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THIS EDITION WAS DONE BEFORE OUR ORGANIZATIONAL NAME CHANGE
This Newsletter compiled and written by The Association for Disability Rights in the Workplace, Inc.
The Disability News Vol. 1.1 Spring 1996
Why the Need?
By: Bob Millage
The Association for Disability Rights in the Workplace is a Tennessee based non-profit organization. The objectives of the organization is Awareness, Education, and Communication in the area of workplace disability rights. The Association meets these objectives by holding public meetings, bringing in attorneys who specialize in the areas of Workers Compensation, and Disability Rights to educate people as to their rights. We also communicate with the local community by newspaper, and the rest of the state, nation, and world by computer though the World wide Web.
So you ask, "Why the need for this"?
There are an estimated 49 million people with disabilities, 24 million with severe disabilities in the United States. Recently the Bureau of Labor statistics released the Annual Occupational Injury Illness Survey: Workplace Injuries and Illnesses in 1994."
The survey is generated from data reported by approximately 250,000 private businesses. It excludes government employees, and self employed farmers with fewer than 11 employees.
The survey indicates that the average injury/illness rate was 8.4 cases per every 100 full tim3 employees. There were 332,100 disorders associated with repetitive strain injuries (a category of illness), that were reported. This represents 65 percent of all illness cases.
The private industries with the highest incident rate of disorders associated with repeated trauma in 1994 were; MEAT PACKING PLANTS (12.6 cases per 100 full time workers), KNIT UNDERWEAR MILLS (10.53 cases per 100 full time workers), MOTOR VEHICLES MANUFACTURERS (9.6 cases per 100 full time workers). Illnesses represented a small number of cases compared to injuries (514,700 vs. 6,252,200)These figures detail only repeated trauma injuries. They don't include accidental injuries. So imagine for a moment the significance of those figures, and ask yourself. Why the need? The answer is, "YOU COULD BE NEXT!"
INSIDE:
* Personal Stories
* What is a Disability?
* Our Future at Saturn
* ADRW on the Move
* Who can Help ?
1
DISPOSABLE WORKERS?
General Motors has now Invested millions, if not billions in their quest to prove that the Saturn "team concept' style of manufacturing will revolutionize the industry, but like any new concept or design, there are always "rough spots", "bugs", or just plain "holes" in their processes.
Eventually, the "rough spots" are smoothed and the "bugs" are removed. The "holes" generally get covered up as fast as possible to protect the Integrity of the company and to ward off any "bad press" that might leak out to the media or the competition.
We, as individuals, and now as a group, find ourselves unfortunately representing one of those "holes" in Saturn's business plan.
As simplistic as possible In the space of this letter, the "team concept" style of manufacturing consists of groups of team members (usually 7-10 people) who have a certain number of jobs to perform. Each team has it's own finances, quality control of parts or assembly, troubleshooting, etc..., sod of a small company within a company. Teams are grouped by modules (usually 3-10 teams). Modules are grouped by business units (5-10 modules).
As a team member, you are responsible for covering a certain job for the duration of your shift. Teams rotate jobs among individuals during a 10 hour shift to lessen the work load, (Some jobs being harder than others).
Our dilemma, as injured workers, is that usually we find ourselves unable to physically perform every job within a teams rotation. Then it comes down to the very basic and firm rule of conduct issued by Saturn Corporation and currently accepted by our local U.A.W. union. That rule being: If an individual cannot rotate through or perform every single job within a particular team, that Individual cannot be assigned a position with that team. At this time, If you are an injured or disabled Saturn employee who Is not assigned to a team, you are placed on disability leave and your pay Is dropped more than 40% after 60 days There is also a large group of people who must come to work everyday knowing they could be the next person placed out the door.
To the companies favor, a placement process was started In 1996. Injured workers would be placed within teams where the processor felt all the jobs could be performed by the placee. Many people have been placed, but many more have been sent to teams that were unquestionably beyond their restriction. Some of these placements have been tried 2 or 3 times with people with very similar Injuries, making for a hostile environment from a team that has wasted training time on previously placed individuals Placement is also very suspect to favoritism, with complete control being In the hands of only one individual.
