Unbalanced Restrictions Plague the Workplace
On March 6, 2009
By Scott Wolfe Jr
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Currently, there are two bills awaiting a decision by the Washington State Legislature that would prevent employers from holding meetings to discuss issues “directly related to” labor unions. The initial response from the public is that the bill sounds like another vague, loosely defined bill that aims to reduce the rights of one party (the employer) while advocating for another party (the union).
This particular bill was introduced by Representative Mike Sells, a democrat from Everett as House Bill 1528 and by Senator Margarita Prentice, a democrat from Renton, as Senate Bill 5446.
To give you more clarity on what is going on, we would like to discuss the practical effect of the bill.
* What Does the Bill Do?
If this bill is passed, it gives employees the right not to attend a meeting called by their employer, if the employees have reasonable belief that it is about religious or political matters.
* Is That the Real Reason Behind the Bill?
Well, not exactly. On the one hand, that sounds completely valid, as religion and politics in the United States of America are viewed as very private matters. However, this bill defines “political matters” as topics including and related to labor unions. Scratch below the surface and the bill serves to undermine meetings that employers can potentially call when they are in a fight with a union.
* How Are Employers Affected?
Employers have the right to present factual materials to their employees during a dispute with a union. Those individual employees are entitled to vote based on the information they receive and their personal opinions. The bill is an attempt by organized unions, through legislators, to stop employers from discussing their position during union organizing efforts. The unions want to limit the right of employers to present facts that might sway someone from voting the union in.
* Does This Affect the Construction Industry Too?
Well, of course. The construction industry is familiar with unions. Union strength arose in response to the inconsistency in project availability, the extended lengths of projects and under-regulated monetary compensation for individual workers.
Last month, President Obama issued an executive order encouraging federal agencies to use project labor agreements on large-scale construction projects. This order requires contractors to enter in a collective bargaining agreement with a labor union that establishes the terms and conditions of employment for the specific construction project. The motivation behind this executive decision? The answer: purported timely completion of large projects.
With a Democrat-controlled Congress and Democratic leadership right here in Washington State, employers should expect an increase in legislative decision favorable to unions and in employer regulations relating to union disputes.
About the Author: Scott Wolfe Jr
Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.
