Office and Professional Employees International Union
Encyclopedia
The Office and Professional Employees International Union (OPEIU) is a trade union
in the United States
representing 110,416 white-collar
workers in the public
and private sector
.
OPEIU has members in all 50 U.S. state
, the district of Columbia, and Puerto Rico
. The union formerly had 55 locals
in all Canadian provinces, but on June 20, 2004 the Canadian locals voted to leave the OPEIU.
(AFL) had issued charters to more than 50 clerical unions. In 1942, the locals banded together to form the International Council of Office Employee Unions. In 1945, this union received a charter from the AFL as the Office Employees International Union. At the time of its founding, the union had about 22,000 members. In 1946 and again in 1948, the union conducted major strikes
in New York City
that led to the organization thousands of workers on Wall Street
. At roughly the same time, the union began organizing locals in Vancouver
, British Columbia
and Montreal
, Quebec
. By 1960, the union had doubled in size to nearly 50,000 members.
In 1965, the union adopted its current name. In the 1990s, OPEIU began major organizing drives in the insurance industry, organizing several thousand workers at CUNA Mutual
and Prudential
. A similar organizing drive at Allstate
ended after the National Labor Relations Board
ruled that the 10,000 workers were independent contractor
s. OPEIU also began organizing in the health care industry, organizing office workers at a number of health insurers. But it also began organizing registered nurse
s and other health care workers in limited numbers around the United States. In 1998, the much-raided collective bargaining
arm of the Pennsylvania Nurses Association affiliated with OPEIU, adding 2,500 nurses to the union's rolls. By 2005, OPEIU represented about 5,000 RNs, making it the sixth largest nurses' union in the AFL-CIO
.
agreed to form a "guild
" within OPEIU, the First National Guild for Health Care Providers of the Lower Extremities.
Because of their status as independent contractors, the podiatrists were barred by federal law from forming a labor union. Under the terms of the affiliation agreement, members of the association who wished to join OPEIU did so as associate members, paying a lower dues rate to fund programs to advance podiatrists' lobbying and public education agendas.
Medical doctors, pharmacist
s, clinical social workers, chiropractor
s, hypnotists and appraiser
s have all joined OPEIU on an associate member basis since then.
There is disagreement among observers as to the effectiveness of the associate member model.
Critics argue that while there were initial successes, many 'guild' members desire more professional services that the international union is able to provide given the limited income derived from these members.
But advocates of the guild model argue that the union is laying the groundwork for long-term growth. The union is not only gaining members which enable it to advocate for changes in federal labor law to permit the unionization of independent contractors. The union is also setting the stage for the affiliation of potentially hundreds of thousands of these workers. In the meantime, supporters say, OPEIU gains some additional dues income and is able to enhance its bargaining status with insurers and other vendors by pointing to a larger membership base.
A slate of incumbents, led by Patrick Tully—an international vice president and secretary-treasurer from Local 32 in Newark, New Jersey
—challenged incumbent president Michael Goodwin and his top officers from control of the union.
The primary issue in the election was the organization of new members, with Tully claiming that the union was not doing enough to grow.
On June 16, 1998, delegates re-elected Goodwin to a second three-year term as president, 78 percent to 22 percent.
A nearly identical voting margin re-elected incumbent secretary-treasurer Gilles Beauregard to his fifth term over Ron Tuckwood, another international vice president and president of Local 378 in Vancouver, British Columbia.
A measure of Canadian autonomy had been approved in 1974 and implemented in 1977. The provisions of Article XIV of the international OPEIU constitution established a Canadian national director, vice presidents and regional officers as well as various separate funds and staff.
But now the members of the 55 Canadian locals of OPEIU Wishes to go further, severing all relationships between the international and the Canadian locals except for the right to vote for the international officers. Goodwin responded in April 2004 with a similar proposal Advocating autonomy for the American locals.
That same month, Canadian locals of OPEIU Balloting undertook a process for creating the new autonomous union under Article XIV of the OPEIU constitution. Goodwin responded that Balloting must be preceded by a Canadian Convention vote, and threatened to amend the constitution to remove all Canadian autonomy if that did not occur. The international also sued to block the Balloting in a Canadian court. But on June 3, 2004, the British Columbia Supreme Court ruled in favor of the Canadian locals.
