Date: Sun, 25 Aug 1996 15:05:54 -0700 (PDT) From: <goforth-AT-igc.apc.org> Subject: Social Justice E-Zine #22 **************************************************************** ******************************************************** ******************************************** *********** *** * URBACIDE: Urbacide is the systematic eradication of the cultural essence of a city. Military tactics include the deliberate obliteration of houses of worship, schools, museums, libraries, burial grounds, media outlets and cultural monuments. The term Urbacide was coined to describe the Serbian siege of Sarajevo during the Yugoslavian civil war. In the case of Sarajevo, urbacide was employed in an attempt to break the will of a multicultural city which refused to succumb to the forces of tribalism. SOCIAL JUSTICE #22 AUGUST 21, 1996, 1996 Kim Goforth Ray Goforth **************************************************************** **************************************************************** IN THIS ISSUE: 1) OPENING NOTES ON THE ZINE 2) UNION SUMMER BREATHES NEW LIFE INTO AMERICAN LABOR MOVEMENT 3) BILL BRICKER: NUCLEAR WHISTLEBLOWER 4) MICROSOFT APOLOGIZES OVER RACIST & HOMOPHOBIC THESAURUS 5) FIRST KNOWN JUDICIAL MISCONDUCT COMPLAINT BASED ON SEXUAL ORIENTATION INVOLVES DOMESTIC ABUSE CASE. 6) FREE SPEECH 101: ACLU GIVES PRINCETON UNIVERSITY AN "F" FOR BARRING POLITICAL SPEECH ON ITS COMPUTER NETWORK. **************************************************************** **************************************************************** Welcome to the latest issue of SOCIAL JUSTICE E-ZINE. The name Social Justice encompasses the struggles of people everywhere who work for gender equality, democratic government, economic opportunity, intellectual freedom, environmental protection, and human rights. Social Justice is an electronic magazine (e-zine) designed for free distribution through the internet. Feel free to make copies and share with friends (or enemies). Think of this as a regular magazine without the recycling. If there's nothing you want to read in this issue, just hit delete. Those wishing to be added to the subscription list (or conversely, those who want off the list) should write to us at: goforth-AT-igc.apc.org Some of our other projects: Social Justice: http://www.tripod.com/~goforth/socialjustice.html Progressive Web Site: http://www.geocities.com/capitolhill/2915 Feminist Web Site: http://www.geocities.com/capitolhill/2995 Human Rights in China: http://www.tripod.com/~hric/hric.html ***************************************************************** ***************************************************************** UNION SUMMER BREATHES NEW LIFE INTO AMERICAN LABOR MOVEMENT by Ray Goforth As we near the close of the twentieth century, the United States and much of the "first world" are in the midst of significant structural changes to their economies. Beginning in the early 1970's, western economies began evolving into a different form in the industrialized world. Capital became far more mobile. Rapid advances in electronics technology made it possible to decentralize and globalize business activities. Inflation gnawed away at the investment attractiveness of industrial centers. These were all the beginnings of the transition to a post-industrial economy. In many ways, the transition to post-industrial capitalism is as profound a period of change as the Industrial Revolution. The nature of work, the relationship between citizen and state, and the whole web of social relationships that evolved in the post- World War II period are undergoing rapid change. The behaviors and assumptions that guided the western world for forty years seem to no longer apply. What is at stake during this period of transition is the formation of the new economic, social and political relationships that will carry us into the next millennia. What set of values will the American people embrace and what will be the consequences of those decisions? One answer to this question is a historic effort by the "new" AFL-CIO. The Union Summer campaign has been modeled after the 1964 Freedom Summer campaign which challenged institutionalized racism to register african-american voters in the American South. The aim of Union Summer is to place 1,000 college students and other young people as labor organizing interns around the United States. "Since we first announced this initiative, we have been flooded with applications from workers and students interested in becoming Union Summer activists," AFL-CIO president John Sweeney said. "From strawberry fields in California to supermarkets in the midwest to hospitals in the northeast to voter registration sites in the deep south, Union Summer activists will be fighting for the rights of working people, for fairness and dignity, for a better America. We are convinced that Union Summer can change America." This initiative comes at an important crossroads for the American Union movement. Union membership has been dwindling for decades and the manufacturing sector of the economy it was dependant upon has dwindled even more. Union leadership was slow to recognize the depth of economic restructuring that hit the country in waves beginning in the 1970's. As most unions stuck to tired old strategies, they became less and less relevant to the average working American. Unions increasing cut deals with management that sacrificed new union members (providing reduced or nonexistent benefits) to subsidize the benefit packages of older workers. Now, after a successful revolution, the "new" AFL-CIO is set to demonstrate whether it can create a union movement for the new millennium. By reaching out to younger workers and those in the emerging service sector, Union Summer has a good chance of success. Union Summer volunteer Ebony Vines is certainly excited about the possibility: "My generation