Working Harder for Less
By Jim Adams LU 1853

Monday, August 23rd was a catastrophic day for American Workers. It was the
first time in history the American government moved to cut paychecks by eliminating overtime pay for millions of people. The day didn't pass quietly. Thousands of workers in Florida, Missouri, Ohio and all across the country, including the Nation's capital, called on Congress to turn back President George W. Bush's attack on overtime pay. Hundreds of Union Members protested outside the U.S. Department of Labor, many wearing union T-shirts, carried signs such as "President Bush hands off my overtime pay," and chanted, "Come on all you billionaires, give us wages that are fair."

In the past year, Union Members of every of every breed and political persuasion joined together flooding Congress with forests of Faxes and phone calls attempting to stop the new overtime rules. George Bush performed an “End Run” past three congressional efforts to stop this massive pay cut, ignoring the millions of voices that opposed it and forced this ruling on America's working families. The net effect shocked Labor groups and working Americans across the Nation leaving Vice Presidential candidate John Edwards in a CNN interview to state: “Why would anyone want to take overtime pay away from as many as six million Americans at a time when they need that money the most?"

According to UAW Region 8 Director Gary Casteel, this ruling will have a devastating effect on non-Union Members as well. “This executive ordered administrative change directly threatens the working class who are not unionized by taking away the overtime they depend on to feed their families. Those of us who are protected by collective bargaining agreements will see our employers requesting concessions on overtime in the future and will take full advantage of this law, just as many of our Members worried about what would happen once they got their foot in the door on gun control. Don’t think it’s not going to affect you and your family in the future, because this is the first step.”

On July 14th of this year, The Economic Policy Institute (http://www.epinet.org/content.cfm/briefingpapers_bp152) issued a position that forewarned the Nation as to what these changes would entail: “On April 23, 2004 the Department of Labor (DOL) published regulatory changes that, if they are allowed to take effect, could strip away the right to overtime pay for over six million workers. The original version of these rules, proposed by the Bush Administration in March 2003, would have stripped overtime protection from eight million workers. In the face of widespread public opposition, the administration promised that its final version of the rules would correct this problem, a promise it has failed to keep.

Under the current Fair Labor Standards Act (FLSA) regulations, most workers are guaranteed the right to overtime pay, commonly known as “time-and-a-half,” for every hour worked beyond the normal 40-hour workweek. Three basic tests determine whether workers are exempt (i.e., ineligible for overtime pay) or non-exempt (i.e., eligible for overtime pay). The regulatory changes issued by the Bush Administration in April 2004 would make drastic changes to these tests, vastly increasing the number of exempt employees and making it likely that millions of them will work longer hours at reduced pay.”

LU 1853 President Rick Martinez, shares Brother Casteel’s above stated concern “We think that we are protected because we have a Union Contract that guards our negotiated rights on overtime. We are competing against un-organized companies like Nissan where the workers don’t have a contract to protect them and the net result will hand those companies a cost advantage on labor. They will use that cost advantage to become more competitive and gain more market share. Do not think that we are protected. It won’t be long before overtime is on the negotiating table and our members will be working harder for fewer dollars.”

"The fight is not over yet," said Republican Sen. Arlen Specter of Pennsylvania,** an opponent of the changes who is facing a tough re-election bid in November.

Congress reconvenes Sept. 7, but critics of the rules acknowledge repeal is a long shot, given the threat of a veto by Bush.

“There is a slight chance that these Executive Ordered Administrative Changes can be rescinded when Congress reconvenes on September 7th,” proclaimed Tennessee State CAP Chairman Guy Z. Derryberry. “But don’t hold your breath; these changes were made arbitrarily by Bush without the consent of Congress. In one executive order, Bush has taken the American Labor Movement back fifty years. The only way to guarantee that this ruling is rescinded is to change the administration in Washington, much like when Bush wiped out the Ergonomic Standards passed by the Clinton Administration in his first few days in office... I hope that our Members will remember that when they go to the polls in November.” Derryberry concluded.

**Associated Press, Mon, Aug 23, 2004