Connect with us

National

U.S. agency seeks to cut LGBTQ protections in union contract talks

NLRB denies meeting with employees concern about anti-LGBTQ move

Published

on

The National Labor Relations Board is seeking under the Trump administration to axe LGBTQ non-discrimination language — as well as protections based on race, sex and religion — from its union contract with professional attorneys within the U.S. agency as part of collective-bargaining negotiations, according to union representatives.

The union, known as the National Labor Relations Board Professional Association, is made up of about 120 attorneys at the NLRB headquarters in D.C.

“They’re taking it all out,” one NLRBPA member said. “They’re basically saying it’s duplicative, it’s covered by statute, so we don’t want to do anything through grievance and arbitration. If you think there is discrimination, then you need to a file complaint with the EEOC.”

The NLRBPA is pleading with Rep. Jamie Raskin (D-Md.) and Sen. Dianne Feinstein (D-Calif.) to step in and urge the agency to keep those non-discrimination protections in place within the union contract. Individually, LGBTQ employees with concerns over removal of the non-discrimination protections also sought to meet with management on the issue, but were rebuffed, union members told the Washington Blade.

For the time being, NLRB is required to maintain the non-discrimination protections from the previous contract, even though that contract expired last year. But that situation is expected to change soon. As a result of executive orders signed by President Trump last year, federal employee unions are required to engage in negotiations with their respective agencies to form new contracts.

In a pair of letters dated March 5, the NLRPA calls on Raskin and Feinstein to engage in oversight of the agency as it seeks to eliminate those non-discrimination protections. One letter calls the proposal “a giant step backward in the fight to ensure that LGBTQ workers receive equal treatment under the law.”

“It is a mark of shame that employment discrimination against LGBTQ employees, including federal employees, has been tolerated for so long, and to callously take any protections away after so long a struggle for equal treatment would be unconscionable,” one letter says. “In that spirit, we would be most grateful for any oversight of the agency and help that you can provide to defend the workplace rights of our LGBTQ brothers and sisters.”

The letters also express other concerns. Among them is NLRB proposing to eliminate a standing joint labor-management Equal Employment Opportunity Committee, a reversal the union says turns “historically a cooperative relationship between management and the union into an adversarial relationship.” The NLRB also proposes to undercut the grievance and arbitration system in other ways, the letter says.

Raskin, in a statement to the Blade responding to the letter, said NLRB’s proposed removal of LGBTQ protections is unjust, especially from a U.S. agency charged with enforcing federal labor law.

“Trump’s administration has tried from the start to purge all mention of LGBTQ rights from federal law and policy,” Raskin said. “Now, by proposing to eliminate protections for LGBTQ employees from its collective bargaining agreements, the NLRB — which is supposed to be a leader for workplace fairness—becomes the latest perpetrator of the administration’s political assault on equal protection and equal employment rights for the LGBTQ community.”

NLRB, according to members of the union, justified its proposed removal of the non-discrimination protections on the basis that employees could seek recourse against discrimination under Title VII of the Civil Rights Act of 1964, a federal law that bars discrimination on the basis of race, color, religion, sex and national origin.

But that law as it stands affords no protections based on sexual orientation or gender identity. Although the U.S. Supreme Court is considering litigation that will decide whether anti-LGBTQ discrimination is a form of sex discrimination, thus illegal under Title VII, there is no certainty that will happen.

Should the Supreme Court rule Title VII doesn’t cover anti-LGBTQ discrimination, NLRBPA attorneys would have no recourse under federal law for LGBTQ discrimination claims.

NLRBPA employees — even though they work within D.C. — also aren’t covered by the D.C. Human Rights Act. Although the law bars anti-LGBTQ discrimination, the D.C. Human Rights Act doesn’t have jurisdiction over federal entities, such as NLRB.

Over the course of contract negotiations, one NLRBPA member said, management was unmoved by the argument LGBTQ non-discrimination protections are needed in the union contract because the Supreme Court might be against them under Title VII.

