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Join us to share information about how to address bullying in the workplace. The issues we discuss include the latest examples in the media, how to confront denial about bullying, and how we organize our lobbying efforts for legislation to provide legal remedies for employers and targets. Email if you have questions or need directions: info@bullyfreeworkplace.org

I. Mission – The Mission of the California Healthy Workplace Advocates is to raise public awareness and to compel our State to correct and prevent abusive work environments through legislation.

A. Definition of “workplace bullying” - According to the Workplace Bullying and Trauma Institute workplace bullying is "repeated, health-harming mistreatment, verbal abuse, or conduct which is threatening, humiliating, intimidating, or sabotage that interferes with work or some combination of the three." Statistics show that bullying is 3 times as prevalent as illegal discrimination and at least 1,600 times as prevalent as workplace violence. Statistics also show that while only one employee in every 10,000 becomes a victim of workplace violence, one in six experiences bullying at work. Bullying is a little more common than sexual harassment but not verbal abuse which occurs more than bullying.

Unlike the more physical form of schoolyard bullying, workplace bullying often takes place within the established rules and policies of the organization and society. Such actions are not necessarily illegal and may not even be against the firm's regulations; however, the damage to the targeted employee and to workplace morale is obvious.

Particularly when perpetrated by a group, workplace bullying is sometimes known as mobbing.

B. Indiana Bullying Trial- The First U.S. "Bullying Trial," Daniel Raess v.

Joseph Doescher , was finally resolved. On April 8, 2008, the Indiana Supreme Court filed its ruling on the appeal in the March 2005 "bullying trial." The Court went to Evansville, Indiana to hold public oral arguments in Oct. 2007. The video of the arguments can be found at http://www.bullyinginstitute.org/education/indianacase.html.

By a vote of 4 to 1, the Court upheld the original trial verdict and jury award of $325,000 for the plaintiff, a targeted male nurse anesthetist who was bullied by a doctor. Dr. Gary Namie served as expert witness for this case. The appeal hinged on the term “workplace bullying.” For a press account, visit: http://www.indystar.com/apps/pbcs.dll/article?AID=/20080409/BUSINESS/804090417.

Upon an actual reading of the Indiana Supreme Court decision, from the text of the decision: The phrase "workplace bullying," like other general terms used to characterize a person's behavior, is an entirely appropriate consideration in determining the issues before the jury. As evidenced by the trial court's questions to counsel during pre-trial proceedings, workplace bullying could "be considered a form of intentional infliction of emotional distress."

Journal published an article in its February 2008 issue which featured Dr. David Yamada, the author of our Healthy Workplace Bill; Tennessee Bullybuster Joan Frye; and Dr. Gary Namie of The Workplace Bullying Institute. “Much of this percolating legislation was modeled on a draft by David Yamada, a professor at Suffolk University Law School in Boston who has been working with Namie. ‘There are some serious gaps in the law in terms of workplace bullying,’ says Yamada, who studies harassment in the workplace.”

“No Putting Up with Putdowns,” by Wendy Davis is subtitled, “As states eye workplace bullying bills, employment lawyers see flood of lawsuits.” ABAJournal.com is the Web site of the flagship magazine of the American Bar Association. The article appears in their “national pulse” section. Bullybusters, we have hit the legal Big Time! http://www.abajournal.com/magazine/no_putting_up_with_putdowns/.

Workplace Bill is active once again in NY with the bill number A10291. Republican Bob Barra's prior Assembly bill was stricken on February 14th, Valentine's Day, so that it could be replaced by Democrat Assemblyman Steve Engelbright's bill on March 17th, St. Patrick's Day. Bullybusters nationally are cheering on whichever state becomes the first. A win in any state is a win for every state. Such is the way legislation causes change in these United States…one state at a time, unless it comes from the federal government down. Employment laws seldom happen from the top down. If they did, the US would have paid sick leave and mandatory vacation like other first world nations. (50% of the workforce has none.) Unfortunately, states are left to spar among themselves, thinking they are a competing in the job market. For labor, our system of “nation states” is a loser.

psychologists reported that the emotional toll of workplace bullying is more severe than that of sexual harassment. Some experts believe that the tide of employees and bosses spreading fear and angst through words, nonverbal language, and actions has become the new sexual harassment.”