Just before the holidays last year, Saturn felt the need to start placing all restricted workers without a team assignment, out the door on disability. First they tried to make them take a document to their doctors stating they were "'totally disabled. After the people brought back the forms unsigned (the doctors knew they were only partially disabled), Saturn turned to their onsite doctor. He managed to put 7 people out before he changed his mind, or had it changed by somebody. This stopped the outplacing for awhile, but made the stress even worse for those who knew they might be next.
Recently, this process has been greatly accelerated. Physically restricted workers who had sought and found valued added jobs for themselves, and, In some cases, been doing them for over 2 years, have recently been put on the street because they didn't have a "real" job (within a team).
Injured workers who had regularly been helping certain teams that were overloaded with work, have been told by management to leave the area for no other reason than to tighten up the manpower figures. The teams wanted them to stay. The people removed wanted a value added job they knew they could do physically. Nobody will accept the responsibility, but the order came from management. The union was helpless again.
If a team decides among themselves to work around an Injured worker because they don't want to lose his or hers work In other areas or simply don't want to see them put on disability' pay, they will be punished because this Is defined as unacceptable behavior by the company. In other words, you cannot protect a friend and/or a co-worker from financial ruin without breaking company rules.
If you are Injured or unable to rotate within your team for more than 50 days, your position on the team can be filled by a healthy body and on the 61st day, you could find yourself without a job assignment within the company. Any physical impairment including pregnancy, Is held against you.
It would be Impossible to compress Into this letter the number of discriminating rules, acts, and biased attitudes this company and local union has held, Is holding, and will continue to hold against disabled workers. As of this date, at least 60 known individual Saturn employees have filed discriminatory complaints with the E.E.O.C. against Saturn and U.A.W. Local 1853.
Most people seem astounded when told of the discrimination that has been documented by a large number of injured workers over the last 5 years. In an effort to stop this type of behavior by the company and union, several Saturn employees have organized a support group for people with employers like Saturn, who seem to hold their disabilities and handicaps against them.
We are trying to learn as fast as we can. Some of us are living through hell right now, reorganizing our lives for an almost 50% pay cut. Others are dealing with dividing families. Still others are dealing with the depression of not only a handicap, but the way we have been treated by a company and union we gave it up for.
We welcome any ideas, advice, or direction we can use to further our cause.
Thank You,
The Association for Disability Rights in the Workplace, Inc.
2
What is a Disability?
Compiled by Sandy Robbins
Disability means, with respect to an individual. (1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual (2) A record of such an impairment (3) Being regarded as having such an impairment.
Major life activities means functions such as Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Americans with Disabilities Act (ADA) furthers the goals of full participation of people with disabilities by giving civil rights protection on the basis of race, sex, national origin, and religion. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations1 transportation, state and local government services, and telecommunications. The ADA was signed into law by President Bush on July26, 1990. Title I of the Act covers EMPLOYMENT.
TITLE I - EMPLOYMENT
Employers may not discriminate against an individual with a disability in hiring or promotion if the person otherwise qualified for the job.
Employers can ask about one's ability to perform a job, but cannot inquire if someone has a disability or subject a person to tests that tend to screen out people with disabilities.
Employers need to provide "reasonable accommodation" to individuals with disabilities. This includes steps such as job restructuring and modification of equipment
Employers do not need to provide accommodations that impose an "undue hardship" on business operations.
Employers may reject applicant or fire employees who pose a direct threat to the health or safety Of other individuals in the workplace.
Applicants and employees who are current users of drugs have no right to claim discrimination on the basis of their illegal drug use under the ADA. Drug testing is not prohibited by the ADA.
Employers may not discriminate against a qualified applicant or employee because of the known disability of an individual with whom the applicant or employee is known to have a relationship or association.
Religious organizations may give preference in employment to their own members and may require applicants and employees to conform to their religious tenets.
ADA provides the remedies available under Title VII of the Civil Rights Act of 1964. They include back pay and court orders to stop discrimination.
