November 2011 - Anne Feeney's Fellow Travelers' Advisory - VOLUME SEVEN, #7

I love it when you write back.  Please understand that right now my energy level is so low that I may not respond... but I usually respond!
For the latest health news you can check out http://www.caringbridge.org/visit/annefeeney
To help me with my living expenses while I'm unable to work, you can donate via Paypal to getwellanne@annefeeney.com, or click on the "Donate" button in the middle of the front page of my website - http://annefeeney.com  or send a check to Anne Feeney, 2240 Milligan Ave, Pittsburgh,  PA  15218


IMMEDIATE DESTINATIONS:
Harare, Zimbabwe!
People's Music Network Winter Gathering - Lawrence, MA - Jan 27-29, 2010


IN THIS ISSUE:
Fellow Travelers' Holiday Shopping Advisory
Link of the Month
Family News
Jailed for Justice
Occupy America!




Hi Folks-


The last time I wrote to you was October 1st...  If I had let November slip away without writing to you, it would have been the first time I missed a month in 91 months!  But, I have never been so exhausted in my life.  I'm working with an endocrinologist to figure out how to wake up my sleeping adrenal system.  In the meantime, I'm a bald version of Sleeping Beauty.


I wanted to let you know that I'm thinking of you, that I'm incredibly grateful for your friendship, love and support, and I'm hoping that your year ends up well and is followed by a better year for us all...








Holiday Shopping Advisory


A lot of you will be out shopping, and ordering gifts online... so here are my holiday shopping tips -


Please, don't shop at Amazon this year.  You may have already seen some of the horror stories emanating from the Amazon warehouse in Breinigsville, PA.  It's not a very good place to work. For example, during summer heat waves, Amazon arranged to have paramedics parked in ambulances outside, ready to treat the many workers who dehydrated or suffered other forms of heat stress. Those who couldn’t quickly cool off and return to work were sent home or taken out in stretchers and wheelchairs and transported to area hospitals. And new applicants were ready to begin work at any time.

If you want to read more: http://www.vancouversun.com/health/Amazon+warehouse+employees+Pennsylvania+hospitalized+heat/5432663/story.html#ixzz1f42vAZMI


So... If you're buying books this holiday season, let me enthusiastically recommend Powell's books in Portland. They have an inventory to rival Amazon's *and* the workers are happy members of the ILWU - a great union. Use this link http://www.ilwulocal5.com/shop-union/ to shop at the world's best union bookstore!  


And while I'm at it, let me recommend my pal Bill Adler's wonderful book "The Man Who Never Died: The Life, Times and Legacy of Joe Hill. (http://themanwhoneverdied.com/)


And if you're buying music, let me recommend http://cdbaby.com  -  They have a great collection of music and you can rest assured that you, the artists, and their employees will treated very well.  And my music makes a great gift for the activists in your life! - the direct link to my music there is http://cdbaby.com/all/unionmaid  - and Roy Zimmerman(http://royzimmerman.com) , Chris Chandler (http://chrischandler.org), Four Shillings Short (http://4shillingsshort.com), Lou and Peter Berryman (http://louandpeter.com)  and Evan Greer (http://evangreer.org) all have new releases. 


The amazing Bev Grant is working on a new CD.. http://bevgrant.com/  and there are sooooo many other great artists out there - Charlie King and Karen Brandow, Rebel Voices, David Rovics, Si Kahn, John McCutcheon, Kim and Reggie Harris, Magpie, Dan Bern, Anais Mitchell, Nick Annis, Brian QTN, Laura Love, Joey Only, Jan Hammarlund, Emma's Revolution, Len Wallace, Connie Cohen, Jim Page, Joe Jencks, Peggy Seeger, Tom Paxton, Utah Phillips and don't stop there!


And see how much of your spending you can keep in your own community - supporting local artisans, massage therapists, restaurants... why not give your friends gift certificates to local merchants, locally owned health clubs ... or make a contribution to a local charity.