Read all about it! This Canadian study from the University of Manitoba precipitated a flood of news releases across the US and Canada. Bullybusters know that many of us are targeted with a toxic combination of workplace bullying which is peppered with sexual harassment. Or perhaps targets stood up to the sexual harassment and work abuse resulted for having dared to say no to the perpetrator. Those targets who seek legal help as a result of this deadly combination often get caught up on a merry-go-round of how to file the case: Discrimination? Sexual harassment? Worker’s compensation? Or workplace bullying which is not yet against the law and therefore not actionable. http://www.sundaypaper.com/More/Archives/tabid/98/articleType/ArticleView/articleId/2062/The-business-of-bullying.aspx

real life view of bullying, click onto CNBC and watch this two-against-one shouting match, “Dealing with Workplace Bullies.” On Tuesday, April 8^th, at 6:50 AM (yawn!) Dr. Namie stood his verbal ground with Herb Greenberg of Market Watch and CNBC’s arrogant one, Dennis Kneale. The “gentlemen” debated whether bullying tactics are good for business. But the men were not gentle and their tactics were bullying and contrary to formal debate protocol. Namie was able to land one-word retorts that were zero to the bone of the issue while both Greenberg and Kneale looked like squawking jerks. Or perhaps like the schoolyard bullies of yore whose survival-o-the-loudest techniques wear thin on viewers’ nerves. Judge for yourself:

G. Not just the playground – The good folks in the middle of America are

finally getting it. Bullying is not just happening on the playground. It happens in the workforce. Iowa is a pretty conservative state. Perhaps they have figured out that a Healthy Workplace Bill would be a non-partisan issue that both sides of the isle can embrace as being “the right thing to do.” Check out this article in the Sioux City Journal: http://www.siouxcityjournal.com/articles/2008/04/14/news/local/d138c290d0af24108625742b000e9ff0.txt

Penn Business Journal focuses on the bottom line. Now there’s an argument even the Chamber of Commerce can’t win. “’It's a phenomenon businesses should not ignore,’ workplace observers said. The consequences of letting bullying go unabated include lost productivity and medical and mental-health problems caused by the stress of being picked on.” http://www.centralpennbusiness.com/article.asp?aID=65703

study, partly because of the Zogby poll, and partly because New York state presently has an active bill, The New York Times covered workplace bullying this month. And the article was enlightened and therefore enlightening. As usual, it was picked up by other news sources, and caused a flurry of tiny tornados this month. Bullybusters were getting heady calls from the likes of ABC’s Good Morning America, seeking targets willing to share their horrific stories. http://abcnews.go.com/Video/playerIndex?id=4562763. For the Times article that generated this media flurry, visit:

J. Canadian Study tips The Washington Post windmill – Once a story is printed “inside the beltline” of Washington DC, the federal legislators know all about it. For only the second time, The Washington Post has written about workplace bullying. “The [University of Manitoba] study was to be presented Saturday [March 5, 2008] in Washington, D.C., at the International Conference on Work, Stress and Health, co-sponsored by the American Psychological Association, the U.S. National Institute of Occupational Safety and Health, and the Society for Occupational Health Psychology.”

A. Waterboarding as motivational technique – “Employee's suit: Company used waterboarding to motivate workers.” Bullybusters have long considered torture to be the most extreme form of bullying. And our nation now recognizes waterboarding (http://en.wikipedia.org/wiki/Waterboarding) as a form of torture. But some people just don’t get it. Or maybe bullies don’t want to ‘get it’ when they can use their power to victimize others. Check out this surreal story posted at http://bullyinginstitute.org/education/bbstudies/prosperwaterbd.html.

