Local Meetings

   California Healthy Workplace Advocates, May 30th, 2009 Meeting Minutes
I. Mission- The mission of the California Healthy Workplace Advocates is to raise public awareness and to compel our State to correct and prevent abusive work environments through legislation.
CHWA held its meeting for the second time at Denny's Restaurant on "J" Street, close to Old Town Sacramento.   The address is 925 3rd Street, Sacramento 95814, Ph 916-443-1951.
States & Provinces with current anti-workplace bullying legislation:
   CT, IL, MA, NV, NJ, NY, OK, OR, OT, VT, UT
A. Illinois Lobby Day successfully promotes Healthy Workplace Advocates’ mission –Bullybusters firmly believe that citizen lobbying indeed pays. (http://www.google.com/hostednews/ap/article/ALeqM5gJFwRqehf7pwnaW78VA82K3YhZNAD97ENDCO0) Illinois Healthy Workplace Advocates converged on that state’s capitol in Springfield on Earth Day. They unearthed the notion that Illinois workers were being riddled with bullying on the job. IllinoisHWA.org met with several legislators, including Representative Art Turner, sponsor of Illinois House Bill 374, Abusive Work Environments Act.
Illinois Governor Pat Quinn told Bullybusters to be patient.   Bullybusters have been waiting a decade, so patience is clearly the long suit. The Illinois group is sorry that HB 374 has been tabled inside the Rules Committee. But a study bill, Illinois House Joint Resolution 40, Workplace Bullying, is going forward. By December 2010, the Illinois legislature should know what Bullybusters have known since 2007 when the WBI-Zogby results came in: Nearly half of all US workers have been negatively impacted by bullying which is presently legal in the workplace throughout our great nation. http://www.prlog.org/10215891-healthy-workplace-citizen-lobby-day-at-illinois-state-c apitol-on-april-22-2009.html

B. Ontario has Workplace Bullying bill – Hats off to the Canadian Provence of Ontario for their progressive stance. “Violence and harassment have no place in the workplace. That’s the message Ontario is sending by introducing legislative amendments to the Occupational Health and Safety Act that would, if passed, help protect workers from workplace violence and harassment.” http://www.labour.gov.on.ca/english/news/2009/09-37.html
To monitor the bill’s progress: http://www.ontla.on.ca/web/home.do For text of the bill: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2181 From the Ontario Federation of Teachers: http://www.marketwire.com/press-release/Ontario-Secondary-School-Teachers'-Federation-Osstf-977456.html Adding to the fervor in Canada: British Columbia has Healthy Workplace legislation pending.

C. Start spreading the news, New York has a study bill – Any day now, the Empire State will announce their study bill like the Illinois study bill. Abuse in the workplace is rampant and causing great problems for every one of these United States.
But New York’s success will shine a bright light on the rest of us. New York and California are the states with the most extensive, well-funded, widely researched legislatures in this country. They are the bellwether states for legislation. Once a bill is playing in Albany, the rest of the country will watch the show. To stay up to date on their progress, visit:   http://nyhwa.org/.

D. New Jersey PBS program discusses workplace bullying bill – Check this out! Due Process is an enlightening program which studies legal issues. Their April 13th program explored workplace bullying. You can click on this link to watch the whole show captured from cyberspace and preserved on the Workplace Bullying Institute website. Arguments for and against this legislation are covered briefly in this half hour. Citizen lobbyist can learn quite a bit of what the opposition will throw in opposition of the Workplace Bullying Bill. Of course “driving jobs from the state” is the major fear. If every nation had this law, such an argument would be pointless from a state’s prospective. The woman who presents this lame, Chamber-of-Commerce-driven argument is none other than the sister of conservative Supreme Course Justice Samuel Alito.    http://www.workplacebullying.org/2009/04/13/njn/ For a business news article about this NJ bill: http://www.app.com/article/20090526/BUSINESS/905260322/1003