* Complaints may be filed with the U.S. Equal Employment Opportunity Commission.
* Employers with 25 or more employees must comply, effective, July 26,1992.15 or more employees by, July26, 1994
3
TENNESSEE WORKERS' COMPENSATION LAW
by J. ANTHONY ARENA
The Tennessee Workers' Compensation Law was originally enacted in 1919. Prior to that time, an employee who was injured in an accident at work could only sue for negligence which required the employee to establish fault, and afforded the employer defenses based upon the employee's own fault. In 1910 the New York Employers' Liability Commission found that the common law system provided only erratic, sometimes excessive, but generally insufficient compensation and concluded that the system was wasteful and inefficient.
The workers' compensation laws of Tennessee provide for cash-wage benefits and medical care to victims of work related injuries, as long as two conditions are present. First, the appropriate employment relationship must exist between the parties. Second, me injury or disability must have "arose out of and in course of the employment. If these conditions are met, the employee is entitled to certain compensation without being required to demonstrate any fault. Likewise, the employer is denied the right to a potentially more substantial common law measure of damages. The law thus represents a compromise between employer and employee interests. The law is designed to assure some compensation for loss of earnings and thus relieve society of the burden or caring for injured workers and their dependents. The expense is considered to be more properly a cost of doing business, which is ultimately passed on to the consumer of a particular product.
When an employee receives a compensable work related injury, the law provides for numerous benefits which can be categorized into three broad groups; (1) medical treatment, (2) temporary disability benefits, and (3) permanent disability benefits.
MEDICAL TREATMENTS
The law provides that the employer "shall furnish free of charge to the employee such medical and surgical treatment, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus, including prescription eyeglasses and eyewear, such nursing services as ordered by the attending physician and hospitalization, including such dental work made necessary by accident as herein defined, as may be reasonably required".
All work related injuries must be reported within (30) days of the time the employee reasonably knows or should have known that he or she has suffered a compensable work related injury. At that point, the employer is required to designate a group of three or more reputable physicians not associated together in practice, from which the injured employee shall have the privilege of selecting the attending physician. As a practical matter, Saturn will typically make an appointment for the injured employee with one of the physicians at the Bone & Joint Clinic, in either Columbia or Franklin, depending on the county in which the employee lives. Saturn will typically not offer a panel of three physicians unless requested to do so. Failure to designate three physicians does not automatically entitle the employee to obtain medical care from a physician of his own choice and seek reimbursement of those expenses from Saturn. The employee should first go to the l.C.F. and request a panel of three physicians if they are not satisfied with the initial referral. Only if Saturn refuses to provide the names of three physicians is the employee then entitled to seek medical care on his or her own. After having reviewed Saturn's' standard panel of physicians, it is the authors opinion that the employee is probably better off going to the Bone & Joint Clinic anyway.
The employee is entitled to all reasonable and necessary medical treatment for a work related injury, as ordered by the attending physician for the rest of his or her We. However, if the one year statute of limitations expires before a claim for benefits is filed, the employee may lose the right to future medical benefits years later. That is why it is particularly important to report all work related injuries, and to establish the right to future Medical benefits before the statute of limitations expires.
4
TEMPORARY DISABILITY BENEFITS
Temporary disability benefits are paid at two-thirds of the average Weekly Wage, subject to certain maximums. Saturn team members earn sufficient wages to entitle them to the maximum benefits without regard to a percentage of their actual earning. Therefore, the date of injury, as opposed to wages earned at the time of injury, is what dictates the “comp. rate.” ,or weekly rate for disability benefits. For injuries occurring between July 1,1995 and June 30,1996, the maximum weekly benefit rate is $415.87. For injuries occurring between July 1,1994 and June 30,1995, the maximum weekly benefit rate was $382.79. The maximum weekly benefit rate for prior years was $355.97; $318.24; $294.00. and for injuries occurring between July 1,1990 and June 30,1991, $273.00.
