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The Washington State
Labor Council's
pretty-much-weekly report on the 2006 session
TUESDAY, JANUARY 24, 2006 (PDF version)
Restore freedom at work!
WSLC Legislative Conference
is THURSDAY, FEB. 16All union leaders and rank-and-file members are invited to attend the 2006 WSLC Legislative Conference Thursday, Feb. 16 at the Olympia Red Lion Hotel from 8:30 a.m. through lunch, with registration at 7:30 a.m. As always, the night before, Wednesday, Feb. 15, we'll host a Legislative Reception from 6:30 to 8:30 p.m. at the hotel. The registration fee, including materials, lunch and one admission to the reception, is $30. Download a registration form or call 206-281-8901. Please register by Friday Jan. 27 so we can make plans to accommodate every one.
The law says Americans have the freedom to decide for themselves whether they want to join a union -- without any interference, intimidation or harassment from their employer.
That's the good news.
The bad news is this law is enforced about as aggressively as the Mattress Tag-Removal Prohibition Act of 1932. A multi-billion dollar union-avoidance industry has sprouted to help companies intimidate and harass employees who support unionization, and get away with it.
State legislators will be hearing about this issue -- and have an opportunity to do something about it -- next week. Union members and other supporters of the freedom to organize unions are urged to attend the House Commerce and Labor Committee hearing on Wednesday, Feb. 1 at 8 a.m. The committee will consider HJM 4036, urging Congress to approve the Employee Free Choice Act and to oppose the National Security Personnel System, and HB 3068, the Freedom from Intimidation Act.
Of all the freedoms we hold dear in this nation -- religion, speech, assembly, Philadelphia -- the freedom to join a union is the one that today exists only in theory. Nearly all private-sector employers fight their employees’ efforts to form unions, according to a Cornell University study. A quarter of them illegally fire workers who stand up for a union. Even when workers manage to win a union, they never get a contract in one out of three cases.
It's gotten so bad that Human Rights Watch, an internationally respected organization, now lists the United States right alongside Third World dictatorships as a human rights violator: "Legal obstacles tilt the playing field so steeply against workers’ freedom of association that the United States is in violation of international human rights standards for workers."
The freedom-spreadin' party controlling the White House and Congress is not interested in this particular freedom. In fact, not only are they opposed to federal labor law reform, the Bush administration has been actively busting federal employee unions. The National Security Personnel System is its latest attempt to throw out civil service rules, in this case at the Department of Defense. (Twice, similar Bush efforts have been ruled illegal by a federal judge, but the administration continues to push NSPS.)
Democrats, for their part, are opposed to the NSPS and united in supporting federal labor law reform. In our state, both U.S. Sens. Patty Murray and Maria Cantwell, and every single Democratic member of our congressional delegation have co-sponsored the Employee Free Choice Act. It would require employers to recognize the union after a majority of workers sign cards authorizing union representation. It also would provide mediation and arbitration for first-contract disputes and establish stronger penalties for violation of the rights of workers seeking to form unions.
We strongly urge Washington legislature to weigh in on these critical issues by passing HJM 4036 sponsored by Rep. Steve Conway (D-Tacoma).
Imagine if somebody had the right to force you to sit through a lecture about their personal politics, religion or anything else that is your private business, not theirs. Well, welcome to work.
Today, it's perfectly legal for companies to force their political, religious and union-organizing lectures on employees -- and fire those who refuse to listen. These mandatory meetings are politicizing the workplace as bosses insist employees support issues that "help" the company or oppose issues it deems unacceptable. These meetings are Union Busting 101 stuff, used by fully 92 percent of employers facing organizing campaigns, according to the Cornell study.
No worker should be forced to choose between losing their job and enduring an employer's lecture that conflicts with their religious, political or union beliefs. HB 3068, the Freedom from Intimidation Act, would give employees the freedom to walk away from this indoctrination.
This bill does not limit employers' free speech. It just stops them from forcing workers to attend mandatory meetings on topics unrelated to their job performance under threat of discipline or discharge. Employers could still pass out literature and employees could still hear the bosses' views on political or religious issues at voluntary meetings. (The bill contains a common-sense exemption for organizations whose primary purpose is political or religious).
