anthrax strike: labor militancy on the panama canal

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  • 8/14/2019 Anthrax Strike: Labor Militancy on the Panama Canal

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    Michael Murphy

    IBEW Local Union 520

    Michael Murphy

    10708 Oak View Dr.Austin, TX 78759Tel. (512)461-9184Fax. (512)326-9596

    Anthrax Strike: The 1976 Outbreak of Labor

    Militancy in the Panama Canal Zone

    Senior Seminar

    October 2005

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    government created, within the Zone, a slice of America, with its own Courts, Schools,

    Post Office, police/fire protection, commissaries, housing developments and all of the

    other things you might find in a typical American community.

    One aspect of the typical American community that did not exist in the Zone was

    free enterprise. All real property in the Canal Zone was owned by the Panama Canal

    Company/Canal Zone Government (itself an agency of the United States Government).

    All residents of the Canal Zone were either employees or dependents of the

    Company/Government or another United States Government Agency, such as the

    Department of Defense or the Federal Aviation Administration. As Canal Zone

    Governor in 1965, Robert J. Fleming described this arrangement to US Senator, Sam

    Ervin The Company/Government operates all the facilities of daily living and

    naturally virtually all United States citizen employees and their dependents are housing

    tenants, retail store customers, hospital patients, etc., of the Canal agencies.4 Thus,

    many of the problems that plague the typical American community were non-existent in

    the Canal Zone. There was, for instance, no unemployment. If you were not employed

    (or a dependent of an employee) you were not permitted to reside in the Canal Zone.

    There was no aging population, as immediately upon retirement, all employees were

    expected to vacate the Canal Zone. The Canal Zone has been described by one observer

    as a socialistic utopia.5

    The premise of Herbert and Mary Knapps fine work on life in

    4 Governor Robert J. Fleming to Senator Sam Ervin, January 15, 1965, RG185-50, National Archives,College Park, Maryland, (Hereafter cited as NA).

    5 Michael L. Conniff,Black Labor on a White Canal: Panama, 1904-1981, (Pittsburgh, University ofPittsburgh Press, (1993)., pp. 55.

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    the Canal Zone is that the Zone was much like the utopia described by Edward Bellamy

    in his 1887 novel,Looking Backward.6

    As with all utopias, the Canal Zone suffered its share of problems. Key among

    these problems was the control the PCC/CZG held over the life of its employees.

    Although it is not the general policy to interfere with the private lives of employees, the

    nature of the Canal enterprise necessarily imposes certain restrictions on off-the-job

    conduct not ordinarily found in other employer-employee relations.7

    One important

    problem that would be integral to the cause of the sickout was the racial/national origin

    policies practiced by the PCC/CZG.

    From the very beginning of construction of the Panama Canal in 1903, Canal

    authorities planted the seeds of the 1976 strike by adopting and maintaining a Jim Crow

    policy toward its workforce. American workers (mostly white) were paid in gold, and

    foreign workers (mostly blacks imported from Barbados) were paid in silver. This came

    to be known as the Gold and Silver system. All canal facilities were segregated into Gold

    and Silver facilities. This included housing and schools. The Gold and Silver system

    was not as strictly enforced as Jim Crow because there were instances of blacks on the

    Gold roll and whites on the Silver roll. The line of demarcation was more a matter of

    national origin than color. The whites on the Silver roll were primarily immigrants from

    Spain and southern Europe and the blacks on the Gold roll were, in most cases, United

    States citizens. Division of the workforce along these lines accomplished the same

    6 Herbert and Mary Knapp,Red, White and Blue Paradise: The American Canal Zone in Panama, (SanDiego, Harcourt, Brace and Jovanavich, 1984).

    7 Fleming to Ervin, January 15, 1965, NA.

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    mission in Panama as it did in the United Statesit allowed the employer to divide the

    workforce against itself.8

    Upon completion of the construction project in 1914, Canal workers were faced with

    massive layoffs. In addition to the layoffs, George W. Goethals, Governor of the Canal

    Zone,9 proposed to cut the wages of Gold roll employees. Gold roll employees, since the

    beginning of construction, had been paid 50% above the wages paid to similar employees

    in the United States. This premium was known as the tropical differential and would

    become a key issue in the 1976 sickout. Goethals proposed to cut the tropical differential

    down to 25% and Congress agreed to do so in the Panama Canal Act of 1914. In

    response to this, the American Federation of Labor (AFL), in 1914, formed the Metal

    Trades Council and consolidated the thirty blue-collar Gold roll employee unions under

    its banner. It later organized the white-collar Gold roll employee unions into the Central

    Labor Union.10 One of the early battles fought by the Central Labor Union-Metal Trades

    Council (CLU-MTC) was the campaign against Goethals 1915 attempt to bill employees

    for their housing, fuel and electricity. CLU-MTC succeeded in killing the plan for Gold

    roll employees but left the Silver roll employees, who were not organized into unions, to

    fend for themselves. They didnt do well and ended up paying for their housing and

    utilities, further increasing the gap between Gold and Silver employees. For the next 35

    8 Conniff, Major, and McCullough all describe the Gold and Silver system at length.

    9 Goethals was the last of the Chief Engineers of the Canal construction project and was appointedGovernor of the Canal Zone upon completion of construction in August, 1914. He served in that capacityuntil January 10, 1917. Major, Prize Possession, pp. 382.

    10 John Major, Prize Possession: The United States and the Panama Canal, 1903-1979, (New York,Cambridge University Press, (1993), pp. 86-87; Conniff,Black Labor on a White Canal, pp. 50.

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    years the lower paid Silver roll workers paid their rent while Gold roll employees lived

    rent-free.11

    In 1916 Silver roll employees conducted a strike to protest their low wages and high

    cost of living. American Federation of Labor had not sought to organize Silver roll

    employees so the employees sought assistance from Panamanian unions after Canal

    authorities announced a pay cut. Panamanian labor leaders called for a joint strike and

    shut down several businesses in the Republic of Panama. An estimated 6,000 of the

    21,000 Silver roll employees on the Canal workforce joined the strike.12 Governor

    Chester Harding summoned the President of Panama and threatened to use the authority

    granted him under Article 7 of the canal treaty to break the strike by the use of US

    troops.13

    The Panamanian government cracked down hard on the strikers, ending the

    strike after 5 days. Because the Canal Companys labor policy was based on the ready

    supply of cheap Silver roll workers, any attempt to ameliorate conditions of Silver

    employees by pay increases would break the budget. Nevertheless, a small raise was

    granted the Silver employees after they returned to work.14

    In 1919 a colossal labor struggle shook the United States and Canal authorities did

    not escape that struggle. In that year, an African-American employee of the Panama

    Railroad named Nicolas Carter began to agitate Silver roll employees about forming an

    AFL affiliated union. Answering Carters call, AFL sent two Organizers from the black

    11 Conniff,Black Labor on a White Canal, pp. 50.

    12 Major, Prize Possession, pp. 88; Conniff,Black Labor on a White Canal, pp. 52.

    13 Harding replaced Goethals on January 11, 1917 and served as Governor until March 27, 1921, see Major,Prize Possession, pp. 382.