E. Medical (and educational) Road Rage reviewed – Teachers and nurses are indeed being bludgeoned in the field. These professionals are mad as hell and not going to take it anymore. Check out this succinct article about the bullying doctor case in Indiana and its impact on JACHO, the organization that accredits US hospitals. The Joint Commission knows that bullying is going on in our hospitals. JACHO knows these bad behaviors are having a very negative effect on patient care. As for the teachers, Bullybusters are starting a new program this summer in Sioux City, Iowa. We are hoping this will become the prototype for many school districts to recognize and prevent bullying among adults in the educational environment. Ultimately, we hope the students will be learning to stop schoolyard bullying from good role models. http://www.workplacebullying.org/2009/01/17/trends-putting-a-stop-to-medical-road-rage/

I. Bullying in Media
A. Same-sex marriage storms the country and globe – In the darker days of American history, many states told white people that they could not marry black people. After the 1964 Civil Rights Amendment passed, we slowing put those antiquated laws behind us. Eventually, we will outgrow our discrimination against same-sex marriage. This takes a basic human right from 10% of our population. Denying the right to marry is an extreme form of state-sanctioned bullying. Since 2001, six states and six countries have granted people the right to marry whichever person they choose. Over twice as many other countries and states are presently debating such a change in their laws. http://en.wikipedia.org/wiki/Same-sex_marriage
On May 26th, the California Supreme Court decided to uphold the narrow margin (52% to 48%) of ‘yes’ votes on Proposition 8, the November 4, 2008 initiative that legitimized same-sex marriage for now. The Court’s decision was based on a point of law concerning an initiative’s power to trump a legislative decision when it changes the Constitution, not on the moralities of sexuality within a marriage. For a fairly exhaustive look at this recent development, however temporary, read this Washington Post analysis:   http://www.washingtonpost.com/wpdyn/content/article/2009/05/26/AR2009052600363.html?hpid=topnews    A more concise editorial that simply explains the point of law and probable future of same-sex marriage can be read at:   http://www.sacbee.com/editorials/story/1893643.html

B. Must Cheney and Rumsfeld pay? – The nonpartisan, nonprofit citizens’ lobby and advocacy organization, Common Cause writes that former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, and their legal team had explicitly authorized heinous acts of torture.

“Rumsfeld and Cheney had used torture to try to find any information that would link 9/11 and Saddam Hussein, pressuring military officials ‘to do whatever it took.’ They authorized such atrocities to justify their own false claims about the need to go to war in Iraq - for political cover.
As a country, we cannot let such abusers of power go quietly into the night. All across the country, there is a growing chorus of groups and individuals committed to the Constitution and the rule of law that are calling for an investigation into the Bush Administration's abuses of power.”
We haven’t heard the last of this. When people find out your indeed have been a bully, they most often want their pound of flesh. Not much has been seen or heard from Rumsfeld of late, but Cheney has been all over the media, a radical change from his clandestine days as the nation’s VP.   The real question is “Where does the buck stop on this question of authorizing torture?” http://www.washingtonpost.com/wp-dyn/content/article/2009/04/24/AR2009042403171.html?hpid=topnews Or, see how a single documentary, Torturing Democracy, can change the world for the better by exposing torture for what it is, a crime against all humanity: http://www.pbs.org/moyers/journal/index-flash.html

C. Norm Coleman obstructs Al Franken and entire United States – From liberal netroots organization, Move-On.org comes the following about the US Senate race in Minnesota:
Norm Coleman knows Al Franken won. The courts just finished counting and recounting all potential ballots, and the results are clear: Al Franken got more votes than Norm Coleman did. In fact, this last round of Coleman challenges actually widened Franken's lead.
But Coleman is betting on the fact that Al Franken doesn't have the funds to keep fighting a long legal battle. (www.alfranken.com) So instead of conceding gracefully, Coleman plans to appeal this final ruling, and drag this case through the Minnesota Supreme Court for several more months. It's cynical. It's selfish. And it's hurting Minnesotans—not to mention Obama's ability to pass real health care reform, create millions of green jobs, and build a new-energy economy. This is an extreme case of obstructionism that’s using our courts to slow our country.
For a more moderate take on this ballyhoo that disgusts most Minnesotans: http://www.npr.org/templates/story/story.php?storyId=102572247

