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July 24, 2009


July 23: Washington is business-friendly

July 22: Bob Markholt passes away at 70

July 21: Take action on prison staffing 

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Friday, July 24, 2009 

 
AG's opposition to Worker Privacy no surprise

State Attorney General Rob McKenna's office has issued a formal opinion claiming that the Worker Privacy Act would be pre-empted by federal law. The opinion comes as no surprise to political observers, who expect the Republican attorney general to run for governor in 2012. If Washington had an attorney general who was more sympathetic to the rights of working people, he would likely produce a different opinion, as have McKenna's peers elsewhere who believe their states do have the right to protect workers' rights with such legislation.  Read more.

►  At HeraldNet.com -- AG says worker privacy bill conflicts with federal law -- Republican lawmakers got news they hope will prevent a major pro-labor bill from getting resurrected in the Legislature in 2010. Jeff Even of the Attorney General's office signed a formal opinion that concludes elements of the Worker Privacy Act are pre-empted by federal law.

 

Washington: A business-friendly state

National publications, universities and public policy groups that analyze state policies affecting business consistently rank Washington among the very best states for business. They say we have comparatively low business taxes, a lighter regulatory burden, a highly skilled and trained workforce, excellent higher education, and for those reasons and many others, our state economy outperforms those of other states. 

This is the first of a series of articles, "Outside the Echo Chamber," which aims to regain some perspective about our state's business climate and examine the successes we can build upon as business, labor and government leaders work together to maintain and increase the number of good-paying jobs in this state, particularly in the aerospace industry.  Read more.

►  At HorsesAss.org -- Washington's "terrible" business climate -- The first thing that has to happen to our discourse is that people stop equating unionization with “bad for business.” A highly trained, skilled and well compensated work force is an asset to any region. 

 

Boeing news:

►  At SPEEA.org -- Engineers at Spirit resoundingly reject company's contract offer (PDF) -- A contract offer by Spirit AeroSystems that had no guaranteed wage increases, could require four hours of unpaid overtime before receiving overtime pay and doubled medical premiums was rejected by 91% of the voting members in SPEEA's Wichita Engineering Unit. “I’m hopeful that the company will pay attention to this vote,” said Ray Goforth, SPEEA executive director. “We need a contract that rewards employees for the success they brought to Spirit since the divestiture from The Boeing Company.”

►  At HeraldNet.com -- "Heads would roll" if Qatar Air's CEO took charge at Boeing -- Qatar Airways CEO Akbar Al Baker, who has said Boeing is "run by bean counters and lawyers,"  tells reporters that Boeing had “lost its leadership” said that management should have anticipated problems with the 787. He adds, if he were Boeing CEO “a lot of heads would roll."

►  At HorsesAss.org -- Is Boeing going? -- What could possibly make more sense than starting a second assembly line at an existing Boeing facility in Everett with a highly-trained workforce that has proven track record of delivering quality product on time? And if that’s not reason enough to keep 787 assembly here in the Puget Sound region, no amount of tax or labor concessions will be enough to convince Boeing management to change its mind. 

TAKE ACTION TODAY
on health care reform!

Stand with the president!  Sign an online statement of support for President Obama's principles for real health care reform, and call on Congress to enact a plan upholding them in 2009.

Attend U.S. Rep. Adam Smith's Health Care Town Hall Meeting this Saturday, July 25 from 10 to 11:30 a.m. at the Milgard Family HOPE Center, 10402 Kline St. SW in Lakewood. Urge Rep. Smith to support health care reform passage NOW with a robust public option. RSVP via e-mail or by calling 253-593-6600.

"We Can't Afford to Wait" rally underscoring the human cost of delaying health care reform will be held Tuesday, July 28 at 11:45 a.m. at the Seattle Federal Building, 915 2nd Ave. (2nd & Marion). RSVP to Lori Province how many people you can bring.
 