    14 Major, Prize Possession, pp. 89.

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    dominated United Brotherhood of Maintenance of Way Employees (BMWE) to the

    Canal Zone to organize Silver roll employees, promising to raise their wages to the level

    of Gold employees. Both Governor Harding and CLU-MTC demanded that AFL recall

    its Organizers or they would be deported. Samuel Gompers, in the midst of an effort to

    bring black workers into unions in the United States, resisted appeals to recall the

    Organizers and they were successful in organizing about 80% of the Silver workers into

    BMWE. In May there was a walk-off of 1,000 Silver roll employees from the docks at

    Cristobal, the Atlantic terminus of the canal, when they were told that their ten hour

    work-day was to be cut to eight hours without any increase in the hourly rate to

    compensate them for lost earnings.15 In February 1920 11,000 of the 16,000 man Silver

    roll workforce went out on a strike called by BMWE in the face of Hardings refusal to

    budge on its demands for wage increases. Again, Harding threatened to bring in troops to

    break the strike. After the first day, Governor Harding fired all workers who refused to

    go back to work and evicted 300 families from their Company-owned homes in the Canal

    Zone. After eight days the Local Union was broken and Silver workers remained non-

    union for another twenty five years.16

    Gold employees took advantage of the situation by scabbing out the jobs of the

    Silver employees while they were on strike. As a result, Harding ordered that those jobs

    that were necessary to the operation of the Canal would be held only by Gold

    15 Conniff,Black Labor on a White Canal, pp. 52-53.

    16 Ibid. pp. 54-58.

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    employees.17 By the time of the 1976 strike, these positions were called security

    positions.

    The proposal to make Gold employees pay for their housing resurfaced in 1921

    when United States Secretary of War, John Weeks, sent General William Connor to the

    Canal Zone to study ways to cut costs.18 Connor concluded that implementation of an

    open-shop policy toward the workforce would free management of the control that

    unions had over it. All of the Gold roll employees were unionized and the managers

    remained in the union after their promotion to supervisory positions. By breaking the

    closed shop, Silver employees could more freely move up the ranks and costs would be

    cut.19 Connor proposed a wholesale silverization of the workforce, replacing Gold roll

    employees with the cheaper Silver workers. Canal Zone Governor Jay Morrow and AFL

    President Samuel Gompers teamed up to kill the silverization proposal, but this time

    President Warren G. Harding accepted Connors proposal to charge Gold employees for

    their housing and utilities.20 CLU-MTC responded by going to the courts, and when

    losing there, to the Congress.21 CLU-MTC President William Hushing told the New

    York Times that silverization of the Canal workforce had already resulted in malaria

    outbreaks in the Canal Zone and urged that Congress go no further down that path. He

    17 Major, Prize Possession, pp. 92.

    18

    Weeks to Cut Down Panama Canal Costs,New York Times, April 21, 1921. See also, Labor UnionsFight Canal Zone Report,New York Times, October 7, 1921.

    19 Conniff,Black Labor on a White Canal, pp. 61-64.

    20 Morrow replaced Harding as Governor on October 16, 1924 and served until October 15, 1928. Major,Prize Possession, pp. 382.

    21 Major, Prize Possession, pp. 94.

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    Locks Act changed to read that the skilled and supervisory positions were to be reserved

    for US and Panamanian citizens.24

    In the 1940s pressure began to mount on Canal authorities to eliminate the Gold and

    Silver system. In July, 1943 Mexican labor leader, Vicente Lombardo wrote a letter to

    President Roosevelt complaining of blatant racial discrimination in the Canal Zone and

    characterizing CLU-MTC as a cabal of old timers and a labor aristocracy bent on

    preserving white supremacy.25

    In May, 1944 the Panamanian delegation to the

    International Labor Organization conference embarrassed the United States by presenting

    Labor Secretary Francis Perkins with a tribute to the discrimination against non-US

    citizen employees of the Canal Company. Also, in 1943 a pamphlet calledA Forgotten

    People, detailing the plight of non-US citizen employees of the Canal Company, made

    the rounds at the Anglo-American Caribbean Commission in Washington. 26 In 1946

    Harry Truman, fearful of Communist influence in Latin America, launched an

    investigation into employment practices at the Panama Canal. To that end, he sent retired

    Brigadier General Frank McSherry to the Canal Zone. McSherry issued a blistering

    report in 1947, declaring that the personnel department was dominated by MTC/CLU and

    needed a complete overhaul. He recommended the dismantling of the Gold and Silver

    system and its replacement by a single payroll structure. Canal Zone Governor Joseph

    24The Hull letter promised Panama Canalwill maintain as its public policy the principle of equality ofopportunity and treatment, consistent with the efficient operation and maintenance of the Canalas will

    assure to Panamanian citizens employed by the Canalequality of treatment with employees who arecitizens of the United States. , quoted from Report to the Executive Council of the American Federationof Labor by the Committee Appointed to Investigate Labor Conditions in the Canal Zone, January, 1949.

    Box 7, RG98.001, George Meany Memorial Archives, Silver Spring, Maryland, (Hereafter cited asGMMA); Conniff,Black Labor on a White Canal, pp. 88.

    25 Conniff,Black Labor on a White Canal, pp. 101.

    26 Ibid, 102-107.

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    housing and educational disparities and pointed out a wide gap between amenities

    available to US employees and those available to locals.29

    Like most of the Government

    sponsored studies before it, the Labor study produced no changes in the order of

    business.30

    In 1950 the Panama Canal and the Panama Railroad were consolidated into one

    entity called the Panama Canal Company. Administrative functions were split off into

    a Canal Zone Government. Along with consolidation came belt tightening and a call

    for further silverization of the workforce. Instead of receiving appropriations from

    Congress, as had historically been the case, the Canal would have to operate entirely off

    of the revenues collected by tolls.31 In October 1950 those few non-US citizen

    employees who were paid at US rates had their 25% tropical differential cut off. In that

    same year Local 900 of the Government and Civic Employees Organizing Committee, a

    labor organization of local-rate employees, was spawned after the collapse of the more

    radical Local 713 of the United Public Workers of America. Much to the pleasure of

    Canal authorities, local-rate employees had avoided unionization after the debacle of the

    1920 strike. In the 1940s CIO organizers began busily organizing Silver roll workers.

    Because of the pressures on Canal authorities to eliminate discrimination, and

    Roosevelts general support of the rights of workers to organize, Local 713 was allowed

    to form despite the historical antipathy of the Canal organization to the unionization of

    Silver employees. The post war red scare led to a rift within Local 713 between the more

    29Report to the Executive Council of American Federation of Labor by the Committee Appointed toInvestigate Labor Conditions in the Canal Zone, January, 1949. GMMA.

    30 Major, Prize Possession, pp. 224.

    31 Ibid, pp. 225.

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    conservative elements within the union and its more radical leadership. Conservative

    leaders within Local 713 split off to create Local 900 which was quickly recognized by

    Canal authorities. Local 713 withered away shortly thereafter.

    Local 900 President Ed Gaskin immediately demanded equality for local rate

    employees, including, among other things, a single wage scale, US minimum wages for

    local rate employees, equal pay for equal work, elimination of race or national origin as

    qualification for certain positions, and elimination of racial segregation. Canal Zone

    Governor, Francis Newcomer rejected each and every demand, pointing out that the

    reorganization of the PCC/CGZ left the enterprise without the capital to pay for the

    improvements that Local 900 demanded.32 In 1955 the United States negotiated a new

    treaty with the Republic of Panama that proved disastrous for local rate employees.