D. New Jersey teacher can sue for defamation but not for school’s response –
Lady Teacher charges Man Teacher with sexual harassment and later states to him that the amount of stress in her would kill someone. Man Teacher then tells Administration that Lady Teacher threatened to kill 22 people, the number of students in her class. Administration thinks Lady Teacher poses threat to Students. Lady Teacher is forced to hospital and through psychiatric evaluation. Lady Teacher “lawyers up” and sues anyone and everyone connected to the incident. The Court rules that Lady Teacher can sue for defamation, but not for District’s attempts to protect Students. Court says nothing about two Teacher’s Aides who corroborated Lady Teacher’s version of her own words. Sounds like a bully’s retaliation to a Bullybuster. We will try to follow this case to report the outcome of the tort charges that go forward. http://www.law.com/jsp/article.jsp?id=1202430077806 and http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-13/1239941734248630.xml&coll=1

E. National Labor Relations Board rulings are in doubt – “It’s a terrible mess.” Over 300 rulings made in the past year by the NLRB may be considered invalid. Only two members of the Board made decisions when there should have been five members deciding. “…Democrats who controlled Congress objected to President George W. Bush's labor policies and refused to confirm nominees considered too pro-business.” http://www.cbsnews.com/stories/2009/05/01/business/main4983001.shtml
Considering some of the powder puff decisions made by the NLRB under the Bush Administration, this mess is a small one to clean up compared to what might have been. Labor took a backseat to business for seven long years. That last year may have been a save. http://edlabor.house.gov/publications/NLRBreport071306.pdf

III. Climate at our Capitol in Sacramento

A. Propositions 1A, B, C, D, E, and F fall flat – What the heck happened with those propositions? What were they about anyway? Taxes? Who would understand them? If voters don’t “get it,” they aren’t going to buy it. The few of us who did vote, put a cautionary ‘no’ vote on our ballots 65% of the time on average. We are seeing the consequences in the form of budget cuts now. It’s too late to undue our votes. But we will be trying to understand them for a long time. Sacramento Bee columnist Dan Walters writes about the fallout. In his usual style, he gives concise background along with his editorializing about impending slashes in health, welfare, education, law enforcement, prisons, and firefighting. This week, a probable 5% cut in pay to state workers was announced. Sounds like a small sum until it comes from your own pocket. http://www.sacbee.com/walters/story/1876481.html

B. Constitutional Convention getting closer – Perhaps because of the failed propositions 1A through 1F, a Constitutional Convention for California seems even more imminent than ever. For 130 years the present state Constitution has served as the law of the land. It is one of the longest constitutions in the world with one of the more convoluted methods for amendments and revisions.
Big money has learned that it can change the Constitution with media sound bites and expensive mailers rather than waiting for two-thirds of the legislature. As voters, we don’t have near the resources to study and understand the parameters of a given change as has the legislature with its extensive time allotments and research staff.   The reality of our world has changed immensely in the last 130 years and the Constitution should keep up with those changes. Certainly, the CA Supreme Court decision on Prop 8 will highlight the need for this important discussion, as has the recent failure of Props 1A through 1F. http://www.sacbee.com/walters/story/1887472.html and http://en.wikipedia.org/wiki/California_Constitution

C. CalChamber’s job- killer list for 2009 is born – Every year the California Chamber of Commerce publishes its job-killer list. Couched in the most negative terms possible, this repressive lobbying organization does what it can to thwart legislative progress at almost every turn. For instance, Assembly Member Fiona Ma is once again taking forward a bill to make paid sick leave mandatory in California. The Chamber is all over this one, even it if would be good for the greater society. Wouldn’t anything that serves the greater society also be good for business? Check out this naysay list: http://www.calchamber.com/GovernmentRelations/Pages/JobKillers2009.aspx.

