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News Briefs:  Salmon Appeal Nears | Smoking Gun | Undercovered | Trauma Examined | Holiday Closure
News: Unwritten Rules -- Guild, R-G testify before Labor Board.
Happening People: Ken Kesey.



Salmon Appeal Nears
Eight environmental and fishing groups got good news last week when Judge Michael Hogan said they could appeal his Sept. 10 decision removing federal protections for imperiled Oregon Coast coho salmon -- and, in turn, the forests that nurture them.

Hogan said the National Marine Fisheries Service could not justify its decision to list wild coho as threatened under the Endangered Species Act while leaving genetically identical hatchery fish off the list. NMFS is reviewing its 1998 listing decision, and did not appeal the ruling.

Slant

-- Redistricting of City Council wards goes before the council Monday evening, and although a public hearing on redistricting is not on the agenda, any citizen can speak on any topic during the public comment time on the agenda. Greg McLauchlan's Viewpoint this week provides an excellent overview of this complex and highly political process. The Chamber of Commerce is pushing the "Indigo D" option that would radically redraw wards 1-4, "coincidentally" the wards held by progressive councilors. "Violet A" is the more incremental option. It would keep seated councilors in their wards, but more importantly, it would maintain the relationship most residents have with the councilors they elected.

-- We reported last week that a legal battle is brewing that could delay or even kill PeaceHealth's plans to build a new hospital in north Springfield. The same could be said for the West Eugene Parkway, a seriously flawed project that faces legal quicksand in the swamps out west. But here's something new to chew on: Rumors are surfacing that McKenzie-Willamette Hospital might step in to fill the gap if and when Sacred Heart bails. Comforting thought.

-- The Friday after Thanksgiving is Buy Nothing Day worldwide, a response to the rampant consumerism that is supposedly the foundation of our economy. It's a particularly significant day since George W. is urging us to spend, spend, spend. We endorse the Buy Nothing Day concept, but we also support our local business community. The compromise? Responsible consumerism: Buy useful, sensible products and services that add beauty to the world, are non-polluting and support sustainable enterprise.

-- Just as Michael Beschloss' new book on LBJ, Reaching for Glory, underscores the historic importance of presidential records (LBJ's secretly recorded phone conversations reveal a "scared to death" president with deep doubts about our prospects of victory in Vietnam -- even as he escalated the war), President George W. Bush recently signed an executive order allowing presidential papers to remain sealed forever. Could it be that some of Reagan's papers -- due to be released soon -- might compromise W's daddy, who as Reagan's VP claimed to be "out of the loop" on Iran Contra?

-- A comprehensive study of the disputed Florida presidential election ballots is being spun by most media as old news, inconsequential and even as legitimizing the Bush administration. The truth is that if all the rejected ballots in Florida had been recounted, Gore would be our president today. We'd still face monumental challenges under Gore, but we'd find some comfort in having leadership with sophistication and integrity in foreign policy, economics and the environment. It's painful to watch Bush awkwardly "growing up" in his job while more mature politicians watch from the sidelines. As Jesse Jackson quipped when he last visited Eugene stumping for Gore: "While George W. was caught up in his youthful indiscretions, we were studying foreign policy." The best damage control we can do at this time is to demand full accountability from our government and work for a reckoning in the 2002 and 2004 elections.


SLANT includes short opinion pieces and rumor-chasing notes compiled by the EW staff. Heard any good rumors lately? Contact Ted Taylor at 484-0519, editor@eugeneweekly.com

Environmental groups, which came late to the process, argued that the government did not represent their interests -- as evidenced by the lack of appeal. Hogan on Friday said the groups had the right to appeal themselves.

Glen Spain of the Pacific Coast Federation of Fishermen's Associations said the groups on Monday asked the Ninth Circuit Court of Appeals to put the judge's earlier order on hold, reinstating protections for the coho until the appeal is heard. He said temporary protection was "highly likely," but wouldn't speculate on the outcome of the full appeal.

Since Hogan's ruling, dozens of public-lands timber sales have faced logging that had stopped to protect coho. Shannon Wilson of the Sierra Club said his documents show 30 affected timber sales on Bureau of Land Management lands, primarily in the Roseburg district. Three sales on the Coos Bay BLM district now are being logged because of Hogan's order.