    Local rate Panamanian employees wages became subject to Panamanian taxes and those

    who lived outside the Canal Zone lost the privilege to shop in Canal Zone commissaries,

    where prices were much lower than in the local Panamanian economy. In 1958 the US

    Congress created the Canal Zone Merit System, which was designed to adopt the

    principle of equal pay for equal work and to eliminate race or national origin as a factor

    in employment. The actual effect of the Canal Zone Merit System was to keep the two

    separate wage scales intact but to tack them end to end to give the semblance of a single

    wage ladder.33

    32 Conniff,Black Labor on a White Canal, pp. 112-119.

    33 Major, Prize Possession, pp. 228.

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    Another change affecting local rate employees living in the Canal Zone during the

    1950s grew out of the US Supreme Court decision in Brown v. Board of Education.34

    Schools in the Canal Zone had been segregated throughout the history of the Zone. US

    citizens attended US accredited schools staffed by US trained educators. The dependents

    of Silver employees who resided in the Canal Zone attended a separate, and decidedly

    unequal, school system, called the colored schools. Since most of the Silver employees

    who lived in the Canal Zone were of West Indian descent, the colored schools were

    taught in English. In 1954, in order to avoid integration, Canal authorities hurriedly

    changed the colored schools to Latin American schools and changed the curriculum

    and the language to more closely resemble the education provided in Panamanian

    schools. Canal Zone Governor, John Seybold announced that the purpose of the

    conversion from colored to Latin American schools was to assimilate the students

    into Panamanian, rather than American society. This, he said, was appropriate and was

    demanded by Panamanian authorities.35 Integration of schools was kicked down the

    road for another twenty years and would become one of the pressures that led to the 1976

    sickout.

    The 1960s brought some key developments that set the stage for the 1976 job action.

    In 1962 President John F. Kennedy signed Executive Order 10988, titled Employee-

    Management Cooperation in the Federal Service. The order mandated a system of union

    recognition for federal agencies, depending upon the level of union support among

    34 347 US 483 (1954).

    35 John Seybold served as Governor of the Canal Zone from May 27, 1956 to June 30, 1960, see Major,Prize Possession, pp. 382; For a complete analysis of the Canal Zone Schools and segregation, see Conniff,Black Labor on a White Canal.

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    workers in a given bargaining unit. For those units in which union support was less than

    10% the agency was required to grant only informal recognition. The agency was not

    required to consult with a union that was granted informal recognition, nor was it

    permitted to deduct union dues from members paychecks. The only status granted to a

    union under informal recognition was that it might be heard on matters relating to

    wages, hours, and working conditions. A union that had the support of 10% or more of

    the employees in a given bargaining unit was entitled to formal recognition, which

    required the agency to consult with the union over terms and conditions of employment

    and to deduct union dues from members paychecks. Formal recognition was not

    exclusive so, theoretically, there could be up to ten unions with formal recognition status

    in a given bargaining unit. The third form of recognition mandated under EO 10988 was

    exclusive recognition. Exclusive recognition was reserved for those unions that were

    supported by more than 50% of employees in a given bargaining unit. A union attaining

    the status of the exclusive representative was entitled to negotiate a collective bargaining

    agreement with the agency that covered all employees within the unit. Once exclusive

    recognition was attained by a union, all other unions within the bargaining unit would be

    relegated to informal recognition status and dues check-off would be terminated.36

    Executive Order 10988 allowed for exceptions for overseas agencies and Governor

    William Carter quickly seized on his authority to apply one of those exceptions. Carter

    refused to grant exclusive recognition to any union, instead granting only formal

    36 Acting Governor of the Canal Zone, David S. Parker to Deputy Undersecretary of the Army John M.Steadman, April 14, 1965. RG185-150, NA.

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    recognition.37 There were several reasons that Canal authorities were reluctant to grant

    exclusive recognition, key among these being that, given the nationality breakdown of the

    workforce, a union dominated by Panamanian employees would be likely to win any

    election for exclusive representation.38

    Refusal to grant exclusive recognition would

    come back to haunt Governor Harold Parfitt when lack of an identifiable representative

    frustrated his efforts to settle the 1976 sickout.

    There was another strike initiated by local rate employees in the Terminals Division

    in January 1962 when the International Longshoremans (ILA) union tried to organize the

    stevedores. ILAs objective was to get the Panama Canal Company out of the

    stevedoring business so that they could negotiate directly with the steamship companies.

    The workers returned on the fourth day of the strike after Governor Carter met with ILA

    representatives and the Second-Vice President of the Republic of Panama. The labor

    dispute did not end with the return of employees to work. ILA boycotted any cargo

    passing between Panama and US seaports on the eastern seaboard and gulf coasts of the

    United States. Midway through the year George Meany, President of the AFL-CIO,

    convinced the ILA to abandon its efforts in the Canal Zone and allow the National

    Maritime Union (NMU) to represent the local rate employees in the Terminals Division.

    Canal authorities pointed to the 1962 job action, coupled with the strikes by Silver

    employees in 1916 and 1920 to justify its fears of granting exclusive recognition to a

    union dominated by Panamanians.39

    37 William Carter served as Governor of the Canal Zone from July 1, 1960 to January 31, 1962. Major,Prize Possession, pp. 382.

    38 Parker to Steadman, Aril 14, 1965, NA.

    39 Parker to Steadman, April 14, 1965, NA. See also Connif,Black Labor on a White Canal, pp. 142.

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    In 1964 deadly riots broke out in the Canal Zone when US students at Balboa High

    School insisted on flying the United States flag at their school, an act that had been

    prohibited by an order of Governor Robert Fleming40. Fleming had designated certain

    locations (which did not include the schools) in the Canal Zone where US and

    Panamanian flags would fly side by side, pursuant to an agreement with the Republic of

    Panama. Panama had insisted that its flag fly over the Canal Zone as a symbol of its

    titular sovereignty over the Zone. Panamanian students marched on Balboa High School

    and demanded that their flag be flown over the school. A scuffle broke out and 3 days of

    rioting ensued, resulting in the deaths of 21 Panamanians and 3 Americans. The riots

    prompted a change in the relationship between Panama and the United States, causing

    President Lyndon Johnson to commit to a new round of treaty negotiations.41

    Perhaps in response to critics who claimed, in the wake of the 1964 riots, that US

    citizens in the Canal Zone lived in undue colonial luxury, Canal employees saw the first

    change in the tropical differential since the Panama Canal Act of 1914 had reduced it

    from 50% to 25%. United States Secretary of the Army, Stephen Ailes, pursuant to the

    authority granted him by Executive Order 10794 over wage and employment practices in

    the Canal Zone, promulgated a regulation designed to reduce the tropical differential to

    15% for new US citizen employees.42

    Existing US employees would see a gradual

    reduction in their 25% differential until they eventually received 15%. Married women

    whose husbands resided in the Canal Zone had their differential entirely eliminated.

    40 Robert J. Fleming served as Governor of the Canal Zone from February 1, 1962 to January 31, 1967.Major, Prize Possession, pp. 382.

    41 Knapp,Red, White and Blue Paradise, pp. 54-57 and Conniff,Black Labor on a White Canal, pp. 145.

    42 Executive Order 10794 was enacted on December 12, 1958.

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    CLU-MTC and several individual employees immediately sued to prevent

    implementation of the new regulation in the United States District Court for the District

    of the Canal Zone and were granted an injunction by US District Judge Guthrie Crowe in

    November, 1965.43

    Two years later Crowes ruling was overturned by the 5th

    Circuit

    Court of Appeals.44 The 5th Circuit declared that it was entirely within the discretion of

    the Secretary of the Army to determine whether or not to pay a tropical differential, or the

    amount of that differential, to any given employee, just so long as it was not greater than

    25%. The Secretary didnt hesitate to use that authority, and would do so repeatedly until

    faced down by employees in 1976.

