We All Needed a Good Lawyer

A History of the Tradeswomen Movement Part One

The envelope delivered to my small flat in San Francisco’s Mission District, shared with three other women, was fat with a far away return address. I knew what it contained even before opening the envelope—a cry for help—and I also knew there would be nothing I could do about it. 

I was already involved in the tradeswomen movement when I relocated to San Francisco from Seattle in 1976.  As a publicly identified tradeswoman activist, I would get letters from women all over the country complaining of horrific harassment and discrimination in nontraditional jobs. I felt powerless. We didn’t even have an organization, let alone a program to help. What these women needed was a good lawyer.

During the 1970s, we activists formed organizations all over the country. In 1979 we started a nonprofit, Tradeswomen Inc., to provide support and advocacy for tradeswomen, but we weren’t able to secure funding. With no staff we were run by volunteers—unemployed tradeswomen.

Enter Equal Rights Advocates (ERA), a law firm begun in 1974 by feminist lawyers with a focus on defending women’s employment rights. I remember sitting around on the floor in somebody’s living room in the late ‘70s strategizing about how to open up jobs to women that had traditionally belonged to men. That’s when I met Judy Kurtz, a staff attorney at ERA, and we began to collaborate. Later I served on the ERA board of directors for many years.

Looking at the Big Picture

Ours was an anti-poverty strategy. The feminization of poverty was a popular buzzword (still applicable today). Women, especially female heads of households, were becoming poorer and poorer in relation to men. Well-paid union jobs in the construction trades could lift up our gender if we could open them to women. Apprenticeship programs in the construction trades like electrical, plumbing, carpentry, ironwork, and operating engineer only require a high school diploma or a GED to enter. Then the training is free and the apprentice works and earns a wage while she is in school. There are no college loans to repay. We saw these jobs as a path to financial independence for women.

ERA had been part of a national class action lawsuit against the US Department of Labor which resulted in the creation of federal goals and timetables for women and minorities in the construction trades. New regulations took effect in 1978. The goal was to have 6.9 percent of the construction workforce be women on federally funded jobs. Having federal law on our side buoyed us while Jimmy Carter was president, but as soon as Ronald Reagan took office in 1981, federal affirmative action laws and guidelines were no longer enforced. We had to be creative. We decided to focus on the state level where there was still some commitment to enforcing affirmative action regulations.

Focus on California

Tradeswomen Inc. was fortunate to work with lawyers who were willing not only to take our individual cases, but also to help us strategize about using class action lawsuits to desegregate the workforce. We wanted to make law, to actually create change. 

The building trades in California include about 35 apprenticable trades and each trade has a union with different rules, and each union has many locals throughout the state. Not a single apprenticeship program out of hundreds in the state was even close to meeting goals for women’s participation. What could we do to get them to comply?

By 1980 we had some history with all the players. Our partner, Women in Apprenticeship Program (WAP), was placing women into trades apprenticeships in California, working with the apprenticeship program directors and compliance officers. 

The unions were a huge barrier to women but we chose not to take legal action against unions. Our goal was to work with unions, be part of the union movement. Besides, there were so many! So we decided to sue the enforcer.

Suing the State

The State Division of Apprenticeship Standards (DAS) oversees apprenticeship programs and is charged with enforcing affirmative action goals, but they would routinely give a pass to programs that claimed to have made a “good faith effort” to meet the goals. Partnering with Tradeswomen Inc., ERA filed suit against DAS for failure to enforce the goals. The lawsuit resulted in a requirement that the state produce quarterly statistical reports which allowed us to evaluate their progress. We might have had some small impact on the DAS, but we had to take them back to court for contempt five years later. Nothing had really changed.

Then we took on the DAS through the Little Hoover Commission, which investigates state government operations. The public testimony of many tradeswomen got attention, even an article in the New York Times. The investigation ended with DAS getting its funding cut by the Republican administration, which did nothing to help our cause.

Then came a period when DAS made a big turnaround on our issues. It was during the administration of Gray Davis, the Democratic governor elected in 1999. He was only in office for three years when the Republicans mounted a successful recall campaign against him. Davis appointed a friend of tradeswomen to head the DAS, Henry Nunn, a Black man from the painters’ union. Suddenly there was some funding to promote women in trades and we partnered with the state agency to sponsor some great programs, like the dedication of the Rosie the Riveter park in Richmond where we got to commune with the Rosies, and a trades day for Bay Area high school students. We loved working with the DAS staff, a bunch of smart feminists. But when Arnold Schwarzenegger took over as governor, he brought back into state government all the guys from the previous Republican Wilson administration, and Henry Nunn was axed. It did show us that the state could do the right thing with the right leadership. It also reinforced our impression that Democrats are way different from Republicans.

