Law in Contemporary Society

In Loving Memory

I walked into Print Services in the basement of Columbia’s Journalism School to see my dad, as I usually do after classes and before going home. Instead of the usual cheerful dispositions, I was met with a melancholy so overwhelming that, without reason, my eyes watered. I asked what had happened. My dad replied: “He said he was stressed but no one listened. John died this morning.”

John was the most cheerful member of the Print Services crew. He was actually not a Columbia employee. He was the resident technician from Ikon. John fixed all of the machines that make all of the pretty banners, billboards and books we complain about purchasing. He had a stroke during the weekend and was pronounced dead Monday morning.

Today, I walked in again for my daily ritual and I saw his picture with the words “In Loving Memory: John March 26, 2012.”

I was awestruck when people met Eben’s discussion of fear about job security with confusion and unfamiliarity. Since I can remember, that fear has always been part of our family. The knowledge that you can be fired at any moment for any reason limits your ability to progress and stresses the confines of your sanity. There is no room for creativity or exploration if one move outside of the “norm” rocks the already fragile swaying boat that is your employment status. You cannot take risks or learn to be efficient if your job is to stay employed. This fear breaks people and I have seen it.

My dad used to tell me to not stress too much. His reasoning was always this: “I’m poor and if you die, I only get three days and then I have to go back to work.”

Well John died and the Print Services crew is not allowed to take an hour off to go to his funeral.

In our discussion in class, we seemed to differentiate union workers and non-union workers. But, I would argue that the same fear accompanies union workers, however this fear is just dressed differently. My dad is now part of a union—as most, if not all, Columbia (non-faculty/staff) employees are (and all of Print Services). And everyday I come down to Print Services, I see him carry the weight of the uncertainty of tomorrow. With $5 in his bank account, he has committed to protesting against Columbia next week. Columbia has refused to give raises. It has cut their medical benefits and now wants to get rid of their eligibility for tuition exemption. In response, the Union workers are planning a protest for next week. No one knows how long it will last and my dad will not be paid for the days he protests. But he was convinced that it would be unfair to let others fight for the things he, himself, should be fighting for.

These fears are the same. It is not just about benefits or raises. It is about having a say and having weight in the way you interact with others in an employment context. This “at will” contract and even representation by unions (from what I have seen here) leave most helpless. People forget that your working conditions affect your living conditions. But most people do not care. For example, because my dad has been employed by Columbia for over a decade, he has tuition benefits that do carry over to me. Ideally, this would mean that some of law school should be paid for by Columbia. However, even after our many attempts to get all of the requisite information regarding tuition exemption, we were never told that the tuition given to me is automatically added to his paycheck. My dad was then taxed as if he made that much larger amount. The result: two paychecks that read $0.00 in the same month.

When I complained about this to Student Services, Financial Aid, and Payroll no one was bothered that my dad went a full month without getting paid. No one was concerned that he could not pay rent or utilities or that possibly no food could be purchased for that month. The Union representatives did nothing. I asked Columbia representatives if I would get better service if I were paying more of my tuition out of pocket. Their answer was yes.

I guess after writing this it is less shocking that people are ignorant of this fear. If it has never knocked on your door with an eviction letter or dressed your half-empty plate at dinner, the fear has probably never crossed your mind. I cannot say that I am less at fault. I have sat back and done nothing even when the injustice was apparent. [I did however, get all of my dad’s money back and had them increase my grant for the pain suffering of the month]. I have been content with asking if I would do something instead of stressing myself in thinking about what I would do (as Eben so nicely pointed out).

Right now, I am unfamiliar with the way unions work. I do not even know the name of the one of which my dad is a part. I also know that I probably cannot come up with THE WAY to solve this problem. But, I am going to start by reading my dad’s contract with the Union and Columbia. I want to learn more about the Union and its relationship with Columbia. Their office is not far from here. So after I am done reading, and of course after protesting with my dad, I am going to stop by the office. Let’s see if I can get a little closer to this thing.

R.I.P. John

-- LissetteDuran - 27 Mar 2012

Lissette,

My heart goes out to John and his family. Columbia undergraduates are constantly protesting the way that workers are treated at this school. I believe a protest was to occur this week and will try to find out more information for you.

I wasn't that surprised about how the class discussion last week turned out. In my opinion, "the fear" that permeates our society and which Tharaud discusses in Lawyerland, is that unless an individual is self-employed they are constantly in a position in which they fear losing their job. I believe that once in our nations history unions had a greater role to play, but I too question the difference between what unionized and non-unionized workers are able to accomplish.

Last week in class, I attempted to raise a point about what it would take for students to be able to not only empathize with those that are vulnerable in their employment positions, but also to realize that no one is ever really far from "the fear". In summary, my point was that until an individual has worked in the workforce they can not feel the fear. It remains a vague notion that is only experienced by "the unfortunate few". I attempted to analogize "the fear" to the current health care debate in America by not analyzing whether Obama Care is the solution, but more so looking at the views of those on polar opposites (those that support universal health care versus those that oppose). Similar to the fear of unemployment, until an individual has experienced having to watch their every move because they do not have health care coverage, it is difficult for an individual to fully appreciate the importance of providing basic coverage for all.

Based off of the opinions vocalized in class, it seemed that although many would agree that loosing one's job is unfortunate, many people also felt that they were immune to the fear. Perhaps it is a sign of the times we are living in, but I have yet to work in any field where this fear did not exist. Often working is not about who produces the best work product, it's about your connections. Who an individual connects with, who an individual knows, or (in a firm) who the partner and senior associates would want to have a drink with are often the ones that advance or are able to keep their position.

It is not always the case that those who are employed are employed because they are smarter or perform better. Too often it is just luck. Promotions, bonuses, and simply being able to keep your job can work against this rational. Until society realizes that we are all susceptible to the fear, we will continue to have an employment sector where workers can be devalued, overworked, and silenced. -- AbiolaFasehun - 27 Mar 2012

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r3 - 27 Mar 2012 - 23:46:01 - SkylarPolansky
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