D. Paid Sick Leave bill makes job-killer list, again – Paid sick leave is presently mandated in San Francisco. So far, the sky has not fallen and businesses have not rushed away from the City by the Bay. We know that the majority of people without paid sick leave work in the lower half of paid jobs were workers can least afford not to go to work. Therefore, we are often having our children watched, our elders nursed, our groceries bagged, and our food served by those who may be sick, contagious, and who should have stayed home. In these days of swine flu, why shouldn’t California and the all of the United States come in line with the rest of the industrialized world?   http://news.yahoo.com/s/ap/20090501/ap_on_re_us/swine_flu_sick_days And yet, CalChamber’s job-killer list disparages Assembly Member Fiona Ma’s Assembly Bill 1000, “Unreasonably expands employers’ costs and liability for a new protected and paid sick leave for employees.” Shame on them! Is it ‘unreasonable’ to be human and wise at the same time?   Do Chamber members never get sick?

E. Former CA State Senator Don Perata cleared of all charges – It took 5 years and millions of dollars in legal defense, but the former Democratic State Senator and President pro tempore of the California Senate has cleared his name of charges for influence peddling in California government. The most curious thing about is case is as follows:
“The case began nearly five years ago as an investigation by FBI agents in the San Francisco office of the bureau. But the U.S. Attorney's office in San Francisco decided against filing charges and, in a highly unusual move, the FBI agents brought the case to Sacramento’s U.S. attorney and asked for a review by that office.”
Considering the conditions in the highly politicized US Justice Department since 2000, it’s not too surprising that incredible irregularities might have occurred with respect to members of an opposition party, particularly when they were Californian Democrats. http://www.sacbee.com/topstories/story/1895974.html

F. Senate Bill 220 enhances CA whistleblower protections – “Senator Yee [this session] reintroduced a bill to increase and better define the legal rights of all state whistleblowers. The Governor vetoed the measure last year, stating that due to the delay in passing the State Budget, he was only signing bills of the highest priority. SB 220 will cut down on the length of administrative hearings, resulting in considerable savings for whistleblowers and taxpayers.”
“’Without whistleblowers, government works in a vacuum and is often not accountable to the people it is supposed to serve,’” said Yee. “’SB 220 will make certain whistleblowers are not left vulnerable to years of administrative hearings at the expense of themselves and taxpayers.’” http://dist08.casen.govoffice.com/index.asp?Type=B_PR&SEC=%7BEFA496BC-EDC8-4E38-9CC7-68D37AC03DFF%7D&DE=%7BD32B2923-4D4A-4A85-AD74-524EE132DAA7%7D
A state whistleblower still has to file his complaint with the State Personnel Board, but if SB 220 becomes law, he will not then have wait for months (or sometimes years) for a ‘right to sue’ letter which would ‘exhaust his administrative remedies.’ Bullybusters have known targets who suffered from what seemed to be obstructionism by SPB roadblocks. The ‘Arbuckle case’ that has improved whistleblower protections after 7 years of litigation can be read about in lay terms under “CALIFORNIA SUPREME COURT GREENLIGHTS PUBLIC EMPLOYEE'S WHISTLEBLOWER SUIT” at: http://bashamparker.blogspot.com/search/label/Whistleblower
Senator Yee’s bill will bring state law in compliance with judicial review. The text of the bill can be read at: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0201-0250/sb_220_bill_20090413_amended_sen_v98.html

IV. Announcements

A. George Clooney makes courtroom drama about detainees – Politico filmmaker George Clooney is making either an Academy Award winner or a box office bomb about the detainee who was a driver for Osama bin Laden. To read about the movie, visit: http://sigmundcarlandalfred.wordpress.com/2008/08/10/clooney-buys-rights-to-story-of-bin-ladens-driver-wants-to-portray-hamdan-as-victim/ To read about the important Supreme Court case of Hamdan v. Rumsfeld, visit: http://en.wikipedia.org/wiki/Hamdan_v._Rumsfeld.