Part of the Civil Rights Movement

From the very beginning we saw ourselves as part of the larger movement for civil rights and we worked in coalition with other civil rights groups to publicize and also to defend affirmative action programs. In 1977 we were active in a coalition that formed around the Bakke case, which upheld affirmative action in college admission policy. We also partnered with ERA and other civil rights organizations to oppose proposition 209, the anti-affirmative action initiative in 1996 (we lost, and a proposition to overturn 209 in 2020 lost). Some of our partners in the West Coast coalition included Bill McNeill of Employment Law Center; Joe Hogan, retired OFCCP; Tse Ming Tam of Chinese for Affirmative Action (CAA) and their founder Henry Der; Eva Paterson of the Lawyers Committee for Civil Rights; and Superlawyer Brad Seligman. These are luminaries in the social justice sphere and we were so lucky to have their support.

Tradeswomen Monitoring Network

We also collaborated on other projects involving coalition partners like trades unions and the Human Rights Commission. We went to lots of meetings of DAS and its community body, the California Apprenticeship Council to make the labor community aware of their responsibilities. Susie Suafai, who had directed WAP, was hired to monitor the Oakland federal building project—one of the few projects to meet federal affirmative action goals.

This willingness of ERA to use staff time to advocate for us as well as litigate was a huge plus. Litigation was important to our movement, creating the original goals and timetables and affirmative action regulations so crucial for women’s entry into these jobs. But we knew well that litigation alone does not make a movement.

As class action lawsuits became harder to win, and courts were filled with Republican-appointed judges, litigation was a less effective strategy for change. Tradeswomen and ERA continued to look for ways to work together. In the early 2000s we applied together for a grant from the Ford Foundation. ERA received the grant, but Tradeswomen saw none of the money, nor did any program result as far as we could tell. We felt used and the relationship foundered. Another casualty of this fight for funding was ERA’s relationship with the Employment Law Center, a partner in the DAS suit and other related discrimination lawsuits. ELC was directed by Joan Graff, another hero in our battle for affirmative action. This is just one example of how the fight for funding pitted organizations with similar goals against each other.

The ‘80s saw the decline of affirmative action. The ‘90s was a period of working to keep in place the laws and regulations we had fought so hard for, even though they weren’t being enforced. President Clinton appointed Shirley Wilshire as head of OFCCP. She came out of National Women’s Law Center, one of our coalition partners. 

We put together a national coalition to pressure the OFCCP to enforce the regulations and increase the percentage of women on federal contracts. We had the support of the White House, but Congress was controlled by Republicans. We planned to file an administrative petition asking for higher goals for women and enforcement of federal regulations, but Wilshire and federal officials argued that we should keep our heads down and hope that Congress didn’t notice and remove the enforcement regulations entirely.

Tradeswomen activists learned about the laws that affected us and we continued to pay attention to the law as it changed through the years. The biggest change for us on a day-to-day level was that sexual harassment was made illegal. This happened not through the passage of a single law, but through a series of court cases with a lot of nudging from the feminist movement. The work of Eleanor Holmes Norton was key.

Today we still rely on ERA and feminist lawyers to push the federal government to meet its affirmative action goals on declared“mega projects” (the only goals still in effect in California). We have entered a period of backlash. While trades have opened up to women technically, we still face discrimination and our ways of fighting back have been restricted.

How to Kill a Contracting Collective

Many a tradeswoman dreams of dumping the bosses off her back and starting her own business. In the 1970s I was a partner in two small electrical contracting businesses, one–Wonder Woman Electric–all women. While the prospect seems idyllic, running a business is fraught with its own problems. I was glad to have done it and also relieved to go back to taking orders from a foreman. Contracting drove me crazy but I’m proud that we succeeded in training female electricians who made great careers in the trades.  Here’s a story published in Tradeswomen Magazine set in that time when everything seemed possible.

What I Know About Stereotyping

The culture of the construction site was manmade. No women had been involved in its creation and so we had to negotiate the best we could. I said to myself I had a father and three brothers, I should be able to fit in. I’d been a tomboy as a kid and thought I knew how to hang with males of the species. Every new job, each with a new group of guys, held new challenges.SFconst2

I quickly learned that my coworkers thought women were incapable of doing the physically challenging work of construction. They brought to work a stereotype of women as whiny, useless, money-grubbing weaklings who needed a man to give them worth in the world. (Most of these guys were divorced and still angry at ex-wives). They repeated to me an old saying: If this work was easy, women and children could do it. Something told me that when they repeated it to each other, the word they used was not women.

“Cunt,” whispered the ironworker tying rebar next to me as I tied pipe to it. Then he quickly moved on. After I got over the shock, here’s what I thought: “Ironworkers are a bunch of cowardly sexist dickheads.”