“There’s a possibility we’re not going to be covered by statute, so we will have no protections whatsoever,” the NLRBPA members said. “And my understanding was the agency response was, ‘We can’t control what the Supreme Court does.”

According to the NLRBPA, non-discrimination protections based on sexual orientation have been part of the NLRBPA contract since 2002 and non-discrimination protections based on gender identity have been part of the contract since 2017. Although that contract was terminated in 2019, the agency remains legally obligated to enforce it until a new contract agreement with the union is reached.

“So you can imagine our dismay when we received contract proposals from management eliminating the contractual provisions prohibiting discrimination based on sexual orientation and stating that any ‘prior MOUs, agreements, or settlements executed prior to the latest date below are not incorporated into this agreement,’” the letters say.

Outside of union negotiations, the letter says, a group of LGBTQ employees sought to meet with senior management to discuss concerns over the removal of the non-discrimination language, but were unsuccessful.

Adam Naill, an NLRB attorney and NLRB union official, affirmed to the Blade via email a group of LGBTQ employees were denied a meeting with management outside the negotiations.

“A number of LGBTQ folks at the agency attempted to meet with NLRB senior leadership to just express their concerns about the proposal and how they’re feeling — frightened and alarmed — about management’s position on this and were rebuffed, senior leadership said they wouldn’t meet with employees about the issue,” Naill said.

The NLRB justified denying the meeting, one NLRBPA member said, by giving assurances the agency is committed to LGBTQ equality and saying the meeting would be inappropriate amid ongoing contract negotiations.

But the NLRBPA member expressed doubt about that commitment to LGBTQ equality based on attorneys in the workforce overheard making homophobic statements.

“Among some of the rank and file attorneys, those people who very likely in the coming years will probably be promoted to supervisors, there’s been several times overhearing some very problematic homophobic, misogynist statements coming from them,” the NLRBPA member said.

The office of Feinstein didn’t respond Monday to the Blade’s request to comment on the proposed removal of LGBTQ protections. The NLRB declined to comment for this article, citing a practice of withholding commenting on contract negotiations with unions.

Jerame Davis, executive director of the LGBTQ labor group Pride at Work, condemned NLRB in a statement to the Blade, but said this move is consistent with the policy of the Trump administration.

“As taxpayers, we should expect that all working people — including LGBTQ working people — would be protected from discrimination in a federal government job,” Davis said. “But it is particularly insulting that these protections are being stripped from the working people who protect our country’s workforce from unfair labor practices. There is little that has been consistent with this administration, but their attacks on LGBTQ people have come regularly, like clockwork.”

The union for the professional attorneys at NLRB is different from the union for the 1,200 employees in the field offices, which is the known simply as the National Labor Relations Board Union, or NLRBU.

According to NLRBPA, the sister union is also currently engaged in contract negotiations, but they’re still bargaining over ground rules and haven’t made substantive proposals. The Blade emailed NLRBU seeking a comment on the situation.

NLRB chair John Ring and NLRB general counsel Peter Robb are set to testify on Wednesday before the House Appropriations Committee on the Trump administration’s budget request. It remains to be seen whether the agency officials will be questioned on the proposed non-discrimination omission from the union contract.

Continue Reading
Advertisement

homepage news

Patrick O’Connell, acclaimed AIDS activist, dies at 67

Played key role in creating red ribbon for awareness

Published

on

Activist Patrick O’Connell was instrumental in creating the red ribbon to promote AIDS awareness. (Photo courtesy of Allen Frame; courtesy Visual AIDS)

Patrick O’Connell, a founding director of the New York City-based AIDS advocacy group Visual AIDS who played a lead role in developing the internationally recognized display of an inverted, V-shaped red ribbon as a symbol of AIDS advocacy, died on March 23 at a Manhattan hospital from AIDS-related causes, according to the New York Times. He was 67.

Visual AIDS said in a statement that O’Connell held the title of founding director of the organization from 1980 to 1995.

