Labor Day:            A Celebration and Rally for American Working Families

September 7, 2009 – 2pm

Chicago’s Pullman State Historic Site

111th Street and Cottage Grove Avenue

Invited Guest of Honor: President Barack Obama

Moderator: WCPT Radio Host Dick Kay

Program:

Music and Food

Speakers Celebrating the Achievements of American Working Families — Commemorate Past and Ongoing Struggles for a Union Wage, the Rights of Citizenship, Healthy Workplaces, Strong Communities, Civil Rights, Women’s Rights, Immigrant Rights, and Service Jobs that are Good Jobs.

Speakers Rallying for a Better World for American Working Families — Equal Opportunity for All Men and Women Regardless of Race, Ethnicity, Religion, or Sexual Orientation through the Employee Free Choice Act, Health Care Reform, Education Reform, and “Green Jobs.”

Providing Access to Services for American Working Families — Get Free Advice from Labor Lawyers and Representatives from the Chicago Public Schools , the Chicago Department of Public Health, Labor Unions, Community Organizations, and More.

Sponsored by: State of Illinois AFL-CIO, Chicago Federation of Labor, Chicago Building Trades Council, Illinois Labor History Society,  Pullman Business Council, Historic Pullman Foundation, Pullman Civic Organization, Bronzeville/Black Chicagoan Historical Society, Calumet Heritage Partnership, Labor Council for Latin American Advancement, the Chicago Center for Working Class Studies, Arise Chicago, Jobs with Justice, A. Philip Randolph Institute, SEIU, AFSCME Council 31, United Steelworkers, EU-Illinois, Ironworkers Locals 1 & 63, Electrical Workers, Illinois Governor Pat Quinn, Illinois State Senator Donne Trotter, Illinois State Representatives Connie Howard and Marlow Colvin

Co-Chairs Tom Shepherd (773) 370-3305    labordaypullman@gmail.com

Larry Spivack   (312) 663-4107    ilhs@prodigy.net

Chicago’s Pullman State Historic Site

http://laborday.pullmanevents.info/

111th Street and Cottage Grove Avenue , 60628

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Our agenda, which is a work in progress:

1) Several exhibits within the old Pullman factory building, including Illinois Labor History Society’s “Illinois Labor at Work,” and exerpts from a Smithsonian Institution video documentary production titled, “Soul of a People,” followed by a discussion with producer/director Andrea Kalin of SparkMedia. It is a great documentary about the WPA’s Writer’s Project, designed to help put people to work in the 1930’s, and to chronicle the history of our nation’s culture at the time.

Presentation by author/historian Lyn Hughes, founder of the A. Philip Randolph-Pullman Porters Museum

2) A free picnic for striking and struggling workers and their families, including Congress Hotel employees (six years into their strike), Republic Window Co, who recently won a concession to keep their doors open, Hartmarx Corp., Resurrection Hospital workers, Quad Cities Die Casting Co., and others.

3) Speakers and related booths/tables dealing with Universal Health care, Employee Free Choice Act, Green Jobs, etc.

4) Address from Gov. Quinn and some of the local legislators; still awaiting word from White House and Sec. of Labor Hilda Solis.

5) Musical entertainment and some spoken word routines.

It Is Time to Pass ENDA

From the AFSCME Website:

August 6th, 2009

The Employment Non-Discrimination Act (ENDA) was reintroduced yesterday in the U.S. Senate.  Two Democrats – Sen. Ted Kennedy (D-MA) and Sen. Jeff Merkley (D-OR) – along with two Republicans – Sen. Susan Collins (R-ME) and Sen. Olympia Snowe (R-ME) – are named as the lead cosponsors, the first time the bill has had bipartisan lead sponsors in the Senate.

This bill, which would extend existing federal laws prohibiting employment discrimination to protect people on the basis of sexual orientation and gender identity, is much needed and long overdue.  AFSCME is a longtime supporter of the bill.

“Throughout our long history, Americans have fought to break down the barriers that deny opportunity and equality to our fellow citizens. Through civil rights legislation and constitutional amendments, we have worked to ensure that equal justice under law would be a standard for all who work and live in the United States. The passage of the Employment Non-Discrimination Act (ENDA) will write a new and important chapter in this proud story.” – AFSCME President Gerald W. McEntee

Sen. Kennedy issued a statement saying:“The promise of America will never be fulfilled as long as justice is denied to even one among us. The Employment Non-Discrimination Act brings us closer to fulfilling that promise for gay, lesbian, bisexual, and transgender citizens.”

