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Report of the National Committee on Equity To The 64th Annual Convention Immigration - Post September 11, 2001 The United States has often been called "a nation of immigrants," and most Americans, with the notable exception of Native Americans, have ancestors who arrived from other countries, either voluntarily or involuntarily as enslaved Africans. Throughout American history immigrants helped build American cities, towns, businesses, civic and cultural institutions, and our economy. The horrific terrorist attack of September 11 has, in some quarters, replaced a growing tolerance, respect, and understanding of immigrants who live and work among us with fear and scapegoating. Many who have always opposed immigration and fair treatment of immigrants now seek to capitalize on this fear to push for policies and practices that penalize hardworking immigrants for the deplorable acts of criminals who came to the United States not to pursue the American dream, but to destroy it. While there may be justification for some tightening of immigration laws and procedures, it must be done in a careful and targeted manner to deter terrorists or other ill-intentioned persons who enter the United States to do harm. At the same time, it is critical that measures to ensure our security not overreach to permit discrimination, racial or ethnic profiling, or other abusive treatment of honest, hardworking immigrants. Immigrants are not terrorists; terrorists are criminals no matter where they come from. Unions are playing an important role in bridging the gap between immigrant and non-immigrant workers. We are uniquely situated to facilitate dialogue in our workplaces and our communities that will ultimately lead to a stronger nation in which diversity is greeted with respect, not suspicion. Fairness and inclusion, not exclusion, will prove to be our strongest weapon against those who would tear this country apart. Social Security The proposal to privatize Social Security and invest funds in the stock market was a top priority for George Bush during the presidential campaign of 2000. However, the tax cuts, sagging economy and the war on terrorism have depleted the budget surplus needed to make the transition to private accounts. Only a limited number of ways exist to fund a move to a partially privatized system: cut benefits, increase taxes or increase government borrowing. The President's Commission to Strengthen Social Security has chosen cutting benefits as a major part of the solution. Privatizing Social Security not only would shred an important social safety net for families and retirees, but it would worsen the program's financial condition and create the real possibility that benefits could run out. When President Franklin Delano Roosevelt signed the Social Security Act into law in 1935, it was designed to combat poverty among older Americans. This system has now become the main source of income for most older Americans, with 62% of its recipients using it for one-half or more of their annual income. Social Security keeps some 15 million Americans above the poverty line. Elderly African Americans and Hispanic Americans rely on Social Security more than do white elders. In 1999 three out of every five elderly people lifted out of poverty were women. It is this disproportionate reliance on Social Security benefits that makes any changes to the program a civil rights issue. Women, the disabled and the poor would suffer more than white men if COLA reductions, increased eligibility age and privatization are implemented. These are just some of the discriminatory practices of a revamped, privatized Social Security system. However, gay men, lesbians and their families are being discriminated against by the current plan and their inability to access survivor benefits. The absence of this benefit costs surviving partners approximately $100 million a year. At its winter meeting, the Democratic National Committee approved a resolution stating, "Social Security would be strengthened if same-sex partners were treated equally." The National Committee on Equity urges the CWA leadership to join in the fight to protect our Social Security benefits and to continue their efforts in encouraging Congress not to weaken our current laws but to strengthen them and make them inclusive for all workers who contribute to the plan. Justice Matters With the election (selection) of the "Commander in Chief" of the United States, many individuals focus on the major appointments that accompany the position such as Secretary of State, Secretary of Defense, the head of the Department of Education and Justices to the Supreme Court. These appointments get much more attention than some of the "lesser" appointments, which can have more of an impact on our day-to-day lives. Falling under the category of lesser appointments one finds the nominations for justice of the thirteen courts of appeals. The court of appeals can exercise enormous power in deciding cases on issues such as civil rights, women's rights, worker protection, religious liberty and environmental issues. The lower federal courts of appeals make decisions on a vast