My coworkers told me women weren’t good partners on the job because we couldn’t be trusted to hold up our end of a 300 pound piece of floor duct. We were all afraid of heights, we didn’t know how to swing a hammer and hit anything. We were just there to get a man. Our presence on the job would cost the contractor money since it took us twice as long to complete a task. When criticized we would cry, so they had to be careful what they said to us. (Too bad that didn’t translate to not insulting us.) Their worth was predicated on our worthlessness, our lack of merit. You are only as tall as the person you are stepping on.SFconst

I went to work each day with the objective of overturning the old stereotype. I was usually the only female on the job, and very conscious that I would embody a new improved stereotype. I worked hard, but was careful not to work so hard that I’d be accused of breaking down conditions and brown-nosing the employer. I tried to work just as fast as they did, but not faster. I picked up my end of the floor duct and used lifting skills to save my back, while thinking to myself that nobody should have to lift 300 pounds of anything. I was not afraid of heights, but if I had been, I never would have admitted it. I never cried, even when I felt like it.

A worker was welcomed into the construction culture in a backhanded manner. You didn’t know whether you were being dissed or included. Race and ethnicity as well as gender were called out with jokes and put-downs. How one responded was noted. You were supposed to go along to get along.

The men could be empathetic while at the same time expressing homophobia, sexism and racism. I tried to come out as a lesbian whenever the opportunity arose because I was convinced this honesty made the job easier for me. On one job I worked with a traveler* from Arizona. We were assigned to tape connectors and boxes in the trailer while we waited for the deck to be readied for the electrical crew, so we had time to chat. He told me his wife worked as a nurse in a hospital in Oakland and the place was overrun with faggots. She was disgusted. Here was my opportunity! I admitted to being a dyke and probably noted that fags were a lot more fun to work with than his sorry ass. At that he did an about-face. He needed to make a confession too. He acknowledged that he was an alcoholic, that he was in recovery and that he was letting me in on the secret. That made us even, and we were friends from then on.hospital

Ethnic slurs were thrown at people with what seemed like a try at love. Wetback, Chink, Dago were used inclusively, like welcome to our club, this is your identity. If I didn’t object in the beginning, my nickname would be Girl. I objected, but not to every slight. You had to pick your battles. I let them know I wasn’t keen on sexist or racist remarks. No one ever said the N word in racially-mixed company, maybe because they didn’t want to risk getting the shit beat out of them. The exception was travelers who came from sister union locals in the South, but they only used the word when conversing with whites. Talking about football, one remarked, “I never understood why anyone would want to watch a bunch of n*****s running around a field.” The Northern white guys on the crew were silent after that. Maybe they were seriously considering that football was no longer a white game. Or maybe they were silent on my account and would have agreed with the cracker if I hadn’t been there. I hope it was because they were so appalled they were speechless.

The Southern travelers were a different breed—bigots who bragged about killing cops and evading taxes. All white. The story was told about one guy that he kept a length of 000 wire under the seat of his truck and had once used it on a cop’s head. One day he drug up** and asked for his check. He was on the run, they said. White trash and dangerous.

That’s the way it was, and few of us minorities were exempt. On one job I had a Jewish foreman. I knew he was Jewish when others on the job started making gas chamber and oven jokes. Jewish men—at least out Jewish men—were rare on the construction site, although I knew many Jewish women who worked in construction. This guy had been a carpenter and later got into the electrician apprenticeship. He was a skilled mechanic and a competent foreman with an upbeat attitude. He let the jokes slide off.

The job was an interior remodel of the Hyatt Regency hotel in San Francisco’s Embarcadero Center. Cozy and insulated, we worked on an upper floor of the high-rise, piping in the ceiling, running up and down ladders. The construction crew would assemble in the basement in the mornings and ride the service elevator up to our floor together. The hotel pastry chef, a stern Austrian, came to work at the same time and rode the elevator with us. He never spoke to us, we figured, because he thought himself better than a bunch of construction workers. An unflattering stereotype of Austrians immediately took root in my mind. Austrians equal Nazis. Our crew began to refer to him as Herr Pastry. My foreman always spoke to him. Good morning or how are you this morning. The pastry chef may have nodded but he never spoke or smiled. It became a game. The Jew would force the Nazi to acknowledge us lower class plebes (the irony was that we union workers probably made way more money than he did).

Our IBEW contract gave us a half-hour lunch break 12 to 12:30 and one ten-minute coffee break, which we took at 10 am. I usually brought a bagel with cream cheese for break. I’d be starving by 10 even after eating a huge breakfast at 7. On jobs where the ten minutes was taken literally, I found I barely had time to down the bagel, which required some chewing, and to wash it down with my thermos of tea. This job was a bit looser. Coffee break might last 15 minutes.

“It’s too short,” I whined to no one in particular while standing on a ladder with my head in the ceiling. The piece of EMT*** I’d just cut didn’t fit and I’d have to start over. “What a thing to tell a man!” came back to me from the Irish carpenter foreman whose head was the only one I could see up there. That made me smile. Irish guys—full of blarney.

“Break time,” someone yelled, and I looked down to see coffee being served in a fancy silver service with a huge plate of pastries beside it. The gift had come from the pastry chef, and for the rest of that job we had complimentary coffee and pastries at 10 am, thanks to the persistent civility of our foreman. My stereotype of Austrians crumbled. I’m still waiting for help with my prejudice against ironworkers and white Southern men.