During those years, according to the statement and others who knew him, O’Connell was involved in the group’s widely recognized and supported efforts to use art and artist’s works to advocate in support of people with HIV/AIDS and efforts to curtail the epidemic that had a devastating impact on the art world.

Thanks to a grant from the Art Matters foundation, Visual AIDS was able to retain O’Connell as its first paid staff member in 1990, the group said in its statement.

“Armed with a fax machine and an early Macintosh computer, Patrick helped Visual AIDS grow from a volunteer group to a sustainable non-profit organization,” the statement says. “A passionate spokesperson for the organization, he helped projects like Day Without Art, Night Without Light, and the Red Ribbon reach thousands of people and organizations across the world,” the group says in its statement.

“We were living in a war zone,” the statement quoted O’Connell as saying in a 2011 interview with the Long Island newspaper Newsday. “But it was like a war that was some kind of deep secret only we knew about,” O’Connell said in the interview. “Thousands were dying of AIDS. We felt we had to respond with a visible expression,” he told the newspaper.

With O’Connell’s help, Visual AIDS in 1989 organized the first annual Day Without Art in which dozens of galleries and museums in New York and other cities covered art works with black cloths to symbolize the mourning of those who died of AIDS. Among those participating were the Brooklyn Museum, the J. Paul Getty Museum in Los Angeles, and the Metropolitan Museum of Art in New York, which replaced a Picasso painting with a “somber informational placard,” according to the New York Times.

In 1990 O’Connell helped Visual AIDS organize the first Night Without Light, which was held at the time of World AIDS Day. New York City’s skyscraper buildings, bridges, monuments, and Broadway theaters turned off their lights for 15 minutes to commemorate people who lost their lives to AIDS, the New York Times reported.

In the kickoff of its Red Ribbon Project in 1991, McConnell helped organize volunteers to join “ribbon bees” in which thousands of the ribbons were cut and folded for distribution around the city, the Times reports. Those who knew McConnell said he also arranged for his team of volunteers to call Broadway theaters and producers of the upcoming Tony Awards television broadcast to have participants and theater goers display the red ribbons on their clothes.

Among those displaying a red ribbon on his label at the Tony Awards broadcast was actor Jeremy Irons, who was one of the hosts. In later years, large numbers of celebrities followed the practice of wearing the red ribbon, and in 1993 the U.S. Postal Service issued a red ribbon stamp.

The Times reports that O’Connell was born and raised in Manhattan, where he attended Fordham Preparatory School and later graduated from Trinity College in Hartford, Conn., in 1973 with a bachelor’s degree in history. According to Visual AIDS, O’Connell served as director of the Hallwalls arts center in Buffalo, N.Y. from 1977 to 1978 before returning to New York City to work for a gallery called Artists Space.

The Times reports that O’Connell learned in the middle 1980s that he had contracted AIDS and began a regimen of early AIDS treatment with a cocktail of over 30 pills a day. His involvement with Visual AIDS, which began in 1989, ended on an active basis in 1995 when his health worsened, the Times reports.

As one of the last remaining survivors of his New York contemporaries who had HIV beginning in the 1980s, O’Connell continued in his strong support for AIDS-related causes through 2000s and beyond, people who knew him said.
Visual AIDS says it is gathering remembrances and photos for a tribute post for O’Connell on its website. It has invited people to share their memories of him by sending written contributions and images via email to: [email protected].

Continue Reading

National

Caitlyn Jenner releases campaign ad and social media reacts- ‘enough already’

Published

on

MALIBU – Former Trump presidential campaign manager Brad Parscale released the first campaign advert Tuesday for reality television celebrity Caitlyn Jenner who is running to replace California Governor Gavin Newsom in the recall election race.

The ad drew an immediate and overwhelmingly negative reaction for exasperated social media users, many who identify as LGBTQ, decrying the reality TV personality getting into politics.

Jenner, 71, who is Trans herself, had drawn a firestorm of criticism over the past few days after she was caught outside a Malibu coffee spot Saturday and made remarks to a reporter from celebrity tabloid media outlet TMZ, saying that she didn’t think it was fair to have trans women athletes competing in girls’ and women’s sports.

