Paycheck Fairness Act Is Critical GOP Effort To Punish Unions for Exposing Their Agenda

By Rep. William Clay (D-1st Missouri)

Once again, Republicans are trying to muzzle the legitimate voice of working men and women who, through their unions, dared to tell the truth about the Republican anti-labor agenda in Congress.

The newest Republican measure, cynically called the Worker Paycheck Fairness Act, looks to strip labor unions from exercising the powerful voice that gave Americans the minimum wage, worker safety and health protections, Social Security, overtime protections, and family and medical leave.

Even worse, the bill singles out union members for its new burdensome procedures for collecting union dues, but exempts corporate special interests, utility monopolies, and nonprofit groups, such as the National Rifle Association, the Chamber of Commerce, and the Christian Coalition, Why are the Republicans so bent on silencing unions and their members, but so emphatic about exempting powerful business interests?

In truth, this bill is the Republican party's retaliation against working families and their unions for their role in the 1996 elections. The GOP resented it when labor unions told the truth about Republican attempts to gut worker health and safety laws. The GOP resented it when unions told the truth about its opposition to the minimum wage.

And, of course, the GOP resented it when labor unions told Americans the truth about their plans to cut Medicare to pay for tax cuts for the wealthy, or about their attempt to let big corporations raid worker pensions.

It is clear Republicans want to stifle fair debate of their legislative agenda that plays so well to special interests inside the Washington Beltway, but is a public relations disaster when working families across the nation hear about it.

Republican assertions that current labor laws run roughshod over dissenting union members are not simple false, they are gross distortions. For instance, Republicans contend, falsely, that unions may force workers to pay for union political activity. No employee is required, as a condition of employment, to underwrite union political activity.

In 21 so-called "right to work" states, those who are represented by a union but chose not to join it cannot be required to pay anything to that union for the provision of that representation. Unions, however, remain obligated by law to provide fair representation for all workers, members and non-members alike.

In the remaining states, if the employer and the union agree to include an agency fee clause in the collective bargaining agreement, nonmembers may be required to pay only that portion of dues attributable to their fair share of the cost of collective bargaining representation. Unions must inform employees of the right not to pay full union dues. Unions must establish procedures to ensure that those employees who choose not to do so do not pay any part of the union dues that are not used for purposes related to the union's role as bargaining agent. And unions must provide employees with information regarding how the agency fee was determined.

Unions, by law, are democratic organizations whose officers and policies are required to be determined by the majority will of their members. Corporations, on the other hand, spend millions of shareholder dollars on political activity but are not required by law to get shareholder consent. The democratic principles embodied in our labor laws are borrowed from the democratic procedures we use and honor all across the country when we choose our city councils, mayors, school boards, and members of Congress.

By pushing their legislative scheme, the Republicans have obviously concluded that this great democratic tradition is repulsive when the representatives of working men and women advocate positions that challenge the misguided philosophy and distorted values of the Republican party.

Public opinion polls show that members like their unions speaking out on their behalf. A poll by Peter Hart Associates, taken after the 1996 elections, found that 85 percent of members supported their union's fight to increase the minimum wage and protect Medicare. They also strongly supported voter guides, voter encouragement drives, and efforts to lobby members of Congress on issues affecting working families. These are the very kinds of activities Republicans want to squelch with their proposed shutdown of union democracy.

In 1988, the Supreme Court made clear in Communication Workers of America v. Beck that no worker can be compelled to support union political activities; however, it also emphatically reaffirmed the right of union members to associate freely for the purpose of expressing their political views.

Republicans want to strip union members of these fundamental rights by mandating a burdensome process for collecting union dues. Republicans know that these procedures would be so costly and bureaucratic that few unions would be able to participate in the political process.

Recently, Republicans began touting H.R. 1625 and similar bills as campaign finance reform measures. Their advocacy in this way is a shameless diversion from the real crisis of our current campaign finance laws -- the overbearing influence of corporate special interests.

In the 1996 election cycle, corporate soft-money contributions were 17 times those of unions. Yet the Republicans propose to impose impossible burdens on unions, while leaving corporate political activities virtually unregulated.

In truth, the Republicans are using this issue as a "poison pill" to sink efforts of Sen. John McCain (R-Ariz), Sen. Russ Feingold (D-Wis), and others to impose uniform restrictions on the use of all soft money. The American public is sick and tired of such cynicism.

Over and over again, Republicans in Congress are working to cripple the influence of ordinary Americans and to smear the reputation of labor unions. We saw this when they tried and failed to repeal the Davis-Bacon Act. We saw this when they opposed increasing the minimum wage. We saw this when they sought to legalize company unions and weaken overtime pay protections.

With this new bill, Republicans have made one more shameful attack on working families, while leaving unchecked the growing influence of fat-cat contributors, corporate special interests, and right-wing advocacy groups.

Reprinted from Roll Call.

Union Labor Means a Strong Middle Class

By Senator Tom Harkin (D-Iowa)

Right now, America's economy is booming. The federal budget is balanced. In fact, Congress is faced with a budget surplus for the first time in a long time. The stock market continues to soar, and many people are becoming wealthy in these good times.