*Travelers follow the work around the country when work at home is slow.

**To drag up is to quit the job.

***Electrical Metallic Tubing, a kind of pipe used in the electrical industry.

 

Sexist Language is a Bitch

As a young reader I took umbrage at authors who insisted on referring to mankind and men when discussing all humans including women. It didn’t help when librarians and teachers patiently explained to me that the words mankind and men were meant to include women. I didn’t believe it and I just stopped reading those writers. But I was still angry at the dominant paradigm. You couldn’t escape it.

When I found feminism, I found sisters who agreed with me. Women were being left out of history and the present by the use of sexist language. Several feminists developed genderless languages and pronoun replacements, which unfortunately never caught on. Today transgender activists seem to agree on replacing “she” and “he” with “they,” but I find it cumbersome and difficult to adopt.

Gender specific job titles have always rankled women who work in or aspire to work in male dominated jobs. If a job title ends in man like lineman, mailman, policeman, craftsman, draughtsman, we get the point that women do not belong and are not welcome in these jobs. Girls and young women understand that they should seek careers elsewhere.

Sisters in the Brotherhood

workersAhead
So much more inclusive than MEN WORKING

I was just lucky that electrician, my own trade, is already gender neutral. Visiting Mexico, I was delighted to learn that electrician in Spanish is electricista. We haven’t had to fight battles about carpenter, plumber, ironworker or sheet metal worker. Unfortunately, however, all these unions are brotherhoods by title and all except the painters, bricklayers and the longshore workers have refused to consider changing to a neutral term. Instead of International Brotherhood of Electrical Workers, how about International Union of Electrical Workers? Over the years sister electricians have floated the idea of getting the International to change its title to a more inclusive one, but the men in power refuse to entertain the idea. My one defiant act was to write my dues checks to the “International Sisterhood of Electrical Workers.” No one ever said anything and the checks were always cashed. I guess the bank doesn’t care what term we use.

The one union to do battle with its membership about the brotherhood issue was the Teamsters, 30 percent of whose 1.4 million members are women. A proposal to change brotherhood to a more inclusive term was put forward by the progressive president Ron Carey at an international meeting in 1996. Members were consulted about the idea and debated the issue for months in union publications, but Carey’s rival, James P. Hoffa opposed the change. He famously said, “It’s gender neutral. The definition of brotherhood is that it’s neutral.” Supporters of inclusion lost the vote, Hoffa took over as president, and the Teamsters remain a brotherhood.

Taking an Ax to Fireman

Feminists have spent many years trying to retrain reporters and speakers to use the term firefighter instead of fireman. Mostly we have been successful, but it takes letters to writers in all genres to make a change. The New Yorker magazine is one recalcitrant actor. I think those New Yorkers must look at their own backward fire department and think, “Why should I use a gender neutral term? There are no women.” And this is almost true. But their response should be embarrassment at their city’s failure to integrate its fire department.

3540934-portrait-of-female-firefighter-holding-axe
Firefighting gear renders gender unrecognizable

I’ve written many letters to my daily newspaper, the San Francisco Chronicle, about this issue over the years. One of the most grievous examples was a column by Rob Morse, a writer with liberal politics whom I read regularly while he was published. After a big fire destroyed one of the buildings at the old Ghirardelli chocolate factory, Morse thanked the brave “firemen” who extinguished the blaze. Ironically, the photo of one of the working firefighters that appeared on the front page of the Chronicle was a picture of a female. You just couldn’t tell the gender because of all the protective gear she wore. My outraged letter to the editor was published but only with poor edits which made me look stupid. Still, it brought the issue to the editors’ attention. The Chronicle eventually changed its style to firefighter.

One example of the prevalence of this misuse of the word in the culture is in the comics. I’m a regular reader of the comic Luann, whose central character is a teenage girl (kudos!). I was heartened when the artist, Greg Evans, introduced a female character who becomes a firefighter and eventually dates Luann’s older brother. In the comic she also must contend with an abusive boyfriend, an issue that doesn’t often make it into the comics. Still, the artist continued to use the term fireman even when referring to that character. In my letter I praised the artist for creating this female character and tried to explain how using a gender-neutral descriptor would make her an even better role model for girls who read the comic. Presumably mine was not the only complaint. The comic eventually changed the term.

The firefighter argument is closest to my heart. Feminist activists in San Francisco battled for 16 years with the SFFD before women were allowed to work as firefighters. Then for 12 years I was partnered with a female firefighter who eventually became the SF fire marshal. I don’t always fault women in the gunsights for not fighting this battle. Working in a male-dominated culture you have to pick your battles and descriptive terms may not be the most important issue. That’s why it is imperative that feminist activists outside these workplaces pile on to push for change. When I worked in the SF Department of Building Inspection I had a cordial relationship with the fire inspectors I worked with (that’s where I met my now ex-partner). I didn’t hesitate to correct their language. When they didn’t change, I would greet them in the elevator, “How are the firewomen today?” That got their attention.

