News Archive: In The News

The Fairbanks Case: Oregon Supreme Court Determines that Apprentices are Entitled to Due Process Protections

Construction Workforce Alliance Signs Partnership Agreement

The Fairbanks Case: Oregon Supreme Court Determines that Apprentices are Entitled to Due Process Protections
by Megan Glor

Megan Glor is a Portland attorney who concentrates her practice in employment law (discrimination, etc.) and personal injury cases. She is associated with the law firm of Swanson, Thomas and Coon.
In May of 1990, Jeanette Fairbanks began a pipefitter apprenticeship with the Oregon/Southwest Washington/Northwest California Metal Trades Pipefitters Joint Apprenticeship and Training Committee.
Immediately after beginning her apprenticeship, Fairbanks reports, she was harassed by male apprentices and supervisors. She was assigned out to the lousy jobs or skipped in the rotation. Some men refused to work with her. Despite the often hostile work environment, Fairbanks continued doing her job and learning the trade. She completed her probationary period.

Suddenly, in July of 1994, the local apprenticeship committee issued a letter informing Fairbanks that cancellation of her apprenticeship may be considered at the next committee meeting which was to be held seven days later. She was informed that at the meeting she would be given an opportunity to provide information about alleged failures to submit timely progress reports and violations of policy while on probation.

Fairbanks appeared at the meeting, but was not given an opportunity to present evidence, examine witnesses, or make legal arguments. She was not permitted legal representation. Most significantly, the final decision as to whether her apprenticeship was to be terminated was not made by an impartial referee. This came as no surprise to Fairbanks when her apprenticeship was terminated.

To her credit, Jeanette did not give up, and her decision to pursue her case has led to major changes in the termination procedures for apprenticeships. Fairbanks retained lawyer Lynn-Marie Crider and lawyer Megan Glor, of the Portland law firm of Swanson, Thomas and Coon. Her lawyers argued that Fairbanks was entitled to a "contested case" hearing before an impartial administrative law judge with procedural protections such as the right to counsel and the right to call witnesses.

The Fairbanks' case wound its way through the Oregon Court of Appeals, which dismissed the case, to the Oregon Supreme Court, which agreed to review the case. In April of 1996, the Supreme Court reversed the Court of Appeals, and decided that the termination of an apprenticeship is a "contested case" and that an employer must give an apprentice reasonable notice informing her of her right to a hearing and setting forth a plain statement of the matters asserted or charged. The apprentice's hearing rights include the right to counsel, to present evidence and argument on all issues, to have the issues explained by the hearings officer, to examine witnesses, and to have a record.

Although it has not yet been decided whether Jeanette Fairbanks will continue her apprenticeship, this case helps ensure that all apprentices will be given fairer treatment when their livelihood is on the line.

Oregon Construction Workforce Alliance Signs Partnership Agreement

Leaders of more than 50 organizations representing the construction industry, organized labor, apprenticeship programs, educational institutions, community groups (including OTN), governments and public agencies, have reached agreement on a plan designed to increase the participation of women and minorities in Oregon's construction industry.

This partnership, called the Oregon Construction Workforce Alliance (OCWA), has been meeting for two years. Portland Mayor Vera Katz opened the signing ceremony held on July 28. Katz said that she sees the activities of OCWA as one of the key elements in the City's Fair Contracting and Employment Strategy.
Larry Sitz, President of Associated Contractors, said "The future workforce will be predominately women and people of color. It makes sense for AGC and our contractors to be involved in the recruitment andtraining of these workers."

Calling the plan "an innovative business/community strategy", OCWA Chair Jim McKune, Vice-President Operations, Emerick Construction Co, said "While we all agree with the mission, gaining consensus from stakeholders with such a broad range of perspectives has been a challenge for all of us, but a rewarding challenge."

Connie Ashbrook, director of OTN, said "I worked in the trades for 17 years as a dump truck driver, carpenter apprentice and elevator constructor. I experienced first hand some of the barriers that OCWA is addressing. And I was the grateful recipient of the helping hand that community-based organizations offer to folks. CBO's are excited about this giant step forwards towards equity for women and people of color in the trades."

The Region X Women's Bureau has provided funds to develop a packet describing the process that led to this partnership, including copies of documents relating to the partnership. Copies are available for the cost of printing and shipping. E-mail Connie at connie@tradeswomen.net for a packet.