And I have often said, there is nothing wrong with making money in America, there's nothing wrong with having a better home, a nicer car and a better life.

That's an important part of the American Dream.

But I believe that when you make it to the top or I make it to the top, one of our primary responsibilities is to make sure we leave the ladder down for others to climb, too.

In the middle of such great economic times, the gap between real income levels of rich and poor people has grown dramatically. That doesn't make sense. Some top executives are pulling in big bonuses even as their workers are being fired. Clearly, some people are pulling up the ladder behind them, because not everyone is benefitting from our current economic expansion.

Now mind you, I didn't say that opportunity should be an escalator. There shouldn't be a free ride. With a ladder you still have to exert energy and effort and responsibility to get to the top. But the structure, the ladder, has to be there.

Our labor laws are part of that structure. There are many issues currently in Congress that are of interest to organized labor and you need to make your views known if you want Congress to pass laws that uphold your values and protect your livelihoods and your families. Values like opportunity, dignity and respect. Values like responsibility and providing workers with a living wage, safety on the job, quality health care and security in retirement.

Let's look at the issues. Senate Bill 1423 is supposed to be a bill to reform OSHA, but that bill will really disable OSHA's ability to keep you safe. S. 1423 could exempt up to 87 percent of employers from regular inspections. That means 68 percent of all workers, some 66.6 million Americans, might face less protection while at work.

This bill also strips workers of the fundamental right to have OSHA inspect serious workplace hazards and weakens OSHA enforcement by giving OSHA the discretion to issue warnings in lieu of citations even for serious violations.

Don't get me wrong. OSHA could stand some reforming. We just need to be sure that we do it in a way that protects American workers instead of placing them in jeopardy. OSHA is a vital rung on the ladder of opportunity, so we need to strengthen that rung, not tear it out.

Without OSHA, we risk returning to the days when going to work could be hazardous to your health. Indeed, going to work is still hazardous for many Americans as our nation records thousands of occupational deaths, injuries and illnesses each year.

Having a safe workplace is important but it doesn't mean much if you are physically safe at work but financially on the brink at home. We are working on several fronts to keep American workers on secure financial footing.

First, having equal pay for equal work will free working women from some of the stresses that come when "there's too much month at the end of the money." Women earn only about three-fourths of what a man would earn in a comparable position. That means less economic security for families and children and less income to spend on housing, health care, clothing and food.

How can a working woman reasonably expect to climb the ladder of opportunity under such conditions? Our proposals to address this inequality allow for differences in education, experience and productivity.

They also prohibit business from lowering men's pay to achieve equity. All workers benefit when such common sense approaches are undertaken and businesses benefit by being able to maintain high standards and highly skilled workers.

Second, workers need some sense of job security when tending to family matters. The Family Medical Leave Act (FMLA) allows employees in companies with 50 or more employees to take up to 12 weeks of unpaid leave to care for a newborn or newly adopted child or to be with a family member who is seriously ill without fear of losing their job.

Almost 90 percent of the businesses covered by the law have found that family leave is easy to administer and costs them little or nothing. Today, almost half of all American workers share this important benefit, giving them the opportunity to continue up the ladder of opportunity.

However, half of all American workers do not have this opportunity. That's why we all need to work to lower FMLA's threshold to businesses with 25 employees or more and expand family leave to cover children's doctor visits and parent-teacher conferences so that many more Americans will be able to fulfill their responsibilities to their families and their workplaces. This issue provides organized labor with the chance to strengthen the ladder for as many workers as possible.

There will be no chance for labor to act on behalf of its members if some in Congress have their way. I'm talking, of course, of so-called "paycheck protection."

American Federation of State, County and Municipal Employees President Gerald McEntee recently noted in this same forum that the various forms of this legislation "share the common characteristic of barring unions from using members' dues on lobbying, political education (including distribution of voter guides) and even participating in the formulation of government policies which directly impact on our members' lives."

Talk about pulling the ladder up behind you.

For me it boils down to this: when organized labor is strong, the middle class is strong. And when the middle class is strong, America is strong. Labor unions have always been a strong voice for their members. All of you have to work together to ensure that unions are able to continue in that role and that no one removes the rungs from anyone else's ladder of opportunity.

Reprinted from AIL Letter May 1998.

U.S. Workers Deserve Labor Law Reform

By Senator Paul Wellstone (D-Minnesota)

Men and women in unions across the country are fighting and organizing with a new energy to improve the lives of American working families through workplace and political action. We must stand with them. We must fight and organize in Washington, too. There could be no clearer signal that these efforts are succeeding than the new round of fierce attacks against unions in the current Congress.

Why do we see so many bills with Orwellian names such as the TEAM Act which has little to do with employer-employee teamwork and a lot more to do with company-dominated labor organizations? Such as the "Family Friendly Workplace Act," which really isn't family friendly, but would reduce working families' pay and undercut the 40-hour workweek? Such as the so-called SAFE Act, which doesn't promote safety but actually rolls back well-established and necessary job safety protections?