    45

    Approximately140 married women sued the

    Secretary, claiming gender discrimination in the 1964 regulation, and were vindicated

    when the Justice Department declined to defend the suit.46

    The Secretary responded to

    this defeat by adjusting the tropical differential regulations in 1971 and again in 1974, on

    a gender neutral basis, in order to ensure that only one of the members of a married

    couple would receive the differential.47

    Negotiations for a new treaty proceeded quietly until 1967 when President Johnson

    announced that the outlines of a new agreement had been reached. The text of the draft

    treaty was leaked to the local newspapers and both CLU-MTC and the unions dominated

    by local rate employees (AFSCME Local 900 and NMU) raised the alarm bells. For the

    43Canal Zone Central Labor Union and Metal Trades Council v. Fleming246 F. Supp. 998 (1965).

    44Leber v. Canal Zone Central Labor Union 383 F. 2d 110 (5th Cir. 1967), cert. denied sub nom.Bramlettv. Leber, 389 U.S. 1046 (1968).

    45Hendricks v. United States, 1976 WL 4729 (Ct. Cl.).

    46Hendricks v. United States, Ct. Cl. No. 202-68.

    47Hendricks v. United States, 1976 WL 4729 (Ct. Cl.).

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    first time in the history of labor on the Panama Canal, CLU-MTC worked in cooperation

    with the local-rate unions. One detail of the treaty that particularly alarmed Local 900

    was the Panamanian proposal to apply Panamanian wage rates and labor laws. Local 900

    President Saturnin Mauge pressed Governor Walter Leber to assure that US Civil Service

    rules would remain in effect for local rate employees and that housing for those local rate

    employees residing in the Canal Zone would be secure.48 Employees were granted a

    reprieve when negotiations were suspended pending the 1968 elections in both countries.

    The suspension was extended when General Omar Torrijos overthrew the elected

    government of Panama in a coup detatin October. The election of Richard Nixon also

    delayed resumption of treaty negotiations, as he was somewhat less eager to turn over the

    Panama Canal than was President Johnson.49

    Torrijos did not like the draft treaty any more than Nixon, but liked it even less

    when Nixon backed away from some of Johnsons commitments after negotiations

    resumed in 1971. Panama broke off negotiations in 1972 and started an international

    political campaign to pressure the United States to offer more favorable terms. In March

    1973 Panama hosted a meeting of the United Nations National Security Council and

    embarrassed the United States by introducing a resolution calling on the United States to

    grant Panama true sovereignty over its territory in the Canal Zone. All nations present

    voted in favor of the resolution, forcing a US veto. Nixon, having been chastised over

    US intransigence in the treaty talks, appointed Ambassador Ellsworth Bunker to restart

    the negotiation process. Bunker quickly moved the negotiations forward, allowing Henry

    48 Walter Leber served as Governor of the Canal Zone from February 21, 1967 to February 3, 1971, seeMajor, Prize Possession, pp. 382; Conniff,Black Labor on a White Canal, pp. 148.

    49 Major, Prize Possession, pp. 340-341.

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    Kissinger to go to Panama and sign a framework agreement for a new treaty in February

    1974.50

    Kissingers visit to the Canal Zone was met with trepidation by US citizen

    employees and their families. Anti-Kissinger graffiti began to appear around the Zone.

    One anonymous spray painter painted DONT GIVE EM NOTHING, HENRY! on a

    prominent building on the Atlantic side of the Isthmus while another anonymous writer

    responded to a KISSINGER, REMEMBER VIETNAM! sign with TORRIJOS,

    REMEMBER HIROSHIMA! The New York Times quoted several US citizen residents

    of the Canal Zone: Kissinger always gives something away and with these people, the

    more you give, the more they want and I hope Kissinger doesnt give it all away

    because I want to stay here. Look at the dirt in Panama City. Theyd make the Zone

    look like the city.51

    In the meanwhile, Canal administrators commissioned Peter Pestillo, a labor

    consultant, to examine and analyze labor relations in the Canal Zone after an August

    1973 job action initiated by the Panama Canal Pilots Association. The Pilots were the

    highly skilled seamen that guided vessels through the canal. They were the aristocracy of

    the labor force. Housing in the Canal Zone was assigned based on seniority and Pilots

    insisted, due to their indispensable skills, that they be awarded an extra five years

    seniority for purposes of housing assignments. When Governor David S. Parker refused

    their demand they responded by transiting ships by the book. Parker, accepting the

    advice of his inexperienced labor relations staff, fired five of the Pilots. The remaining

    50 Ibid, pp. 341-342.

    51Canal Zone Americans Debate Change,New York Times, February 9, 1974.

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    Pilots walked off the job and were followed by a spattering of the workforce. Parker was

    ordered by Secretary of the Army Alexander to immediately do whatever it takes to get

    the Pilots back to work. Parker reinstated the Pilots and Canal operations resumed at full

    capacity.52

    In July 1974 Pestillo issued his report to Under Secretary of the Army, Victor

    Veysey. Pestillo concluded that PCC/CZG tended to ignore brewing labor issues until

    they rose to the level of a crisis. He suggested that this practice tended to make every

    labor problem a crisis because union leaders knew that that was the only way problems

    were solved.

    53

    Pestillo included some choice comments on the character of some of the

    leaders of CLU-MTC affiliated local unions. He called William Drummond, President of

    the Police Union, and Lou Fattorosi of the American Federation of Teachers, two of the

    stupidest union leaders on the Zone.54 The report was leaked to Al Graham, President of

    CLU-MTC, and made its way to the Panamanian press. Pestillos report torpedoed any

    goodwill that may have existed between CLU-MTC and Parkers administration.55

    AFSCME Local 900 President William Sinclair had been pressuring the Canal Zone

    Government to desegregate housing.56

    In response, Governor Parker formed an Ad Hoc

    Committee on Housing. In January 1975 Al Graham warned that any move on housing

    in the existing climate would exacerbate the growing fears of US citizen employees who

    52 Alfred Graham, telephone interview by author, March 16, 2006.

    53 Knapp,Red, White and Blue Paradise, pp. 86.

    54 Graham, interview, March 16, 2006.

    55Harold R. Parfitt, Labor Problems in the Canal Zone, Minutes of Meeting of Panama Canal CompanyBoard of Directors, March 4, 1976, RG185-98, NA.

    56 Graham, interview, March 16, 2006.

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    were already contending with treaty negotiations and pending wage and benefit

    reductions.57

    AFSCME Local 900 and NMU, with the support of the Panamanian Labor

    Confederation, were also pushing for leave parity between local-rate employees and US

    rate employees. US citizens, going back to the Gold roll days, had always enjoyed much

    more in the way of leave benefits than the local-rate employees and pressure was growing

    to change that. On February 10, 1975 PCC/CZG sent a letter to all Canal Zone unions to

    begin the so-called consultation process due formally recognized unions pursuant to

    Executive Order 10988 on the Companys leave parity proposal. There is a substantial

    difference between consultation and the bargaining that would be due to a formally

    recognized union. Bargaining is a give and take process while consultation has been

    described as: the employee gives and the employer takes. A CLU-MTC official

    described it as Consultationthat meant they did what they wanted and then called you

    in and told you.58 The letter set off a rift between CLU-MTC affiliated unions and local

    rate unions (AFSCME Local 900 and NMU). CLU-MTC feared that any effort to grant

    leave parity to local rate employees would come at the reduction of US rate leave

    benefits, and they were right.

    None of labor organizations found satisfaction when the Governor on March 7

    announced his decision on leave parity. The decision reduced the leave benefits for US-

    rate employees and improved benefits for the local-rates, although local-rate employees

    were not to be accorded equal benefits. Locally hired US citizens would no longer

    57Parfitt, Labor Problems, March 4, 1976, NA.