B. Pentagon Institute: Iraq war a ‘debacle’ – “The war in Iraq has become ‘a major debacle’ and the outcome ‘is in doubt’ despite improvements in security from the buildup in U.S. forces, according to a highly critical study published [April 17, 2008] by the Pentagon's premier military educational institute. http://www.mcclatchydc.com/homepage/story/34101.html

What happens when one nation bullies another nation that poses no immediate threat to the first nation’s homeland? Answer: The longest running war in US history: four thousand Americans dead; 82,000 Iraqi civilians dead; $450 billion lost. We were supposed to be fighting “terrorism,” though declaring war on an idea is ludicrous. Instead, “…our efforts there (in Iraq) were designed to enhance U.S. national security, but they have become, at least temporarily, an incubator for terrorism and have emboldened Iran to expand its influence throughout the Middle East…” To the rest of the world, Americans are the bullies. Mission accomplished?

has finally made an appearance “inside the Beltline.” For only the second time, The Washington Post has weighed in on the problem of bullying. Albeit, the article’s focus is on schoolyard bullying laws proposed for the state of Maryland. But this is of great importance for the Healthy Workplace Bill proponents because the Post is an often-read daily paper of Washington DC politicos. And the article clearly calls bullying “a public health issue.”

“There is evolving research indicating that bullying is a potentially lethal form of abuse that affects people of all ages. It happens not only in schools but also increasingly on the Internet and via cell phones, in neighborhoods and summer camps, between siblings, as hazing among young adults, and in the adult workplace. During the past two decades, bullying has been linked to hundreds of deaths worldwide, underscoring the need to address this urgent public health issue. http://www.washingtonpost.com/wp- dyn/content/article/2008/04/18/AR2008041802324.html.

D. CHP Whistleblower case costs taxpayers $619K – Art Acevedo is now the Chief of Police in Austin, Texas. Before that, he was a whistleblower inside the California Highway Patrol. “In January, the CA State Personnel Board issued fines and a stinging rebuke to the CHP for its treatment of former Assistant Chief Art Acevedo, who had sought to expose a pension-spiking plan.”

This case is a prime example of why California whistleblower protection laws are grossly inadequate to protect individual whistleblowers and the taxpayers’ money. Acevedo was literally run out of California for doing what was right. From the way this article reads, Acevedo would be wise not to drive or ride in an automobile in this state, as he is clearly an innocent man hunted by the CHP. http://www.sacbee.com/111/story/876845.html

E. California Department of Education settles whistle-blower suit for $4.25 million – In addition to $1.2 million in legal fees, Californian’s paid this hefty settlement to a severely injured whistleblower who suffered two heart attacks as a result of ‘doing the right thing.’ James Lindberg reported to his boss, the state superintendent of schools, that funds were being misappropriated on her watch. Instead of fixing the misdeed, Delaine Eastin killed the messenger so no ill practices might be revealed. This case dates back to 1995 and shows exactly how California whistleblower protection is trivial and virtually impossible to enact on behalf of the whistleblower. Keep in mind that whistleblowers only get to keep for themselves 1/3 of the legal settlements awarded. http://www.sacbee.com/111/story/882653.html

F. Pay-bias Bill Stalls in US Senate – “Senate Republicans…blocked legislation to make it easier for women and other victims of discrimination to sue their employers over unequal pay.” In the real world, litigation drives policy. Without carrying a big stick, the bullies with the pay won’t play. http://www.washingtonpost.com/wp-dyn/content/article/2008/04/23/AR2008042301553.html

G. US Health Care Cuts Would be Devastating - Watch this one! George W. Bush is likely to face his second veto, as the Republicans and Democrats in Congress all have a heart for Americans who are both poor and sick. Would that not be the path for a Christian country? Or are we a country that bullies our own when they are down and spouts Christianity while they lie dying? http://www.nytimes.com/2008/04/24/washington/24medicaid.html?_r=1&scp=9&sq=health+care+cuts&st=nyt&oref=slogin.

B. Insurance reinstated for some; thousands more get reviews. – “The… director of the California Department of Managed Health Care, ordered immediate reinstatement of more than two dozen patients whose insurance coverage was rescinded. The health plans will be required to pay all medical claims of the patients involved.

“Also ordered [were] independent review of thousands of other "rescissions" made by the state's five largest health plans.”

