LABOR FLEXES ITS MUSCLE ON PREVAILING WAGE, CARD CHECK
Organized labor in Springfield this week was able to muster enough votes to get two of their coveted proposals further along the legislative process.
Prevailing Wage for Enterprise Zones & TIF Districts
After a fairly contentious debate, the House Labor Committee advanced SB 43 (Clayborne, D-E. St. Louis), along party lines to the House Floor. The measure proposes to extend the Prevailing Wage Act to all projects in an enterprise zone or a TIF district, even for projects that are 100% financed from private sources, with the exception for housing of 6 units or fewer. The bill also provides that "public works" also includes any project that will derive a financial benefit, in whole or in part, from loans, grants, subsidies, incentives, or other financial benefits made available through these areas, even though there are not utilized. This covers just about every construction project in these areas, which encompasses a very large part of the state. A significant number of CICI members are in Enterprise Zones.
Resolution Supporting Federal Check Card Legislation Advances
This measure, SJR 35 (Hutchinson, D-Olympia Fields), advanced out of the Senate this week along a party line vote that shows the General Assembly's support for the provisions of the Employee Free Choice Act (EFCA). This is federal legislation in Congress that would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorization cards designating the union they wish to represent them, without having to hold elections are is currently required. As this is a joint resolution, it now heads to the House to be debated.
This proposed legislation threatens to curtail two fundamental rights of American employees and employers: (1) the right to accept or reject union representation through a secret ballot election and (2) the right to freely negotiate a collective bargaining agreement. Unions are counting on EFCA to invigorate union organizing efforts nationwide, which have been languishing for decades.
The EFCA effectively eliminates the right to a secret ballot election. Union recognition would be based on a card majority, meaning that the National Labor Relations Board (“NLRB”) would certify a union’s status as the employee representative if a majority (50 percent plus one) of employees in the bargaining unit signs authorization cards.
It is much more difficult for an employee to refuse a face-to-face request to sign an authorization card than to vote his or her true choice in a secret ballot election. Further, the authorization card process effectively deprives employer and employee where employees can be apprised of the disadvantages of union representation. CICI opposes this resolution.
Please note that the Chemical Industry Council of Illinois Legislator is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.
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