MARSHALL MONROE HICKS MEMORIAL SCHOLARSHIP PROGRAM

The Council has created a scholarship program in honor of Marshall Hicks, the past president of our National Union and former Council President. Our memory of Marshall is that he was a kind and quiet man who was very knowledgeable and the Union was his life. There was not a time when you couldn't call Marshall and ask him for his advice. He helped whenever he could and was always there for us. This scholarship program is certainly a befitting honor in his memory and will help the members of the Council to educate their children. Marshall was an educator in his own right and will certainly be missed, but never forgotten.

Utility Deregulation

The National Union and many other international unions have determined that deregulation of electric utilities is one of the most important issues that we have ever had to deal with. If not done properly, it will cost us jobs and be a detriment to our communities. The Council has been working diligently to educate our legislators, members and the public of the dangers of radical deregulation and the serious consequences which could result if it is not done slowly and carefully. The deregulation of the electric utilities is proceeding in the state legislature and they are combining all of the public acts into one act so deregulation will only affect one act. The combination of these acts into one act is a difficult process. The House Public Utilities Committee is trying to draft an act which is policy neutral so that deregulation can be done next year with one act. However, there are many corporations, attorneys and lobbyists who are fighting over whether the bill is policy neutral and does not change anything currently in existence. If the bill is to be passed as a policy neutral act which will be a foundation for deregulation, those attorneys should allow it to pass and leave it alone. However, they are not doing so and the bill should probably be held until a time when the manner in which deregulation will occur is agreed upon for the State of Michigan.

The Council has been working with Region IV Director Ron LaForest to build a coalition with the Building Trades, IBEW and others who depend on the utilities in Michigan for jobs and a healthy community. There are environmental and citizen groups who are also involved and who share many of the same concerns that we have for safe reliable electric and gas service, jobs and the financial health and well being of the public and our communities. The coalition is called "Protect Michigan" and the Council has a member serving on its Executive Board.

National activity on Deregulation

Council President Ruffner has been elected to the Executive Board of our National Union and has been designated as the contact person and coordinator for deregulation in the State of Michigan for the Utility Workers Union of America. Please have your Local Union contact the Council office if you would like someone to attend a meeting in your area to explain and discuss deregulation.

National Safety Council on Deregulation

At the National Safety Council's Labor Division meeting in October, the Council representatives in attendance were able to convince the Labor Division to adopt a policy of concern for public and worker safety if deregulation is not done properly. As a result of the Labor Division adopting this position, it has been recommended that the National Safety Council adopt this concern when dealing with our legislators in Washington on passage of upcoming bills on deregulation. The National Safety Council is a non-partisan organization that knows the value of protecting public and worker safety because of the higher costs of not doing so. They know that accidents and fatalities cost corporations much more than protecting safety because of the costs of human suffering, liability and lost productivity. We are hopeful that the National Safety Council will strongly express its concerns of public and worker safety with Congress, and that if deregulation is done without standards for quality, reliability, public and worker safety, it will cost us all more and actually raise rates.

Do your part on Deregulation

It is important to our survival that each and every one of us take an active role concerning electric and gas deregulation. We know that if electric deregulation is not done properly it will result in lower rates for the few at the expense of higher rates for residential and small business customers. We also know that in conjunction with electric deregulation, if not done properly, it will have an adverse impact on the gas side of the industry. Contact or write your legislators and express your and our concerns that if deregulation is not done to benefit all classes of customers, it will most likely have an adverse effect on the environment, public and worker safety. It very well could have a negative effect on jobs, not only for utility workers but for others as well and the tax base that supports our schools, fire and police support and all the jobs in our communities which depend on a healthy utility and purchasing power of the community for all jobs which support every aspect of our communities churches, schools, etc.

Contact your legislators, talk to your friends and family so that there will be much public debate on the proper way to deregulate the electric and gas utilities.

Gas Jobs

The Council is putting together another proposal to get more gas jobs and obtain an agreement from the Company that we will do the work and not subcontractors. We have already lost some of the stake and locate work and it is clear that we will lose more work if we don't do something to keep it. We and the Company both know that the subcontractors are doing poor work and we want to reach an agreement before the Company finds a reputable contractor that will do our work without problems. There were initially problems with the stake and locate work and the Company is slowly getting those problems and complaints worked out. We have a couple of strategies (1) We can beat the Company up over the problems and have the Company dig their feet in and make sure we don't get the work while they work the problems out with the contractors, or (2) We can find a solution that will give us the work and give the Company the flexibility that they feel they need to survive in a deregulated environment. We will try the second option first but if we are not successful, we may only be left with the alternative of exposing the contractor and the Company for the poor work that the contractor does. It has been made clear to the Company that if we do not reach agreement to get the work, there may not be any reason to protect it.