Saoirse on his first picket line at American Crystal Sugar 

And I hope some of you will remember the locked out workers at American Crystal Sugar as you plan your holiday giving.  They've been without a paycheck since August 1st - and the hard-hit workers of North Dakota (a right-to-work state... that's the right to work without benefits...) are unable to collect unemployment benefits because North Dakota considers a lockout to be the equivalent of a strike.  I visited the picket line of these determined workers in October - They are very deserving of your support... They are members of the Bakery, Confectionery, Tobacco and Grain Millers' union, Local 167G


BCTGM Relief Fund
c/o Local 167G
100 N 3rd Street - Suite 50
Grand Forks, ND 58203


Or do two good things at once by donating to a local charity, or the locked out workers at American Crystal Sugar, or School of the Americas Watch (http://soaw.org)  in honor of a friend...




Link of the Month


If you could use a belly laugh, enjoy Debbie Reynolds singing "If I Had a Hammer" - it's pretty surreal...  http://youtu.be/ng2Ls4OA2k4 


Family News


I spent a month in Sweden with my wonderful husband, although I slept through most of it because of this adrenal dysfunction I'm dealing with.  He was so thoughtful and wonderful - and we did squeeze in a visit with Julie's daughter Sara and new baby Levi!

My cousin Bill and I traveled from Pittsburgh to New Orleans for the wedding of my cousin Christina Mumphrey to Michael Schafer - It was totally grand with many many of my cousins from near and far in attendance.


Both of my kids have been spending time in Pittsburgh caring for their dad, Ron Berlin, who underwent a sextuple bypass just before Thanksgiving.  I'm pleased to report that he is at home and recovering well under Amy's loving care.

Halloween - with Monique as Amy Winehouse and Sebastian the Frog!

Daniel is back in Zimbabwe now, waiting for us to come and celebrate the holidays with him, Monique and, of course, Sebastian!  


I can't wait to see them again. My sister and I leave on November 30th...  and I won't be back in the US until January 20th. Amy and her very significant other, Mike Meadows, will be joining us in Zimbabwe too.  On New Year's Eve we plan to be in lodges in Hwange National Park and on to Victoria Falls!
What an adventure!


Jailed for Justice


“Do I refocus and put my energy into exposing the on-going crime of medical negligence in these jails? Do I begin a campaign to highlight the illegal starvation diet in the Blount County jail, for which no one has been arrested? Do I join the effort to condemn the practice of overcharging mostly dirt poor inmates for phone calls, and commissary, so that corporations and counties receive greater kickbacks? 


Should I add my voice to those in this courthouse who show up protesting unjust sentences for nonviolent conspiracy charges? Or should I spend all of my time researching how many prosecutors, judges, attorneys, court clerks and law enforcement personnel who hold stock in the private prison industry, commissary companies, phone providers or medical contractors in these human warehouses? I see so many literal and moral crimes, and I’m just one person. My final answer is none of the above. I will continue to resist the ultimate crime of nuclear weapons and their production  here and around the world.”  


This quote is from a good friend of ours, Bonnie Urfer, who works at NukeWatch in Luck WI. 
 She just received the maximum penalty of 8 months in prison for her nonviolent civil disobedience action of  “trespassing”  at the Oak Ridge TN nuclear weapons plant.  Those of us who have spent time in jail know of the hidden injustice that occurs each day to inmates, especially to the many who suffer from psychological illness. It is symptomatic of how our society deals  with people.  If you have unmet needs, it is your own fault.  If you fail to conform to the mandates of society you are condemned to physical and mental punishment since the belief in our society is that the way to change people’s behavior is to physically or mentally mistreat them. Then they will learn right from wrong.  This is a far cry from the belief of Christ, Gandhi, Dr. Martin Luther King Jr., Dorothy Day and so many others who believe that only the power of love and kindness changes people to be better people. If you want a person to be loving and compassionate you must love and forgive that person the wrong he or she has done…..even when he or she has not apologized.  The Alma Center in Milwaukee attempts to do this by taking people just out of jail and giving them a place where they are treated with respect, dignity and love.  Most of the inmates have been born and bred in the midst of violence and poverty and, as a result, often go in and out of jail as a matter of course. They are merely responding to their unmet needs with the violence they were taught throughout their lives.  They were taught that violence gets you what you want.  The Casa Maria Catholic Worker community, the Alma Center and other 
communities are trying to teach that only nonviolence and the power of love will change people to be better.  To terrorize the terrorist is being a terrorist.. ------Don Timmerman


