March 27, 2008

Collective Bargaining Bill Passes House and Senate

—-Governor Threatens Veto

After a marathon session that lasted over 12 hours, the Iowa House passed HF 2645, a bill that expands the scope of bargaining for public sector workers in Iowa.  The Iowa Senate followed suit, but not until after Republican Senators were coaxed out of a caucus that lasted over 24 hours.  Now Governor Culver is threatening to veto the bill.

Chapter 20 of the Iowa Code, also known as the “Public Employment Relations Act” established collective bargaining between Iowa’s state and local governments and their employees in 1974.  For over 30 years unions have sought improvements in the law.  This landmark legislation will finally allow public workers to negotiate beyond the limited list of “mandatory subjects.”  They will now be able to bargain over the same items as the private sector, including such things as discipline and discharge, health and safety committees, staffing, uniforms and equipment, and other terms and conditions of employment.

This “open scope” bargaining is allowed in 27 other states and has long been part of private sector bargaining law.  Thousands of workers would finally have

the dignity to bargain over issues that affect not only their wages and benefits, but also their working conditions and job security.

Governor Culver, however, said “there is a strong possibility I will veto this bill.”

A Motion to Reconsider has been filed by Senate Majority Leader Mike Gronstal to allow time to get agreement with the Governor.

What you can do:

è Contact Governor Culver and urge his approval of this historic measure.  Write him at Office of The Governor, State Capitol, Des Moines, IA 50319 or call: 515/281/5211.  Better yet, email him at contact.igov@iowa.gov

è Contact your Senator and Representative and thank them for their vote. 

è Attend any legislative forums in your area and speak up on this issue. 

House votes (“aye” = IFL position) Aye: 52; Nay: 47.

Aye:  Abdul-Samad, Bailey, Bell, Berry, Bukta, Cohoon, Dandekar, Davitt, Foege, Ford, Frevert, Gaskill, Gayman, Heddens, Hunter, Huser, Jacoby, Jochum, Kelley, Kressig, Kuhn, Lensing, Lykam, Mascher, McCarthy, Mertz, Miller, H., Murphy, Oldson, Olson, D., Olson, R., Palmer, Petersen, Quirk, Reasoner, Reichert, Schueller, Shomshor, Smith, Staed, Swaim, Taylor, D., Taylor, T., Thomas, Wendt, Wenthe, Wessel-Kroeschell, Whitaker, Whitead, Winckler, Zirkelbach, Wise.

 Nay:  Alons, Anderson, Arnold, Baudler, Boal, Chambers, Clute, De Boef, Deyoe, Dolecheck, Drake, Forristall, Gipp, Granzow, Grassley, Greiner, Heaton, Hoffman, Horbach, Huseman, Jacobs, Kaufmann, Lukan, May, Miller, L., Olson, S., Paulsen, Pettengill, Raecker, Rants, Rasmussen, Rayhons, Roberts, Sands, Schickel, Soderberg, Struyk, Tjepkes, Tomenga, Tymeson, Upmeyer, Van Engelenhoven, Van Fossen, Watts, Wiencek, Windschitl, Worthan.  

Absent or not voting, 1: Olson, T. 

Senate votes (“aye” = IFL position) Aye: 27; Nay: 23.

Aye:  Appel, Dearden, Hogg, Ragan, Beall, Dotzler, Horn, Schmitz, Black, Dvorsky, Kibbie, Schoenjahn, Bolkcom, Fraise, Kreiman, Seng, Connolly, Gronstal, McCoy, Stewart, Courtney, Hancock, Olive, Warnstadt, Danielson, Hatch, Quirmbach.

 Nay:  Angelo, Heckroth, McKinley, Ward, Behn, Houser, Mulder, Wieck, Boettger, Johnson, Noble, Wood, Gaskill, Kettering, Putney, Zaun, Hahn, Lundby, Rielly, Zieman, Hartsuch, McKibben, Seymour.  

 Absent, none.