Imagine finding you have breast cancer and then learning your health care was cancelled because you forgot to record that you had once taken antidepressants 20 years ago. Something like this often happens to targets of bullies who lose their jobs right on top of needing medical care for a nervous breakdown because they were targets of workplace bullying. Attaching one’s healthcare to one’s job is foolishness. http://www.sacbee.com/capolitics/story/872090.html.

C. State Senator Jeff Denham’s recall – On the surface, termed-out Democratic President Pro Temp of the California State Senate is orchestrating a recall of Republican Senator Jeff Denham because Denham voted with his own party last summer, causing the state budget to be late for 53 days. Maybe that’s the reason. But more probably, Denham’s district is most likely to elect a Democrat to replace Denham. That would make the 25 to 15 Senate a 26 to 14 Senate. Bingo! The Democratically controlled Senate would be able to override the Republican Governor’s vetoes! Of the 40 senators, 2/3’s are needed for an override. [California Constitution, Article 4, Section 10, (a)]

Just imagine the legislation this state could then pass. Universal, single-payer healthcare, for one. A Healthy Workplace Bill may be another. Read all about it. But, shhhhhhh! Don’t tell anyone. This June 3 election is exactly the timing when a minor issue such as this could go before an uninformed, uninvolved public and pass. http://www.sacbee.com/111/story/862409.html

D. Perata accused of recall illegality – Politics being what it is, cries of ‘foul play’ are emitting from California Republicans over the recall of Senator Jeff Denham mentioned above. Accusations that Democrats are not playing fairly ensue. Opponents claim that “…Perata illegally used state employees and resources in his attempt to recall Sen. Jeff Denham,…citing an e-mail and a letter as evidence.” On April 24^th, Denham filed criminal complaints against Perata with state and local prosecutors. Politics! http://www.sacbee.com/111/story/875454.html

E Arnold’s Redistricting Initiative – The Governor has put $700,000 of

his own money toward gathering enough signatures to pass a redistricting initiative in our state. Like many others, Arnold believes that our voting districts are heavily gerrymandered. He and AARP want the system changed so the districts are not deadlocked into Republican or Democrat. They are using direct mail to do this. http://www.sacbee.com/static/weblogs/capitolalertlatest/012008.html

California ballot propositions are one of the great mysteries of California. Much of the rest of the country doesn’t participate in this direct electorate process. The making of important decisions is left to most other state legislators. http://en.wikipedia.org/wiki/List_of_California_ballot_propositions.

Those with money are presently mailing legally validated petitions directly to our homes, rather than placing signature gathers in front of grocery stores. Another such direct mail effort is from the Californians for Clean and Renewable Energy who want the California Renewable Energy and Clean Alternative Fuel Act. www.GreenEnergyForCalifornia.com. If Bullybusters had the money, we could use direct mail to gather signatures to initiate a ballot proposition that would make workplace bullying against the law. Such a measure would pass by a landslide.

F. Bill comes due for tax overhaul – Dan Walters of The Sacramento Bee writes, “California's state and local tax system, especially property, sales and personal income taxes, bears no relationship to economic or social reality. It's not only riddled with special interest loopholes that cost tens of billions of dollars a year, but contributes mightily to the state's chronic budgetary woes through its volatility.” http://www.sacbee.com/111/story/861955.html.

Evidently, Arnold couldn’t fix the mess he so aggressively sought to control. These are hard times for most states. Yet, this state boasts being the 6^th largest economy in the world. Considering the hard times this state faces, one would think our legislators would be thrilled to author a Healthy Workplace Bill that would cost the state nothing…unless there are too many workplace bullies within the government’s ranks.

