Fracas looms over 'right-to-work,' eight-hour workday

SALEM, OR -- More measures were introduced last week attacking bread and butter issues of organized labor, including one of its most important achievement, the eight-hour workday. "Right-to-work (for less)," gutting family leave and more sub-minimum wage bills are also in the hopper and under consideration by lawmakers.

"Everybody's taking their shot at us this session," said Oregon AFL-CIO President Irv Fletcher, referring to the Republican-controlled Senate and House.

It's no better in Washington State, where the Washington State Labor Council has identified 54 bills that would negatively impact workers. "While everyone is focusing on the Seahawks stadium and general budget issues, an unprecedented legislative onslaught against working families and consumers quietly continues unabated," said Rick Bender, president of the state labor federation.

Tip credits for restaurant workers, right-to-work (for less), a broadening of child labor laws to allow teen-agers to work more hours and later at night, a weakening of apprenticeship standards, privatizing state employees' jobs, and exempting certain business formations from workers' compensation coverage are just a few of the bills the Republican-controlled House and Senate have introduced this year at the State Capitol in Olympia.

Oregon is dealing with its own right-to-work bills introduced by Senate Majority Leader Gene Derfler, R-Salem. SB 850 and 851 would prohibit public employee unions from collecting dues through payroll deductions and would eliminate fair-share agreements. People who don't want to belong to a public employee union don't have to join, but they must make a payment in lieu of dues for collective bargaining representation. The process is referred to as "fair share."

The bills are identical pieces of right-to-work legislation, said the Oregon AFL-CIO, the only difference being that the latter proposal would refer the measure to voters at the next general election May 20, thereby circumventing a likely veto from Democratic Governor John Kitzhaber.

"I think it will be pretty hard for the House to get 31 votes to support right-to-work in Oregon," Fletcher said.

Last month, New Hampshire and Montana legislators turned back right-to-work bills after workers rallied and lobbied lawmakers at their respective state capitols. Washington's House Bill 1760 was introduced on behalf of the local Right-to-Work (for less) Committee. Tinkering with the eight-hour workday has union officials very concerned, particularly because it is finding support from Kitzhaber.

SB 143 was filed pre-session by the Department of Administrative Services.

"We're still hazy on exactly where the governor is on this," said Fletcher. "We've requested a meeting with him to ask if this is the kind of signal he wants to send -- that an eight-hour workday is no longer relevant and working on Saturday and Sunday is not worth premium pay."

Under SB 143 overtime would be paid only after a 40-hour week -- at the employer's discretion, with straight-time pay permissible on Saturdays and Sundays. A work session on SB 143 is scheduled Monday, March 31, at 1 p.m.

SB 234, introduced by Derfler at the request of anti-union Associated Builders and Contractors, would allow non-union construction contractors to work employees four 10-hour days at straight-time pay. It is being opposed by the Oregon State Building and Construction Trades Council (OSBCTC).

SB 234 passed the Senate last week.

Derfler also introduced a bill on behalf of Associated Oregon Industries that would undermine Oregon's landmark Family Leave Law. SB 706 rolls back eligibility requirements, denies leave to care for adult family members who are not capable of self-care, restricts leave rights for married couples working for the same employers, and destroys essential job protections, said the Oregon AFL-CIO.

In 1995 pro-family advocates, business, legislative leaders and Labor Commissioner Jack Roberts worked in a bipartisan effort to consolidate the state's various family leave laws. That bill, sponsored by Derfler, passed the House and Senate without a single dissenting vote. "This legislation violates the spirit of compromise achieved by all parties in 1995," said Amy Klare, research and education director of the Oregon AFL-CIO.

Republicans also are filing more bills attacking the new minimum wage law. "Who knows how many there will be before the session is over," Fletcher commented.

In addition to SB 2691 introduced by John Watt, R-Medford, calling for tip credits, an averaged wage for farmworkers, a training wage for young persons and a health care exemption, Derfler has introduced SB 531 to exempt agricultural workers from future increases above $5.50 an hour if an employer certifies annually to the Oregon Bureau of Labor and Industries that 75 percent or more of its agricultural production enters interstate or foreign commerce.

Additionally, Senator Eileen Qutub, R-Beaverton, introduced SB 864 to exempt foster care employees who are domiciled at a foster care home from all minimum wage laws. Another bill exempts seniors who work for private contractors in national parks.

The Oregon Farmworkers Ministry held candlelight vigils on the Capitol steps every night this week opposing repeals in the state minimum wage law.

Oregon Council 75 of the American Federation of State, County and Municipal Employees (AFSCME) said a rewrite of Ballot Measure 47, the cut and cap initiative passed by voters last November, "includes snippets of good news." The House passed a revised version of the measure last week and it is now in the Senate. Lawmakers hope to have it on the May 20 ballot.

AFSCME said the concept of "local options" is intact, which means local governments can ask voters for additional money specifically outside the Measure 47 limits. Union officials also said it appears "the door is being opened" for discussions on replacement revenue outside of property taxes.

The Oregon Public Employees Union will meet March 22 to discuss the Measure 47 rewrite. The Oregon AFL-CIO has called a Committee on Political Education meeting April 18 to take action on the rewrite and other possible measures that will be on the ballot.

AFSCME also is supporting HB 2943, which would require the Department of Corrections to replace the existing free weights in prisons with universal weightlifting machines; and HB 2942 requiring the Department of Corrections to increase the ratio of security staff to inmates during the next two bienniums.

OSBCTC is behind a bill that would upgrade electrical apprenticeship training in industrial maintenance programs. It is opposing a bill that would reduce training standards for maintenance electricians working in high-rise buildings.

Shiprack expressed concern about a bill that would require any person drawing unemployment benefits to be eligible to be placed in a pool of workers for the Oregon Jobs Plus program. Jobs Plus is designed to get people off welfare. Private employers in the program are subsidized by the state, which pays minimum wage and workers' comp for the first half-year. Shiprack said under the bill construction workers temporarily laid off during slow work periods "technically would be required to take welfare jobs" in Jobs Plus.

Unions are keeping close watch on a bill that would divert money from the unemployment insurance trust fund to employers so they can train workers in areas such as reading, writing and math.

A public hearing on SB 40 and SB 42 to dismantle the Oregon Bureau of Labor and Industries and have the labor commissioner's position appointed rather than elected has come and gone. Union officials don't think there is enough interest in the Legislature to move the bills, and no new hearings have been scheduled.

The Workers Compensation Management-Labor Advisory Committee adjourned abruptly March 17 and labor members did not attend a subcommittee meeting the next day after management members appeared unwilling to support an increase in the maximum permanent partial disability (PPD) benefits paid to injured workers.

Management members said there are other issues that should be bargained along with the raise.

Angry union officials cited a recent 10 percent reduction in most workers' comp premium rates and the fact that the proposed PPD increase would bring Oregon's maximum benefit to the national median -- which would raise premium rates 1.5 percent.

(Editor's Note: Portions of this article were excerpted from the Oregon AFL-CIO's Legislative Update edited by Amy Klare and Steve Lanning.)