Protective Clothing

The Council has been informed by the Company that they expect our Line Workers to wear only natural fiber clothing to comply with OSHA standards. The Council feels that the Company has not bargained in good faith on this issue and has asked that the Council grievance on this issue be expedited. The Company clearly agreed they were not going to implement a policy containing strict enforcement of the regulations, until a pilot program could be completed. The Company agreed to put together a joint pilot program to address the clothing that would best suit the needs of our Members and to comply with the regulations. After the agreement, the Company dragged their feet and then notified the Council that the joint committee would only be looking at outer wear that they might provide, however, they now have told us that they would only look at a protective vest.

The Company clearly violated the intent of the pilot program which was to review all clothing to determine what was appropriate to comply with the rules. The Company is now saying that everyone has to be in compliance and wear natural fiber clothing. We are not certain how they are going to enforce a rule or policy which in itself does not comply with the regulations and we have maintained our position that it is the Company's responsibility to provide protective clothing.

This issue will obviously not be resolved until an arbitrator makes a ruling, therefore, if anyone purchases clothing, save your receipts. The Council has requested arbitration and that the Company expedite the scheduling of that case.

Drug and Alcohol Testing - An important reminder for some and very important information for new employees who use drugs or alcohol.

If you use drugs and/or have an alcohol dependence, you should seek help as soon as possible. If you are unwilling to seek assistance to stop using drugs and/or a dependence on alcohol, you may be putting your job in jeopardy. The federal government has mandated that certain occupations be subject to random drug and alcohol testing. Employees who refuse to recognize that they cannot use illegal drugs or report for work under the influence of alcohol will eventually lose their jobs. Even if you are not subject to random testing, if you report for work evidencing alcohol use or impairment or get in an accident and are tested as a result of an accident, your employment may also be in jeopardy. Don't jeopardize your ability to support your family with the wages and benefits that you receive by not taking care of a drug and/or alcohol dependence.

Review Appendix #48, page 209 of the Working Agreement to see how your employment could be jeopardized by positive drug or alcohol tests.

If you have an illegal drug (including drugs not prescribed specifically for you) and/or alcohol use or dependence, contact the Employee Assistance Provider endorsed by your Local Union. Take care of your use or dependence, your job, and your family, before it takes care of you.

Health Care

Within the last six months the Council has become aware of an increase in the number of Members experiencing problems with health care payments. We found that this increase was due to "R&C" (Reasonable and Customary) cuts. After pressing the Company for an explanation, the Company found and reported to the Council that Aetna had changed the method used to calculate R&C. This was done without the Company's knowledge or consent. We have met with the Company in an effort to correct this situation. The Company has taken steps with Aetna to try to correct the problem and we are still waiting for more information to fully assess the affects on our Members. It appears that the problems began some time in March and corrective measures were instituted in mid-November. It is our position that the Company should hold Aetna responsible for any added cost to Members as a result of these changes which were not agree to by the Council. If any Members have had "R&C" cuts to their health care payments, they should contact Teresa Zaski at (517) 788-0708 for corrections and also notify their Local Union of any problems that are not corrected.

Job Performance Reports

More and more around the state the Company is using JPR's to deny employees job transfers and/or promotions. They also use JPR's against employees for discipline purposes. The Company uses JPR's as if they were a 100% reflection of an employee, and not for what they really are, which is just one person's (supervisor's) viewpoint, and in many cases a slanted viewpoint at best. We all know that if you have a personality conflict with your supervisor, it not only could, but more than likely will&nbsp have a big impact on how your supervisor evaluates you.

JPR's that are negative in part or whole, should be viewed for how the Company improperly uses them as if they were Letters of Discipline that are placed in your file and used against you for five years. In 1995, the Council was successful in getting the time limit reduced on how long a letter of discipline could remain in your personnel file (from four years to two years, Article III, Section 8b). However, when it comes to JPR's, the Company retains them in your file for five years.

If and when you are receiving your JPR, and you disagree with how your supervisor has evaluated you, you should attempt to resolve the difference at that time. If you are unsuccessful at resolving the difference, contact your Local Union Representatives and have them attempt to settle the difference informally. If the difference cannot be resolved informally, a formal grievance can be filed on your behalf. Remember, if the JPR's go unchallenged, the Company will use them against you for five years!