This moving piece starts with the words of Bonnie Urfer, whom Evan Greer and I met when we performed in Luck, WI.  Don Timmerman adds the rest of the commentary in the fabulous monthly newsletter that he and his wife, Roberta send out - THE SPARROW SINGS.  You can subscribe by emailing Don and Roberta at don2roberta@yahoo.com


OCCUPY AMERICA!


As I listened to all the media pundits declaring that the Occupy Movement is unfocused and has no demands ... I came across this manifesto - I think it's very inspiring - and i think, accurate too.  Something to wish for this holiday season. As the days get shorter, and the darkness appears to be taking over, it's my wish for all of us.

Can You Hear Us, America?

by Randall Amster

We find these views to be mutually relevant…

that all people, by virtue of their basic humanity, deserve the opportunity to live, work, and associate according to the dictates of their own consciences and capacities;

that the exercise of such freedoms is only tenable in conjunction with the ability of all people to do so, in the recognition that no one is free unless everyone is free;

that people situated in place know best how to manage the conditions of their lives, and that the political autonomy and economic self-sufficiency of local communities are the primary means of ensuring the freedom of the individuals in their midst;

that individuals and communities do not exist in isolation, but are interlinked through a global network of communications and cultural exchange that enables the realization of a shared future and a common interest in effectively preserving the continued existence of humankind;

that the integrity of the whole is based on the vitality of its parts, and that the stability and productivity of social relationships is contingent upon and reflective of our collective human interactions with the balance of life around us, upon which we depend for survival;

that the fruits of the earth belong to humankind collectively, and especially to the future generations from whom we merely borrow their blessings;

that no one ought to be bound into the indentured servitude of indebtedness, which coerces people to become complicit with an alienating economy and structures of their own oppression;

that education must be free, open to all, and not merely confined to classrooms and institutions;

that intergenerational justice works in both directions, with young and old alike being equivalent teachers and learners, bringing together the lessons of the past, the challenges of the present, and opportunities for the future into an evolving tapestry of mutual engagement;

that none should be compelled to labor for another except by the inherent desires of conscience and the reciprocal benefits of being served by others through the experience of community;

that collective decisions shall only be taken with the direct participation and informed consent of all those potentially affected by them;

that people, left to their own devices, are capable of self-organizing, self-regulating, and developing mutually beneficial structures of governance and the distribution of resources;

that we live in a world of abundance rather than scarcity, with the problems of inequality being ones of maldistribution and disenfranchisement rather than of quantitative lack;

that the shared spaces of society, including the material bases of existence, cannot be owned or controlled by private interests but must remain the collective responsibility of humankind entire;

that we already possess all of the tools and technologies necessary to create a just world, and that we require only the will to reorient the purposes to which we deploy them in order to realize it;

that what we do matters, that there is meaning to our existence, that we honor ourselves and each other through service and compassion, and that our lives are bound together in a seamless web of destiny;

that our rights and freedoms are equally balanced by our responsibilities and mutual obligations;

that we seek both independence and interdependence as the necessary conditions of social existence;

that there can be no peace without justice, no future without the past, no individuality without community, no opportunity without education, no liberty without equality, and no politics without participation;

that we strive to always create more than we destroy, to produce more than we consume, to give more than we take, to laugh more than we cry, to uplift more than we denigrate, to construct more than we critique, to share more than we acquire, and to love more than we hate;

that we seek a better world not merely for ourselves, our communities, and our allies, but for all of humankind, including those who have exercised their power unjustly and unwisely;

that we acknowledge the urgency of the moment while affirming our willingness and desire to remain engaged in long-term, perhaps even unending, struggles for human dignity and environmental sustainability;

