AIDS activism meeting

A follow up meeting to the September 24 AIDS Activism Forum will take place on Monday, October 24 from 7-9 p.m. at Capitol Hill United Methodist Church (16th & John) in the Chapel Room.

At the September forum, a number of people were interested in forming a group modeled on ACT UP (AIDS Coalition To Unleash Power) to do civil disobedience and cultural interruption in Washington State.

Others indicated a strong need for better health information networking in regard to alternative therapies and new drugs. These and other issues, will be discussed.

The meeting is open.

For more information call A Territory Resource at 624-4081, or SGN at 324-4297.

Crisis Clinic plans. 1989 booklet

The Crisis Clinic is planning to publish its 1989 edition of their "Where to Turn," booklet in early January. This is a pocketsized guide to health, welfare, recreational, and other social services available to residents of Seattle and King County.

To be included in the booklet call the administrative Resource Center (461-3217) October 20-25 from 9 a.m. to noon, 1 p.m. to 5. US WEST from page 1.

November 1, the manager rescinded his instruction, directing the clerk to change payroll to unpaid time.

Foshay filed a grievance with is union, Communications Workers of America, to protest this refusal to pay him funeral leave. Under the city ordinance, persons cannot be discriminated against on the basis of sexual orientation or marital status. When the union failed to respond, Foshay filed a complaint of discrimination with the Seattle Human Rights Commission, in March, 1986.

SHRC found, in late 1987, that there had been discrimination on the basis of marital status, but declined the charge of discrimination on the basis of sexual orientation, despite an appeal. They forwarded their findings to the Seattle City Prosecuting Attorney for review.

In the meantime, in August of 1986 a new union contract had been signed, which included "cohabiting couples" in the definition of family members. The Seattle Human Rights Ordinance was amended to include cohabiting couples as well.

The City Prosecutor declined to prosecute the case, deciding that PNB and the Communications Workers of America were not in violation of the ordinance at the time of the incident, since the ordinance had not yet been amended. In January, 1988, Foshay's attorney's, representing the National Gay Rights Advocates, filed for a writ of review in King County Superior Court; the hearing was set for February 9, 1988.

At the hearing, the judge dismissed the writ, finding that it had not been filed in a timely manner; the city attorney argued that the zoning law cited in the request for review requires a response within a 14 day period.

"This is where the retaliation comes in," explains Foshay. "On March 4, I was suspended, pending investigation for alleged security violations. I was actually suspended by my supervisor, Joan Datson. She had the option of issuing a verbal warning, a written warning, suspension, or dismissal, on the spot. She opted for suspension; this was a first offense."

The security violations cited were a surprise to Foshay. In his 11 years with the company, he had never received an unsatisfactory evaluation. He was accused of violating Company Instructions 24, 46, and 125. Foshay explains them as follows:

"C.I. 24 is a sort of catch-all security code. It covers everything from stationery, to personal telephone calls on company time, and so on. C.I. 46 covers computer security, and C.I. 125 covers company concession. Under C.I. 24, they said they found about 18 customer records that I should not have accessed. Now, according to the union, they have gotten an admission from my manager, Joan Datson, that when I was trained, I was never told that I was restricted on any one

AIDS UPDATE

single account, including my own.

"C.I. 46 governs computer security. Now, in the information we review annually, it states "customer information will not be used or given out to other departments." My partner works for the company in another department. They say I gave customer information to him. I did not. And he was interviewed by security; he acknowledges he did not receive any information from me, and he will testify to that effect.

"In C.I. 125, company concessions, each employee is allowed to have a telephone in their home and pay only 50% of the monthly service charges. We still pay full price for toll calls. The phone in our house is in my partner's name. Mine had been sitting for years not being used.

I utilized my concession on three separate occasions: Once was for my parents when they moved here, once for my sister, and the third time, which is the one they're using, is for a very dear friend of mine who moved here from Bellingham. I want to point out that, the first time I did this, with my parents, I contacted the business office and asked if I could do this, which I was entitled to do as a rate-payer. It was the business office's decision as to whether that service should be provided. The representative I talked to even asked the manager, and he said "No problem," there was no conflict, nothing... they are inferring that I made the decision. I disagree; I had the right to make the request but it was up to them to approve or disapprove it.'

Mitchell Foshay was terminated by PNB on April 19, after the Security investigation. "The union is being very supportive," he stated, "and they've agreed to cooperate with the Seattle Human Rights Commission investigation, which I'm very happy about."

After an August 4 meeting, the case went to arbitration. PNB was served with papers, and given 20 days to respond. They asked for, and received, an extension from the SHRC, for an undetermined length of time. This was done without Foshay's knowledge or consent. As of today, the company has refused to arbitrate on any form of conciliation, nor have they agreed to negotiate. They also refuse to release investigative records to the union arbitrators representing Foshay.

Foshay believes strongly that his suspension and subsequent firing were in direct retaliation for his complaints against the company. "I've worked for PNB for 11 years, and in that time I was receiving satisfactory evaluations. ...I have consulted with several attorneys, and the consensus has been that I do have a case. And the union agrees that they have no grounds to dismiss me."

Until the case is resolved, Foshay's employment status is uncertain. "I have sent out at least 20 resumes to other companies in the telecommunications industry, and I have not received one response back. Now, PNB claims that they aren't giving information about me or the case to prospective employers, but there's no way to prove that.

Foshay has also lost all claim to pension benefits and health insurance with the company, a fund into which he has paid for eleven years. "I know of another employee, a first offense, unaware that customer records were restricted, similar to my case," said Foshay. "He was found to have accessed his mother's telephone account. All he received was a written warning, placed in his personnel file, to be removed in one year. Why was I suspended and then fired for a first offense?"

"If the company wanted to get rid of me that badly, they could have offered me a Voluntary Income Protection Plan, that's built right into the union contract. This offers me early retirement," he added. 'I could have at least retained my pension, my medical benefits, my dental benefits. All those are retained by a retiree."

Mitchell Foshay intends to file the suit recommended by the EEOC. He will be representing himself in court, as he can no longer afford legal counsel. Still, he is not ready to give up. "I filed complaints against the company to protect my rights, and they fired me for it. Now I have nothing to lose.. If we don't defend our rights, then what's the use of having them? I feel like what I'm doing will benefit not only myself but the whole Gay community."

..

Desperately Seeking Oscar

If you joined The Study during Oscar Wilde Month, then now is the time to come back to the AIDS Prevention Project for a six-month follow up. The effectiveness of our fight against AIDS depends on The Study, and The Study depends on you.

Please call for an appointment today.

Come Back To The Study

Call 587-4999 AIDS Prevention Project

City of Seattle, Charles Royer, Mayor

Evergreen Chiropractic Center

King County,

Tim Hill, County Executive

BACK TO BASICS

Do you suffer from: headaches, neck pain, back pain, sciatica, arm and shoulder pain?"

Call today for appointment: 323-1666 Monday through Friday, 9-7; Saturday 9-2 1666 E. Olive Way, Seattle, WA 98102

Dale L. Reite, DDS

October 21, 1988

GENERAL AND COSMETIC DENTISTRY

1122 Medical Dental Bldg.

Seattle, WA 98101

(206) 292-9980

Dr. Michael Failla

Dr. Renee Noomie

Andrew M. Shields, DDS

Seattle Gay News

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