LEGISLATIVE ISSUES
Some Federal Bills to Watch
By
John Peterson. LICA Director of Government Relations, 04 MAY 2009
Employee Free Choice Act (EFCA) or “Card Check Bill.” As many of you know, LICA has taken a
position opposing the Employee Free Choice (Card Check) Act of 2009. The Bill numbers are H.R. 1409
and S. 560. The EFCA was introduced and referred to committee on March 10th, 2009. The next step is to
have a committee vote. The EFCA would deny employees the opportunity to vote in private when deciding
whether to have a union in their workplace. Instead, employees would be subject to various pressure tactics
by union representatives to sign cards approving a union. This Bill also calls for binding interest arbitration
in an initial union contract. This Bill would radically restructure 60 years of carefully crafted and balanced
labor law. It is supported by the Obama Administration and many in the Congress. So far the debate on
this Bill has not focused on what I consider to be the Bill’s Achilles’ heel, the fact that it is
unconstitutional. There is a constitutionally protected right of employees to keep their opinions on
controversial issues like unionization to themselves. Only secret ballots are consistent with the First
Amendment. Labor organizing has been one of the most contentious exercises in modern American history
often leading to violence and intimidation. Demanding that an employee state publicly, by checking “yes”
or “no” on a card, would involve real and immediate dangers of intimidation.. Knowing that the Bill is not
constitutional will not guarantee that is will not be passed however. We need to be ever vigilant.
National Labor Relations Modernization Act or “Union Access Bill.” The Bill number is H.R. 1355. It
was introduced and referred to committee on March 5th, 2009. The next step is for a committee vote.
Similar to EFCA, the interest arbitration provisions of this Bill would lead to government appointed
arbitrators setting wages, benefits, work rules, and other terms of an initial union contract, as well as new
fines on employers. The Bill would also allow unions’ access to the workplace to campaign in the same
manner as employers. Like EFCA this Bill would disrupt the balance established in U.S. labor law and
could require an employer to subsidize a union’s campaign in effect. My thought is that LICA should
oppose this Bill. I will keep watching it.
No Cost Stimulus Act of 2009. The Bill numbers are H.R. 1431 and S. 570. It has been introduced and
referred to committee on March 11th, 2009. The next step will be a committee vote. This Bill would grant
access to valuable energy resources in the Outer Continental Shelf and portions of the Arctic National
Wildlife Reserve, and streamline the permitting and approval process for infrastructure projects. If
implemented the Bill could potentially create more than 1.5 million jobs, and could generate trillions of
dollars in royalties and tax revenues for the federal government. This could be a Bill that LICA would
support.
Family Friendly Workplace Act. This Bill number is H.R. 933, and it has been introduced and referred to
committee on Feb. 10th, 2009. This Bill would amend the Fair Labor Standards Act by allowing eligible
employees the option of earning compensatory time off in lieu of payment for overtime hours worked.
Specifically, employees could earn compensatory time off at a rate of 1.5 hours of paid leave for each hour
worked over 40 hours in a workweek, but not accrue more than 160 hours, with any excess time paid out to
employees in cash. While the US Chamber of Commerce supports this Bill saying it would allow
employers to offer employees increased flexibility in their work schedules and help families’ better balance
their personal and work lives, I would like to see some discussion of it within LICA to see how you all
react to it. For now I will keep watching it.
Research & Experimentation Tax Credit. This Bill is number H.R. 422 and it was introduced and
referred to committee on Jan. 9th, 2009. Again, the next step will be a committee vote. The Bill would
extend the Research & Experimentation Tax Credit through 2010. It would also increase and make
permanent the alternative simplified research credit, providing much-needed certainty in tax planning for
research-related investments through next year. The Bill could help improve the productivity of our
economy, preserve and create jobs, and spur economic recovery. For those reasons LICA may choose to
support this Bill.
PAST ISSUES TO REVIEW
3 Main Issues of Concern to the MNLICA Organization
Clean Water Restoration Act
Summary of effects of proposed changes to current bill
-
Would remove ‘Navigable’ wording from Clean Water Act
Would remove ‘Navigable’ wording from Clean Water Act-Would remove “All Waters”
Would remove “All Waters”-Would regulate “Activities Affecting the Waters”
Would regulate “Activities Affecting the Waters”-Would limit the role of states & legislatures
Would limit the role of states & legislatures-More regulation = Less economic activity & development
More regulation = Less economic activity & development-Increase control over water from D.C.
Increase control over water from D.C.-Cost of expansion (Government) would be enormous
Cost of expansion (Government) would be enormous-Permitting will take more time – create additional expense
Permitting will take more time – create additional expense-Summary – HUGE expansion of Clean Water Act
Summary – HUGE expansion of Clean Water ActBill is presently stalled – Senator Oberstar does not have the votes but he wants this bill passed.
(If not signed – the bill reverts back to the 1935 – 1949 bill)
Two Other Bills that are circulating House & Senate to watch include:
1031 Exchange
They think the 1031 provision will be removed. This provision will limit 1031 exchanges for some kind of farm properties that would not get farm payments. Would be negative to land investments.
Habitat / Conservation financial incentives
GOD BLESS AMERICA
List of BWSR LGU – Local Government Unit Contacts by County Available http://www.bwsr.state.mn.us/directories/WCA.pdf