that this task cannot be passed on to others, that we are the ones it has fallen upon, that it is our generational calling, that we have the power to alter the arc of society, and that we are the ones we have been waiting for to bring peace and prosperity to the world;

that the pursuit of material wealth represents a moral and spiritual void, and that the use of manipulation and force to maintain wealth disparity is a self-defeating enterprise based on the failure to recognize the binding principle of interconnectedness in every aspect of existence;

that we can, must, and will succeed in working collaboratively to turn crises into opportunities and to move from the brink of annihilation toward a world of appreciation;

that life is meant to be lived, that we are the creators of culture and not merely its consumers, that our actions and processes are ends in themselves, and that what we do at every moment is the revolution;

that the future depends upon us to occupy place and liberate space on its behalf, and our own;

that we have nothing to lose but our chains, and literally everything to gain;

that the person standing next to you is part of you, an extension of you, a reflection of you, an ally, a colleague, a relative, and a friend;

that the earth beneath our feet creates and sustains us, and that we must do the same for it in return;

that there is one unified race, the human race, and that our inherent diversity provides the strength that will see us through the changes and challenges at hand;

that there are no nations or borders, only peoples and places;

that we need everyone’s open hearts, willing hands, strong backs, and keen minds to avert calamity and ensure posterity;

that the sound of a child’s laugh casts out the monotonous drone of commercialism, that the wonder in a child’s eyes invokes beauty against blight, and that the hope in a child’s heart is more powerful than the downward spiral of despair;

that you are important, that your dreams are real, that your needs will be met, that your burdens are shared, that your wellbeing is paramount, and that you are loved.

Affirmed by deeds, to be enacted voluntarily by the people individually and in concert as a living declaration.

Thanks for reading!  See you next month!  Love, Anne
And hope to see you at the People's Music Network Winter Gathering in Lawrence, MA - January 27-29, 2012 - Celebrating the 100th Anniversary of the "Bread and Roses" strike!!

October 2011 - Anne Feeney's Fellow Travelers' Advisory - VOLUME SEVEN, #6

IMMEDIATE DESTINATIONS:


Rapid City, SD
Butte, MT
Missoula, MT
Bozeman, MT
Spokane, WA
Winona, MN




To buy CDs - visit http://cdbaby.com/all/unionmaid
For the latest medical updates:  http://www.caringbridge.org/visit/annefeeney/journal


Hi there hellraisers!


Well, I'm out on the road in North Dakota with Evan Greer... and it feels good.  My old friends Mark Froemke and Dave Kemnitz invited me to come to the 100th anniversary of the Northern Valley Labor Council and the ND AFL-CIO.  I played this convention many years ago, and have always admired the ND labor movement.  They're currently embroiled in a lockout of 1300 workers at American Crystal Sugar. These Bakery, Confectionary, Tobacco and Grain Miller members (BCTGM) were locked out on August 1st.  http://www.bctgm.org/ACS_Lockout.html

Photo by Joe Lynde

Now as the weather changes, and the harvest peaks, instead of negotiating ACS is spending millions on goonie security and imported scabs. And production is waaaaaaaaaay down. It looks like management has forgotten how the beets are processed into beet sugar, as they just can't seem to tell the scabs what they should be doing.  The results have been fires, accidents and injuries.  It's a huge source of frustration and occasional amusement to the loyal workers to watch the plant being trashed by incompetents.  

 Evan and I are traveling with Evan's partner, Erin Ryan Fitzgerald and their adorable 13 month old son Saoirse.  Next weekend we are playing in Spokane, WA for the WA State Public Employees conference.  In the meantime, we're going to do a few shows along the way.  We'll be spreading the word about the ACS lockout and collecting funds to support the workers.  North Dakota is a "right-to-work" (for less) state.  Unlike their Minnesota colleagues, the locked out North Dakota workers do not receive unemployment benefits.  As the lockout enters its third month, you can bet there is real hardship here in North Dakota.  We're going to be passing the hat for these workers at all the rest of the shows on this tour. You can support these locked out workers by sending a check payable to:


BCTGM Relief Fund
c/o Local 167G
100 N 3rd Street - Suite 50
Grand Forks, ND 58203






If you have friends in South Dakota, Montana or Minnesota, PLEASE let them know that Evan and I are out and about and would love to see them at our shows!