    58 Knapp,Red, White and Blue Paradise, pp. 86.

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    MG-10 and up were paid the US Wage Base. The GAO report forecast a potential

    raising of the cutoff for both non-manual and manual employees, threatening to push

    US-rate employees down into the local-rates. At this point the atmosphere [was] highly

    charged.65

    On September 19, 1975 Governor Harold Parfitt informed the unions that there was

    a budget crunch and more belt-tightening measures could be expected. On November 10

    Parfitt announced a 3-point proposal to integrate the schools and housing communities

    and to reduce by half those positions designated security positions, including police

    and firefighter posts. This would open up positions that had been reserved for US

    citizens to Panamanians. CLU-MTC immediately recognized these proposals as the

    revival of General Connors 1921 silverization plan, and the pressure cooker started

    smoking. AFSCME Area Director, Sinclaire reported strong, almost violent opposition

    from CLU-MTC.66 Of course, this proposal, once more, set the US unions and the local

    rate unions against one another.

    The unique socialist structure of the Canal Zone took these changes beyond the

    realm of a labor dispute and ignited a revolution in the community at large. Unions

    formed a coalition with the Civic Councils and named it The Ad Hoc Committee of

    Organized Labor and Civic Councils. The Ad Hoc Committee issued its manifesto in an

    open letter to US citizens in the Canal Zone:

    We Americans are slow to act, but our patience is not infinite. Yearafter year we have suffered adverse reaction: reduction in the tropicaldifferential, reduction in security positions, reduction in communityservices.There is no use in deluding ourselves. Unless we stand

    65Parfitt, Labor Problems, March 4, 1976, NA.

    66 Sinclaire to McClellan, November 12, 1975, GMMA.

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    united, we may soon have nothing worth saving. If we do not make astand on the issue that confronts us now, when shall we make a stand?Shall we wait until our leave system is further curtailed and our tropicaldifferential eliminated?....This is no time for weakness and apathy. Thetime to act is now.67

    The manifesto came with a poll attached, asking US citizens to vote on the Governors

    proposals and concluded by asking citizens to indicate the strongest action to which I

    would commit myselfin the event [our demands] are ignored.68 At the Coco Solo

    meeting where this manifesto was created, Al Graham was asked by one of the members

    of the Civic Council what if we only get back 50 responses to the poll? He replied by

    saying that they would report the result by percentages of the responses and not by the

    number, i.e., if 40 out of the 50 respondents voted against the Companys position they

    would report that 80% were opposed rather than 40 people were opposed. The woman

    who directed the question shot back Jimmy Hoffa lives! Hes standing right there at the

    podium!69 The manifesto attempted to inoculate its signatories to charges of racism by

    noting that the American Federation of Teachers had endorsed the position of the Ad Hoc

    Committee at its National Convention with no dissenting votes, despite the fact that the

    Convention was attended by hundreds of blackdelegates.70

    On February 6, 1976 Governor Parfitt announced that the 3-point proposal regarding

    schools, housing and security positions was going to be implemented despite the protests

    of the US community. Parfitt added fuel to the growing fire by informing unions that

    further changes to employment conditions could be expected in the short term. During

    67US Groups to Fight Zone Integration, Star & Herald, December 18, 1975.

    68 Ibid.

    69 Graham, interview, March 16, 2006.

    70US Group to Fight Zone Integration, Star & Herald.

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    the consultation period for the 3-point proposal, 300 employees had been laid off as

    part of the austerity measures Parfitt had announced back on September 19 of the

    previous year.71 Labor and community leaders were at the breaking point and called a

    rally on the steps of the Administration Building in Balboa for the night of February 16.

    At the rally, William Drummond of the Police Association called for a sickout. A rumor

    circulated that Secretary Victor Veysey rejected Governor Parfitts reservations about the

    changes to be announced on February 17 by saying that Canal employees were gutless

    sheep and would take whatever was coming to them.72

    The day after the rally Parfitt called employees bluff by proposing to change the

    Canal Zone Wage Base cutoff to grades NM-7 and MG-11. This meant that those white

    collar employees in grades NM-4 thru NM-6 and blue collar employees in grade MG-10

    who had been on the US Wage Base would be dropped to the Canal Zone Wage Base.

    Parfitt also proposed to eliminate the tropical differential entirely for new hires hired

    locally, regardless of their grade level.73 The Ad Hoc Committee called another rally for

    Monday February 23 to energize the community in response to the latest provocation by

    Canal authorities. The rally would be at the Balboa Stadium which, like the

    Administration Building, was located on the Pacific side of the Isthmus. Rumors of a

    strike were boiling over. With the exception of William Drummond, labor leaders called

    for calm at the rally. Drummond urged that now was the time to take a stand. It was

    decided to go over Governor Parfitts head and send a delegation to Washington.

    71Parfitt, Labor Problems, March 4, 1976, NA.

    72 Knapp,Red, White and Blue Paradise, pp. 260-261; Graham insists that Drummond concocted that quoteout of whole cloth, Graham, interview, March 16, 1976.

    73 Sinclaire to McClellan, February 17, 1976. GMMA.

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    Workers passed the hat and raised enough money to send Al Graham. Captain Coleman

    of the Masters, Mates & Pilots (Tugboat Masters), and Captain Oster of the Panama

    Canal Pilots Association volunteered to go at their own expense. A follow up rally was

    called for Sunday March 7. Rank and file employees were primed to strike but labor

    leaders knew the dangers involved in striking against the federal government and were

    more cautious.74

    All employees of the federal government sign an oath upon taking office declaring

    that they will not strike against the government. Federal law provides that:

    An individual may not accept or hold a position in the Government ofthe United Statesif heparticipates in a strike, or asserts the right tostrike, against the Government of the United States or the governmentof the District of Columbia

    75

    Union leaders knew that taking the stand that was being advocated by the more radical

    among them carried substantial risk, for not only do employees make themselves

    ineligible for continued or future employment with the federal government for striking,

    they also are ineligible if they simply declare the right to strike. In addition:

    Whoever violates the provision of 7311 of Title 5 that an individualmay not accept or hold a position in the Government of the UnitedStatesif heparticipates in a strike, or asserts the right to strike,

    against the Government of the United Statesshall be fined not more

    than $1,000 or imprisoned not more than a year and a day, or both.76

    Graham, Coleman and Oster headed for Washington where they met with US

    Representative, Leonor Sullivan, D-Mo, the leaders of their respective International

    74 Knapp,Red, White and Blue Paradise, pp. 261.

    75 5 USC 7311(3).

    76 5 USC 1918.

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    Unions and Veysey.77 Sullivan, at Grahams request, sent a telegram to the labor leaders

    back in the Zone, imploring them not to strike: Do not rock the boat by striking or

    walking off the job or by slowdowns at this critical time. We have faith in your good

    judgment. I implore you, please have faith in ours.78

    In deference to the Sullivan letter,

    the rally scheduled for March 7 was rescheduled for March 12.79

    The Friday, March 12 rally, also held at Balboa Stadium, was the largest rally yet.

    Al Graham had been personally assured by Veysey that he never called Canal workers

    gutless sheep. When his letter to that effect was read at the rally the crowd was in no

    mood to hear it. Graham urged the gathered workers to think seriously before taking any

    rash action and pointed out that George Meany would never, nor could he ever, sanction

    an illegal strike. Graham and the other union leaders were walking a fine line, as an open

    call for a strike could subject their respective unions to liability for any damages the

    Canal enterprise sustained as a result of the job action. They also ran the risk of

    personally being charged with criminal conspiracy. Oster walked the line and

    corroborated what Graham had said. Coleman edged closer to the line and called on the

    crowd to work safely. William Drummond leaped right over the line and cried out that

    the whole thing made him sick. AFGE President, ODonnell repeated, over and over

    that the workers should allow their consciences to be their guide.80

    Graham left the rally

    thinking that a strike had been averted for the time being.81

    What Graham didnt account

    77Canal Workers Call Off Rally,Houston Post, March 7, 1976; Graham, interview, March 16, 2006.