Temporary disability benefits are allowed during such time as the employee misses work to recover from the injury. No benefits are allowed for the first seven (7) days of disability, but if disability extends beyond that period, benefits commence with the eighth day after injury. If the disability lasts as long as fourteen (14) days, Then benefits are allowed beginning with the first day after the injury.
Saturn team members are also entitled to certain benefits through the Sickness and Accident Disability program. Sickness and Accident pays 100% of wages during the first thirty (30) days of disability, eighty (80%) per cent for the next thirty (30) days, and sixty (60%) per cent after ninety (90) or more days of disability.
As an example, assume a team member sustains a herniated disc in his lower back on July 1, 1995. The team member has back surgery and missed six (6) months of work. The employee will receive a combination of work. comp. and S & A benefits during this six (6) month period. The first $415.87 of weekly benefits is considered workers' compensation, and is not subject to taxation. Anything between $415.87 and the full one hundred (100%) per cent provided for in the S & A policy is considered disability benefits, and is subject to taxation. Likewise, when the benefits drop down to sixty (60%) per cent after ninety (90) days, the first $415.87 is considered workers' compensation and the remainder is considered disability.
When the team member returns to work six (6) months later, he or she is no longer entitled to workers' compensation or disability. At some point, the treating physician will release the employee from his care after reaching maximum improvement. Once an employee reaches maximum improvement, he is never entitled to temporary disability benefits again for the same injury, even if he misses additional work in the future because of the injury. Any future lost time from work is paid strictly under S & A, all of which is subject to taxation. However, if there is any permanent impairment as a result of the back injury, then the employee is entitled to certain permanent disability benefits, which are based upon the impairment rating.
PERMANENT DISABILITY BENEFITS
An impairment rating should be expressed as a percentage, by a qualified physician, and should be based upon a book published by the American Medical Association entitled, "Guidelines to the Evaluation of Permanent Impairment". Qualified physicians may differ on how to utilize or interpret the AMA Guides in assessing permanent impairment. Future articles will discuss the concept of "plaintiffs doctors" and "defense doctors", and the manner in which they attempt to manipulate the AMA Guides to fulfill their particular clients' needs. For purposes of this article, we will proceed with the assumption that the treating physician properly utilizes the AMA Guides and assessed a 10% permanent impairment rating to the team member who underwent back surgery.
Under Tennessee Workers' Compensation Law, the whole body is considered to be worth four hundred (400) weeks of benefits. Therefore, a 10% impairment rating equals forty (40) weeks of permanent disability benefits, at the rate of $415.87 per week, for a total of $16,634.80. This is not necessarily what the injured employee is entitled to receiver but is generally considered the starting point in a workers' compensation case. From there, the parties or their attorneys will try to negotiate a higher settlement, and if one cannot be reached, they will ultimately go to Court and ask the judge to award a higher figure based upon "disability".
5
In deciding how much to award in permanent disability benefits, the Court will consider the injured employees' age, job skills, education, training, duration of disability, and job opportunities for the disabled, in addition to anatomical impairment That is why an employee with a ninth grade education and no transferable job skills, would likely get a higher award of disability benefits than an employee with a college education who may have prior training in a less demanding occupation.
In this particular example, the most the injured employee could receive is twenty-five (25%) per cent permanent disability, which is 2.5 times the impairment rating. Based on a "comp. rate" of $415.87 per week, the employee would receive $41,567.00 in permanent disability benefits.
The “2.5 cap" only applies to certain injuries such as those to the neck, back, and / or shoulders. Generally, injuries to the arms, hands, legs, or feet are not limited to the “2.5 cap”.
Also, if the team member in our example, returns with permanent restrictions but is "put out" by Saturn under its placement process, then the “2.5 cap” does not apply, and the Court can award up to six (6) times the impairment rating which would equal $99,808.80 in permanent disability benefits. Again, I wish to emphasize that the Court can award up to either 2.5 or six (6) times the medical impairment rating, which may or may not be appropriate. An employee who successfully recovers from back surgery with very minimal restrictions and is able to return to work with little difficulty, may have a difficult time convincing a judge that he has a twenty-five (25%) per cent occupational disability.
