February 21, 2007

It’s time for Fair Share!
Testimony of Mark L. Smith, President,

Iowa Federation of Labor,
AFL-CIO. Feb 14, 2007. 

Iowa Legislative hearing, Des Moines

Representation of all.  By the provisions of the 1935 National Labor Relations Act and the 1974 Iowa Public Employment Relations Act, a union may file for a representation election.   If a majority of those voting vote for the union, the union is certified as the exclusive bargaining representative for all the workers in the bargaining unit.  Unions may not request a representation election for union members only. 

Further, by virtue of well established case law, unions must represent all workers in the unit whether they are members or not.

In 28 states, it is legal for unions and employers to negotiate clauses into their collective bargaining agreements that require as a condition of employment, that the worker either pay dues to the union or pay a fair share fee to the union. 

In Iowa, Chapter 731 and pertinent parts of Chapter 20 of the Iowa Code prohibit the negotiation of such clauses. 

There you have it:  In Iowa the union is the exclusive bargaining representative that must represent all workers, both members and nonmembers and is barred from any mechanism that would require non members to pay for the benefits and services that are provided for them.

House File 324 simply amends the Iowa Code
to allow the negotiation of a fair share clause that would require a non member to pay a fee.  It does not require anyone to become a union member; it does not repeal Chapter 731, the so-called Right to Work law; it does not affect any worker or employer where there is no union contract.  It does require that the union and the employer both agree before the clause can be put in the contract.

What are we to make of the claims that unions choose to represent the non-member but really don’t have to?  It is simply disingenuous.  A union could go to an employer and request bargaining for their members only.  It would be solely voluntary. If the employer chooses to end the relationship, refuses to bargain, there is no recourse for the union. It is simply ridiculous on its face.

Even “Mr. Republican ” Senator Robert Taft, co-author of the Taft Hartley Act of 1947, expressed the concern that without a union security clause, “those not in the union will get a free ride, that the union does the work, gets the wages raised, then the man who does not pay dues rides along freely without any expense to himself.”

What Taft was concerned about in 1947 has become the reality.  According to the U.S. Bureau of Labor Statistics, 38,000 workers in Iowa, who are not union members, get all the benefits of a union contract. It is patently unfair and HF 324 eliminates that unfairness.

Fair Share on the air

IFL Secretary-Treasurer Ken Sagar and retired Steelworker Wilbur Wilson debated with passion and real life experience the Fair Share bill on Iowa Public Radio Monday Feb. 19th.

  Their opponents, both voices for business in Iowa, wrapped themselves in the Flag of Freedom—the freedom of workers to not join a union or pay union dues.  Sagar responded that if they are so concerned about worker freedom, “why is there such outright opposition to workers’ efforts to form a union?” 

Wilson told stories from his own organizing campaigns that showed beyond doubt how the legal scales have viciously tipped in favor of business and against the rights of workers to
form unions.

Bills

to

Watch

HF 326  Combined Corporate Report groups of corporations engaged in a unitary business be computed on a combined return basis for corporate tax purposes if the group meets the requirements for filing a consolidated return for federal tax purposes.  IFL supports.

HF 329  Successive Injuries.  Repeals apportionment in Workers’ Compensation.  IFL supports.

HF 334  Unemployment eligibility.  Provides for an alternative base period and eliminates the requirement that the base period earnings be 125% of the highest quarter; allows unemployment benefits to be paid in cases of domestic violence.  Contains other provisions.  IFL supports.

HF 346  Cigarette tax increase.  Increases the tax on cigarettes by $1 a pack  and to 55% of the wholesale price for tobacco products.  IFL supports.

HF 347  Utility assistance.  Creates an energy utility assessment and resolution program to help prevent utility disconnections.  IFL supports.

HF 359  Public Construction bids.  Requires that a bidder’s experience, qualifications and record reliability be considered in determining the lowest responsibility bidder for projects over $100,000 and excludes considering certain criteria, including whether the bidder’s employees belong to a union; prohibits requiring the bidder to hire from a specific source or from requiring that the employer offer retirement or health benefits.  IFL opposes.

HF 360  Historic preservation credits.  Increases the amount of tax credits to $20 million per year.  IFL opposes.

HF 367  Wage claims.  Allows overdraft charges to be the basis for a wage claim if the employer is liable for the charges due to failure to credit the employee’s account with direct deposit wages by the regular payday.  IFL supports.

