International Brotherhood of DuPont Workers

Jim Flickinger - President     

Tony Davis - Vice President

Donny Irvin - Secretary/Treasurer 

Kenneth Henley - General Counsel 

"Workers Representing DuPont, Bemis and INVISTA Workers"

UPDATE FROM CLINTON, IOWA

IBDW LOCAL 999

It has been a difficult, and somewhat unusual year here at our plant in Clinton, Iowa.

Back in February 2009, we had 10 employees laid off.  The president of the Clysar division of our Company told us that the layoffs were due not to cost, but to the fact we didn't have enough work for everyone due to the low volume of orders.  He said that once sales picked up they would be recalled as soon as possible.  

The turnaround in our sales started in about June 2009, but instead of recalling any of the ten laid off employees, the Company just started providing overtime to get the work done.  Eventually, the Company recalled the three most senior of those who were laid off, and when one refused recall, the Company chose not to offer any of the remaining employees recall.  Instead, the Company waited until the remaining seven employees' recall rights were up after one year.  Then the Company hired eight new employees off the street and just one of the remaining laid off employees.  

What was particularly disturbing about all of this is that the Company told the laid off employees during their exit review they were all good workers and would be brought back to work as soon as possible.  

Another problem that has occupied a great deal of time involved an employee who, after suffering an injury, but after being released to full duty, told the Company nurse that while she still had some pain it was nothing she could not deal with. That was definitely the wrong answer, since the nurse said that "we cannot have employees out there if they are experiencing pain". Thereupon, the employee had the required surgery and was again released to full duty by her doctor.  This wasn't good enough for the Company nurse, however, as she got the Company doctor involved and had a functional capacity exam done.  

The employee failed the exam, but not insofar as the surgically repaired part of her body was concerned but by an unrelated body part about which she had not previously complained.  The Company then requested to see her medical records, to which she denied them access.  Based on all of this she was terminated.  

The Union filed a grievance, which settled the day before hearing with the employee being given two more chances to pass the FCE.  On the first FCE, the Company said she failed. While the Union disagreed, asserting that she had in fact passed, the Union agreed to having her go forward with a second test.  All agreed she passed the second test.  As a result, she is finally back at work and the Union plans to go to arbitration for back pay for the time between the first test and the second test.  

These two matters give you an idea of the difficult situation we have been having at Clinton.   

Tony Davis

President - Transparent Films

Works Union, IBDW Local 999

Vice President - IBDW

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