Let Them Know you are Paying Attention:  Contact your Legislator regarding their vote on HF 2645

By e-mail:  firstname.lastname@legis.state.ia.us

By phone:  Senators: 515-281-3371  Representatives:  515-281-3221

To identify your Legislator, go to  http://www.legis.state.ia.us/FindLeg/Default.aspx

Bills

to

Watch

HF 2542 OUT OF STATE INJURIES Allows an employee to make a claim for injury suffered while working out of state if the employer has a place of business in the state or the employee is working under a contract for hire made in Iowa, and the state or county where the injury occurred has no available workers’ comp for such an injury, or the employer has a place of business in Iowa and the work for hire contract states that claims will be governed by Iowa law.  IFL supports

HF 2559 FLAG SALES  Prohibits selling U.S., Iowa or POW/MIA flags that are not made in the U.S. after July, 2009.  IFL supports

HF 2567 WORKERS’ COMP INJURIES  Allows a worker who sustains a scheduled injury that prevents return to work at substantially the same pay to be compensated more than the current schedule permits.  IFL supports

HF 2568 WORKERS’ COMP CALCULATIONS  Requires the calculation of workers’ comp benefits to include shift differential.  IFL supports

HF 2569 WORKERS’ COMP PAYMENTS  Requires an employer or insurance company paying workers’ comp benefits to file notice with the Workers’ Comp Commissioner and makes the payor liable for up to 50% of additional benefits if the payments are terminated unreasonably.  IFL supports

HF 2589 UNEMPLOYMENT REPORTING  Creates a $35 penalty for each delinquent or insufficient unemployment report from an employer and a $30 fee, plus costs, for a faulty unemployment payment to the DWD.  IFL supports

HF 2596 CIVIL SERVICE COMMISSIONS  Specifies what contracting jobs are prohibited and prohibits retaliation against employees for exercising civil service rights.  IFL supports

HF 2608 CHOICE OF DOCTOR  Allows workers to pre-designate their doctor for workplace injuries.  IFL supports

HF 2611 HEALTH CARE COVERAGE FOR SPOUSE  Allows the continuation of group health insurance for spouses of certain retired public employees.  IFL supports

HF 2629/SF 2388 PENSION EXCLUSION Excludes governmental pension or retirement pay from the individual income tax.  IFL opposes

HF 2640 COST OF LIVING  Provides for an annual cost of living adjustment for certain workers’ compensation benefits.  IFL supports

HF 2641 UNEMPLOYMENT  Makes changes to qualifications and payment of unemployment insurance benefits.  IFL supports

HF 2645 COLLECTIVE BARGAINING  Makes changes in the public employee collective bargaining law.  IFL supports

HSB 782 BANKS AND RENEWABLE ENERGY  Establishes provisions for the acquisition of equity interests in renewable energy facilities by a state bank financing such a facility and allows the bank to qualify for renewable energy tax credits.  IFL opposes

SF 2344 WORKERS’ COMP PENALTIES  Allows up to 50% of a withheld benefit to be awarded as a penalty if the denial or delay was without reasonable or probable cause.  IFL supports

SF 2345 SAFE RAILROAD WALKWAYS  Requires the DOT to adopt rules on safe walkways for railroad workers in areas where work is regularly done.  IFL supports

SF 2347 OPTICAL SCAN SYSTEMS   Requires a county to use an optical scan voting system after November 4, 2008.  IFL supports

SF 2355 ATTENDING CAUCUSES  Requires that a person get unpaid leave time to attend their political caucuses.  IFL supports

SF 2365 INTERNATIONAL TRADE RULES  Prohibits state officials from binding the state in an international trade agreement without the consent of the Legislature.  IFL supports

SF 2370 HEALTH CARE WORKFORCE  Establishes a Health Care Professional Recruitment Program and revolving fund.  IFL supports

SF 2372 GIFT CERTIFICATES  Prohibits retailers from assessing fees or other charges against a gift certificate, from putting an expiration date on a gift certificate or from imposing a condition that limits the ability of the owner to redeem the certificate for its full value.  IFL supports

SF 2373 PENSION SYSTEMS BILLS  Makes changes to the public retirement systems, including PORS, IPERS, and the statewide fire and police retirement system.  IFL supports

SF 2377 UNEMPLOYMENT BENEFITS  Authorizes benefits for workers who are in training and have exhausted their regular benefits; establishes an alternative base period; authorizes benefits for persons who are forced to leave employment due to a move by a spouse, the illness of a family member or domestic abuse.  IFL supports

SF 2390 IOWA HEALTH CARE COVERAGE   IFL supports

HF 2646 FIRE SPRINKLER LICENSING  Establishes statewide licensing of fire sprinkler installers and fire sprinkler maintenance workers.  IFL supports

HCR 107 MEATPACKERS RIGHTS  Recognizes the rights of workers in Iowa’s meatpacking industry.  IFL supports

HCR 108 U.S. BUDGET  Urges Congress to adopt a budget that meets the needs of Iowa’s children and families, restores funding for human needs, and avoids shifting the responsibility for funding of necessary human needs from the federal to the state government.  IFL supports

SF 2401 CARRY FORWARD  Limits the time a business has to carry forward unused tax credits from seven years to five years.  IFL supports

Work Comp Reforms Move Ahead 

After years of struggle to improve Iowa’s workers’ compensation system, action is moving on several fronts in the Iowa Statehouse.