    78Canal Workers Call Off Rally.

    79 Ibid.

    80 Knapp,Red, White and Blue Paradise, pp. 261; Graham, interview, March 16, 1976.

    81 Graham, interview, March 16, 1976.

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    for was that Atlantic side employees who had attended the rally would have an hour long

    train ride back to Gatunan hour in close quarters where they could plot their next

    move. There on the train, perhaps fueled by the free flow of malt beverages, Atlantic

    employees came to a conclusionthey were sick.82

    Governor Parfitt and his staff were well aware of the brewing trouble. On March 4

    Parfitt warned the Panama Canal Company Board of Directors that the Company was

    now dealing with a strong emotional tide.It is essential that this serious situation be

    defused immediately.83 The Canal administration was hypervigilant for outward signs

    of employee unrest when reports trickled in that some employees on the graveyard shift

    immediately following the Friday night rally had called in sick. It was just a small

    number of employees on the Atlantic side of the Isthmus at Gatun Locks and the

    Cristobal Admeasurers office that had called in sick that first post-rally shift. Later that

    morning Paul Simoneau, Special Assistant to the Governor for Labor-Management

    Relations, met with Captains Dertien and Gallin, Director and Deputy Director of the

    Marine Bureau, to discuss rumors of an impending sickout. At this point the number of

    employees who had called in sick was small enough to leave room for doubt as to

    whether a sickout was actually in progress. By Sunday afternoons shift it was

    undeniable that a job action was underway. All of the Control House Operators at Gatun

    Locks were sick and the only thing that prevented a shut-down was the availability of

    management officials to operate the mechanisms of the Locks. Admeasurer operations

    82 James Murphy, telephone interview by author, March 21, 2006.

    83Parfitt, Labor Problems, March 4, 1976, NA.

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    Parfitt immediately went to work trying to stem the spread of the rebellion.

    Simoneau put in calls to the responsible union leadership, speaking with Graham,

    Oster, Coleman, IBEW Local 397 President W. Muller and IBEW Local 677 Business

    Manager Glen Heath. Parfitt had solicited the unions responses to the latest proposed

    changes when they were announced on February 17 and Simoneau wanted to speed up

    the consultation process in light of the growing strike. Graham pointed out that there

    would be no written responses to the Company/Governments position because the

    affected employees were making their position clear by their actions. At a meeting on

    Monday night, attended by the leaders of the Boilermakers, Plumbers & Pipefitters, Fire

    Fighters, Operating Engineers, Pilots, NMU, IBEW, Nurses, Police Lodge, Machinists,

    AFGE, Customs, Masters, Mates & Pilots, and Graham all of the union leaders stressed

    that the unions were not striking or actively encouraging their members to strike. They

    pointed out that employees who were not members of any of their unions were also out

    sick. Oster and Graham insisted that the only possibility they could see for ending the

    walkout was through direct negotiations with Veysey.

    In the meanwhile, there were some agreements among the leaders of the constituent

    unions that made up CLU-MTC that, in order not to alienate the public, certain

    employees or classes of employees should remain at work. Police, fire and medical

    personnel would not call in sick. Three tugboats would remain on duty in case there were

    any accidents in the canal that required their assistance. Graham had tried Sunday to talk

    apprentices out of joining the work stoppage because they were probationary employees

    and subject to termination without cause. The apprentices refused Grahams advice and

    stuck with their journeymen. He also pointed out that those employees of the Locks

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    whose only duties were to operate the locomotives that pulled ships through, could go to

    work without harming the effectiveness of the sickout because, without Tugboat Masters,

    Pilots, or Control House Operators, there would be no ships to be pulled. Another group

    of employees that Graham encouraged to remain on the job was the Teachers. The

    American Federation of Teachers Local was a particularly militant group and there was

    no way they were going to sit this job action out. 86 There were several attempts by the

    Canal Zone Government to reopen the schools but even when they could scrape together

    enough teachers to open one, they found that many parents held their children out of

    school in solidarity with the teachers

    87

    .

    The sickout continued to grow on Tuesday while Parfitt conferred with Veysey

    about the unions demand to negotiate directly with the Secretary. Veysey refused to

    come to the Isthmus, so the Governor asked for authority to settle with the workers.

    Veyseys position was that the Governor had all the flexibility heneeded to talk about

    anything. What Parfitt was looking for was not authority to talk about anything but to

    make a deal that would settle the strike. The actual authority to make decisions about pay

    and benefits rested, not with the Governor, but with the Canal Zone Personnel Policy

    Coordinating Board which was headed by the Secretary of the Army. Veysey suggested

    that the Governor might find an outside intermediary helpful and offered to contact the

    Federal Mediation and Conciliation Service (FMCS) about getting one. With the

    employees firm in their position that only a complete withdrawal of the February 17

    86 Ibid.

    87Harold R. Parfitt, Legal Aspects of the Strike by Panama Canal Company/Canal Zone GovernmentEmployees, Minutes of the Meeting of the Panama Canal Board of Directors, April 19, 1976, RG185-98,NA.

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    never been closed since the 1915 landslide and the Governor was bound to see that it

    didnt happen on his watch either. The Company claimed that twenty one ships transited

    on Monday and nineteen were scheduled for Tuesday. On a normal day thirty five to

    forty ships transited the canal. The chambers of the locks on the Panama Canal are 1,000

    feet long by 110 feet wide. With no tugboats available, transits were only possible for

    ships with a beam of seventy five feet or less, so the larger ocean-going vessels were the

    ones backed up for the news photographers to see. By Tuesday afternoon the Governor

    scaled back Canal operations, which normally run 24 hours a day, to two shifts.

    Enough teachers reported to work Wednesday to open two of the seventeen US

    schools, but overall, the strike was growing. The Governor decided to take action against

    the teachers and their union by preparing a motion for an injunction to order teachers

    back to work. He also declared that anyone who did not report to work on Thursday

    morning would be considered on unauthorized leave and would have their pay docked.

    These measures were announced during a news conference and broadcast repeatedly

    throughout the day over the Southern Command Network (SCN) TV and Radio. The

    only workers whose absence would be excused would be those with written notes from

    either of the two Company hospitals in the Zone, Gorgas and Coco Solo. Employees

    found little trouble getting these excuses, as all Canal Zone medical personnel were

    subject to the same cutbacks as the rest of the employees and, while not participating in

    the sickout, expressed their solidarity in a most helpful mannerwith sick excuses on

    demand.90

    90 Sue Stabler, e-mail to author, March 15, 2006; and Suzanne Steele, e-mail to author, March 20, 2006.

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    Veysey contacted Parfitt to tell him that he had lined up two mediators from FMCS

    who were ready to travel to the Canal Zone but wanted an invitation from both

    management and labor. Simoneau called Graham and Oster and both of them told him,

    in no uncertain terms, that they were not interested in negotiating with anyone who did

    not have the authority to rescind the February 17 proposals. Graham knew that

    negotiating with someone who did not have the power to grant the relief he sought would

    be negotiating with himself. Since he was not prepared to offer something that he could

    not delivera return to workand the mediators had no authority to order a rescission of

    the proposals, a meeting with them would be an exercise in futility. With that in mind, he

    rounded up a few Machinists and headed for a vacation to the interior of the country. In

    his absence, Jim ODonnell (AFGE Local 14) tried to take over CLU-MTC, telling

    Simoneau that he could more effectively lead the labor organization and get some

    flexibility from the workers. That did not prove to be the case and Simoneau quickly

    came to doubt that he spoke for CLU-MTC.91 Simoneau was to get more bad news by

    the end of the day when Lioeanjie informed him that NMU and the steamship companies

    that utilized the canal would issue a joint appeal to President Ford on Thursday.

