
 

As we get closer and closer to the end we should be even more careful as things are changing rapidly.