majority of federal cases, cases that never make it to the Supreme Court. In 2001, federal courts of appeals decided more than 28,000 cases - many on human and civil rights and the environment. This compares to fewer than 100 opinions handed down by the United States Supreme Court. Many appeals courts decisions stand as final word governing the law in their region. We are in a unique situation in which many of our constitutional freedoms and civil rights are at risk. Republican-nominated judges currently hold a majority on seven of the 13 circuit courts of appeals. If President Bush's current nominees are approved, judges with right-wing ideologies will make up a majority of 10 circuit courts with a possibility of all 13 circuit courts being held by a majority of Republican-nominated judges by 2004. Once confirmed, judicial nominees have a lifetime appointment, which can affect individual rights for generations to come. Careful review and scrutiny of federal judicial nominees is critical to protecting our rights and freedoms. Each judicial nominee's record should be carefully examined including all writings such as briefs, articles and opinions (published and unpublished). The Senate should withhold its consent from nominees who do not demonstrate a commitment to civil rights and civil liberties. As the Senate considers the nominees of Presidents Bush, there are things that each of us can do to defer the selection of right-wing Republican-nominated judges who don't share our values: Investigate information on nominees from your federal court district. Research data that makes the local news but may not get national attention and share it with the Senate Judiciary Committee. Educate "each one, teach one" about the importance of tracking the nomination process. Each one teaches one about how the placement of the wrong person could affect their children and their children's children. Initiate a campaign in your community and at your work location to contact the senators in your home state and express the need for careful examination of the nominees. Activate report cards on the nominees and their progress through the examination process. The CWA Diversity Report Card: A Dream Deferred This convention marks the 10th year since the Committee on Equity first reported out at the Convention. It took a constitutional amendment passed by the delegates at the 1991 Convention for this to happen, as well as to set forth the agenda that is now 10 years old in its implementation. This year we had hoped to celebrate instead we are faced with controversy. We can no longer even speak fully to our issues. It is ironic that on the 10th anniversary of the Committee on Equity being allowed the same freedom as the other convention committees to report out, our report is being censored. An executive summery is not in the spirit of what our brother and sister delegates fought for and won in 1991. In order to measure the progress of CWA's equity agenda we need to review the original recommendations introduced in the COE's first report at the 1992 National Convention. In 1992 the Committee recommended that: 1. Each District hold an annual Minorities Conference. The District Conferences should strive to educate, train and promote an understanding of cultural diversity and encourage minority participation at all levels of CWA. All District Vice Presidents advise each Local President to form a Local Committee on Equity. Local Equity Committees should be in place by the 1993 Convention barring any work stoppage. In those states where the Vice President believes it is applicable, a State Equity Representative shall be selected. The President request demographic workforce data from our larger employers (public and private). This data should include a breakdown by minority groups and sex (including physically impaired). The data is to be submitted to the National Committee on Equity prior to their next meeting. The International Union review and evaluate employment tests beginning with those at AT&T. Areas of concern are the direct applicability of these tests to job performance, the validation of the tests, whether the tests are minority biased and if they are being used to screen certain employees. The results of this report are to be submitted to the National Committee on Equity for their review. "Equity has always been a cherished tenet of the union movement, but its definition and application are not easy. Often the majority group assumes a loss of power and/or property which causes roadblocks in the struggle to correct existing inequities." If we were to use the 1992 COE agenda our score would be dismal at best. What is of greater concern is why? In the past year CWA has shown on more than one occasion that the collective must be maintained for the continued success of our union. Nowhere is this effort seen clearer than in our political action agenda. As we face our maturity and recognize that the future of CWA is our youth, we preach that we must organize, recognize, and embrace them. We consistently talk about the need to educate our membership and how critical their activism has become. All of these actions would assume that we are building this