During my stint as the “fire marshal’s wife,” I saw these guys at parties and social events. Just like in the building trades, they had no second thoughts about insulting me or women in general, right to my face. When you first hear “Women can’t do the job, women shouldn’t be in the fire department,” etc., you are shocked, but the fortunate thing about continually being subjected to insults (as with sexual harassment) is that it gives you practice in responding. I was never great at quick retorts, but I got better with lots of practice.

My ex-partner said: “Every time I read the word fireman, it’s like a punch in the stomach.  It reminds me of when my brother (four years older, bigger, and stronger) would punch me, then hold me at arm’s length by putting his palm on my forehead and I’d be swinging away at him, never able to land a punch back.”

Fishing for Fishers

Lately I’ve been addressing writers about the term fisherman. Fisher is such an obvious and easy choice and I can’t understand why speakers and writers are so resistant to change. It’s not just men. Women are just as argumentative. Except there’s not a very good argument. “We’ve always done it that way,” the typical response, just doesn’t cut it.

FisherTina
My fisher friend Tina Moreda on her boat at Bodega Bay Harbor

The last few times I’ve written to the Chronicle’s writers about the term fisherman (I love that the writer’s email address is listed at the end of the article), one didn’t reply, one wrote back to say simply “thank you,” and one wrote that she had thought of fisherman as a gender-neutral term.

Perhaps the reason this choice of words is ignored is that the fishing industry has been floundering and dying now for decades. Few choose to be fishers anymore, but I personally know women who integrated this industry in the 1970s and women who continue to make a living fishing. It’s still an important industry on the California coast, so the Chronicle runs fishing stories often. In recent stories, writers have used both the terms fisher and fisherman. I think my letters must have made an impact. They seem to be breaking their readers in slowly.

One wonders what they would think if all reporters were referred to as “newsmen.” Oh, wait. They were. And not that long ago.

News flash: From a story in The Guardian about the discovery of four new elements in the periodic table: “This article was amended on 4 January 2016. The reference to the new elements being “manmade” was changed to “synthetic” to follow Guardian style guidance on the use of gender-neutral terms.”

Postscript: This essay must be updated. Some unions have changed names but most are still brotherhoods. The laborers union changed to Laborers International Union of North America (LiUNA) in 2012. The Ironworkers do not use brotherhood in their name.

 

Canadian Women Working

Vancouver, BC

CarlaCement
Carla is a cement mason and a first aid captain. When I noted her pink hard hat, she said, “It was free.”

Look up in this city of highrises and you will see cranes. There’s lots of construction going on and presumably lots of jobs for construction workers. As in the States, I’m always on the lookout for women, and I found quite a few here. Most of the women I saw were flaggers, just like at home. But I did run into a cement mason on the street, so I’m confident there are many more women inside the buildings working in different trades.

On our way to the west coast of Vancouver Island, we saw women working at non-traditional jobs on the BC Ferries, a public/private partnership. High voltage line workers were upgrading poles and lines along Highway 4 on the island, and I wondered if any of them were electrician sisters.

Just from my little anecdotal evidence, I think Canada is surpassing the US in breaking down barriers to women in construction. The signs are better here, too. Most are in a universal sign language that doesn’t require words. We saw not a single sign that said MEN WORKING.

Advice from an Old Tradeswoman Activist

  1. Know your friends and know your enemies. Tradeswoman organizations are our friends, even when they are applying for the same funding. Those who want to keep us barefoot and pregnant and not allow us to work are our enemies. They will always try to divide us. Do not let them.

 

  1. Discrimination makes us crazy (and sick and angry). Sometimes we are called upon to support crazy women and tradeswomen organizations must be there for women when we are crazy.

 

  1. Tradeswomen are part of a larger movement for Civil Rights. We have more power when we coalesce with other people and organizations.

 

  1. Our community is small. Activists in the Tradeswomen Movement must know that you will encounter over and over the same people who are also active in the Movement. Build bridges, don’t burn them.

 

  1. One woman can change everything. In most cities where tradeswomen organizations have flourished, one woman organized the first meeting. Sometimes one righteous woman in a position of relative power in a state, federal or local government or a union organization can mean the difference between jobs for tradeswomen and none.

 

  1. Laws (and lawyers) can be our friends. Having the backing of government makes a world of difference when we are trying to change our world (unfortunately, the feds have neglected affirmative action since Jimmy Carter’s time).

 

  1. Mentor each other. Our job is to support each other. Our job is to inspire each other. Sometimes we don’t know the effect we have had on others until many years later.

 

  1. Women have the right to be mediocre. We shouldn’t always have to be the best at everything.

 

  1. Always try to be the best at everything. Otherwise you make women look bad. When we are the only one on the job, we embody the stereotype of all tradeswomen.