Senator Collins commented: “Similar to the current law in several states, including Maine, and the policies of many Fortune 500 companies, the Employment Non-Discrimination Act would close an important gap in federal civil rights laws by making it illegal to discriminate in employment. I am pleased to join Senators Merkley, Kennedy and Snowe in introducing this important legislation which affirms the principle that individuals should be judged on their skills and abilities, and not by who they are.”

Pride at Work, the voice of the LGBT community in the labor movement, is encouraging union members to contact your senators to urge them to cosponsor this important legislation. You can send an email to your senators by clicking on this link:http://www.unionvoice.org/campaign/ENDA09_Senate

S. Ct Rule 431 (b) SAYS WHAT IT MEANS AND MEANS WHAT IT SAYS

“Rule 431(b) places the duty on the trial judge, not on the prosecutor or defense, to pose the specific questions set for in the rule to insure that the prospective jurors understand and accept the Zehr principles.” [See: People v Zehr, 103 Ill. 2d 472, 469 N.E.2d 1062 (1984)]  Moreover, per the opinion of Justice Hall in People v Lyndell Graham, No. 1-08-0444  7/20/09, “it is the court’s responsibility to enforce the rules as written.” Thus substantial compliance is not good enough and a harmless error analysis is not warranted. New trial ordered. Read the opinion here.

Summer Update

Here is a little update for the membership on what’s going on with our local.

Installation of New Board and Trustees

The recently elected executive board and trustees of Local 3315 will be sworn-in in a ceremony on July 21, 2009 by our former brother and now Judge, Stuart Paul Katz.

1% Arbitration

The Cook County Comptroller has contacted us and indicated that our 1% salary increase will show up on our pay checks that we will receive on 7/24/09.  Retro to follow at a still unknown date.  Sounds like good news, but prudence requires you to not spend a dime of it until you get it.  It’s about the Roosevelts, baby!  For those of you who have not signed up at the MVP level for our Political Action Committee, PEOPLE, please consider doing so, using this”windfall”.  See any local board member or steward for a canary color, Voluntary People Deduction Authorization Form.

Contract Negotiations:

Given the current economic and political climate, you will not be surprised to learn that negotiations are progressing at a snail’s pace.  In the forthcoming weeks, the Union will be asking it’s members to engage in solidarity day activities which will involve the donning of buttons or stickers at your work sites.  Please participate to publicize your support of your bargaining team’s efforts during these difficult times.  More information will be distributed as it becomes available.

Summer Party

Our local’s summer party will be at the Beer Garden at Navy Pier on July 29, 2009.  As of 7/17/09, we have a little over 100 guests who have sent in their checks.  The deadline for submitting your rsvp is 7/22/09 so please don’t miss the boat. . .  so to speak.  Details on how to RSVP are in my prior message on this website.

Golf Outing

Our annual golf outing will be held at Eaglewood resort on August 27, 2009 and if you are interested in golfing, please call David Figura at the Multiple Defendant Divison downtown so he can get you a tee time.  If you can put together a foursome, that would be helpful.  Golfers must arrive at the resort a minimum of 20 minutes before their tee time!

Jack Carey Memorial Scholarship

The scholarship named in memory of our local’s past president is set to award the next scholarship for the winter of 2009-2010.  The deadline is November 1, 2009 and the Scholarship tab on the local’s home page can provide your law clerks with the necessary forms and other information about the scholarship for public defender law clerks.

The fundraiser for the scholarship is going to be on September 1, 2009 at Wrigley Field with the Cubs hosting the Astros in a game that is sure to play a role in the race for the division championship.  Information on how to get tickets is available online.  While sales have been brisk, some tickets remain for the procrastinators among us.

In Solidarity,

K. S. Galhotra

President, Local 3315

Cook County Public Defenders Association

HOW NOT TO ANSWER A JURY’S QUESTION

Justice Gordon joined by Justices Cahill and McBride, reverses and remands defendant’s murder conviction and natural life sentence, because the trial court abused her discretion and abandoned her role as a neutral referee where she answered a question from the jury on a question of fact, thus providing unsworn testimony to the jurors on a critical factual issue.  During the jury’s second day of deliberations, in a case where the defense attempted to discredit the defendant’s confession, the jury sent out a note asking, in effect, if the detectives had coerced the confession by taking the death penalty off the table during defendant’s interrogation.  This issue had not been mentioned during trial testimony or argument.  Over defense objection, the trial court answered  “No, please continue your deliberations, jurors.”  This, Justice Gordon finds was an abuse of discretion, “as well-intentioned as she  [Judge Dianne Cannon] may have been.”
This is a clear and thorough opinion on the subject of answering jury questions worth putting in one’s trial book.