Health care news:

►  At Huffington Post -- Enter Rahmbo -- White House Chief of Staff Rahm Emanuel says that the U.S. House could vote on a health care bill next week, despite disagreements with conservative Democrats. "I can tell you what I know, which is that the speaker today announced to the caucus that their intention is to go next week, and she is working toward that goal," he said. The top Obama staffer met for several hours with Blue Dogs on Thursday in a hastily-called negotiating session. White House aides were also optimistic that the talks would result in a floor vote for next week.

►  In today's NY Times -- As health bill is delayed, White House negotiates -- White House officials negotiate furiously to keep major health care legislation on track after the Senate Majority Leader Harry Reid says his chamber would not vote on a health measure until after Congress returned from its summer recess.

►  In today's NY Times -- For public, Obama didn't fill in health care blanks -- Wanting to believe the president’s assurances, many couldn’t see how his health care plan would be paid for.

►  At TheOlympian.com -- Insurance commissioner, insurers differ on "public plan" -- State insurance commissioner Mike Kreidler tells a legislative committee that he thinks a "public option" for health insurance might draw only as much as 15% of consumers. That's a lot less impact than critics of a public plan are suggesting.

►  At Huffington Post -- New rule: Not everything in America has to make a profit (by Bill Maher) -- It used to be that there were some services and institutions so vital to our nation that they were exempt from market pressures. Some things we just didn't do for money. The United States always defined capitalism, but it didn't used to define us. But now it's becoming all that we are.  Ask not what you could do for your country, ask what's in it for Blue Cross/Blue Shield. If conservatives get to call universal health care "socialized medicine," I get to call private health care "soulless vampires making money off human pain."

 

Employee Free Choice Act: 

►  At AFL-CIO Now -- Contract arbitration: Critical to workers' freedom to bargain -- One of the critical provisions of the EFCA would guarantee that workers who form a union get a fair first contract. Because right now, writes Catherine Fisk of the University of California-Irvine: “During the past decade, nearly half of all newly certified unions failed to reach a first contract within a year, and one-quarter of new unions did not have a contract after three years of bargaining.”

 

National news: 

►  In today's NY Times -- Unemployment checks for millions delayed as states struggle -- Years of state and federal neglect have hobbled the nation’s unemployment system just as a brutal recession has doubled the number of jobless Americans seeking aid. In a program that values timeliness above all else, decisions involving more than a million applicants have been slowed, and hundreds of thousands of needy people have waited months for checks. And with benefit funds at dangerous lows even before the recession began, states are taking on billions in debt, increasing the pressure to raise taxes or cut aid, just as either would inflict maximum pain. Sixteen states, with exhausted funds, are now paying benefits with borrowed cash, and their number could double by the year’s end. (But not Washington! We have one of the strongest unemployment insurance systems in the nation, which will be the subject of a forthcoming report in our "Outside the Echo Chamber" series.)

►  At AFL-CIO Now -- Minimum wage increases today -- 10 million see more pay -- Today, nearly 10 million workers in 31 states get a raise when the federal minimum wage increases by 70 cents to $7.25 an hour. AFL-CIO President John Sweeney says the raise will act as a significant economic stimulus “at a moment when it is critically needed -- one that will lift all boats so Americans and businesses can stay afloat and ride out this economic storm.”

►  In today's NY Times -- Where the jobs are (editorial) -- Today's minimum wage increase is badly needed, and wholly inadequate. With low-wage work expected to be the most plentiful in the years to come, raising the minimum wage should be a priority of the White House.

►  At AFL-CIO Now -- Ohio Chamber of Commerce kills parade because unions backed it -- In Findlay, Ohio, unions had been organizing a parade and all-day event for this Saturday to highlight American-made products and the need for U.S. trade and economic policies that reward job growth in this country. But the local Chamber of Commerce killed the parade.

 

FRIDAY, JULY 24, 2009
McKenna opposition to Worker Privacy no surprise
Other states' AGs say such legislation to legal way to protect workers' rights

By DAVID GROVES
Washington State Labor Council, AFL-CIO

At the request of two Republican state legislative leaders, State Attorney General Rob McKenna's office issued a formal opinion Wednesday claiming that a labor-backed legislative proposal called the Worker Privacy Act would be pre-empted by federal law. 

