Hayward man awarded partner's pension benefits
Dock workers' union gains contract changes for gay and lesbian workers
By Josh Richman, Staff Writer San Mateo County Times August 23, 2007
Marvin Burrows of Hayward simply wanted what he believed his late partner of 51 years had left him, but by pursuing it, he apparently has won new rights for about 5,500 union members and retirees across Northern California.
Burrows, 71, fought for pension benefits left by his partner, Bill Swenor, since Swenor's sudden death in March 2005 at age 66. Last week, International Longshore and Warehouse Union locals 6 and 17 - based in Oakland and West Sacramento, respectively - announced they had renegotiated their contracts to grant pension benefits to domestic partners, and made the change retroactive to include Burrows.
"Our union's motto is, 'An injury to one is an injury to all,' and we definitely feel that applies in this case," ILWU spokesman John Showalter said Wednesday, adding the union was proud to have worked with the National Center for Lesbian Rights to address Burrows' case.
The San Francisco-based NCLR went to bat for Burrows in July 2005 after the Emeryville-based Industrial Employers and Distributions Association - representing more than 150 public- and private-sector employers in their labor relations - twice rejected his claims for Swenor's pension benefits, claiming federal law doesn't recognize same-sex couples as spouses.
But Showalter said Burrows' case inspired the ILWU locals to renegotiate their pact with IEDA so Burrows and others in his situation aren't left in the lurch.
"We're thrilled for Mr. Burrows
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---------------------------------------------------------------------------- ---- beyond words, we're so delighted that he finally, after two and a half years, has got the benefits he was entitled to, the respect and the recognition," NCLR Elder Law Project coordinator Joyce Pierson said Wednesday. But Pierson noted that stories like this are all too common as more and more same-sex couples who've availed themselves of state domestic partnership laws grow older. "For surviving heterosexual spouses, marriage automatically ensures access to pension and retirement benefits. We applaud the ILWU for doing the right thing. We should not forget, however, that the vast majority of same-sex partners in California still do not have this protection."
In fact, Showalter was unsure Wednesday whether other ILWU locals' contracts allow domestic partners to receive their deceased partners' pension benefits. According to its Web site, the ILWU has about 42,000 members in more than 60 local unions in California, Washington, Oregon, Alaska and Hawaii; another 3,500 members belong to the Inlandboatmen's Union of the Pacific, which constitutes the ILWU's Marine Division.
Burrows said the past two years have been hard, mostly due to the sudden loss of his lifelong love but also in surviving on his own meager $300-per-month pension and $800 per month from Social Security. He had to move out of his home of 35 years, and needed surgery which emptied his checking account, he said; only a friend's support has kept a roof over his head.
"Bill was very proud of his union and always was convinced they would do the right thing," he said, adding Swenor - who was represented by the ILWU for the 38 years in which he worked at the Owens-Illinois glass manufacturing plant in Oakland - probably wouldn't have thought it would take so long. "He would've been shocked that this happened."
The battle has prompted him to become an active volunteer with the pro-gay-marriage group Marriage Equality, he said. "I didn't want anyone else to go through what I had to go through."
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