On June 20, 2004, the Canadian locals voted 74 percent to 26 percent to form their own, autonomous union under the umbrella of the international. OPEIU Canadian delegates to the international convention, meeting in Bal Harbor, Florida, Withdrew from the proceedings and formed their own national union-the Canadian Office and Professional Employees Union
(COPE) and, in Quebec, the Syndicat Canadien des employees et employes de bureau et professionels (SEPB).
The international immediately sued in U.S. district court to Prevent formation of the autonomous union. The U.S. court dismissed the action on December 10, 2004, pending resolution in the Canadian courts.
The two sides met informally in December 2005, but no progress was made on the issues.
Further court proceedings in Canada occurred during mid-2006. Finally, in August 2007, the OPEIU conceded that its previously affiliated locals within Canada had indeed succeeded in severing their affiliation with the OPEIU and are now members of the autonomous union, COPE.
The membership of the OPEIU may have peaked in 2003 when the international counted 150,882 members (just prior to the Canadian locals leaving the OPEIU). Several years later, in 2005, the international office of the OPEIU could only claim 99,035 members. However, just four years later, OPEIU membership was up to 110,416, growing an average of about 2,845 members per year.
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
representing 110,416 white-collar
White-collar worker
The term white-collar worker refers to a person who performs professional, managerial, or administrative work, in contrast with a blue-collar worker, whose job requires manual labor...
workers in the public
Public sector
The public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
and private sector
Private sector
In economics, the private sector is that part of the economy, sometimes referred to as the citizen sector, which is run by private individuals or groups, usually as a means of enterprise for profit, and is not controlled by the state...
.
OPEIU has members in all 50 U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, the district of Columbia, and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
. The union formerly had 55 locals
Local union
A local union, often shortened to local, in North America, or a union branch in the United Kingdom and other countries is a locally-based trade union organization which forms part of a larger, usually national, union.Local branches are organized to represent the union's members from a particular...
in all Canadian provinces, but on June 20, 2004 the Canadian locals voted to leave the OPEIU.
History
Clerical unions began forming in the early 1900s. By 1920, the American Federation of LaborAmerican Federation of Labor
The American Federation of Labor was one of the first federations of labor unions in the United States. It was founded in 1886 by an alliance of craft unions disaffected from the Knights of Labor, a national labor association. Samuel Gompers was elected president of the Federation at its...
(AFL) had issued charters to more than 50 clerical unions. In 1942, the locals banded together to form the International Council of Office Employee Unions. In 1945, this union received a charter from the AFL as the Office Employees International Union. At the time of its founding, the union had about 22,000 members. In 1946 and again in 1948, the union conducted major strikes
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
that led to the organization thousands of workers on Wall Street
Wall Street
Wall Street refers to the financial district of New York City, named after and centered on the eight-block-long street running from Broadway to South Street on the East River in Lower Manhattan. Over time, the term has become a metonym for the financial markets of the United States as a whole, or...
. At roughly the same time, the union began organizing locals in Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
and Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
, Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
. By 1960, the union had doubled in size to nearly 50,000 members.
In 1965, the union adopted its current name. In the 1990s, OPEIU began major organizing drives in the insurance industry, organizing several thousand workers at CUNA Mutual
CUNA Mutual Group
CUNA Mutual Group is a mutual insurance company that provides financial services to cooperatives, credit unions, their members, and other customers worldwide. CUNA Mutual Group sells commercial and consumer insurance and protection products....
and Prudential
Prudential Financial
The Prudential Insurance Company of America , also known as Prudential Financial, Inc., is a Fortune Global 500 and Fortune 500 company whose subsidiaries provide insurance, investment management, and other financial products and services to both retail and institutional customers throughout the...