SUNDAY, OCTOBER 2ND, 2011

SKULLETS

Evan Greer and Anne Feeney in SD!

157 1/2 E. Main North St.

Rapid City South Dakota 

Price: $5

More information: 412-877-6480

TUESDAY, OCTOBER 4TH, 2011

University of Montana

Evan Greer and Anne Feeney - music and workshops! - 12:00 noon

Missoula,  MT 

Price: Free!

More information: 412-877-6480

Tuesday, October 4th - 7PM

Anne Feeney and Evan Greer - Music for Hellraisers

The Depot

816 S Arizona

Butte, MT

more information: 406-723-7070

Wednesday, October 5th

Shakespeare and Co. Bookseller

Anne Feeney and Evan Greer singing IWW songs! - 7:00pm

103 S. 3rd St. W

Missoula Montana 59801

406.549.9010

Evan and I will be singing some wobbly tunes at this book signing with Bill Adler, author of the great new book about Joe Hill - The Man Who Never Died: The Life, Times and Legacy of Joe Hill - American Labor Icon

http://themanwhoneverdied.com/

Price: Free!

 

THURSDAY, OCTOBER 6TH, 2011

Anne Feeney and Evan Greer in Bozeman!

THE FILLING STATION

2005 N Rouse Ave

Bozeman MT 59715

US (406) 587-0585 

Price: $7 - 15 sliding scale

Details TBA! Come out to The Filling Station for some High Energy radical music! Please spread the word!

SATURDAY, OCTOBER 8TH AND 9TH, 2011

Spokane Convention Center

Washington Federation of State Employees Convention

October 11th, 7PM

Anne Feeney and Evan Greer in Concert

Dib's Cafe (Cloud 9 Union Theater)

$8-15 suggested donation

77 W 3rd St

Winona, MN 

507-457-3427

Bruce's vigil

From March 2005 until last night, my friend and comrade Bruce Wolf has organized a Friday night vigil outside Walter Reed Hospital in Washington, DC.  The vigil calls for an immediate end to the wars, return of the troops, funding for veterans' health and needs. For six and half years two-dozen to 200 people have gathered outside the hospital with signs, singing and chanting.

They never missed a single Friday.   An amazing show of fidelity and devotion.  The hospital is closing, and so the vigils come to an end.  Unfortunately, the wars drag on.  I still congratulate Bruce and marvel at this fantastic achievement.

___________________________________________________________

Brain Scans, etc..

When I get back to Pittsburgh on October 13th I'll have a new brain MRI.  I hope I get good news.  You can follow detailed medical news at http://www.caringbridge.org/visit/annefeeney y

____________________________________________________________

Sweden/Denmark

Assuming I get the all-clear on the 13th, I'm going to go visit my husband in Sweden on October 15th... We're meeting in Copenhagen, where we went on our honeymoon, and visiting friends in Denmark and Sweden. I'll be there for his birthday on November 12th and then head back to the US for a wonderful family wedding in New Orleans.

________________________________________________________________

October birthdays & Family News

Casey Horne - Oct 5th, Dan Berlin, Jennifer McCahill, and Maureen Metcalfe - Oct 6th, Jan Boyd - Oct 9th, Jill Weldon Merrill and Bill Feeney - Oct 16th, Shelley Belusar and Steve Merrill on Oct 20th, Della Belmont McCahill -Oct 21st, Mason Avery Gailiunas - Oct 22nd, Carolyn Weldon - Oct 28th, Annie Dinerman - Oct 29th

I'll get to meet Julie's new grandson, Levi while I'm in Sweden!  YAY!


Stetson Kennedy, Rest in Peace


Today in St Augustine people are celebrating the life and work of my dear friend Stetson Kennedy, who died on August 27th and will be sorely missed by all who had the opportunity to know him.  