The workers' compensation laws are complex and are constantly changing with much lobbying and debate on Capitol Hill. The "caps" on awards went into effect on August 1,1992, and only applies to injuries occurring after that time. For injuries occurring after January 1,1997, claims will be processed through an administrative agency as opposed to a courtroom, and further changes in the law will likely occur after that time. In any event, all work related injuries should be closely examined with a proper understanding of the law in order to insure that the employee receives, substantially, all the benefits provided for by the Tennessee Workers' Compensation Law.
J. Anthony Arena is a partner in the Nashville law firm of Schulman, LeRoy & Bennett where he concentrates his practice in the areas of workers' compensation and employment law. He is a 1990 graduate of the University of Memphis School of Law, and formerly served a judicial clerkship for the Honorable Ben H. Cantrell, Tennessee Court of Appeals, Middle Section. For more information, you may contact him at (615) 244-6670. Mr. Arena is not certified as a civil trial specialist by the Tennessee Commission on Continuing Legal Education and Specialization.
PRINTING DONATED BY AMERICAN PRESS
6
This letter goes out to all the Saturn employees whom, for whatever reason, or whomevers fault, are not aware of a situation that may possibly be awaiting them.
It has been argued, but most of us agree, that before or during our awareness training, we were led to believe that even in times of economic recession if our cars weren't selling, we would all be taken care of financially. We might have to work the corn fields, but we would always have a secure financial base to support our families.
We wish everyone who is reading this letter now, would take just 60 seconds and imagine their life in Tennessee with a 40% to 50% wage cut. How many dreams would have to be given up? Had you planned on sending your children to college? Sure, you could survive, ask anyone who has been laid off for a long period of time, but is the embarrassment of bankruptcy a viable option for you? There is another point of view held by most of the people whom are now on forced disability leave1 or those being threatened daily to be put there. That view is:
Most of us moved cross country to work at Saturn. Those of us who had faced layoffs before, were looking forward to the steady income, as well as being involved in building the best built car in America. How many of us might have had second thoughts about coming if we had been told up front that we would not be afforded that financial security if: we got hurt on the job; or if we accidentally slipped off a ladder at home and hurt our back; or were involved in a dehabilitating car accident driving home at 3:00 a.m. Any injury that kept us from doing just one job in our teams rotation.
Until our company, our local, and our fellow Brothers and Sisters at Saturn can come together and eliminate the threat that exists for us all, we will continue to see the people who were working right beside us yesterday; people, who in most cases, worked as hard as anyone in this plant to achieve what the rest of us have today. We will see them losing their homes, their cars, and in some cases, even their families. Not to mention the self-respect it takes to look your neighbor in the eye who just happens to work at Saturn too.
Right now, there are a good number of restricted Saturn workers who are being forced to take steps to keep this financial hardship from occurring to them. Never in their wildest dreams did they ever think that this would ever become necessary. We don't think you can condemn a person for protecting the well being of themselves, their spouse, and their children. That basic human right should always be protected and understood.
How many people believed that if a U.A.W. represented company broke a workers body1 for whatever reason, that company would be allowed to put that injured worker on the street and cut his income more than 40%? How about the disgrace of having someone ask for your badge before you leave, put out, as if you can no longer be trusted on company grounds. What if you live in Spring Hill and bank at Nations? Don't you think this is giving the impression to the rest of the workforce, and soon the world, of the disposability and worthlessness of all who are not 100% capable at Saturn. People in this plant are actually being removed from jobs they have been doing for more than 2 years and placed on the street because an injury keeps them from rotating through a team of workers. We believe that if a person was willing to move across this country to work at Saturn and made to sign an agreement to '(quit" G.M., they should at least be treated with a little more respect than a disposable diaper.