is coming of age at a time when jobs are scarce and secure jobs even scarcer. A living wage is not something we can count on. It's something we have to fight for. Unions were there to fight for my parents. They're there to fight for me. No other institution out there really seems to care about workers. I want to be part of the fight for justice." For more information please contact: Union Summer 815 Sixteenth Street N.W. Washington, DC 20006 United States of America phone: (800) 952-2550 fax: (202) 408-0303 ***************************************************************** ***************************************************************** BILL BRICKER: NUCLEAR WHISTLEBLOWER In 1987, Ed Bricker, a Hanford Nuclear Process Operator, elevated his concerns over severe nuclear safety deficiencies to a United States Congressional subcommittee investigating Hanford. Despite his efforts to keep his communications with Congress quiet, Hanford management became aware of his activities, and directed the security department to "devise a plan" that would result in the termination of Bricker from his job. The Hanford security forces went after Ed with a vengeance, interviewing Ed's co-workers, friends, and neighbors, and compiling a huge dossier on Bricker that required 14 ring binders to accommodate. Bricker was ordered twice for psychiatric evaluation by management, and was assigned menial and humiliating jobs as punishment for his status as "spy for the government." In 1990, the Department of Labor ruled that Hanford contractors had deliberately targeted Ed Bricker for termination because of his protected reports to Congress and the news media. Five years of litigation ensued, with the Department of Energy paying the litigation costs of the contractors, which amounted to over one million dollars. The case was finally settled in December 1994 for $200,000. But that wasn't the only fallout from the Bricker case. Congress, the national news media and various government agencies all got involved in reviewing Ed Bricker's case. When, in 1993, a federal judge threw out Bricker's federal claims against contractors Westinghouse and Rockwell, on the grounds that "Congress never meant to protect" employees like Bricker, Congress reacted. Citing the judge's decision, it amended the employee protection provisions of the Energy Reorganization Act to include contractor employees like Bricker. Fast forward to June 1996. Even though Ed Bricker is gone from Hanford, his memory lingers on in the minds of the Cold Warriors at Hanford. And that memory is visited, in a negative way, upon his brother, Bill. A health physicist by training, Bill Bricker has worked at Hanford since 1984, moving from Rockwell to Westinghouse in 1987, and then, against his wishes, to Bechtel in the fall of 1993. Bill Bricker raised numerous concerns about Hanford practices, including: * circumventing safety procedures and good practices to show gains in decommissioning at the expense of worker safety; * unqualified workers performing N Reactor Operator work. For instance, untrained workers were operating forklifts, bridge cranes, 30-ton cranes, and rigging devices; * poor mechanisms for tracking personnel radiation exposure; * decommissioning and decontamination ("D&D") Workers' disregard of Lock and Tag procedures at the N Basin. Lock and Tag procedures are used for the protection of personnel to prevent the inadvertent energizing of electrical equipment, movement of hazardous solution, and/or exposure to radioactive and hazardous materials. Operators were finding torn off Lock and Tag tags which D&D workers were stashing in random desk drawers and other hiding places on site. D&D workers were also failing to log Lock and Tag changes in the appropriate log books. In addition, equipment that was supposed to be "locked and tagged" had been illegally put back into service for use. The unauthorized removal of Lock and Tags could lead to both the degradation of the environment due to the leakage of contamination as well as severe danger to workers who fail to wear proper protective clothing or respiratory protection. Bill Bricker was walking in the steps of his older brother, but Ed had bequeathed to his younger brother something that wasn't available to Ed: a law to protect workers from reprisal from the employers for reporting concerns. So when Bechtel, and its subcontractor, TMA, Inc., targeted Bill Bricker for layoff, Bill had recourse. He filed a whistleblower retaliation claim with the United States Department of Labor. The U.S. Department of Labor investigated, and recently ruled in favor of Bill Bricker. In the Labor Department finding, the District Director of the Wage & Hour Division of the Department of Labor, based out of Seattle,Washington found that Bricker had "made disclosures of a nature protected" by law, and stated, "While the firm contends that a non-biased reduction-in-force resulted in his termination, this investigation concluded that he was identified early as an undesirable employee and transferred to a dead end and vulnerable job resulting in termination. The rating system used to rank employees for termination purposes allowed the firms to select him out of the group to be retained with minimal effort. While his supervisor and manager indicated he was a competent employee it is also apparent that they intended him to go." The Labor Department ordered Bechtel and TMA, Inc. to reinstate Bill Bricker in a position as Site Safety Officer or equivalent, restoration of all benefits, back pay from the effective date of the layoff to the date of reinstatement, attorney's fees and costs, and expungement of all negative references from his files. The finding in Bill Bricker's case comes on the heels of three high-profile terminations of Hanford whistleblowers which occurred immediately prior to a visit by the United