Two dozen or more sales in the Umpqua National Forest also were released for logging because of the decision. That national forest last week was named one of America's 10 most endangered by the National Forest Protection Alliance, a coalition that advocates for ending commercial logging on public lands. The same report listed the Willamette National Forest as "threatened."

Wilson said the Hogan decision shows just how threatened the Umpqua is. And Wilson is organizing volunteers to search for sensitive species that could shut down logging if the coho does not.

"I do care if (Hogan's ruling) is overturned," he said, "But I'm not going to hold my breath and wait for that to happen." -- OI


Smoking Gun
You've read it before in EW, but now it's even more official: Routinely adding antibiotics to animal feed leads to resistant bacteria that can harm humans. That news, accompanied by an editorial urging that such use be banned, appeared on Oct. 18 in the prestigious New England Journal of Medicine (NEJM)

Chickens, pigs, cows and turkeys often get antibiotics when they're sick. But at least in large, non-organic commercial facilities, they also get smaller doses as a regular addition to their feed in order to help them get more nutrition out of it -- and grow faster.

There are several different estimates of how much non-therapeutic antibiotics livestock get, because manufacturers don't have to say how much they make or to whom they sell it. One estimate is that 50 percent of all antibiotics produced in the U.S. are used for animals, mostly in their feed. The Union of Concerned Scientists says animals get 2 million pounds of the drugs for therapy and 24.6 million pounds of the drugs in their feed each year. Humans, by contrast, use 3 million pounds annually.

The NEJM studies found that bacteria are getting used to the regular diet of their host critters, which is bad news for humans who rely on the drugs to keep us healthy.

One study looked at samples of ground pork, beef, turkey and chicken from supermarkets around Washington, D.C. The investigators found that 20 percent of the samples were contaminated with salmonella, and 84 percent of the salmonella was resistant to at least one antibiotic. Sixteen percent of the bacteria were resistant to the drug of choice for treating salmonella poisoning in children.

A second study found that chickens from supermarkets in four states -- including Oregon -- contained bacteria resistant to an unpronounceable but important antibiotic approved for use in humans after the study was completed.

The Animal Health Institute, a D.C.-based group that represents "companies that make medicines" for pets and farm animals, disputed the findings. According to spokesman Ron Phillips, the NEJM studies relied on outdated data that don't jibe with large, government databases. Also, he said, they overlooked "basic common sense" because "we don't eat raw ground beef."

Dr. Sherwood Gorbach of Tufts University School of Medicine, who penned the NEJM editorial calling for a halt to antibiotic use in animal feed, said the problem isn't just with the resistant bugs now hanging out at a grocery near you. When one bacterium figures out how to get past an antibiotic, it can transfer that genetic know-how to other bacteria. It's that ripple effect that's cautionary.

In his editorial, Gorbach said the three studies "along with the abundant supporting evidence provided by previous studies, represent the proverbial 'smoking gun.'" He argues that livestock growers should use antibiotics only for sick critters and shouldn't use drugs that are important for humans. -- OI


Undercovered
-- Nov. 12: A U.S. smart bomb destroyed the Kabul office of Al-Jazeera television, criticized by the U.S. for opposing U.S. bombing and airing Osama Ben Laden's speeches. Al-Jazeera called the bombing deliberate (Guardian).

-- Nov. 14: Winter snows are falling in the remote central highlands, where 40 percent of food needed for winter has been delivered and some people have been eating grass. (London Independent). The U.N. confirmed that Northern Alliance soldiers had killed at least 100 Taliban fighters, many of them foreigners, who were hiding in a school in Mazar-i-Sharif (Pakistan Daily Jang). A Northern Alliance spokesman said international peacekeeping forces in Afghanistan are unnecessary because the Northern Alliance will cover security (Guardian). Afghan women in exile warned, "So many of those now involved in ... the Northern Alliance have the blood of our beloved people on their hands... From 1992 to 1996 in particular, these forces waged a brutal war against women, using rape, torture, abduction, and forced marriage as their weapons..." (Tahmeena Faryal, Institute for Public Accuracy). "We... emphatically ask the U.N. to send its effective peace-keeping force into the country before the Northern Alliance can repeat the unforgettable crimes they committed [before]" (R.A.W.A.).