Even if you have only been assigned an easy job your entire time here, and are so incredibly naive that you can't believe that anyone could really get hurt on the job, please believe that there are many areas in this facility that were, or are, extremely hard on a body. Because of design change restrictions, ergonomics had little or no effect until the '96 changeover. Many teams were forced to live with design flaws for 5 years.. Now I agree, there are many, many details not written here, and many fingers to be pointed, but the basic reason for this letter is to remind you to stick up for your injured union Brothers and Sisters and realize that you" might end up traveling the same road someday.
Please be aware of what you are voting for and please read the fine print, if indeed the fine print has even been defined before we are asked to vote on the next package. (Example; 60% disability pay does not include your 10% at risk, so you are only getting 60% of 90%.)
Thank you,
The Association for Disability Rights in the Workplace, Inc.
7
ADRW on the Move
By ADRW Members
Recently, Association Members, Jeff Kiphart, and Bob Millage had the opportunity to attend, and participate in the Tennessee Disabilities Coalition Board meeting held on May 23,1996 at the Coalitions office in Nashville. The meeting was a great learning experience for our Association members.
The Coalition currently has some sixty member organizations, and new organizations coming on board monthly. The Association, being such a young organization, is very hungry for knowledge right now, but we feel we also have much to offer.
We believe that over the next year the Coalition wilt prove itself to be one of the most powerful Disability Rights group in the state of Tennessee.
Another View
By Gail Farmiloe
I, along with Melinda Bradberry, and Bob Millage had the unique pleasure of attending the annual Coalition meeting for all members. The meeting was held at the Regal Maxwell House Hotel in Nashville. The meetings objective was to establish the issues that the Coalition will focus on during the next year. Some of the issues are Personal Assistance, Advocacy and Protection, a Unified Political front on the issues of education, Employment, Welfare, Budget Cuts, Block Grants, and Heath care to name a few.
We were fortunate to have had the opportunity to meet representatives from many of the organizations that were present, and established alliances on many issues that affect all of us. As more details become available, we will report them to you in the upcoming issues of this newsletter.
The Luncheon
By Bob Millage
I, on behalf of the Association, was able to attend the Fourth Annual "Media Recognition Awards Luncheon", that was held on May 24, 1996, at the Regal Maxwell House Hotel in Nashville. The guest speaker was Commissioner Bob Williams from the U.S. Administration on Developmental Disabilities. It was an extreme pleasure to be in attendance for the festivities. Commissioner Williams encouraged attendees to write letters to the President, and Vice President, of the United States in addition to Sen. Bill Frist. He said letters should be focused on assisting them in their shaping of this countries direction, to provide leadership, and insight into disability issues, as they are our strongest supporters". He also encouraged people with disabilities to become more involved in the shaping of their futures. He said that we, as people with disabilities, must stop allowing others to make decisions about us and for us, without us. That we must be involved if our voices are to be heard. We must also hold accountable, those that participate in making decisions for us, and about us.
I had the unique experience of sitting at the same table with the University Of Tenn.- Memphis, Boling Center for Developmental Disabilities. The Boling Center has provided guidance to many organizations including Saturn Corporation on the deterrence of Workplace injuries. The experience was an enriching one, both personally, and organizationally. It was a day on which many alliances were forged, as the disabilities community united as one, to meet the challenges of the upcoming year.
I look forward, very much, to being in attendance at next years event.
A sampling of the A.D.R.W. alliances:
The Coalition for Tennesseans with Disabilities
Easter Seal Society' of Tennessee
The ARC of Middle Tennessee
Appalachian Project with Industry
Boling Center for Developmental Disabilities
Buffalo River Services
Community Rehabilitation Agencies of Tenn.
Family Voices of Tennessee
Mid. Tenn. Association for Persons with Severe Disabilities
Stallworth Rehabilitation Hospital, Vanderbilt
Tennessee Conference on Social Welfare
Center for Independent Living of Mid. Tenn.
8
A Personal Message
By Jeff Kiphart
Hello. My Name is Jeff Kiphart. I am a member of the Association for Disability Rights in the Workplace, Inc. (ADRW)
Let me say I am proud to be part of an organization who's main objective is to help educate people with disabilities as to some of the rights they may not be aware of as working Americans. I am not an attorney, nor am I a Doctor I do not give legal advise or try to diagnose what is wrong with people. What I am is a working class citizen who has a disability. Over the last several years I have learned of many resources that are available to help individuals like myself.