    Lioeanjie also informed him that shipping companies were considering re-routing cargo

    by ground transportation to avoid the back-up at the Panama Canal.

    On Thursday March 18 Parfitt called in all of the union leaders to try the carrot and

    stick approach. He offered a proposed settlement to the sickout combined with threats of

    increasing consequences if no solution was achieved. Present were ODonnell for CLU-

    MTC, William Sinclaire, AFSCME Area Director, Saturnin Mauge for AFSCME Local

    900, Oster for the Panama Canal Pilots Association, Captain Johnson, International Vice

    91Simoneau. Labor Relations Summary, March 19, 1976, NA; and Graham, interview, March 16, 2006.

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    President for the Masters, Mates, and Pilots (tugboats), R. Lioeanjie for NMU, E. Gaskin

    for NMU, and Captain George Coleman for Masters, Mates and Pilots Local 27. Only

    one ship could be scheduled for transit that day and the backlog had grown to over 100

    ships. The Atlantic Side community was merrily pouring salt into the Governors

    wounded pride. The ostensibly sick employees were not exactly bed-ridden. They held a

    picnic right outside the gates of Gatun Locks, complete with a softball game and fun for

    the kids.92

    The picnic really pissed [management] off and Parfitt lit into the union

    leaders, emphasizing the illegality of the sickout and warning that people might be

    hurt.

    93

    He threatened legal action against both the unions and the leaders. He also laid

    down an offer. He would advocate, on behalf of the workers, to rescind the wage base

    proposal provided that the employees returned to work forthwith. He stressed that he

    could not commit the PCC/CZG to his offer because the authority was not his, but he

    stressed that he would advocate forcefully before the Canal Zone Civilian Personnel

    Policy Coordinating Board. Union leaders said they would take the proposal back to the

    workers. Upon leaving the meeting, Parfitt instructed the PCC/CZG General Counsel to

    immediately file, in the US District Court for the District of the Canal Zone, the motion

    for preliminary injunction against the American Federation of Teachers (AFT) Local 29.

    The Teachers elected to sickout another day. At the end of the day he learned that Jim

    ODonnell was not able to deliver support from CLU-MTC and his offer had been

    rejected.

    Beginning early Friday morning on March 19 Parfitt ratcheted up the pressure. US

    District Judge Guthrie F. Crowe had issued a temporary restraining order against AFT

    92 Murphy, interview, March 20, 2006.

    93 Graham, interview, March 16, 2006.

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    and Parfitt immediately moved to decertify the local union and summarily fire two of its

    officers. He then ordered the General Counsel to seek restraining orders against the

    Panama Canal Pilots Association and Master, Mates & Pilots Local 27. He planned to

    decertify those unions as soon as the temporary restraining orders were issued. He

    ordered that the same action be taken against both IBEW Locals, the Machinists, and the

    Marine Engineers Beneficial Association immediately following the issuance of

    restraining orders against the Pilots and Tugboat Masters. The intended effect was to

    give the unions the impression of growing pressure. Judge Crowe issued temporary

    restraining orders against the Pilots and Tugboat Masters later that afternoon and

    scheduled a hearing for a preliminary injunction on Monday March 22.94 The Defense

    Department announced that thirty five ship Pilots were being dispatched to the Canal

    Zone to transit ships if the Panama Canal Pilots Association did not return to work

    promptly. The replacement Pilots were members of the Coast Guard, Navy and Army

    Transportation Corp. This threat rang hollow to Canal Pilots who knew that taking 900

    foot long ships into the narrow Lock chambers was not a job for novices.95 More

    ominous was the purported plan to call to active duty those members of the Panama

    Canal Pilots Association who were in the Naval Reserve.96

    When Saturday morning broke union leaders were at the Rubicon. The Teachers

    were under a restraining order to return to work. Two officers had been dismissed and

    had narrowly beaten criminal contempt charges when they produced sick excuses

    94Injunction Cites Unions in Panama Canal Strike,Houston Post, March 20, 1976.

    95 Knapp,Red, White and Blue Paradise, pp. 262.

    96Parfitt, Legal Aspects of the Strike, April 19, 1976, NA.

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    Electricians and the Machinists voted to return to work. The sickout that started eight

    days before now ended.

    Anthrax was eradicated from the Canal Zone that Saturday afternoon, which is not

    to say that health was restored. While the Canal Zone Wage Base cutoff was left

    unchanged in the wake of the strike, elimination of the tropical differential to locally

    hired US citizens went forth as originally proposed on February 17. Unions gained long

    coveted collective bargaining rights but fast moving treaty developments rendered those

    rights a nullity.98 An important gain for employees was the respect--maybe even fear--

    that they earned from the Canal administration. Planned further changes in employee

    leave benefits were scrapped.99 Parfitt, with approval of the Board of Directors, ruled out

    any witch hunt to retaliate against militant employees.100

    The Company/Government

    even declined to implement a planned closing of the Ancon Laundry for fear of arousing

    renewed employee unrest.101

    Participation in the sickout was limited to US-rate employees, with only moral

    support provided by the local-rates. Ironically, Governor Chester Hardings 1920

    decision to reserve those positions necessary for the operation of the Canal to Gold roll

    employeesa decision made in order to protect against Silver roll strikes--ensured that

    US citizen employees could shut down the Canal unassisted by local-rates. Governor

    William Carters 1962 refusal to grant exclusive recognition to any Canal Zone unions

    98 Collective bargaining rights were later included in legislation implementing the Torrijos-Carter treaty in1979.

    99 Panama Canal Company Press Release, April 26, 1976, RG-185-98 NA.

    100Parfitt, Legal Aspects of the Strike, April 19, 1976, NA.

    101 Press Release, April 26, 1976, RG-185-98, NA.

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    the purpose of which was, in part, to fracture organized labor into small, controllable

    factionsleft Governor Parfitt with no corpus against which management could direct a

    conventional counter attack.102 The socialist structure of the Canal Zone--with all

    workers across the entire economy employed by a single employer-- made PCC/CZG

    particularly vulnerable to a general strike, in spite of the analogous vulnerability of

    workers, over whom the Canal Zone Government has the power to firefrom his job,

    which in addition loses him his commissary privileges, his home, and his right to enter

    any Canal Zone facility.103

    So, what was it that caused employees of the United States Government to risk their

    jobs, their homes, and even their very freedom to take a stand? It wasnt school

    integration, or the tropical differential, or the Canal Zone Wage Base cutoff. It was

    powerlessness and uncertainty. As first demonstrated in 1914 when CLU-MTC went to

    Congress to keep their rent-free housing, Canal employees always could exercise

    considerable political clout in the halls of the legislature. Powerful friends in the 1976

    Congress stood in vigorous opposition to Executive Branch efforts to negotiate a treaty

    that would relinquish US control over the Canal Zone. Many employees were convinced

    that the relentless assault on their standard of living that began to gain steam after the

    1964 riots was orchestrated by the State Department to force US citizens out of the Canal

    Zone and out of the way of treaty negotiations.104

    One need only look to the manifesto of

    102Parfitt, Legal Aspects of the Strike, April 19, 1976, NA.