union based on what we represent. This means a union based on a diverse membership. So, if we know these things to be true why are we in a state of turmoil on this 10th anniversary of the COE's first report to the Convention. BECAUSE THERE ARE LEADERS OUT HERE WHO JUST DON'T GET IT! When leaders believe they can stifle our youth by threatening to no longer allow them access to conferences where they can learn to think critically; When sisters and brothers are on the verge of being divided on issues of representation, and racial equality before resolution is achieved; When we still have the majority believing it needs to help the minority articulate what is best for them, or helping them save face; When it is believed by not allowing people to be heard you can make an issue go away. THERE ARE LEADERS OUT THERE WHO JUST DON'T GET IT! It is ironic that we are the Communications Workers of America, and we still have so much trouble communicating with each other. If we can't hear with our heads and our hearts the issues of those we have fought side by side with, how can we ever present ourselves as the answer for those seeking inclusion and democracy by organizing into our union. We must finish the agenda set forth in 1992 and move the agenda adopted in the 2001 report listed below: Diversity training must be included as part of the requirement for all elected and appointed union officials, regardless of level. Local equity committees should be as much a mandate as a local finance committee. We need new demographic data. We need to get an accurate profile of our membership -not how many elected officers are minorities. Many of you have already committed yourselves to adopting these agenda items. You have done so because you truly embrace the tenets of unionism, which include equity. From local, to District, to National levels many leaders have shown by action and continued affirmation the belief that we are enhanced by our diversity, and strengthened by our humanity. This year the Committee on Equity made a promise to ourselves and to our fallen brother Phillip Perkins that we would not cease in our struggle until our goals had been realized. Phillip Perkins dedicated his life to fighting for equity as a civil right. We the living are committed to giving ourselves. We recognize nothing or no one can stop an idea whose time has come. The time for dreaming is long past. ONE BODY, ONE VOICE, ONE UNION! Civil Wrongs - Not Civil Right After 9/11 Civil rights laws have been enacted over the years to reverse a history of discrimination and inequality. For nearly 40 years, many have struggled and more than a few have died for fundamental rights in this country. As we begin the new century, America is continually growing more diverse. Somewhere around 2050, no one race will be a majority in this country. It has always been imperative that we continue the pursuit of freedom for all those who will follow. During the months before September 11, there were several pieces of legislation introduced that would strengthen the fight against violence motivated by prejudice, the humiliation of being stopped while driving, flying or even walking for no other reason than the color of your skin, or senseless workplace discrimination. We the Communications Workers of America applauded the introduction of all these bills and believed such legislation sets an appropriate course of action. The all-inclusive Protecting Civil Rights for All Americans Act, S.19. The Local Law Enforcement Hate Crimes Prevention Act of 2001, HR. 1343. The Traffic Stops Statistics Study Act, Title II of S.19. The Employment Non-Discrimination Act (ENDA). The Equal Protection of Voting Rights Act, S. 565. Out of the ashes of the terrorist attacks on September 11, an uncertainty has emerged and the legislation being considered by Congress continues to revolve around the misguided perception that giving expanded, unchecked authority to those who enforce our laws will necessarily make us safer. The Administration has continued to announce questionable policy after questionable policy. Mounting evidence suggests that this Administration's belief is that any policy considered anti-terrorist provides greater security. This legislative climate signals a dangerous move toward making law enforcement officials accountable to no one but themselves. The USA-PATRIOT Act contains many important provisions strengthening federal law enforcement capabilities, ones that we hope prove useful in the war against terrorism. But certain aspects of the new law expand the power of the federal government to detain and deport non-citizens suspected of engaging in a wide array of activities that are now defined under immigration law as terrorist activity. The Aviation and Transportation Security Act established a number of requirements for "security screening personnel" including a civil service exam, a high school diploma or equivalent experience, physical and mental requirements, background checks, training and competency in written and spoken English. The bill also establishes that screeners be U.S. citizens. The citizenship requirement would bar legal immigrants from working as airport screeners even