. A similar organizing drive at Allstate
Allstate
The Allstate Corporation is the second-largest personal lines insurer in the United States and the largest that is publicly held. The company also has personal lines insurance operations in Canada. Allstate was founded in 1931 as part of Sears, Roebuck and Co., and was spun off in 1993...
ended after the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
ruled that the 10,000 workers were independent contractor
Independent contractor
An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement. Unlike an employee, an independent contractor does not work regularly for an employer but works as and when...
s. OPEIU also began organizing in the health care industry, organizing office workers at a number of health insurers. But it also began organizing registered nurse
Registered nurse
A registered nurse is a nurse who has graduated from a nursing program at a university or college and has passed a national licensing exam. A registered nurse helps individuals, families, and groups to achieve health and prevent disease...
s and other health care workers in limited numbers around the United States. In 1998, the much-raided collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
arm of the Pennsylvania Nurses Association affiliated with OPEIU, adding 2,500 nurses to the union's rolls. By 2005, OPEIU represented about 5,000 RNs, making it the sixth largest nurses' union in the AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
.
Associational experiments
In 1996, OPEIU and the American Podiatric Medical AssociationAmerican Podiatric Medical Association
The American Podiatric Medical Association is a professional medical organization representing Doctors of Podiatric Medicine within the United States. The organization was founded in 1959 and is headquartered in Bethesda, Maryland. Approximately 80% of podiatrists in the US are members of the APMA...
agreed to form a "guild
Guild
A guild is an association of craftsmen in a particular trade. The earliest types of guild were formed as confraternities of workers. They were organized in a manner something between a trade union, a cartel, and a secret society...
" within OPEIU, the First National Guild for Health Care Providers of the Lower Extremities.
Because of their status as independent contractors, the podiatrists were barred by federal law from forming a labor union. Under the terms of the affiliation agreement, members of the association who wished to join OPEIU did so as associate members, paying a lower dues rate to fund programs to advance podiatrists' lobbying and public education agendas.
Medical doctors, pharmacist
Pharmacist
Pharmacists are allied health professionals who practice in pharmacy, the field of health sciences focusing on safe and effective medication use...
s, clinical social workers, chiropractor
Chiropractor
A Chiropractor, according to the Association of Chiropractic Colleges , "focuses on the relationship between the body's main structures – the skeleton, the muscles and the nerves – and the patient's health. Chiropractors believe that health can be improved and preserved by making adjustments to...
s, hypnotists and appraiser
Appraiser
An appraiser , is one who sets a value upon property, real or personal. In England the business of an appraiser is usually combined with that of an auctioneer, while the word itself has a similar meaning to that of "valuer." In the United States, the most common usage relates to real estate...
s have all joined OPEIU on an associate member basis since then.
There is disagreement among observers as to the effectiveness of the associate member model.
Critics argue that while there were initial successes, many 'guild' members desire more professional services that the international union is able to provide given the limited income derived from these members.
But advocates of the guild model argue that the union is laying the groundwork for long-term growth. The union is not only gaining members which enable it to advocate for changes in federal labor law to permit the unionization of independent contractors. The union is also setting the stage for the affiliation of potentially hundreds of thousands of these workers. In the meantime, supporters say, OPEIU gains some additional dues income and is able to enhance its bargaining status with insurers and other vendors by pointing to a larger membership base.
1998 election
In 1998, the international office of the OPEIU had its first contested election since 1947.A slate of incumbents, led by Patrick Tully—an international vice president and secretary-treasurer from Local 32 in Newark, New Jersey
Newark, New Jersey
Newark is the largest city in the American state of New Jersey, and the seat of Essex County. As of the 2010 United States Census, Newark had a population of 277,140, maintaining its status as the largest municipality in New Jersey. It is the 68th largest city in the U.S...
—challenged incumbent president Michael Goodwin and his top officers from control of the union.
The primary issue in the election was the organization of new members, with Tully claiming that the union was not doing enough to grow.
On June 16, 1998, delegates re-elected Goodwin to a second three-year term as president, 78 percent to 22 percent.
A nearly identical voting margin re-elected incumbent secretary-treasurer Gilles Beauregard to his fifth term over Ron Tuckwood, another international vice president and president of Local 378 in Vancouver, British Columbia.