Happy LGBT Month

Earlier this month, we saw new evidence that our country has entered a real era of change whenPresident Barack Obama issued a proclamationcalling on all Americans to celebrate Lesbian, Gay, Bisexual and Transgender (LGBT) Pride Month. “As long as the promise of equality for all remains unfulfilled, all Americans are affected,” the president’s proclamation states. “If we can work together to advance the principles upon which our Nation was founded, every American will benefit.”

This is a special year in many ways. This month, we mark the 40th anniversary of Stonewall, when the struggle for full citizenship for LGBT Americans began in earnest. The American Federation of State, County and Municipal Employees (AFSCME) is proud of the role we have played to advance the cause of equal rights for LGBT Americans throughout the years. We are proud of the work of our members and our staff. We are going to continue to fight until we end every policy that treats any group of Americans as second class citizens. Discrimination is wrong. It hurts us all. It must stop.

Decades ago, AFSCME councils and locals across the country took the lead in negotiating employment non-discrimination policies. They used union power to create collective bargaining agreements to protect LGBT public employees. Those victories helped pave the way for non-discrimination policies in the private sector.

But workplace discrimination still goes on. In fact, it remains legal in 30 states to discriminate based on sexual orientation, and in 38 states to do so based on gender identity or expression. As a result, LGBT people face serious discrimination in employment. Too many people are being fired…or being denied a promotion…or experiencing harassment on the job. That is wrong and it must stop. That’s why we’re fighting to pass the federal Employment Non-Discrimination Act. Working with President Obama and our allies in the Congress, we’re going to get this done.

As we celebrate LGBT Pride, it’s also appropriate to remember that AFSCME has been fighting alongside the LGBT community on a host of other important issues. We’re working to pass a federal hate crimes law so that local law enforcement will get the resources they need to keep LGBT families safe and secure wherever they choose to live. We’re fighting to change the tax laws so that domestic partners benefits will not be taxed. We’re fighting to fund programs to protect LGBT youth from harassment. And we’re working to secure a sound retirement for LGBT seniors by ending discrimination in Social Security and tax laws.

We stood with the LGBT community during the darkest days of the AIDS crisis. We fought to end discrimination against People With AIDS. We fought to expand research and treatment programs.

Later this month, the AFSCME Pride Committee at our headquarters in Washington, DC — composed of LGBT and straight employees — will host a guest lecture named in honor of our departed brother, Van Sheets. Van spent 17 years working for AFSCME. Van was taken from us much too early. He loved this union with his heart and soul. We loved and cherished Van in return. Van was the driving force behind the creation of Pride at Work, which does so much to give the LGBT community a voice in the labor movement. I know Van would be very proud of the work the Pride Committee is doing and the event that has been scheduled to honor his memory.

Finally, let’s not forget that the values we share require us to continue to push forward. That’s always been the case in the on-going battle for freedom, fairness and equality. Just look at the fight for marriage equality. AFSCME members — straight and gay — have been fighting on the front lines. Yes, we were disappointed with the results in California last November. But today, let’s celebrate the great progress we’ve seen this year. Iowa, Connecticut, Vermont, Maine and New Hampshire have now joined Massachusetts in providing marriage equality for all of their citizens. That’s real progress.

So there is much to celebrate this month. But there is more work to be done. We’re going to do that work, year in and year out, until equal rights exist for the LGBT community and for all Americans. All of us at AFSCME, working together, are going to do our part. We’re going to make equality happen.

It is the right thing to do . . . for our union . . . for our families . . . for our country.

Happy LGBT Pride Month.
This article is adapted from remarks President McEntee delivered at the AFSCME LGBT Pride kick-off event at the union’s headquarters in Washington, D.C.

Confusion over Mileage Reimbursements

Recently, many of our members have come to believe that they will no longer receive reimbursements from the county for travel as in the past.  We have clarified this issue with the office’s Chief Labor Counsel and have come to understand that there has been no change in the policy, but only a pledge to strictly adhere to the current policy.

The net effect this has on our members in MDD and LRD is that there is no change. Continue to submit reimbursement forms in a timely fashion and you will continue to receive reimbursements.