Gas Contractors' Goofs

With the Company's refusal of the last gas proposal, the Council will be enlisting the help of all of the Membership. We will be compiling and using the information that you provide to try and reclaim the jobs that we have lost to contractors. The information that we need from you is documentation of mistakes and misinformation by contractors. We need dates and addresses where contractors tell customers that they have cracked heat exchangers, when they don't. We also need to know when complaints are received from construction people or DPW workers concerning incorrect staking performed by the contractors. This includes response time not met for staking emergencies. If you become aware of appointments not kept for appliance work performed by contractors, or any other complaints that you hear from customers regarding contractors, document it. All of this information will be very important. Please take a minute to write it down and give it to a Local Union Representative so that it can be passed on to the Council.

Safety Update

The Council has become aware of a series of near-misses. One such incident involved contacting a 138 kV line with the knuckle of a boom of a Spec 82. Fortunately, no injuries resulted from the contact, however, both front tires were flattened and inspection panels were blown open. The employees were operating in a difficult area under less than desirable weather conditions. It's sad to say, but in the utility business in Michigan, those conditions are common, and if not the norm, then very close to it.

A safe day at work will not just happen. It is something that we must all work very hard at to achieve, both individually and collectively. Make safety your number one priority. Help your employer live up to its slogan, Safety First and Always. Use your Joint Safety Committees to invite OSHA reps, the Department of Transportation, and other governmental agencies to attend your Local Safety Meetings. These people can educate you on new and existing laws or regulations which are designed to enhance your safety on the job.

Statistics prove that we will have several near-misses or minor accidents prior to a serious injury or a fatality. Please work safely!

Thomas J Wojtala, Sr.

Region IV Senior National Representative, Thomas J Wojtala, Sr. passed away suddenly on January 16, 1997 at the age of 57.

Brother Wojtala began his career with the UWUA at Local 223-Detroit Edison at the Delray Power Plant. During a period of approximately six years, Tom served as Steward, Chief Steward and Division Chairman, which he held at the time of his appointment to National Representative in 1970. Tom spent his entire career representing Members of UWUA or trying to organize the unorganized. He was a dedicated Union Brother and definitely an asset to the UWUA.

Tom leaves behind a daughter, Teresa, a son, Thomas J Wojtala, Jr., and his wife, Lynn.

The Council extends its prayers and deepest sympathy to Tom's family - he will be sadly missed.

Health Care Update

As you all know from the last News Letter we have been experiencing some problems with Aetna's administration of Reasonable and Customary provisions in the traditional health care plan. Prior to March when Aetna changed their method of calculating R&C they used data collected from their own experience in regions throughout the state to establish R&C limits. This data was used to set the limit such that 85 to 90 out of 100 claims submitted for a given procedure would be paid in full without R&C cuts. After March of 1996 Aetna changed the data base used for this calculation to include data from other insurance carriers. The affect of this change was that R&C limits on some procedures were reduced, and in some cases the reduction was very drastic. After the Council brought this problem to the Company's attention the Company instructed Aetna to begin paying claims at the 90th percentile versus the 85th to 90th percentile and to add a "liberalization factor" equal to the lessor of 20% or $50. The Company believes that this action will restore coverage to the pre March 1996 level. The Company has also instructed Aetna to recalculate any claims resubmitted using this new level of benefits. If you had claims that were not paid in full due to R&C cuts you should resubmit these to Aetna to be recalculated. Please keep your local officers informed of any of these cases and update them on the progress in resolving them. The Board is still seeking more information to fully assess the affects of these changes on the level of benefits available to our members.

Changes in Health Care Providers

If you recently changed Health Care providers and do not experience the benefit levels promised by the information and brochures, please let your Local President know, we can help.

Happy New Year!

The Council Executive Board would like to take this time to wish its Members and loved ones a safe and prosperous New Year!

Council Elections

At the Regular Council Meeting held on January 11, 1997, the following elections (with results) took place:

President Gary Ruffner, elected to a 3-year term
Exec Vice Pres, James Reilly, elected to a 2-yr term
Vice President Jeff Bakker, elected to a 3-year term
Vice President John Ostrander, elected to a 3-yr term
Vice President Vince Oberski, elected to a 2-yr term
Trustee Keith Brew, elected to a 3-year term

Secretary-Treasurer Jim Davison has 1 year remaining on his current term.
Vice President Steve VanSlooten has 1 year remaining on his current term.
Trustee Don Manning has 2 years remaining on his current term.
Trustee Vince Oberski has 1 year remaining on his current term.