B. Leading with Kindness makes good sense – “Businessmen and professors, William F. Baker and Michael O’Malley, have travelled across the country seeking the kindest companies and leaders. They found that the better employees were treated, the most successful companies were.” Here’s a positive book on labor relations: Leading with Kindness: How Good People Consistently Get Superior Results. http://www.wliw.org/leadingwithkindness/

C. A blog named “Spot” will keep you laughing – If you need to laugh, check out this dictionary of workplace bullying humor: http://stonecast.blogspot.com/2009/04/other-forms-of-workplace-bullying.html Even if workplace bullying is not funny in reality, sometimes it helps to laugh.

D. Free Choice Act looms large on labor’s horizon – Should unions be formed by secret ballot, or will signing union cards be sufficient? “Employers are virtually free to threaten, coerce, and intimidate employees, if unionism is in the air. While such bullying is illegal*, the penalties are negligible and most employers will incur them to defend against the greater evil of having to bargain with a union.” http://www.joplinglobe.com/editorial/local_story_129092857.html?keyword=secondarystory.
*Discrimination or bullying against employees to encourage or discourage acts in support of a labor organization is one of the five unfair labor practices under the 1935 National Labor Relations Act.

E. Marlene’s memorial lives on – Here’s a story of work that hurt so much Marlene Braun just couldn’t take living any longer. When Bullybusters are told a job is so horrible that a target is considering suicide, believe her. If you don’t think that people can be driven to kill themselves, then you have never heard of Jonestown.   http://www.workplacebullying.org/targets/impact/braun/braun.html

F. Health reform expected by August – Bullybusters hear often from targets who have been driven off the job because they might drive up the health care costs for their employers. Unfortunately, many of these targets are already ill and their workplace bullies are making them sicker. Frequently, the targets stay and take the abuse because they can ‘ill’ afford to quit and lose their healthcare benefits. We seriously need to rethink the notion of tying healthcare to employment, especially during these days of overly-corporatized America. http://www.ajc.com/services/content/news/stories/2009/05/14/health0514.html?cxtype=ybuzz

G. Medicare fraud and whistleblowers – The next time someone argues that our nation cannot afford universal healthcare, remind them that the US has the most expensive heath care in the world. We pay twice as much for our care as does the second most expensive country of Germany. Why? The profit margin for hospital, doctor, and pharmaceutical corporations along with the fraud and price fixing they shelter and perpetuate are the reasons. Finally, someone is going to hold them accountable. Add weak whistleblower protections and we have a mess that is not working for us. http://www.apria.com/resources/1,2725,494-936602,00.html

H. New York Times examines women bullying women – This article generated a plethora of similar articles around the entire globe. Why? Because everybody sensationalizes a “bitch fight.” http://www.nytimes.com/2009/05/10/business/10women.html?_r=1&ref=business

I. ‘Equal opportunity harasser defense’ defends profanity - Here’s a tale about a boss who huffed, puffed, cursed and blew his employees’ health down. While profanity does not have to be sexually explicit, it certainly can be abusive workplace bullying. “As a general rule, your workplace can be disrespectful, degrading and positively hostile.” No law broken here, yet!   http://www.washingtonpost.com/wp-dyn/content/article/2009/05/27/AR2009052702636.html
J. The Bully at Work – second edition is ready! - Updated to include the 2007 Workplace Bullying Institute-Zogby International poll on workplace bullying and several other new developments, this famous work by the Doctors Ruth and Gary Namie is now available at Amazon. Bullybusters do not exaggerate when they say that many targets of work abuse have reported how this book saved their lives. The despair that accompanies being targeted can be so overwhelming that many succumb to nervous breakdowns, serious physical illness and dysfunction, and even suicide or homicide. Reading this can’t-put-down book is just what the doctors order for those of us who are looking into the face of a Goliath at work. Bullybusters are known to keep a few copies of The Bully at Work handy to give to friends and family members who run into their own workplace bullies before their situations become catastrophic. And more than a few targets have known to ‘accidently’ leave a copy lying on their desks at work, hoping the ‘right’ person might just take a hint and start practicing the Golden Rule. http://www.amazon.com/Bully-Work-2E-Reclaim-Dignity/dp/1402224265/ref=sr_1_2?ie=UTF8&s=books&qid=1243792243&sr=1-2