 

  1. Just going to work every day and putting on your toolbelt can be a revolutionary act.

 

Tradeswomen at Work

Whenever I see tradeswomen at work, I try to take their pictures. Sometimes I even get a chance to talk to them. There’s a big street project going on at the Glen Park BART station and I’ve made friends with Jackie the laborer who is usually flagging when I cross the street. She is often wearing a t-shirt that reads Fight Like a Girl. There’s a female engineer working on this project too, and I did get a couple of pictures. That’s her conferring with a foreman.

Jack the laborer
Jackie the laborer

Jackie2
Jackie and coworker

Engineer

 

The Birth of Our Movement: Tradeswomen in the San Francisco Bay Area

The tradeswomen movement might be the most unsung subset of the feminist movement of the late 20th century. Like the feminist movement, it did seem to erupt suddenly, simultaneously, across the country and the world. All at once in the mid-1970s women began demanding access to blue collar jobs that had been the exclusive domain of men, like construction, utility maintenance, driving, dock work, policing and firefighting.

But the movement was not as spontaneous as it appeared. Women had been working for decades toward equality under law. Women had been included—however disingenuously—in the Civil Rights Act of 1964 and then Title IX, the 1972 law requiring gender equity in education including sports programs. Young feminists, studying the statistics, were painfully aware that on average women working full-time made only 59 cents for every dollar made by men (in 2011 the proportion had risen to 77 cents). Inspired by the Civil Rights Movement and efforts by black men to enter the white world of union construction, women began to organize toward employment equity.

In the 1970s and 80s organizations advocating for women’s access to these jobs sprang up all over the U.S.: Chicago Women in Trades, TOP-Win in Philadelphia, Northern New England Tradeswomen, Hard-Hatted Women in Cleveland, Nontraditional Employment for Women in New York, Women in Trades in Seattle.

In the San Francisco BNEWay Area activists first formed Nontraditional Employment for Women (NEW) as a project of Union Women’s Alliance to Gain Equality (Union WAGE), a nonprofit organization for working women which included housewives, unemployed, retired, and women receiving welfare.

Early tactics included demonstrations and marches and efforts to enter union apprenticeships in the construction trades. The training programs, administered by joint committees made up of employers and unions, are comprehensive and free. An apprentice works full-time while completing training, usually at night during the program, usually four years. Hourly pay increases until you “turn out” as a journeyman in your trade. The apprenticeship system, especially in desirable high-paid trades like electrician, plumber, operating engineer, sheet metal and ironworker, had been closed to all but white men, primarily relatives of men already in the trade. The federal government had put in place agencies to enforce the new civil rights laws and women began to organize to tear down that wall.

Carpentry was a popular choice among women. The idea of working with wood, which it turns out construction carpenters don’t do much of—they mostly build forms for concrete–seemed romantic. The carpenters’ union was and still is the largest construction union with the biggest apprenticeship program and the most jobs. In the 1970s, it was one of the easiest apprenticeships to get into. Other crafts required applicants to take aptitude tests, submit to interviews and wait for months for a score but the carpenters used the “list” method, just creating a list of applicants, first come first served.

In 1975, with support from a sister nonprofit, Women in Apprenticeship Program (WAP) whose purpose was to place women in these apprenticeships, women learned that getting into the carpenters’ apprenticeship was just a matter of standing in line at the union office and signing up. The night before the apprenticeship opened, women formed a line outside the union door so there would be no question about who was first. Sleeping for one night on a concrete sidewalk seemed small payment for the opportunity to enter a training program which would also assist in placing trainees in construction jobs.

When the union’s doors opened the next morning the women who had waited in line all night found that their names did not appear first on the apprenticeship list. They also learned that carpentry was a “hunting license trade,” meaning that the apprentice must first find a contractor willing to hire him before he can be indentured into the apprenticeship. Hiring and, therefore, the apprenticeship was controlled by the contractor/employers who preferred to choose known workers rather than request new apprentices sight unseen from the union’s list. The women did travel to various job sites in the Bay Area seeking work, but no contractor would hire them. They decided to look for a lawyer.

Sue the Bastards

Filing a lawsuit was a decision not taken lightly. It almost certainly meant that the filer would become a martyr to the cause and would be blacklisted from future work. It could also mean months and years of shepherding a case through the system. And, as much as it was apparent that the unions were acting as the enemy of women, the women did not want to make the unions their enemy. The unions were the only reason trades jobs paid decent wages with decent working conditions.

Litigation cannot be the sole foundation of a mass movement, but litigation in the 1970s when class action lawsuits proliferated and very often resulted in wins, became an important part of activists’ strategy for change. San Francisco Bay Area tradeswomen activists were lucky to have advocate lawyers at Equal Rights Advocates, a law firm devoted to defending working women, and the Employment Law Center. Across the country, most women fighting employment discrimination were out of luck. No lawyer would take their cases.

Lawsuits filed by individuals rarely resulted in changes to laws or regulations. Women were pressured to settle for cash and to agree not to disclose the settlement. The lawsuit that had won affirmative action goals and timetables for women in the construction trades was filed by a coalition of feminist advocates against the U.S. Department of Labor in 1976.