-- Nov. 15: The first barge of U.N. wheat crossed from Uzbekistan and was trucked to a refugee camp on the road to Mazar-i-Sharif. UNICEF suspended aid convoys, fearing that two of its drivers had been killed in Mazar-i-Sharif. Four other drivers and two UNICEF staff people were missing. Heavy U.S. bombing in Kandahar killed eight civilians and wounded 22, according to Afghan Islamic Press (Pakistan Daily Jang). As the Taliban retreated, various Pashtun warlords laid claim to cities and regions of southern Afghanistan. In Kabul, rival militia groups set up roadblocks, splitting the city along ethnic lines. "We are back to the civil war problem," said one source. "You drop hundreds of millions of dollars worth of bombs to bring about the re-emergence of warlordism." A Taliban official in Pakistan claimed that the Taliban had left the city "'to save the lives of the citizens of Kabul," retreating so U.S. bombing would cease.

-- Nov. 16: Ramadan began. A U.S. bomb hit a Kandahar mosque; 11 people were killed (Pakistan Daily Jang). Another mosque in the town of Khowst was hit by a stray 500-pound bomb (BBC). The U.N. World Food Program met its monthly target for the first time, carrying 52,000 tons of food into Afghanistan from Iran, Pakistan, Tadjikistan, Turkmenistan, and Uzbekistan (U.N. World Food Program.)

-- Nov. 17: Northern Alliance killed fighters they believed were linked to the Taliban. Refugees returning home to Kabul jumped out of trucks and buses to stone the bodies. Many Taliban dead were foreigners, Arabs and Pakistanis, whom Afghans regard as invaders (London Observer). From 2,000 to 20,000 Taliban fighters were besieged in Kunduz, with nowhere to escape. They were preventing residents from leaving, using them as human shields (Ima Iranian News Agency.)

-- Nov. 18: Six warlords vied for control of Jalalabad, including one commander who fought for the Taliban until last week. A spice merchant in the bazaar said, "I am sick when I see what is happening... There is no army, no government. Everyone has a Kalashnikov." "Afghanistan has run out of everything except suffering," said Amin Gul, whose son is being treated for blast wounds in the city hospital (London Observer). -- Kate Rogers Gessert


Trauma Examined
A free public forum on the response to the terrorist acts of Sept. 11 will be held in Eugene at 7 pm Tuesday, Nov. 27 at the First United Methodist Church, 15th and Olive.

Speaking on "The Trauma in New York" will be Dr. Carl Peterson, a Eugene psychologist who recently returned from counseling workers at Ground Zero.

Speaking on "The Trauma in Afghanistan" will be Zaher Wahab, professor of education at Lewis & Clark College. Wahab, a native of Afghanistan, will address the U.S. role in Afghanistan and possible resolutions to the crisis there. Wahab lost a brother under the Soviet occupation in 1979.

Other topics include "A Critique of the U.S. Response to Sept. 11" with Martin Hart-Landsberg, director of the Political Economy Program at Lewis & Clark. Hart-Landsberg, a frequent public commentator, will analyze the Bush Administration approach and what it will take to achieve international stability, justice and security.

Discussion and suggested action steps will follow the presentations. The event is sponsored by Community Alliance of Lane County (CALC) and endorsed by the Middle East Peace Group and Lane County Democratic Party. For more information, call 485-1755.


Holiday Closure
EW's offices will be closed both Thursday and Friday for the long Thanksgiving weekend. We will reopen Monday morning. Today (Wednesday) is the early deadline for Calendar and advertising for our Nov. 29 issue. Questions? Call 484-0519.

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Unwritten Rules
Guild, R-G testify before Labor Board.
By Orna Izakson

The Register-Guard and the Eugene Newspaper Guild took pieces of their ongoing battle to court last week, asking a judge to determine if the National Labor Relations Board (NLRB) was right in saying the R-G management violated the rights of the union.