HF 369  Elevator laws.  Gives elevator law priority over conflicting provisions in the building codes of the state or any subdivision.  IFL supports.

HF 373  Access to employee files.  Allows former employees and current and former employees’ legal counsel to have access to an employee’s personnel file with an employer.  IFL supports.

HF 383  Workers’ comp interest.  Allows interest on overdue workers’ comp benefits to accrue at the same rate as for court judgments rather that 10%.  IFL opposes.

HF 399  Voter registration.  Allows election day registration.  IFL supports.

HF 405  English only.  Eliminates the exception to the English Only Law for drivers’ license stations.  IFL opposes.

HF 410  Sales tax on light bulbs.  Eliminates sales tax on light bulbs used in poultry operations.  IFL opposes.

HSB 176  Payroll dues deductions.  Authorizes payroll deductions for union dues for employees receiving payment from the State, and specifically including providers of services under a home and community-based services waiver, and child care providers.  IFL supports.

HSB 177  Fire sprinklers.  Requires fire sprinkler installer and maintenance workers to be licensed.  IFL supports.

HSB 178  Paper voting trail.  Requires voting machines that are direct electronic devices to be capable of capturing an image of the ballot, be capable of producing paper ballots that can be reviewed by the voter.  IFL supports.

HSB 192  Workers’ comp treatments.  Gives an injured employee the right to choose the provider of medical services at the employer’s expense.  IFL supports.

SF 162  Stem cell research.  Creates the Iowa Stem Cell Research and Cures Initiative.  IFL supports.

SF 179  Health Care tax credit.  Provides for a tax credit for small businesses that provide health care or contribute to Health Savings Accounts for their employees.  IFL opposes.

SF 181  Inheritance tax.  Repeals state inheritance tax.  IFL opposes.

SF 182  Comparable worth.  Provides that an employer shall not discriminate in compensation between jobs predominantly held by men or women.  IFL supports.

SF 189 College tuition.  Creates a college costs predictability program and allows children of alumni to be considered residents of the state for college tuition purposes.  IFL opposes.

SF 190  Child Care registration.  Requires child care providers to be registered to receive state subsidy payments.  IFL supports.

SF 193  Wellness incentives.  Allows a small employer to be eligible for premium credits or discounts for employees who voluntarily participate in wellness or disease management programs.  IFL supports.

SF 196  Fuel efficiency.  Provides a tax refund for the purchase of certain fuel-efficient motor vehicles and makes an appropriation.  IFL opposes.

SSB 1198  Fire Sprinklers.  Requires fire sprinkler installers and maintenance workers to be licensed.  IFL supports.

SSB 1200  Workers’ Comp Actions.  Defines gross negligence as an act or omission that demonstrates a substantial lack of concern that the injury will result in terms of determining whether Workers’ Comp is the exclusive remedy.  IFL supports.

SSB 1201  Worker Injuries.  Requires a scheduled injury resulting in permanent partial disability that results in a reduction in earning capacity greater than the weeks compensated in the schedule for that injury to be compensated in the same way as an unscheduled injury that results in permanent partial disability.  IFL supports.

SSB 1202  Workers’ Comp Benefit Claims.  Allows an original proceeding for workers’ comp benefits to be brought within two years of the discovery of the injury or  the last date of exposure to the work activity and within 10 years from the date of the last payment of benefits.  IFL supports.

SSB 1204  Earning Capacity Factors.  States that a factor which could have been considered in the reduction in the employee’s earning capacity and that existed or was known about by the parties at the time of a prior award or agreement for settlement does not bar a proceeding to reopen such award or agreement unless the factor was considered and properly reflected in the amount of compensation paid.  IFL supports.

SSB 1214  Peace Officers’ Bill of Rights.  Outlines certain rights of peace officers and public safety and emergency personnel.  IFL supports.

SSB 1229  Same Day Registration.  Authorizes an eligible elector to register and vote at the polling place on election day.  IFL supports.

SSB 1242  Combined Corporate Reporting.  Requires that the net income of affiliated groups of corporations engaged in a unitary business be computed on a combined return basis for corporate tax purposes if the group meets the requirements for filing a consolidated return for federal tax purposes.  IFL supports.