though no such requirements exist for members of the U. S. military, airline pilots, flight attendants, etc. Attorney General Ashcroft implemented a new eavesdropping regulation that would give the government the unprecedented power to listen in on conversations between prison inmates and attorneys. The new regulation allows the Justice Department unilaterally, without judicial oversight, and with no meaningful standards, to decide when to eavesdrop on confidential attorney-client conversations. President Bush issued an executive order that would allow special military tribunals to try non-citizens charged with terrorism. The impact of these measures will be far-reaching. Military tribunals would authorize secret trials without a jury and without the requirement of a unanimous verdict. They would limit a defendant's opportunities to confront the evidence against him and to choose his own lawyer. We must take action now to ensure that Congress preserves the constitutionally guaranteed checks and balances that are so central to our democracy. We must have faith in our ability to protect both the freedom and the security of all Americans, regardless of race, religion, ethnic background or appearance, including immigrants in general, Arab Americans and Muslims. A renewed commitment is essential to the future of civil and human rights. Institutional Bias in CWA We the Communications Workers of America are assembled at our 64th Annual Convention. We have seen many changes in American society and in our union over those 64 years. Through broader organizing initiatives and many mergers and affiliations, CWA has grown ever more diverse in the occupations, industries and bargaining units we represent, and also in the ethnic makeup of our membership. That diversity, however, is not reflected in CWA's leadership at the higher echelons today. This report is meant to stimulate a discussion of how we encourage the advancement of minority men and women to top leadership positions. Since the 1950's and 60's civil rights movement, much progress has been made in promoting equal opportunity throughout the United States. As with other institutions, organized labor has taken huge steps to provide opportunities for minorities to move into leadership ranks. But much more needs to be done to build union leadership that is truly reflective of union membership. People of color are not well represented on CWA's Executive Board. And there are few if any to be seen on the horizon within the top staff positions. At every level of the union, we can and must do more to walk the walk when it comes to opening up equal opportunity for all. There are many minority activists and local officers who potentially have much to offer in higher positions. Graduates of CWA's Minority Leadership Institute, and other activists who come to conferences, like the recent well-attended Civil Rights and Equity Conference, give us an ever-expanding pool of future leaders. We challenge our union at every level to reach out to talented minority men and women - they are out there - and help them advance to positions where they can continue to develop and be able to run for, and win elections to our top leadership. Local unions must strive to seek out stewards who are reflective not only of all sectors, but of all people as well. And our national union officers must make a special effort to hire and promote able minority staff members. Diversity is an asset for America and for our union. CWA can and must lead the way for the labor movement in building leadership that reflects the diversity of our rank and file. Si Se Puede! Yes we Can! Election Reform Update One of the highest priorities for the civil rights community in the past year has been to ensure the passage of legislation that restores confidence in the electoral system. The problems experienced in the 2000 presidential election - not just in Florida but also in other states - have undermined national confidence in the current electoral process. This must not be allowed to occur again in any state, in any election. If, according to the Supreme Court decision in Bush v. Gore (2000), it is unconstitutional for a state to employ varying standards in conducting a manual recount of votes, surely it is unconstitutional for the state to employ varying technologies with widely varying reliability when it comes to administering other aspects of the electoral process. On December 12, 2001, the House of Representatives passed the "Help America Vote Act of 2001" (H.R. 3295), a comprehensive election reform bill, by a vote of 362-63. However, there is concern about the bipartisan compromise legislation, because it includes an opt-out provision that would allow any state to avoid complying with suggested federal standards to address the gross inconsistencies in election quality from state to state. The bill was also ineffective in addressing the serious problems facing non-English speaking persons with disabilities (difficulties) in casting their ballots, and it fails to provide for much needed voter education. Following extensive negotiations, the Senate passed the "Equal Protection of Voting Rights Act of 2002" (S. 565) on April 11, 2002 