My personal goal is to help others become aware of these resources. This can happen through education and communication. That is what the ADRW is all about. We are dedicated to ending the harassment, humiliation, intimidation1 and numerous other injustices that many people with disabilities endure, often on a daily basis.
Together we can all help bring about the changes that are so badly needed to help people with disabilities enjoy the same high standards of living that others enjoy. Please help support the ADRW and the many other organizations that are dedicated to helping the working men and women of this great county.
Thank You.
My Story
By Melinda Bradberry
I started working at Saturn November 1,1990.
I was proud to become a Saturn Team Member with all the hopes and expectations to, at least, be a small part of an American dream. My dreams soon became nightmares when I was injured on the job at Saturn, I became an outcast. This place where I was 5 excited to start working in, began to make me ill. My teammates soon turned on me, calling me cripple and telling me I needed to quit. That I wasn't needed any longer.
As time went on, things got worse. I felt I was being made an example of by management placing me in hostile work environments, where I was called lame and lazy, a handicapper, etc... My locker was taken away, and this was just a few of many incidents.
I was threatened by Saturn Management and our Local Union to be fired because of my disabilities, I was told by both of them I was not able bodied, fully functional, or value added.
In September, 1995 1 was placed out on S&A because of the Member Placement Process. I was working at the time and was escorted off the job. I was told "You ought to be glad you don't work at another GM plant or you would already be out the door I've had many people ask me how I cope. This is not easily answered. The answer changes from one day to the next.
Since I've been placed on the street, the stress has become overwhelming. Never knowing if I will be going back to work. You can't look for other employment to make up for money lost on your pay, no c.o.l.a. , no risk and reward, no shift premium, 60% of your regular pay, and you still have to pay your taxes. All this with the uncertainty of ever receiving another paycheck.
I've went through a divorce, I've had to sell my home, and I've eventually had to seek help from a psychiatrist after I started developing low self-esteem, stress and anxiety that was too much to handle. I've had panic attacks fearing I will be one of the homeless. There are times you just want to give up. Helpless! Alone! Then I got angry. I knew I could still work at something, and that I wanted to work! I have been fortunate to have friends in the same situation as I. They have given me strength, when I'm feeling alone. I've talked to others still working and very much afraid to report their injuries because of what will happen to them.
Under the Saturn Philosophy: To meet our members needs, we will create a sense of belonging in an environment of mutual trust, respect, and dignity, to take pride in themselves. Where is the "Spirit of Saturn'? My question for Saturn and our union is, "Where is the mutual trust, respect, and dignity for restricted people when it comes to the placement process?"
I was hurt on the job at Saturn, just how much punishment must I take?
9
Our Future at Saturn
By David Chilson
I do not personally have a disability, but I have seen what some of our members have, and are, going through in our Placement Process and I find it appalling!
I have written many letters to this membership concerning my dissatisfaction with some of the things that go on at this plant, and some people assume that I just do not like Saturn. This is not true.
The Saturn that GM foresaw and the vision that the UAW put together were great ideas, but those things are long gone now, although they would have you think they still exist at Saturn.
I do not have a problem with management making decisions that benefit our company, but when those decisions are not in the best interest of the people that work for that company, the people that help make a profit, that is where the union steps in and bargains in good faith for its members. I do not believe that our union has bargained in good faith on this issue. Here are some of my reasons.
Our union supports the fact that you must be fully rotational to be an asset to Saturn. If you have ten jobs on your team and you are unable to do just one of them, they say you must leave that team. Our union supports a 95% work load on all jobs. Repetitive assembly line work at 95% work load will cause a good many Saturn team members to acquire disabilities.
When you become disabled our union has provided you with a Placement Process that, first, eliminates you from your team, then your module, then your job.
Secondary openings that are for restricted or disabled members are not posted for those people to see. Management has a placement person our union does not.