Local 107-Grand Rapids has a new President - Dave Trevino. We wish to thank past President, Jack Huizinga for his many years of dedication to the Union. Welcome Brother Trevino!

Local Safety Committee Members BEWARE

Just a reminder to you on your roles as a Safety Committee Member, which was negotiated in the Charter of the Safety Committee:

1. Make recommendations to improve Safety Awareness, prevent hazards and track the progress of the recommendations.

2. Make recommendations for development and implementation of Safety Programs to improve Safety Performance.

3. Review Accident Reports.

4. Make recommendations for changes in the Accident Prevention Manual for submission to Corporate Safety.

5. Recommend means for properly recognizing positive achievements in Safety.

BEWARE that the Company may want to expand your role and have you take part in training for Violence in the Workplace, such as investigations, recommendations of what exactly is Violence in the Workplace and what to do to someone if they happen to be involved in violence. Please do not become involved in any decisions which define what violence is or what penalties might be appropriate for proven violent actions, and if management requests that of you, notify your Local Union President who will then notify the Council.

Michigan State Utility Workers Council, AFL-CIO
Volume XII, #3 July 31, 1997

Sign up for COPE

When the Council moved from Jackson to Lansing, one of the purposes was to get more involved with the day-to-day legislation that affects our lives. In 1995 Secretary of State Candice Miller changed Public Act 117 disallowing the Council and other unions to have Political Action Funds. With the help of the State AFL-CIO, the changes were contested and overturned to allow the Council to begin a new Political Action Fund with the understanding that it must be voluntary and must be done each year. The money collected will assist us in getting support from certain state senators and representatives with legislation pertaining to deregulation, safety and home house calls, etc.

Please contact your Local President to obtain a form and sign up for the weekly payroll deduction. While you are at it, you may also sign up for the National Political Action Fund to assist the National Union in our efforts on a national basis. Thank you for helping us, help you.

Big Rock Point closing

By now you are all aware that Big Rock Point Nuclear Plant in Charlevoix will cease operations on August 29, 1997. The shutdown and subsequent decommissioning of the plant presents us with some unique challenges and opportunities. It appears at this time that the Company is willing to use current OM&C employees for a portion of the decommissioning work. This is really the only sensible thing for them to do, in light of the provisions of Appendix Letter #46. They have also indicated a desire to utilize a number of TRC employees instead of contractors, provided some of the issues dealing with travel expenses can be negotiated. The Council Executive Board has been exploring the possibility of negotiating an acceptable agreement with the Company under the terms of Appendix Letter #53.

Members of the Council Board have met with representatives from the East and West TRC and have put together a committee at Big Rock to look at some of our options. Progress so far has been slow, as it probably should be, but it looks like we may have a proposal that is mutually beneficial before the end of August.

Accident investigations

The Council assisted in three accident investigations the month of July:

· Local 106-Battle Creek involving a Tree Trimmer In Charge sustained a severe cut to his leg while assisting another employee during a brushing operation.

· Local 254-Macomb involving a Street Utility Worker received a severe back injury as a result of getting struck by a backhoe bucket while retiring a gas service line.

· Local 144-Karn 1&2 involving a Mechanical Repair Worker A Special who fell approximately 12' from an elevated catwalk adjacent to the mud drum to the basement floor and sustained multiple injuries to his facial area and left arm.

All employees are in the recovery process and still off the job and we wish them a speedy recovery.

National UWUA calls for Michigan Deregulation Summit- Sept 30-October 1

Plans are being finalized for a state deregulation summit to be held on September 30-October 1, 1997 at the Holiday Inn, South in Lansing. Council President and State Deregulation Coordinator Gary Ruffner is currently working with the State AFL-CIO, George Manoogian - President Local 223-UWUA, our National Union and other interested parties to make this summit a huge success.

Join your UWUA Brothers and Sisters, other union workers, families, concerned citizens and organizations from across the state. We're going to Lansing to tell the politicians that if deregulation of the utility industry is not done properly, it will undermine our jobs, our families, our communities, our whole way of life! It's a power outrage!

To ensure room accommodations and the proper room rate at the Holiday Inn in Lansing call (517) 694-8123 or 1-800-Holiday - the cutoff date is August 30, 1997.

As soon as the agenda is complete it will be provided to your Local Union President.