by a margin of 99-1. The bill contains many improvements over the House-passed election reform bill. However significant issues remain. At the 63rd annual CWA convention the National Committee on Equity recommended that each local adopt the community within its jurisdiction. We urged leaders to learn the election rules and become poll workers or an election official for your state, county or city. While it is important to encourage Congress to pass laws that will assure Americans that every vote must count, it is also important that we mobilize our members to use our collective power to make sure that we don't have a repeat of the 2000 election. Tolerance The battle against intolerance and discrimination has continued to be an ongoing theme of American history. We the members of CWA must realize the need to speak out against intolerance being practiced against our members as well as people in our communities. As union activists we must strongly continue to protect the rights of our members and demonstrate that equality is important to all of us. It is important that within our own CWA circles we promote the ideals that equality and freedom have an important place at the table and is a right for all of us. Hidden bigots must be held accountable for their actions, and can't exist as a part of this union. We must reach out to schools and communities interested in fostering understanding and respect. Tolerance takes on many meanings for each of us and it is important for us as a union to implement the best anti bias ideas that we have. We as Americans found ourselves confronted by an unimaginable, unconscionable and unthinkable act of pure hatred that landed on our doorstep on September 11, 2001. Each one of us can reflect back on where we were at the time of the first attack on of the World Trade Center and the chaos and confusion that ensued. Even after the initial shock of the September 11 terrorist attacks subsided, many of us, in conversation with friends and colleagues, still grappled to find words that would do justice to the enormity and gravity of the events. Our grasp of language seemed immediately and desperately inadequate. Teachers, in many ways, had the most daunting task - trying to explain something that they themselves did not yet fully comprehend to our children and to further explain the shadow that was now cast on the Muslim community in our country. The terrorist attacks spawned an onslaught of victimization against (of) American Arabs, Muslims and Sikhs and there are reports of thousands of incidents of harassment, assault and even murder. While some Americans are responding with acts of tolerance, the backlash showed - and continues to show today - the deep, simmering, hidden racism of some that has come to the surface after this bold act of the Al Quaida army. In America we have had many incidents of hatred of this type: The unconscionable act of Timothy McVeigh's description of the deaths of 19 children in the 1995 Oklahoma City bombing as "collateral damage." McVeigh's subsequent execution marked the demise of the militia movement, which was formed to create this sort of havoc. The unthinkable 1964 bombing of a Birmingham, Alabama church on a Sunday morning. The blast killed four girls, all under the age of 15. Unimaginable was the sheer devastation of loss from the September 11 terrorist attacks on the World Trade Center and Pentagon. These tragedies left 3,000 dead in New York and hundreds killed at crash sites in Pennsylvania and Washington, D.C. The focus on intolerance in higher education has expanded to include examinations of sexual orientation and gender on campus. Many of you here today can probably share your stories about tolerance - and intolerance in your own work places. An investigation done by the Southern Poverty Law Center in 2000 found that the nation's hate crime reporting system is in shambles. The question is why? Why should a human being be murdered such as our own Danny Overstreet because he could not be accepted for being gay? He was still a human being. We all share the same goal, which is to promote justice and equality for all. We are all equal just as Dr. Martin Luther King expressed in his I have a Dream Speech: "I have a dream that one day this nation will rise up and live out the true meaning of its creed, We hold these truths to be self-evident: that all men are created equal." As trade unionists, we need to be tolerant and accepting of those who are different from us for we are one. Neither race, gender, sexual orientation nor national origin will exclude you when God calls for you because in his eyes we are equal and share the world together. We must remember a place at the table has been prepared for each of us and until God calls we will all remain at that table together in this world together. Respectfully submitted, Terez Woods, Chair President, Local 4309 Gwen Richardson Executive Board Member, Local 1180 John R. Wills Secretary-Treasurer, Local 2202 Mary E. Garr Vice President, Local 3310 Keith Robinson Vice President, Local 6310 Marlene Orozco Member, Local 7777 Karen Kimbell-Hanson Vice President, Local 9588 Beverly Davis Executive Vice President, Local 13500