When you are placed out of Saturn you receive 60% of your base pay. That is about ten dollars an hour. I don't know too many people that can support their families on that.
Remember, it does not matter if you are disabled at work, on the way to work, at home, on
vacation, or anywhere else. Your family is still at risk of losing 40% of your base pay plus all of your risk, reward, cost of living, rotational supplement, profit sharing, and any other bonuses there may be.
The agony and humiliation that a team member must go through in this process is unbelievable. You can stay on your team for thirty days with your teammates resenting you because you can't carry your load. Then you move to another team in your module where those team members resent you because they think you may move them out of their job, or you are moved from team to team with no permanent job in sight. And if that is not enough, you are scared to death that you are going to be out placed altogether and do not know how you will support your family. All of this will surely bring about many internal family problems. Maybe even divorce.
They say this is a fair system and everyone is treated the same. I disagree There are secondary openings that have been held open for years. Some people are out placed in the allotted one hundred and fifty days while others are on restrictions for years and not out placed.
This system is in place for a reason, to get the healthy team members to resent team members that are not as fortunate and to make team members fearful of going on restrictions. How many people do you know of that refuse to get therapy or surgery because they fear being thrown off their team? How many of you find yourself resenting a team member for going out on a disability leave or having a restriction because of the hardship it puts on you personally as well as your team?
Think for a moment about the many thing that could happen to you that would put your family in jeopardy. Heaven forbid anything bad happening to anyone, but it does happen. Do you feel that you have job security?
Maybe you feel that nothing bad will ever happen to you and I hope it doesn't but you owe it to yourself to look closely at this process from every angle for your own future.
I believe our Union Leadership should look at some of the decisions they are making for us and reevaluate them.
Being fully rotational with a 95% work load along with this Placement Process is not good decision making for this membership.
We say we should be open for change and improvement in all areas of the business here at Saturn.
For everyone's sake at Saturn I hope we get started on this issue very soon.
Thank you.
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THIS SPACE WAS AN ADVERTISEMENT FROM AN ATTORNEY THAT THE ASSOCIATION NO LONGER ENDORSES OR MAKE REFERRALS TO. WE APOLOGIZE FOR ANY INCONVENIENCE TO YOUR WEB SURFING TIME.
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AMERICANS WITH DISABILITIES ACT
INFORMATIONAL RALLY
A public meeting has been called for "All" interested residents of Maury County, Williamson County and the surrounding areas including the general working populace of the Saturn Corporation. The focus of this meeting will be on rights afforded individuals with disabilities under the ADA.
Your questions will be answered by Guest Speaker: Nationally recognized expert in Disability Rights, Attorney James Goodman, on behalf of the Persons with Disabilities Law Center, Atlanta, Georgia As well as support from members of The Association for Disability Rights in the Workplace, Inc.
SUNDAY, JUNE 23,1996
1:00 PM - 3:30 PM
SPRING HILL CITY PARK
LIONS CLUB BUILDING
"TAKE US 31 NORTH FROM THE SATURN PARKWAY TO MAURY HILL ST., THEN LEFT:'
THE ASSOCIATION FOR DISABILITY RIGHTS IN THE WORKPLACE, INC. is A NON PROFIT ORGANIZATION. We are always open to recruiting new members who share our goals. Please, just get in touch with any person on the list below to volunteer any time or services to our goal of "JUSTICE" for all disabled or injured workers.
ROBERT MILLAGE--- 388-4465 -----------------GARY MERRIMAN ---527-9998
GAIL FARMILOE ---388-9709 ---------------------MELINDA BRADBERRY ---388-3095
JEFF KIPHART ---987-9214 -------------------------JIM WALDEN ---486-1668
SANDY ROBBINS--- 380-8432----------------------ERIC KIDDER --- 540-8917
DAVID CHILSON--- 270-8259-----------------------TIM LENZ - 486-7338
TAX DEDUCTIBLE DONATIONS MAY BE SENT TO:
A.D.R.W.
4551 SCOTT HOLLOW RD., CULLEOKA, TN 38451
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