Why does the majority in Congress seem so desperate to single out unions to suppress their political activities at the same time they maneuver to kill genuine political campaign finance reform?

It is because unions are succeeding. They are coming back. Labor's resurgence is happening.

Even as unions continue to be attacked as we push for a needed increase in the federal minimum wage and reform of our health care system, I hope that you keep in mind this observation: political attacks on us by the big money special interests are not the price we pay. They are the privilege we earn.

I am impressed and inspired by the determination of General Motors workers at United Auto Workers locals in Flint, Michigan who have decided to strike over health, safety, production and subcontracting issues. I wish them and their families well. The decision to strike is never an easy one. Millions of Americans believe that what they are doing is necessary and right. Their example demonstrates yet again the importance of the right to strike, the right to organize and form a union and the need for the basic labor protections that are constantly under attack.

When organized labor fights for job security, for dignity, justice and for a fair share of America's prosperity, it is not a struggle for selfish benefit. The gains of working people on these fundamental, bread and butter issues are important for the health, safety and welfare of all American Families.

Efforts to de-fund and harass the National Labor Relations Board by the current majority in Congress and other initiatives aimed at undercutting the rights of workers to associate, organize and strike have to be stopped. But we must go further. I intend to introduce legislation during this Congress which actually would strengthen those rights under the National Labor Relations Act. I believe the next civil and human rights struggle in this country will be that of workers fighting to safeguard and to utilize their fundamental rights and I am tremendously excited by unions' dramatic, increased commitment to organizing. This is the future of labor as we enter the 21st century.

How can it be that as many as 10,000 Americans lost their jobs each year for supporting union organizing when the NLRA prohibits the firing of an employee to deny his or her right to freely organize or join a union? If more than four in 10 workers who are not currently in a union say they would join one if they had the opportunity, why aren't there more opportunities? Since we know that union workers earn up to one-third more than non-union workers and are more likely to have pensions and health benefits, why aren't more workers unionized when the new labor movement is correctly focused on organizing?

The answer to these basic questions is this: we need labor law reform. We need to improve the National Labor Relations Act.

I intend to introduce legislation this year to toughen back pay penalties for employers who discharge employees in violation of the NLRA as well as to allow an employee who has been found to have been fired in violation of the NLRA to file a civil action for punitive damages. The legislation also will make it an unfair labor practice for an employer to threaten or take action to hire a permanent replacement for an employee participating in a labor dispute. Finally, it also will look at the issue of providing unions equal time to present their case to employees who have been provided information by their employer on work premises and during working hours regarding organizing or joining a union.

I am confident that America's working families and unions are on the verge of accomplishing crucial progressive gains. Organizing will be a key to our success. Working people must be organized and involved both locally and nationally. The future will belong to those who have passion and are willing to make a personal commitment to make our country better. I believe that is the fight of today's and tomorrow's unions.

Reprinted from AIL Letter July 1998.

Labor Party First Constitutional Convention
November 13 - 15, 1998
Pittsburgh, Pennsylvania

By Robert E. Wages, President, Oil, Chemical and Atomic Workers International Union (OCAW)

In this so-called economic boom, corporate profits and productivity are up. Unemployment is at record lows. But real average weekly earnings are still 17.4 percent below what they were in 1972. Workers continue to confront the reality of down-sizing, layoffs, less health protection and more job insecurity.

The Democrats and Republicans brought us free trade (resulting in a net loss of nearly 400,000 U.S. jobs), tax breaks for the richest one percent of Americans, welfare "reform" which undermines basic labor protections and drives wages down and anti-worker, anti-union proposals such as the TEAM Act and forced comp time.

It is clear to our union that neither the Democrats nor the Republicans are prepared to take on the massive accumulation of power and wealth by corporations and other monied interests for the sake of building a better society.

Our union, along with many others, has been at the forefront of a national effort to build a labor party in the United States. It is our vision that such a political party will confront the raw power of those who control vast amounts of wealth in this country and who therefore control the political processes at the same time.

It is our vision that a labor party, one which is governed by and speaks for working men and women throughout the country, is the only way real people can gain a voice and through that voice articulate an agenda having at its core the welfare and interests of working men and women.

We recognize that building an alternate political party is a step-by-step process. Our first giant step was taken at the Labor Party's founding convention in June of 1996 in Cleveland, Ohio. Nearly 1,400 delegates from unions representing over one million members from 48 states joined together to found a Labor Party.

It was a clear message to all politicians that we in organized labor can no longer be taken for granted. We recognize that we cannot abandon our ongoing political and legislative efforts as a labor movement.

However, building a labor party simultaneously will insure ultimately a political organization capable of carrying out labor's goals.

I invite you to join with the OCAW, the United Mine Workers, the American Federation of Government Employees, the United Electrical Workers, the Brotherhood of Maintenance of Way Employes and thousands of local and regional unions across the country to participate in our first constitutional convention so that you can help shape our agenda and build the only political alternative that speaks for working people.