There's much more to tell, but no time to tell it.
Thanks for tuning in!
In solidarity,


Anne

Heads Up Pittsburgh! Big fun on Saturday, September 10th!

Here's some exciting news!

Come to the Pump House in the Homestead Waterfront on Saturday, September 10th at 1:30PM to meet someone very special, sing some Joe Hill songs with me, and buy a wonderful book!

My pal Bill Adler is coming to town with copies of his fabulous new book - The Man Who Never Died ... The Life, Times and Legacy of Joe Hill, American Labor Icon.  I met Bill in Sweden last year while he was doing research for the book. I was doing a concert at the Joe Hill house, and Bill came with one of Joe Hill's cousins...

There was a great article about Bill and his book in the NY Times last Sunday. He's making a little history of his own here, as I think he'll be known as the guy who found the evidence that exonerates Joe Hill.  

http://www.nytimes.com/2011/08/27/us/27hill.html?_r=1&scp=1&sq=adler%20joe%20hill&st=cse

You won't want to miss this very special event.  I'll lead a few Joe Hill songs, and Bill will talk about the book, and gladly sign your copy!  Cash, checks and credit cards all welcome.

Looking forward to seeing you there:

THE PUMP HOUSE
HOMESTEAD WATERFRONT 

SATURDAY, SEPTEMBER 10TH

1:30 PM

FREE

Light refreshments provided 

(If you've never been to the Waterfront, the Pump House is located on the eastern end of the property, right along the river, just past Lowe's on the way to the Rankin Bridge exit.  It's well marked.) 

Need more information?  Call me:  412-877-6480!

Anne Feeney

http://annefeeney.com

http://cdbaby.com/all/unionmaid - Buy CDs!

412-877-6480 (cell)

"Anne Feeney is the greatest labor singer in North America." -- Utah Phillips

September 2011 - Anne Feeney's Fellow Travelers' Advisory - VOLUME SEVEN, #5

Coming right up - hope you DC, MD, VA folks will celebrate Labor Day with me at this wonderful venue, listening to these fabulously talented musicians!  Buy your tickets or donate now at http://annefeeney.com

You can buy or download my CDs by calling CDBaby - 1-800-BUY-MY-CD (1-800-289-6923) or clicking here:  http://cdbaby.com/all/unionmaid   You'll have your CDs in time for Labor Day if you order now...  I've got a lot of CDs in inventory, and since I'm not working, it's really a help if you order CDs.  Thanks to Amy Goodman and Democracy Now! for featuring War on the Workers on today's show!


Labor Day 2011 - I've packed this month's newsletter with lots and lots of labor news... I hope you enjoy it...

When will we quit glorifying greed?  Somewhere along the line some deep thinker in the GOP said ... "So why is it we don't take candy from babies?  It would be so easy..."  and a new spiral of the most disgusting rapacious avarice began... suddenly anything that might make a buck is fair game in the world of capital. But instead of shocking the conscience of the nation, this greed is enshrined in the pop culture, glorified by the corporate media ... making the bottom line an all-powerful mantra for our nation.  All sorts of despicable behaviors are accepted in the service of the bottom line.  Just disgusting.  Thanks to a rash of free trade agreements and the under-the-table machinations of the IMF and world bank a global restructuring begins.  Social programs, education, health care are disassembled globally.  Millions of people are forced into migration.  Capital moves freely across borders while immigrants are interned, punished, deported. Unions are declared irrelevant, and the race to the bottom is in full swing.

But these truths remain:

An injury to one is an injury to all.
The union makes us strong.

How much money do you think Verizon would have to make in order to offer better benefits to its loyal CWA workers?  How could their they force workers out on strike during a year of record-breaking profits?