The opinion comes as no surprise to political observers, who expect the Republican attorney general to run for governor in 2012. If Washington had an attorney general who was more sympathetic to the rights of working people, he would likely produce a different opinion, as have McKenna's peers elsewhere who believe their states do have the right to protect workers' rights with such legislation.

The Worker Privacy Act, which has 47 sponsors in the House and 21 sponsors in the Senate, would allow workers in Washington state to choose whether or not to participate in employer communication on issues of individual conscience, including politics, religion, unionization, and charitable giving.   

After Democratic legislative leaders killed the WPA in this year's legislative session, Sens. Mike Hewitt (R-Walla Walla) and Janéa Holmquist (R-Moses Lake) requested the attorney general's opinion, in hopes of deterring the WPA's consideration and passage during next year's session. 

And as any good attorney knows, you don't ask a question unless you know what the answer is going to be.

Sure enough, McKenna sides with Hewitt and Holmquist and Washington's business lobbying groups by saying he believes the WPA would be successfully challenged in federal court for violating employers' free speech rights, specifically on the issue of union organizing. (It will be McKenna's job, by the way, to defend the WPA from such a legal challenge should it be passed into law.)

Other states have attorneys general and legislative legal counsel with a very different opinion:

  • This year in Oregon, a similar bill called the Worker Freedom Act (SB 519) passed the Democratic-controlled legislature and was signed into law by the governor. Business lobbying groups and Republicans in Oregon also argue that SB 519 runs afoul of federal law.  But Oregon's legislative counsel's office, which advises lawmakers, offered a differing view: "In fact, the (federal law) accords employees the right to refrain from attending union meetings about labor relations," the opinion said. "With that in mind, we believe a court is more likely to find that Senate Bill 519 is in harmony with the (federal law) than in conflict with it."
     

  • Attorney General Richard Blumenthal of Connecticut said the following before the state's Judiciary Committee: "I have reviewed the case law regarding pre-emption of state laws by the National Labor Relations Act (NLRA)... Since state laws are presumed to be constitutional, and no cases specifically pre-empt captive audience state laws, the General Assembly should not withhold approval of this proposed legislation because of pre-emption concerns... I will vigorously defend the law against any challenge based on federal pre-emption."
     

  • Fred Feinstein, who served five years as General Counsel of the National Labor Relations Board, the federal agency that enforces the law McKenna believes the WPA is in conflict with, said, "I believe a state is not pre-empted from providing protection to employees who choose not to listen to an employer's views on unionization... Protecting employees from being compelled to listen to political speech, including views about unionization, falls within the language of Garmon that permits state regulation of activity touching upon 'deeply rooted local concerns.' In my view a court asked to consider the question would hold that the legislation is not pre-empted."

The bottom line: what we have here is, literally, a difference of opinion.  One opinion sides with the privacy and free-speech rights of workers, and the other aims to protect employers' ability to force -- not communicate, but FORCE -- their opinions regarding matters of individual conscience upon their employees under threat of discipline or firing.

The Worker Privacy Act is a fair and reasonable minimum standard for protection of freedom and privacy at work, and in no way an employer "gag rule" as Republicans like McKenna and business lobbyists seek to portray it.  Under the WPA, employers would retain their freedom of speech on all issues, including those of individual conscience. The only difference is that they would not be able to require employees to participate in such meetings, or punish or fire those who opt out.

No one should be forced -- under threat of losing their family's livelihood -- to sit down and listen to someone indoctrinate them on issues that are none of their business, like how you should vote or worship. This is America. We shouldn't have to check our freedom of speech -- which necessarily includes the freedom not to listen -- at our employers' door.

McKenna's decision this week is no surprise, it's just a reminder that Washington has an attorney general who is more sympathetic to business interests than he is to the rights of working people.

  

Copyright © 2009 --  Washington State Labor Council, AFL-CIO