The two main issues were the company's rules about dress and communications. The Guild argued that unwritten dress rules were being used unfairly -- and illegally -- to target union employees who wore union insignia at work. The Guild also argued that company rules against using e-mail for non-work purposes were being used unfairly against the union employees.

Most of the drama came on Friday, the third day of the hearing.

Michael Zinser -- a Nashville lawyer who hawks his services to newspapers with pesky unions around the country -- spent most of the morning questioning Cynthia Walden, the R-G's human resources director. Her testimony may have been most helpful to the Guild side.

Walden acknowledged that although the 1996 communications policy banned all use of company equipment -- including computers and e-mail -- for non-work purposes, that didn't mean people couldn't receive calls from their children or send out e-mails about "activities around an employee's life" such as births, weddings and deaths. She also said that employees historically have been allowed to incur long-distance telephone charges on company phones for personal calls as long as they reimburse the company.

Similarly, Walden acknowledged that the paper had no written rules prohibiting employees from wearing buttons or other insignia -- even though one employee was disciplined for wearing a union armband. She said the issue was essentially one of dress code, a matter enforced by individual managers to meet the needs of their departments. She said that employees had been asked to remove buttons about weight-loss programs or ones that read "ask me about being a grandma," but also said that a union tie-tack probably would not violate the policy.

After Walden's testimony, she, Zinser and R-G attorney Linda Kessel left the room to get the next witness. A few minutes later, the same three returned. After Kessel introduced herself to the judge, she called Zinser to testify.

In a scene reminiscent of TV courtroom drama, NLRB attorney Andrew Lang and Guild attorney Jill Wrigley objected. At the hearing's outset, the sides had agreed that none of the witnesses would be allowed to listen to any of the others, and Zinser, as lead attorney during the course of the proceedings, had obviously heard everything.

Zinser argued that he had the right to speak as long as his client was aware that he was testifying and had representation through Kessel, who attended the hearings for the first time on that last day. He said he wanted to dispel some earlier characterizations of things he had said during bargaining.

Also like TV dramas, the judge declared "this is highly unusual." He left the room for a few minutes to research the legality of the request, came back in a short temper and allowed Zinser to testify.

The issue to which Zinser spoke turned on testimony earlier in the week by Lance Robertson, the Guild's former lead bargainer. Robertson, who left the paper over the summer, testified that Zinser had commented during bargaining that employees could use company e-mail if they wanted to communicate about eliminating the union. As Kessel read from a typed list of questions, Zinser carefully denied Robertson's testimony, saying those were not his exact words.


Guild President Suzi Prozanski
said she thought the hearing went well for the union.

"Our lawyers think that our testimony has clearly shown that there was discrimination against union officers and employee communications on union matters," she said Friday afternoon.

The Guild presented "an avalanche of evidence" of non-work-related e-mails, she said, none of which drew sanctions under the company policy. The only e-mails that did draw the company's ire were four that were related to the union.

"Managers are sending out personal e-mail and have never been disciplined," she explained. "The company policy says they don't allow personal use, but they allowed it until they disagreed with what was said."

On the insignia issue, Prozanski said employees wear company logos all the time -- for instance, Nike clothing or team logos in the sports department, which could be seen to prejudice stories.

"There's insignia being worn throughout the building that's not being corrected," she said. "The insignia policy is not written, they just enforce it as they see it, like a dress code. If they don't like it, they say something, as Cynthia said."

Zinser did not return a call for comment.

Final arguments are due to the judge on Dec. 21, and a decision is expected in late February. Whatever the judge determines, an appeal is likely from the losing side.

In the nearly three years that the union has been attempting to bargain a new contract with the R-G, Guild members have filed nine complaints of unfair labor practices against the company. In eight of the nine cases, the NLRB has agreed with the Guild; in the remaining case, the Guild withdrew the complaint.

This week, the Guild filed three new complaints against the company, alleging that it made promises and subsequently took them off the bargaining table, and that in two cases it made changes to advertising employees' compensation without negotiating the changes with the union.

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Ken
Kesey

-- Photo by Paul Neevel

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