2008 (local union) election
In 2008, one of the international's local union offices, OPEIU, Local 30, had its first contested election (which become the most publicized election challenges in OPEIU's history due to the challenging candidate's web site, OPEIUVoice, their contacting the international union's president, secretary treasurer and each executive board member, individually, by postal mail and their contacting the United States Department of Labor). Candidates David Kessinger, Donald Murphey, and Dustin Teske vied for the positions of Executive Director, President and Executive Board (respectively) and challenged the outcome of the election based on numerous factors, the primary factor being that all of the incumbents were permitted to campaign on company property but none of the challenging candidates were afforded the same opportunity. In fact, each of the three challenging candidates on the "New Strengths, New Direction" slate were informed by the corporate compliance officer at their place of work that they were EXPRESSLY FORBIDDEN from campaigning AT ANY TIME on company property, for the union positions for which they were running. In accordance with the international union's constitution and bylaws and national labor laws, the challenging slate appealed to the local union's executive board (and received no response), then to the international's executive board (and received no response), then to the international President and finally to the United States Department of Labor (DOL). The DOL completed an investigation and confirmed that the challenging candidates were told by the corporate compliance officer at their place of employment that they were not permitted to campaign AT ANY TIME, on company property and that the incumbents were permitted to campaign on company property (and did). However, the DOL refused to overturn the results of the election or order a new election as requested by the challengers. The entire process has been documented and is available here.Canadian autonomy
In March 2004, OPEIU President Michael Goodwin concluded that the American locals of the union had subsidized the Canadian locals by approximately $ 10 million. Goodwin proposed raising the per capita dues of Canadian OPEIU members by $ 2.00 per member per month. Michel Lajeunesse the Canadian Director supported the increase ,however, later he and Jerri New ,president of Local 378 reneged on that agreement and deliberately misled the Canadian members by saying the American Locals wanted to dominate them. This created a platform for separation from the International. Lajuenesse was a Quebec separatist and New was a power hungry individual who was only interested in self agrandisement.A measure of Canadian autonomy had been approved in 1974 and implemented in 1977. The provisions of Article XIV of the international OPEIU constitution established a Canadian national director, vice presidents and regional officers as well as various separate funds and staff.
But now the members of the 55 Canadian locals of OPEIU Wishes to go further, severing all relationships between the international and the Canadian locals except for the right to vote for the international officers. Goodwin responded in April 2004 with a similar proposal Advocating autonomy for the American locals.
That same month, Canadian locals of OPEIU Balloting undertook a process for creating the new autonomous union under Article XIV of the OPEIU constitution. Goodwin responded that Balloting must be preceded by a Canadian Convention vote, and threatened to amend the constitution to remove all Canadian autonomy if that did not occur. The international also sued to block the Balloting in a Canadian court. But on June 3, 2004, the British Columbia Supreme Court ruled in favor of the Canadian locals.
On June 20, 2004, the Canadian locals voted 74 percent to 26 percent to form their own, autonomous union under the umbrella of the international. OPEIU Canadian delegates to the international convention, meeting in Bal Harbor, Florida, Withdrew from the proceedings and formed their own national union-the Canadian Office and Professional Employees Union
Canadian Office and Professional Employees Union
The Canadian Office and Professional Employees Union is a Canadian labour union representing approximately 35,000 white-collar workers, in both the private and public sectors, in 44 locals across Canada....
(COPE) and, in Quebec, the Syndicat Canadien des employees et employes de bureau et professionels (SEPB).
The international immediately sued in U.S. district court to Prevent formation of the autonomous union. The U.S. court dismissed the action on December 10, 2004, pending resolution in the Canadian courts.
The two sides met informally in December 2005, but no progress was made on the issues.
Further court proceedings in Canada occurred during mid-2006. Finally, in August 2007, the OPEIU conceded that its previously affiliated locals within Canada had indeed succeeded in severing their affiliation with the OPEIU and are now members of the autonomous union, COPE.
The membership of the OPEIU may have peaked in 2003 when the international counted 150,882 members (just prior to the Canadian locals leaving the OPEIU). Several years later, in 2005, the international office of the OPEIU could only claim 99,035 members. However, just four years later, OPEIU membership was up to 110,416, growing an average of about 2,845 members per year.