January 1, 2010 Volume 111 Number 1
Business groups sue to stop Worker Freedom Act Associated
Oregon Industries (AOI) and the U.S. Chamber of Commerce filed a lawsuit
Dec. 22 to stop the Worker Freedom Act from becoming law. Senate Bill
519 — the Worker Freedom Act — was labor’s top priority
bill at the Oregon Legislature last session. The new law prevents
employers from punishing workers who opt-out of mandatory meetings
on topics such as politics, religion, and union organizing.
Oregon is the first state to pass such a law. It was to take affect
Jan. 1.
The lawsuit specifies Laborers Local 296 and Oregon Labor Commissioner
Brad Avakian as defendants. AOI and the U.S. Chamber claim SB 519
violates federal law and the First Amendment.
The lawsuit appears to revolve around Local 296’s union organizing
campaign at cooked meat producer BrucePac. In June, BrucePac fired
at least 17 union supporters, just weeks into the campaign among 350
workers at the company’s Woodburn and Silverton plants. Local
296 protested the firings in legal charges filed with the National
Labor Relations Board, and the agency found merit to some of them.
That case will go before a federal administrative law judge Jan. 12.
The lawsuit describes the BrucePac campaign, without specifically
naming the company.
Tom Chamberlain, president of the Oregon AFL-CIO, says the lawsuit
is without merit. “(SB 519) addresses separate issues from the
laws they refer to, and specifically protects both an employer’s
right to free speech and a worker’s right to be free from unwanted
communication.”
Chamberlain said some employers “seem to be threatened by the
idea that they will no longer be able to fire or punish workers who
don’t want to sit down and listen to their opinions on non-work-related
topics.”
Chamberlain said Oregonians have felt threatened by their bosses
telling them how to vote or what to believe “for too many
years. SB 519 is necessary, it’s overwhelmingly supported
by Oregonians, and it’s legal.” The U.S. Chamber lawsuit
against the Worker Freedom Act specifies Local 296 and Oregon Labor
Commissioner Brad Avakian as defendants, and describes the BrucePac
campaign, without specifically naming the company.
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