The WSLC will strongly urge passage of HB 3068 at next Wednesday's hearing. We hope to see you there.
Two-quarter UI benefits effort stayin' alive
As negotiations continue between legislative leaders, business and labor organizations on what to do about Unemployment Insurance benefits, a "title-only" bill was scheduled to be dropped today. This is a fairly common device for keeping issues alive past legislative deadlines, so that the text of the bill can be added later and voted upon, right up to the last minute. It is particularly important in a short legislative session like this year's, with the first committee cutoff date looming at the end of next week.
The WSLC is encouraged that these talks continue and is participating in efforts to identify UI premium savings for employers while aggressively advocating the restoration of two-quarter averaging in benefit calculation. Dr. Wayne Vroman, the nation's preeminent expert on state UI systems, was hired by the state to analyze our system and make recommendations for changes. He has concluded that "the highest priority should be to restore two-quarter averaging as a permanent feature."
Even the business community now acknowledges that the 2003 benefits cuts had unintended consequences and were more severe than intended for many workers. We are hopeful they will negotiate this priority recommendation in good faith in the coming weeks.
WSLC supports bargaining for child-care workers
HB 2353 and SB 6165 are the bipartisan Access to Quality Family Child Care bills granting child-care workers the right to bargain wages, working conditions, state reimbursement rates and licensing rules with the governor’s office. The bills' prime sponsors are Rep. Eric Pettigrew (D-Seattle) and Rep. Skip Priest (R-Federal Way), and Sen. Jim Hargrove (D-Hoquiam) and Sen. Joe Zarelli (R-Ridgefield).
At hearings this week and last, hundreds of child care workers organized by Service Employees International Union Local 925 descended on Olympia to support the bills. The Washington State Labor Council testified in support of collective bargaining for child-care workers, some of whom told legislators that after expenses, low state reimbursement rates leave them earning less than $3 an hour.
Protect Washington workers' FMLA rights
Both the Senate and House labor committees are poised this week to pass HB 2392 and SB 6185, the bills codifying the Family and Medical Leave Act into state statute. The federal FMLA, which covers employers with 50 or more employees, provides a total of 12 weeks of unpaid leave for birth, adoption or serious illness. Leave can be taken for the serious illness of a spouse, child or parent. The key issue in the FMLA is job security.
But the FMLA is under attack by the Bush administration. In the same way they changed overtime pay rules, the White House wants to redefine "emergencies" and make other changes that make it harder for workers to qualify for FMLA leave. By changing the rules interpreting the FMLA, they avoid having to take this unpopular, politically indefensible effort before Congress.
HB 2392 and SB 6185 would codify the existing FMLA in our state, protecting it from the Bush administration's anti-worker tampering. As originally introduced, these bills would also have expanded FMLA provisions to cover businesses with 25 or more employees, granting this important protection to some 330,000 more workers in this state. Unfortunately, it now appears that expansion will be removed. However, the state statute would expand coverage to include domestic partners.
The WSLC urges legislators to pass these bills and protect Washington workers from the continued attacks of the Bush administration.
The next edition of the pretty-much-weekly WSLC Legislative Update will be published Monday, January 30.
Some hearings next week
WEDNESDAY, Jan 25—House Economic Development (10 a.m.): HB 2611 on pesticide application notification; and HB 3051 on tax incentives for statewide job creation.
THURSDAY—House Higher Education (8 a.m.): HB 2566 authorizing job skills program grants to businesses assisting Washington manufacturers. House Commerce & Labor (1:30 p.m.): HB 3003 on DOT apprenticeship utilization and other apprenticeship and job-training bills.
PREVIOUS EDITIONS of the 2006 WSLC Legislative Update:
Jan. 20 -- Fair Share deserves a fair vote (Wal-Mart and taxpayer-funded health plans)
Jan. 13 -- Doctor's order: Keep two-quarter (UI benefits, election bills, non-discrimination)
Jan. 6 -- 2006 Working Families Agenda (a summary of WSLC legislative priorities)
Copyright © 2006 Washington State Labor Council, AFL-CIO