BCAW by JEB
(c)2015 JEB (Joan E. Biren)

The case that resulted from the 1975 attempt by women to join Carpenters Local 22, Eldredge vs. Carpenters Trust, kicked around in the courts for 21 years and was finally decided in favor of the women. Judge Betty Fletcher of the Ninth Circuit Court of Appeals ordered the union to reserve 20 percent of its job referrals for women. In her opinion, an obviously exasperated Fletcher wrote, “The bottom line is that women historically have been systematically excluded from carpentry work and for more than two decades have sought relief through the courts while the Joint Apprenticeship Training Committee, the craft’s gatekeeping organization, has waged a relentless battle to preserve the status quo.” But the carpenters union ultimately was the real winner. For a time, the union complied. It found plenty of women in the San Francisco Bay Area anxious to enter the trade, putting the lie to its past complaints that women weren’t interested in construction work. Then, when the 20 percent apprenticeship goal was met, the union petitioned the court to end the consent decree. The settlement agreement failed to require follow up and when the judge’s decree ended so did the hiring of women.

The women’s lawyer, Alberta Blumin of Berkeley, essentially worked for free, but there is no accounting of the legal costs to the JATC for its “decades’-long legal recalcitrance and foot dragging” (Fletcher’s words).

Goals and Timetables

In 1978, when the new federal affirmative action rules and regulations went into effect, tradeswomen and women who aimed for careers in construction celebrated. The goal for women to be hired on federally funded jobs was 6.9 percent, increasing to 9 percent over five years. Apprenticeship programs were required to indenture 23 percent women (the number was one half the percentage of women in the general workforce—46 percent). If the unions and employers actually met the goals and the federal and state governments actually enforced them, it would only take a few years for women to achieve parity in the construction trades.

The new comprehensive federal guidelines that resulted from the Department of Labor lawsuit spelled out more than just numerical goals. Titled Executive Order 11246 and upgraded under President Jimmy Carter, the law acknowledged that a critical mass of women would be needed to counter the isolation and harassment women were experiencing in nontraditional jobs. The regulations pointed out working conditions and safety as paramount.

That year, 1978, union construction apprenticeships across the US were forced to induct their first women, but most women were still alone in apprenticeship classes with men. Many dropped out. In San Francisco’s IBEW Local 6, four women began the apprenticeship. One, Pat Snow, was able to retire with a full pension after 25 years as an “inside wireman.”

The large hope was not fulfilled. The 6.9 percent goal was never met except for a few isolated jobs, and never increased. Nor was the apprenticeship goal met, except in the Seattle IBEW Local 46 program, which for seven years was headed by a female electrician, Nancy Mason.

Anti-poverty strategy

A good percentage of women who entered the construction trades in the 1970s were college-educated and middle class. Economics was a driving factor. Unemployment was high and women had difficulty finding well-paid jobs in more traditional occupational sectors. But many women didn’t want to work as teachers, nurses or secretaries (the main historical choices). The feminist movement had posed the question: Why can’t I do this? Suddenly everything seemed possible. Women who didn’t want to dress in skirts and pantyhose, whose dream was other than sitting at a typewriter all day, who weren’t interested in teaching kids, found a welcome alternative in construction work. You could get up in the morning, throw on the same clothes you’d worn the day before, put a hard hat on uncombed hair and go to work. You could drive around town and point proudly to buildings you had built. In union construction work men and women make the same wages and the contract provides for decent working conditions and benefits.

Among the many reasons to choose construction work was free apprenticeship training and no requirement for college education. Activists saw the breaking of resistance to women in trades as a path out of poverty for women. Here was a way to counter the “feminization of poverty,” a shocking trend especially as more women in the U.S. became single heads of households. Such a demographic shift could end poverty for women and children all over the country.

Tradeswomen Inc.

Screen Shot 2015-04-18 at 1.32.07 PMIn 1979, Tradeswomen Inc., a 501c-3 nonprofit, was organized by a group of advocates including Madeline Mixer, director of District IX of the Women’s Bureau, US Department of Labor; and Susie Suafai, director of WAP. The goal was to access money to expand the already successful WAP project that was placing women in Bay Area union apprenticeship programs. For a short time, under President Jimmy Carter, construction jobs opened up to women. But after Ronald Reagan’s election in 1980 everything changed. The Reagan administration immediately dismantled and defunded whatever affirmative action programs it could, and stopped enforcing regulations already on the books.

Women, however, continued to fight to enter construction and nontraditional jobs.

To be continued.

Thoughts upon Leaving the Tradeswomen Board

As I leave the Tradeswomen Inc. board, after four decades as a tradeswoman activist, I ask myself if there’s any way my experience can be helpful to all of you who are still actively working to help women enter the trades. Are there lessons I’ve learned that can be passed on? What do I know that might be useful to you?