This is a great article to read this Labor Day
http://www.inthesetimes.com/working/entry/11832/verizon_strike_highlights_union_effect_on_middle_class_jobs/

And my old nemesis Conn Selmer is up to new evil... this time at its musical instrument factory in Eastlake, OH.  This company was the focus of my labor day message in 2009...
http://www.facebook.com/pages/Support-Local-2359-Eastlake-Ohio/170339503034839

My friends in the Pacific Northwest will want to support this struggle at Fred Meyer..
http://www.teamsters117.org/?zone=/unionactive/view_article.cfm&HomeID=213876

I'm headed to North Dakota next month to help celebrate the 100th anniversary of the ND AFL-CIO.  Wouldn't you know one of the largest regional employers has locked out 1300 workers!  SHAME!
http://www.bctgm.org/ACS_news.html

And take a look at these feisty guest-worker students!  Give 'em hell!
http://www.pennlive.com/midstate/index.ssf/2011/08/state_department_probes_claims.html


Jen Wallis, the plaintiff in this wonderful whistle-blower case, is a great pal.  I couldn't be happier about this result!
http://ruln.blogspot.com/2011/08/bnsf-harassment-cost-over-30000000-in.html#comment-form

BNSF Harassment cost over $300,000.00 in whistle blower case

FOR IMMEDIATE RELEASE: August 16, 2011
BNSF Fined $150,000 Punitive Damages, $125,000 Compensatory
Damages, $22,917 Attorney’s Fees and 30 day’s back pay for Harassing
an Employee who filed an Accident Report under Federal Whistleblower Law.

The $150,000 punitive damages award is the largest thus far awarded
nationally under the new Whistleblower law.
On November 16, 2008, Jen Wallis, a BNSF Hostler employed in
Seattle, WA, sustained an on the job injury in which she injured her
knee. BNSF officials followed her to the hospital, attempted to go into
the room with doctors and staff but were not allowed to do so after Ms.
Wallis complained. Ms. Wallis filed a personal injury report with
BNSF.
Eight days later BNSF served a notice of investigation upon Ms. Wallis
requiring her to attend an “investigative hearing” after which employees
can be disciplined or even fired. Ms. Wallis retained William
Jungbauer to represent her in her claim for injuries under the Federal Employer’s Liability Act
(FELA).

Jungbauer filed her case in Federal Court in Seattle, and moved for a
protective order from the Court to protect Ms. Wallis from being
subjected to questioning and/or discipline in the “investigative hearing”
that BNSF had scheduled.

The Federal Court granted Jungbauer’s motion and BNSF was unable to
force Ms. Wallis to attend the “investigative hearing”. BNSF later
decided to hold the hearing anyway, even in Ms. Wallis’ absence.
BNSF assessed discipline of 30 days, deferred on Ms. Wallis and further
put 40 “Points” on her disciplinary record. BNSF calls such points
“Risk Identifier Points” and CLAIMS that such points are not used for
any harassment or intimidation purpose.
Congress had previously held hearings before the House Transportation
and Infrastructure Committee in October of 2007 during which the BNSF
“points system” was discussed by Jungbauer, who testified on behalf of
injured workers and by a BNSF vice president. Historic Whistleblower
protections were passed by both Houses of Congress and signed by the
President in 2007 and 2008.
Jungbauer then filed a Whistleblower claim against BNSF on behalf of
Ms. Wallis in Seattle, WA. OSHA investigated the BNSF system of
“points” and whether or not injured BNSF employees such as Ms. Wallis
were harassed or intimidated by such BNSF programs. Under the BNSF
program, workers who file injury reports that are “reportable to the FRA”
get 40 demerit points; workers who file reports that are not reportable to
the FRA get only 5 demerit points.
“This system punishes workers who file accident reports that are required
by law to be reported to the FRA. It is clearly an effort to discourage
employees from filing accident reports that are passed on to the FRA”
said Jungbauer.
Ms. Wallis settled her personal injury FELA case with BNSF over a year
ago for an amount that cannot be disclosed as part of the settlement.
Late yesterday the Secretary of Labor, acting through the Regional
Administrator of OSHA in Seattle issued the Secretary’s Findings and
Preliminary Order in Ms. Wallis’ case:
1. BNSF must pay back wages to Ms. Wallis of $21.00 per hour for 30
days;
2. BNSF must pay Ms. Wallis $125,000 for mental pain and suffering;
3. BNSF must pay Ms. Wallis $150,000 for punitive damages based
on BNSF’s “recklous and callous indifference” to Ms. Wallis’
legally protected rights under the Federal Whistleblower Laws;
4. BNSF must expunge from Ms. Wallis’ personnel records any
adverse references relating to BNSF’s suspension of Ms. Wallis for
future requests for employment recommendations.
5. BNSF must remove and destroy the suspension from Ms. Wallis’
record and must remove the 40 “points” and any other “points”
BNSF assessed against Ms. Wallis for reporting her injury;
6. BNSF must pay Ms. Wallis’ attorney $22,917.50 in attorneys fees;
7. BNSF must post Whistleblower Protection Information Documents
at all locations where employees are given information from BNSF;
and
8. BNSF must post a notice to employees signed by Matt Rose,
President of BNSF informing employees of their rights and that
BNSF will not use the “point system” again against employees who
report personal injuries.
“This is the most significant Whistleblower Decision in the History of the
Law” stated Jungbauer. “BNSF was directly scolded by Chairman
Oberstar of the House Transportation and Infrastructure Committee in
2007 about the harassment effects of the “points system” . Perhaps
BNSF will now comply with the Federal Law rather than pay damages
and punitive damages to injured employees across the country. BNSF
needs to know that this is only the first of many cases that are already
filed or about to be filed across the country in which the “Point System”
and other programs and policies that harass or intimidate injured workers
will be at issue.”