è Freedom of Choice in Workers’ Compensation.   Unions have been seeking this important reform for years.  It would allow the worker rather than the employer to choose the employee’s work comp health care provider.  Worker healing and treatment is best done by a provider who is concerned solely with the worker, not by providers who care mainly about the insurance company’s bottom line.  Some observers have pointed out that people who oppose this needed change also opposed the Clinton health care plan because that plan would have “deprived patients of a choice of physician.” 

è   Election Day Registration is a key element of safe open elections.  In 2000, an MIT/CalTech study estimated that 3 million voters were disenfranchised because of registration problems. Registration problems appear to have been the most frequently encountered problem in 2004 – phone hotlines registered thousands of calls about registration problems.   Election Day Registration and uniform and fair ID requirements are two of most important safeguards to democracy. www.commoncause.org

December 9, 2006, 12:30 p.m.

North Central Federation of Labor, AFL-CIO

Marvin Gardens

809 Central Avenue Fort Dodge

December 9, 2006, 5:00 p.m.

North Iowa Nine Labor Council, AFL-CIO

Hanford Inn

3041 - 4th St. SW

Mason City

December 13, 2006, 5:30 p.m.

Black Hawk Union Council, AFL-CIO

Brown Bottle

209 West 5th

Waterloo

December 15, 2006, 5:30 p.m.

Hawkeye Labor Council,

AFL-CIO

Iowa City Federation of Labor, AFL-CIO

RWDSU #110 Hall

526 F Ave. NW

Cedar Rapids

December 16, 2006, 9:00 a.m.

Dubuque Federation of Labor, AFL-CIO

Labor Temple

1610 Garfield, Dubuque

December 16, 2006, 12:30 p.m.

Clinton Labor Congress,

AFL-CIO

Quad City Federation of Labor, AFL-CIO

Rusty Nail

2606 W. Locust

Davenport

December 16, 2006, 12:30 p.m.

Southwest Iowa Labor Council, AFL-CIO

Tish’s

1115 S. 35th St. Council Bluffs

December 16, 2006, 5:00 p.m.

Des Moines - Henry County Labor Council, AFL-CIO

Lee County Labor Council,

AFL-CIO

Parthenon Steakhouse

715 - 8th St.

Ft. Madison

December 16, 2006, 5:00 p.m.

Northwest Iowa Labor Council, AFL-CIO

UFCW #222

3038 S. Lakeport,

Sioux City

December 17, 2006, 12:30 p.m.

Southern Iowa Labor Council, AFL-CIO

UFCW #230 Hall

1305 E. Mary Ottumwa

December 18, 2006, 5:30 p.m.

Iowa Federation of Labor,

AFL-CIO

Machinists Hall

2000 Walker St.

Des Moines

It’s all about
freedom!

Vice-President Cheney
defends the sanctity of the ballot
(uh, say what…??)

“Our administration rejects any attempt to short-circuit the rights of workers.  We will defend their right to vote yes or no by secret ballot and their right to fair bargaining. H.R. 800 [Employee Free Choice Act] violates these principles, and if it is sent to the president he will veto the bill.” 

 (2/14/07 Speech to National Association of Manufacturers)

NOTICE

Due to the Iowa Federation of Labor, AFL-CIO Annual Legislative Conference on February 26 - 28

2/26  Lobbyist Meeting Cancelled

There will not be a  Monday Morning Lobbyist Meeting on February 26

 Meeting location  changed

February 26

Hospitality

will be held at Adventureland Inn

5:30 - 8 p.m.

Iowa Senate does what U.S. Senate failed to do

While Republican senators in Washington DC keep blocking Democrats’ attempts to vote on a resolution against the Bush “surge” in Iraq, 28 of the majority 30 Democratic Iowa senators sponsored a resolution opposing an increase in troops.  It passed by a voice vote.  Iowa joined Vermont and California as the only three states to oppose the president’s plan to escalate the war.

Health & Safety: OSHA, Ergonomics, Stress....March 30

Privacy in the Workplace & Drug Testing…….April 13

Cost $100 per program

 Courses will be held in Iowa City.  For more information, or to register,
contact the Labor Center: by phone (319) 335-4146,
by FAX (319) 335-4464

• by e-mail at  labor-center@uiowa.edu

• or visit www.continuetolearn.uiowa.edu/laborctr/