In Tuesday’s advert, Jenner claims to be a “compassionate disrupter” and offers to rebuild and reopen California while in imagery silently alludes that Newsom in conjunction with ‘big government’ has somehow destroyed the state.

“I came here with a dream 48 years ago, to be the greatest athlete in the world,” she says in the ad, noting her own history in the state. “Now I enter a different kind of race, arguably my most important one yet: to save California.”

Reaction to the ad has been brutal. (Sampling below)

Another challenger to Newsom also released a campaign video Tuesday Sacramento’s Fox affiliate KTXL reported.

California businessman John Cox, who has challenged Newsom previously for the governorship launched his Meet the Beast Bus Tour Tuesday morning at Miller Regional Park in Sacramento. Cox brought a live bear with him.

Throughout the news conference, Cox attacked Newsom’s handling of the state’s response to the COVID-19 pandemic, water management and strain on the power grid.

Cox lost the 2018 general election to Newsom by 23 points.

Continue Reading

homepage news

National transgender military advocacy group elects new president

Bree Fram has been SPARTA member since 2014

Published

on

Lt. Col. Bree Fram (Photo courtesy of SPARTA)

SPARTA, the nation’s leading transgender military service advocacy organization, announced Saturday that it had elected Bree Fram as its new board chair and president of the organization.

She has been a member of SPARTA since 2014 and has served on the board of directors since April 2018, most recently as vice president. Fram is also a lieutenant colonel and astronautical engineer in the U.S. Air Force and will soon be recommissioning into the U. S. Space Force.

She is currently a student at the U.S. Naval War College with a follow-on assignment to the Department of Defense at the Pentagon.

“I’m honored and humbled to serve as SPARTA president on behalf of so many amazing transgender service member,” said Fram. “We will do our utmost to continue SPARTA’s a rich history of incredible dedication and progress. My heartfelt thanks go to the previous leaders of the organization, including Sue Fulton, Jacob Eleazar, Blake Dremann, and Emma Shinn, and all our members for the incredible achievements of the past eight years. Despite setbacks, their desire to make transgender military service possible is reality again as of yesterday as the new Department of Defense Policy went into effect.”

The immediate past president, Emma Shinn served through a challenging time as President Trump’s ban on transgender service went into effect in April 2019. Her leadership rallied the organization and ensured SPARTA remained dedicated to positive change.

With the January 2021 executive order from President Biden directing the Defense Department to re-implement open transgender service, she and the organization celebrated a major success that will benefit all members of SPARTA and the nation.

“Leading SPARTA for the past two years has been a tremendous honor and privilege,” stated Shinn as her time at the head of SPARTA came to an end. She continued, “I am confident that SPARTA will continue to help our military and nation recognize the value trans service members bring to the mission. I am thankful for the opportunity SPARTA has given me to work with leaders in the DoD, legislators, and partner groups to make open trans service a reality again. I look forward to continuing to work with this amazing group of people under Bree’s leadership. I am excited for the future of our organization and nation.”

In a press release the organization noted that Fram’s remarks highlighted the fact that SPARTA’s mission is not over. “Although transgender service members have already proven they belong on the battlefield and here at home,” she said. “We need to ensure they can’t be erased in the future by an administration set on turning back the clock. Beyond ensuring our members can thrive in their careers, my top priority is to ensure the opportunity to serve is enshrined in law.”

Fram spoke on additional goals for SPARTA during her tenure and listed the following:

·  Minimize the administrative burden and career impact of transition in the military

·  Advocate for inclusion of transgender voices in policy making

·  Push for inclusive policies regarding intersex and non-binary military service

“All Americans who are otherwise qualified to serve in the military should have the opportunity to do so,” Fram summarized. “This nation will be better and better defended with inclusive policies that enable the military to draw upon the best talent this nation has to offer.”

Continue Reading
Advertisement
Advertisement

Follow Us @washblade

Sign Up for Blade eBlasts

Trending