· Out-of-state injuries.  House File 2542 would allow workers who are employed by a company in Iowa, but are working out-of-state, to receive  Iowa workers’ compensation.  This legislation would correct an Iowa Supreme Court case of five years ago, which denied workers their just claims for benefits in such circumstances.

· Shift differentials.  House File 2568 ends the practice of compensating injured workers for less than they are actually paid.  Currently, a worker can only receive benefits under workers' compensation at their base hourly rate excluding any "shift differential" for working the night shift.

House Files 2542 and 2568 have passed in the House and now go to the Senate for consideration. 

· Burial expenses.  Senate File 2221 has passed both the Senate and the House and been sent to the Governor.  It increases the amount allowed for burial expenses to $7500.

· Wrongly withheld benefits.  The House Labor Committee is expected to consider Senate File 2344, which imposes increased penalties for wrongly withholding benefits.

· Choice of Doctor.  House File 2608 allows a worker to pre-designate a doctor for work-related injuries.  Iowa is one of only 16 states that do not allow a worker to choose their doctor.  Opponents argue that it will raise costs.  Although Iowa currently ranks 45th in workers’ compensation premium cost, four states with lower rates than Iowa allow worker choice of doctor.

“How would choice of doctor help your employer’s bottom line?”
Union activists weigh in on the debate

· Ken Mertes, CWA 7103  “Most people have doctors, thus are familiar with the logistics of the doctor visit.  Example: parking, driving directions, public transportation, etc.   This is a big deal.  A doctor’s visit is enough trauma without the anxiety of  new logistics.”

· Shane Forbes, RWDSU 110  “Lower cost.  Would stop multiple treatments for the same injury.  Happy healthy people are more productive.  Lower grievance costs.”

· Deanna Lynn Roberts, AFSCME 2991   “Employees are more at ease with their own doctors.  Company doctors put people back to work before they are ready, resulting in longer recovery time and re-injury.”

· Doug Kingsbury, IBEW State Conference   “If the injured worker has a good relationship with his doctor he will heal quicker and be back to work sooner.”

Fair Share Facts

One More of Ten…
Good Reasons to Support
Prevailing Wage Legislation

Here’s a piece of the baloney circulating out there about Fair Share legislation...and the truth to fight back with.

Myth:  This legislation allows a union unilaterally to impose fair share.

Truth:  The legislation permits unions and management to negotiate about the inclusion of a fair share clause in their collective bargaining agreement.  It does not mandate inclusion of a fair share clause in any collective bargaining agreement.  As with any other bargaining proposal, if both the union and management agree to include a fair share clause in the contract, then it becomes operative.  A fair share clause is treated in all respects in the same way as any other mandatory subject for collective bargaining.

Reason #5:  It will keep the burden for the health & welfare of low paid workers from falling on unsuspecting taxpayers.

The proposed legislation requires contractors to provide retirement and health benefits in calculating the prevailing wage.  When employees are paid a fair wage, and they have health insurance and retirement benefits, they become productive, taxpaying citizens, and they don’t have to rely on public assistance when they or their families need medical attention.  Under today’s system, each of us who are insured subsidizes the health care for those who aren’t.

Fair contractors, who provide these benefits, are being penalized not only by having to compete against those contractors who don’t provide benefits, but also by having to pay the cost for the employees of their competition who aren’t insured.

Upcoming…

· C.O.P.E. Convention - April 12 

· District Democratic and Republican conventions -
April 26th.

· Labor 2008 Kick-Off and
Political Action Training -
May 2-3

· 2008 Iowa Community
Services Conference - May 15th and 16th

·  State Democratic and
Republican Conventions - June 14th

How they voted in 2007 on labor issues:

Hillary Clinton —  100%

John McCain —  0%

Barack Obama — 100%

Read the complete just released AFL-CIO voting record:

http://www.aflcio.org/issues/legislativealert/votes/index.cfm

Labor 2008 Kick-Off and Political Action Training

Gear up for Labor 2008 through a political action class which will help your local achieve maximum effectiveness in the fall campaign.  Topics include:

· Talking politics with your members

· Developing a member-to-member campaign

· Recruiting activist volunteers

· How to use labor’s new micro-targeting to gain strategic advantage.

May 2-3.  Machinists Hall, Des Moines. 2000 Walker St.

Contact your local union to sign up.  For more information: 

contact Betty Brim-Hunter,

515-262-9571 or 800-372-4817. 

Email: bhunter@labor2008.org