States Secretary of Energy, Hazel R. O'Leary, to the Hanford Site. O'Leary has been praised for instituting some of the deepest reforms designed to protect whistleblowers at DOE sites. Tom Carpenter, Director of the West Coast Office of GAP stated: "The new wave of whistleblower reprisals at Hanford are of grave concern to us and hopefully to the folks at DOE headquarters and the field office. It is clear that the message of the Secretary is being ignored at Hanford, and that more attention is needed at this site." Bechtel and TMA have announced that they are appealing the Labor Department decision. The question remains, will the DOE support Bricker this time, or will it provide money to Bechtel, the world's largest construction company in the world, to litigate against Bill Bricker. For More Information Contact: Government Accountability Project 1402 Third Avenue, Suite 1215 Seattle, WA 98101 United States of America phone: (206) 292-2850 fax: (206) 292-0610 tomcgap-AT-halcyon.com http://www.halcyon.com/tomcgap ***************************************************************** ***************************************************************** MICROSOFT APOLOGIZES OVER RACIST & HOMOPHOBIC THESAURUS by Ray Goforth Microsoft took out newspaper advertising in Mexico and Spain last month apologizing for racist synonyms included in the spanish language version of Word 6.0. Some of the offending phrases included "savage" and "man-eater" as synonyms for Indian while "pervert" was referenced to lesbian. On the other end of the spectrum the thesaurus gave "civilized, white and aryan" as synonyms for "western." Microsoft officials have set out to correct the problem promising that a new version of the thesaurus will be available free from their website soon. **************************************************************** **************************************************************** FIRST KNOWN JUDICIAL MISCONDUCT COMPLAINT BASED ON SEXUAL ORIENTATION INVOLVES DOMESTIC ABUSE CASE. (NEW YORK, June 20, 1996) On behalf of a lesbian thrown out of court when she sought protection from domestic abuse, Lambda Legal Defense and Education Fund today filed a complaint of judicial misconduct against a judge in Wilmington, Delaware. The judge threatened to jail the woman if she tried to return to court and dismissed her case as involving "funny relationships," ordering her and her former partner out of his courtroom. Both women were in court for a hearing while the city Solicitor's Office pursued a charge of aggravated harassment against the former partner. "This judge would slam the doors of justice in the face of an abused woman, simply because the judge is prejudiced against lesbians and gay men," said David Buckel, staff attorney for Lambda, the national gay legal organization. "Gay people, like straight people, sometimes must resort to the courts to ensure their safety, and they have the right to equal access to those courts," he said. The complaint, filed with the state's Court on the Judiciary, is the first known case in Delaware alleging judicial misconduct based on sexual orientation discrimination. To protect the confidentiality of the woman in this domestic abuse case, her name and that of the judge are not being released. The woman, who has a young daughter, allegedly was stalked by her former partner, whom she also said made harassing phone calls to her employer, friends and family and slashed the tires of a friend's car. At a hearing in December, 1995, the judge rejected the case for involving two lesbians and domestic abuse, saying: "You all have these funny relationships -- that's fine -- I have nothing to do with it, but don't bring it in here for me to try to decide, I don't know how to handle it. Now take this stuff out of here, I'm dismissing the case, you all control your business another way, get out of here. It's too much for me. Don't bring it back -- the next time you come back, I'll put somebody in jail." The entire courtroom then erupted in laughter. "I have never been so humiliated, hurt, and disgusted as I was that day," the woman stated in her complaint. "I am a human being, I am a tax-paying citizen, I am a proud black American, I am a proud lesbian American, and I am a mother with the duty to teach my daughter values I am not some alien >from another planet with funny relationships,'" she said. As often happens following incomplete actions against domestic abusers, the former partner later escalated the harassment and physically attacked the woman's new partner, the woman said. "I live in fear for myself and for my loved ones," she said. Wilmington Chief Prosecutor Anthony Forcina, said, "I realize the victim was humiliated by what occurred that day. Regardless of sexual orientation, all people are entitled to have their day in court." Forcina added, "My office will support any victim of domestic violence." Charges against the judge include violations of Delaware's Code of Judicial Conduct, which requires that judges act "in a manner that promotes public confidence in the integrity and impartiality of the judiciary" and avoid actions that might be interpreted as bias against "personal characteristics," including sexual orientation. The complaint calls for the court to enforce its Code of Judicial Conduct, investigate whether sexual orientation discrimination has harmed others attempting access to Delaware courts, require the judge to undergo sensitivity training with respect to lesbians and gay men in the judicial system, and censure or at least reprimand the judge for his misconduct. Lambda Executive Director Kevin Cathcart called on Delaware and other states to step up efforts against anti-gay discrimination by judges. "Court doors might have been open for this lesbian, and she might have found safety, if more judges were educated to not discriminate against