    103 Major, Prize Possession, pp. 216.

    104Panama Canal Co. Goes to Court to Get Schools, Waterway Open,Miami Herald, March 19, 1976.

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    the Ad Hoc Committee of Organized Labor and Civic Councils to see that, for Zonians,

    Thetime to act [was] now!105

    The American labor movement has often found itself in a position analogous to that

    of Panama Canal employees in the mid 1970s. Government has often used laws and

    injunctions to compel workers to remain on their jobs despite a collective decision to

    withhold their labor. Labors greatest victories (and defeats) have come when workers

    have defied these governmental commands. Defiance comes with great risk, as American

    history is replete with examples of workers being beaten and imprisoned for having the

    audacity to exercise their fundamental right to withhold labor. Panama Canal employees

    rose up in defiance of a federal statute forbidding collective refusals to work and in doing

    so, faced down fines, imprisonment and loss of their livelihood. They join ranks with the

    courageous workers who defied criminal trespass statutes and occupied auto factories in

    the great sit down strikes of the 1930s. Defiance of the law is not always a winning

    strategy, as demonstrated most recently by the air traffic controllers, who just five years

    after the sickout, were summarily fired for doing essentially what Canal workers had

    done. There comes a time when workers have to make the hard choice between

    powerlessly accepting intolerable conditions and taking a stand that risks everything.

    Panama Canal employees took that risk and earned a respect that landed them favorable

    terms in the eventual enactment of legislation implementing the Torrijos-Carter treaty.

    Air traffic controllers took that risk and were decimated by the results. Federal

    employees today are under the relentless assault of the Bush administrations campaign to

    strip them of collective bargaining rights. While struggling with the decision as to

    105 See footnote 67.

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    whether to take a stand or come to terms with their powerlessness, the story of the

    Anthrax strike may be inspirational.

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    is very little literature on the subject of Canal labor relations. There is one book by

    Michael L. Conniff that focuses on the labor relations of employees of West Indian

    descent.107 There is also an excellent work by John Majorthat describes the structure and

    function of the Canal Zone Government.108

    For the definitive piece on life in the Canal

    Zone there is Herbert and Mary Knapps work, referenced above, and for construction of

    the Canal, the definitive work is by David McCullough. 109 It became clear, after the

    literature review, that the bulk of the information I would need to answer my question

    would be found in primary sources.

    I began my search of primary sources at the George Meany Memorial Archives

    (GMMA) in Silver Spring, Maryland. The GMMA contained a series of letters between

    William Sinclair of the American Federation of State, County and Municipal Employees

    (AFSCME) Local 900, and Andrew C. McClellan, Inter-American Representative, AFL-

    CIO, wherein Sinclair updated McClellan on the events leading up to, during, and

    following the sickout.110 Included in the correspondence was discussion of the

    substantive issues that precipitated the job action and developments that resulted from it.

    From there, I went to the National Archives in College Park, Maryland. The National

    Archives contains some 20,000 linear feet of records on the Panama Canal, from

    construction of the Canal right up until the turnover of the enterprise to the Government

    107 Michael L. Conniff,Black Labor on a White Canal: Panama, 1904-1981, (Pittsburgh, University ofPittsburgh Press, 1985).

    108

    John Major, Prize Possession: The United States and the Panama Canal, 1903-1979, (New York,Cambridge University Press, (1993).

    109 David McCullough, The Path Between the Seas: The Creation of the Panama Canal, 1870-1914, (NewYork, Simon & Shuster, 1978).

    110 William Sinclaire, AFSCME Area Director to Andrew C. McClellan, AFL-CIO Inter-AmericanRepresentative, Box 7, RG18-010, George Meany Memorial Archives, Silver Spring, Maryland (Hereaftercited as GMMA).

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    of Panama on December 31, 1999. During a one day search of the archives I was able to

    find a good number of relevant documents including, most importantly, a detailed

    account of the strike prepared for Canal Zone Governor, Harold Parfitt by Labor

    Relations Director, Paul Simoneau.111

    The Simoneau report contained the names of the key labor leaders and, with the help

    of then President of the Fire Officers Union, Roy Gelbhaus, I was able to find Alfred

    Graham, President of the Canal Zone Central Labor Union-Metal Trades Council (CLU-

    MTC). Graham has been particularly helpful in understanding the facts that led

    employees to conduct an illegal wildcat strike. Other primary witnesses have been Sue

    Stabler, a teacher in the Canal Zone Schools at the time of the events, and Jim Murphy,

    my father and a welder at Gatun Locks. Some of this work is also drawn from my own

    knowledge of the Canal Zone. Because the majority of the witnesses I have contacted

    were employed on the Atlantic end of the Canal, Atlantic side events may be

    overrepresented in this work.

    Sources

    Conniff, Michael. Black Labor on a White Canal: Panama, 1904-1981. Pittsburgh:Pittsburgh University Press, 1985.

    Egolf, Kathy. Personal e-mail communications, October 2005.

    Forbath, William. Law and the Shaping of the American Labor Movement. Cambridge,Massachusetts: Cambidge University Press, 1989.

    Franck, Harry. Zone Policeman 88. New York: The Century Co., 1913.

    Gelbhaus, Roy. Personal e-mail communications, October 2005-March 2006.

    111 Parfitt served as Governor of the Canal Zone from March 24, 1975 to October 1,1979; Paul Simoneau,Labor Relations Summary March 15-19, 1976, RG185-78, National Archives, College Park, Maryland,(Hereafter cited as NA).

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    George Meany Memorial Archives, Record Group 18-010, International AffairsDepartment, Country Files.

    Gompers, Samuel. Conditions of Life and Labor on the Panama Canal Zone. TheAmerican Federationist, 31 (1924): 209.

    Greene, Julie. Spaniards on the Silver Roll: Labor Troubles and Liminality in thePanama Canal Zone, 1904-1914. International Labor and Working ClassHistory Journal 66 (2004): 78.

    Graham, Alfred. Telephone interview, March 16, 2006.

    Houston Post, March 13,-March 22, 1976.

    Hummer, Chuck. Personal e-mail communications, December 2005-March 2006.

    Jorden, William J. Panama Odyssey. Austin: University of Texas Press, 1984.

    Knapp, Herbert and Mary. Red, White and Blue Paradise: The American Canal Zone inPanama. San Diego: Harcourt, Brace, & Jovanavich, 1984.

    Major, John. Prize Possession: The United States and the Panama Canal, 1903-1979.New York: Cambridge University Press, 1993.

    Maloney, Gerardo. El Canal de Panama y los Trabajadores Antillanos: Panama 1920:

    Cronologia de una Lucha, Biblioteca Nacional de Panama, 1988.

    McCullough, David. The Path Between the Seas: The Creation of the Panama Canal,1870-1914. New York: Simon & Shuster, 1978.

    Miami Herald, March 13-March 22, 1976.

    Murphy, James. Telephone interview, March 20, 2006.

    National Archives, Record Group 185.8 Records of the Canal Zone Government andPanama Canal Company, 1908-1984.

    New York Times, 1903-1977 (all entries under the heading Canal Zone, PanamaCanal).

    Panama Canal Spillway, January 1976-April 1976.

    Pope, James Gray. The Thirteenth Amendment Versus the Commerce Clause: Labor

    and the Shaping of American Constitutional Law, 1921-1957. Columbia LawReview 102, no.1 (2002): 1.

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    Star & Herald, January 1975-April 1976.

    Stabler, Sue. Personal e-mail communications, March 2006.

    Steele, Suzanne. Personal e-mail communications, December 2004-March 2006.