I got involved in this movement because I wanted a job that didn’t require wearing pantyhose and pumps or sitting at a desk for eight hours, and I wanted a decent paycheck. These are things that haven’t changed. Union trades jobs still pay good money, even as unions are under attack and wages are slipping. Training in the apprenticeship programs is good if you can get in. They are still free and don’t require more than a high school diploma.

We still have good reasons to want these jobs, which are the same reasons we are kept out: decent wages and working conditions, a union contract, no distinctions between men’s work and women’s work. You don’t have to beg for a raise. All are paid the same.

The laws and regulations that protect us came about through our civil rights activism and through lawsuits. In California, they were abrogated through the initiative process and racism (Proposition 209 in the mid-1990s).

The original goals and timetables that resulted from a 1976 lawsuit against the US Dept. of Labor acknowledged that women must constitute a critical mass in nontraditional workplaces to succeed. Women never reached that critical mass and we still find ourselves isolated and harassed on the job, when we can find work. The Carter administration had our backs and women started to break barriers all over the US. Then Reagan took over in 1981 and immediately began to dismantle affirmative action.

The first thing Reagan did was to de-fund job programs. Our partner in San Francisco, Women in Apprenticeship Program, managed to hang on a little longer by sheltering under the umbrella of another program, but they, too, finally had to close. In those years, WAP placed women in apprenticeships and TWI advocated for and networked with them. We made a great team.

WAP had funding and a staff. TWI was always broke. We hired our first ED in 1983 right after we sponsored the first national tradeswomen conference (an all-volunteer effort). For many years our staff was one part-time director, always complaining of overwork and not enough paid hours. At every retreat we would pledge to raise enough money to expand, but I don’t believe we ever could until the 2000s when we got a WANTO grant from USDOL. There were times when we had to lay off our staff, and volunteers always stepped in to take up the slack.

We did keep track of what sister organizations were doing, how they got funding, what programs they sponsored. There was funding for pre-apprenticeship training programs but that wasn’t our mission and there were others in the Bay Area who did that. Still, in the early 1990s we agreed to partner with another organization (Women Empowering Women) to build a training program. I won’t list the mistakes here, but it was a disaster and we ended up $50,000 in debt.

Throughout its history TWI worked in coalition with other civil rights organizations to maintain the laws and regs we had fought for and won in the 1960s and 70s. Equal Rights Advocates (especially staff attorney Judy Kurtz) was for a time the center of this coalition activism. We had worked with Judy to sue the state Division of Apprenticeship Standards in 1981 for failure to bring women into apprenticeships in all the trades and later to hold hearings at the Little Hoover Commission. Together we formed the Tradeswomen Policy Council. When the anti-affirmative action measure, Proposition 209, went on the CA ballot in 1996, we were in a good position to mount an opposition campaign. We lost, and Prop 209 became law the next year. It put an end to targeted outreach and enforcement for women and minorities in education and employment, essentially making affirmative action illegal in CA. Tradeswomen never figured into the arguments about Prop 209, but we were the biggest losers. I’d like to add here, it was thrilling for me (and frustrating as well) to work in coalition with people of color toward a common goal. We were all part of a movement for civil rights, and I was sorry when ERA turned its focus from advocacy back to litigation.

After that, advocating for women in the trades got much harder, and Prop 209 is the reason California’s numbers of tradeswomen are so much lower than many other states. The only affirmative action law we can rely on now is federal. Executive order 11246 requires federal contractors to employ 6.9 percent women. That’s the number that came with the federal goals and timetables in 1978. It was supposed to increase automatically. Instead, we have had to fight efforts by contractors to lower the number. Of course, that goal is now rarely enforced.

The enforcement agency is the Office of Federal Contract Compliance Programs, which has been gutted under every Republican administration. Now, the only jobs they look at are what they call Mega Projects. A construction job must be officially dubbed a Mega Project (the SF federal building was one) before goals will be enforced. There are currently no Mega Projects in our region, and so there is no enforcement of affirmative action goals on any of the big projects going on in the Bay Area. I look in vain for a woman as I drive by the Doyle Drive replacement job, funded with federal money. As far as I know there has been none. The huge SFPUC water system project has less than one percent female construction workers. Our “progressive” city should be cringing with embarrassment at this number. Instead, city officials have ignored the issue. The other federal program that still operates in California is 29 CFR 30, which requires affirmative action plans by registered apprenticeship programs. Unfortunately, it is not really enforced.

This is the state of our state in 2015. Employers don’t want to hire us and they don’t have to. We don’t even know how many tradeswomen have left the trades since the recession hit and they lost their jobs in 2008. Nobody keeps these records. We do know that we are still last hired and first fired. Actually, lack of follow-up has been a problem from day one. What happened to those women who graduated from our pre-apprenticeship training program? We don’t know. We never have funding for follow-up.

Here is one amazing thing: Tradeswomen Inc. is still here! We have an honorable mission, to help women rise out of poverty by gaining skills and well-paying jobs. There is still much to be done and you can still count me as a member of the TWI team.

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