lesbians and gay men. Non-discrimination prohibitions must be more than a footnote in state judiciary codes, as they now are for Delaware. Judicial education must aggressively address anti-gay discrimination," Cathcart said. "Just last month, the California State Court system took the additional step of funding a $25,000 study to determine the extent of sexual orientation bias in the courts," he added. The American Bar Association (ABA) recommended in 1990, that all state codes on judicial conduct adopt non-discrimination prohibitions that include sexual orientation, which 25 states did, including Georgia, Idaho, Kansas, Maine, Maryland, and West Virginia. Delaware, instead, added a footnote to the commentary section of its code with a general nondiscrimination provision. Lambda Legal Defense and Education Fund is the nation's oldest and largest legal organization dedicated to achieving full recognition of the civil rights of lesbians, gay men, and people with HIV/AIDS. It has headquarters in New York and regional offices in Chicago and Los Angeles, with plans to open an Atlanta office in 1997. For More Information: LAMBDA LEGAL DEFENSE AND EDUCATION FUND David Buckel, 212/995-8585 Peg Byron, 212/995-9475 **************************************************************** **************************************************************** FREE SPEECH 101: ACLU GIVES PRINCETON UNIVERSITY AN "F" FOR BARRING POLITICAL SPEECH ON ITS COMPUTER NETWORK. Wednesday, August 15, 1996 NEW YORK--In a letter sent today to Princeton University officials, the American Civil Liberties Union urged them to reconsider a policy barring students and staff from using the computer network for "political purposes." The letter was sparked by complaints the ACLU national office received over a recent memo from Princeton officials advising faculty, staff and students, "especially in this year of a presidential election," that the school's not-for-profit status barred it from allowing use of the computer network "for political purposes." The ACLU called this conclusion mistaken, pointing out in its letter that the Internal Revenue Code specifies that only the University itself is barred from political activity -- not faculty, staff, or students acting independently. In fact, the ACLU said, the IRS has previously held that statements in support of political candidates appearing on the editorial page of a student newspaper would not be considered violations of a university's 501(c)(3) tax-exempt status. "Because there exists no legitimate reason for Princeton's blanket prohibition of political speech over the computer network," the ACLU letter stated, "it is an unjustified content-based restriction on the free expression rights of students, faculty and staff. Therefore, the policy is not only unworthy of a great university like Princeton, it is in violation of the New Jersey State Constitution." The letter was signed by ACLU national staff attorney Ann Beeson and David Rocah, staff attorney of the ACLU of New Jersey. "We understand the university's concerns regarding it's tax-exempt status," Rocah said. "But this is free speech 101. Sadly, Princeton is not making the grade." Rocah said the ACLU would consider legal action if the university refuses to drop its censorship policy. "Traditionally, college campuses are the center of political discussion and debate," said Beeson. "The fact that the debate is taking place on the Internet does not mean that the speech is any less deserving of protection." Beeson added that the policy could bar students and staff from a wide range of protected expression, including downloading position papers from the Dole or Clinton website; sending e-mail to their parents urging them to vote for Ralph Nader; and organizing online discussion groups for student chapters of politically active groups such as Greenpeace. In short, Rocah said, "Everything that would be acceptable, even welcome, off-line, becomes off-limits on the Internet." In its letter, the ACLU called on the school to take a leadership role in the academic community: "As a school with a well-deserved reputation as a leader in American higher education, Princeton should be the first to promote and defend academic freedom and freedom of expression within its community, to the very limits of the law," the letter said. Beeson added that the ACLU is working to develop model guidelines for colleges and universities to help sort out the confusion in academia regarding free expression on the Internet. Many schools have already put in place "Appropriate Use Policies" to police student and faculty computer use, some of which violate rights of free expression, Beeson said. For More Information Contact American Civil Liberties Union Ann Beeson, ACLU National (212) 944-9800, x788 David Rocah, ACLU of New Jersey (201) 642-2084 ACLU's website <http://www.aclu.org>and America Online site (keyword: ACLU).] **************************************************************** **************************************************************** For those who have inquired: We (Ray and Kim Goforth) spent several years doing progressive political organizing work in southern California. We moved to Seattle, Washington, USA in 1988 where we took positions with different social service agencies. In 1995, we both completed undergraduate degrees in political-economy at The Evergreen State College. We are currently law students at the University of Washington. Kim's area of interest is women's and children's advocacy. Ray's is sustainable development and human rights. * *** *********** ******************************************** ******************************************************** **************************************************************** --- from list marxism-AT-lists.village.virginia.edu ---
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