And this is a wonderful article on labor forwarded to me by my friend Bill Barry:
 8 Union Victories Progressives Should Be Watching -- and Learning From ... 
By Eric Loomis

http://www.alternet.org/story/151974/8_union_victories_progressives_should_be_watching--and_learning_from

If Rick Perry isn't scaring you to death yet, read this...

http://www.talk2action.org/story/2011/8/8/114844/0135




AUGUST 24-28 IN MADISON, WI

http://democracyconvention.org/
Join me at the Democracy Convention in Madison.  A glance at this webpage should convince you to clear your calendar!


FAMILY NEWS/BIRTHDAYS

Dan, Monique and Sebastian off to Zimbabwe!
My son and his family started their Zimbabwe adventure yesterday.  They apparently don't have email or phone service yet.  It's small consolation to be able to keep the remote control and phone on the coffee table when it means that there's no Sebastian show starting here at 8AM daily...  Our months together here were so precious.

The family at Kennywood Park

Monique and Sebastian getting ready to cut into his 1st birthday cake!

I don't know how I'll make it until December, when I hope to see them again in Harare, Zimbabwe - I miss them all so much already.



Amy Berlin turns 30!

My beautiful Amy turns 30 on September 1st.  She's having a big birthday bash at the Kerrville Wine and Music Festival.   I'm twice as old as my daughter this year!


Big family wedding coming up!
Cousin Christina Mumphrey to marry Michael Schafer November 19th in New Orleans... Should be a wonderful celebration!

Radiation - 13 down, 2 to go..                                                                              

The mask goes on...

The laser lines up the spot

Bald again!

Cousins cruise -  I've got 8 cousins on the inland passage cruise to Alaska from August 25th- September 2nd... I'm pea-green with envy!  What a great trip that will be.  Still haven't seen Alaska or Hawaii...

September Birthdays....

Christina Mumphrey, Sep 3rd - Mary Grefenstette, Sep 11th - Kris Deelane, Sep 12th, Danny Donnelly and Faith Petric (96!), Sep 13th - Tod Faller, Sep 14th - Mardy Weber McCahill, Sep 21st - Kay McCahill Mumphrey, Sep 25th - Charlie Warren, Sep 27th


Thanks for reading another episode of the Fellow Travelers' Advisory ...  Your letters, emails, cards and support mean more to me than I'll ever be able to adequately express.  This mandatory slowdown has given me an opportunity to spend more time with my family and friends - a great gift at this time in my life...  Thank you for making it possible for me with your generosity and kindness.  Hoping to see some of you in DC on Labor Day, and all of you someday soon...