G. Perata and Nunez Termed Out – Senate President Pro Tempore Don Perata, (Democrat) is being termed out. He is/was considered the second most powerful person in California politics. Were it not for term limits, Perata’s power would reign on. Also termed out is Speaker of the California State Assembly, Fabian Nunez (Democrat). While not quite as powerful as Perata, Nunez is much younger. At age 42, Nunez’s close ties with Los Angeles mayor and former Assembly Speaker, Antonio Villaraigosa will likely lead to future avenues of power. http://webmail.pas.earthlink.net/wam/msg.jsp?msgid=9858&folder=INBOX&isSeen=false&x=154754928

Replacing Perata and Nunez are Senator Darrell Steinberg and Assembly Member Karen Bass, respectively. Both of these Democrats are considered by Bullybusters to be fair, honest, hardworking, and champions of the little guys. Those little guys would be “We the People.” After all, what are governments for? Should the Denham recall succeed or should Arnold’s redistricting succeed, heavens knows what sort of changes could be in store in our ever-changing Capitol. About Bass, Steinberg says, “She has immense talent and passion for good public policy. I’ m very happy to be working with her.”

Care share little in common, these two societal institutions are forced to bed together in the United States. Organized labor is gathering input, hoping to part the covers of this dysfunctional union. To participate, weigh in at:

B. AARP (March 08) 50+ voters’ most important issues – Older Americans have the highest voter turnout (60%+). And vote we will this November in the most contentious federal election of a generation. Those who are 50 years and older care about the issues in the following order, according to the American Association of Retired Persons: http://bulletin.aarp.org/yourworld/politics/articles/the_bulletin_poll.html.

C. Ask a Working Woman Survey - On May 15, Working America and the AFL-CIO will launch the Ask a Working Woman survey. Weigh in on the joys and frustrations of life on the job. When you fill out the form, you become part of the largest survey in the nation to identify the concerns of women in the workforce. The AFL-CIO shares the results with elected officials and organizations to highlight the problems and demand solutions. To participate in this year's survey, visit the Working America website at www.workingamerica.org.

F. Index Fund swindles – Bullying tactics are used to make sales as well as in the school or the workplace. Dateline NBC shows how some insurance agents can take advantage of Seniors. Click onto this ground-breaking hidden-camera investigation, and go behind the scenes to uncover the techniques used: inside sales meetings -- catch the questionable pitches; inside training sessions -- discover agents being taught to scare seniors; and, finally, inside senior's homes to reveal the tricks some agents use to puff their credentials to make a sale. http://www.msnbc.msn.com/id/24095230/.

G. How much do we tolerate discrimination (blog): ELT is the Specialist in Ethics and Legal Compliance Training. They offer on-line sexual harassment training, ethics & code of conduct training, and workplace compliance training for organizations. Here is a blog that discusses the level of tolerance we have for discrimination in our workforce, despite laws to the contrary.

J. Lateral Violence and Bullying in the Workplace – American’s nurses are stepping forward to recognize workplace bullying which has been “extensively reported and documented,” according to this report from the Center for American Nurses. Read what at least one profession is trying to do about it:

unemployment figures as high as 6.1 percent, a looming skilled-labor shortage is still with us. Baby boomers are beginning to retire in droves. What will the workplace bullies do when they don’t have a hungry bunch of boomers to kick around anymore? Beg us to come back, hoping “I’m sorry” works?

L. Union call for abusive Postal Supervisor to be removed from supervising carriers – Because “AN INJURY TO ONE IS AN INJURY TO ALL,” an informational picket line is being formed in San Francisco on Friday May 2, 2008, 4-7 PM, 16th and Bryant St, Golden Gate Branch 214, 2310 Mason St., Fourth Floor, San Francisco, CA 94133. For more information, call: 415-362-0214 or email: lvpsf@igc.org. Keep in mind that a California law against workplace bullying would not affect postal workers who are federal and not state employees. They still deserve our attention.
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M. Senate Bill 1717 - Again, Perata proposes to increase permanent disability benefits – Termed-out California Senator Don Perata is once again trying to come to the rescue of permanently injured California workers. The sweeping workers’ comp overhaul that Schwarzenegger orchestrated on his way into office has its successes for employers and its failures for employees. Employers’ premiums for WC dropped by half. But so did compensation to permanently injured workers! For example, should a California worker lose his ear, he will be compensated only $5,280. An Oregonian’s ear is worth $100,310. That’s an enormous disparity. Sure Arnold fixed the WC system in California…on the backs of our injured workers. For more details on this shameful reality, visit: http://www.sacbee.com/103/story/882578.html