Human Right or Federal Overreach? House Members Spar Over Legislation to Protect Public Workers
House members and advocates Wednesday sparred over legislation that would protect collective bargaining rights for public employees, a year after the Supreme Court ended mandatory dues payments for those workers.
The Janus decision 鈥渇undamentally undermines public service workers鈥 ability to collectively bargain. Congress has both the power and responsibility to protect the organizing and collective bargaining rights of all workers, no matter where they live or work,鈥 said Rep. Frederica Wilson, Democrat of Florida and the chair of the Health, Employment, Labor and Pensions subcommittee.
Rep. Tim Walberg of Michigan, the ranking Republican on the subcommittee, called the legislation 鈥渁nother Democrat attempt to put the thumb on the scale in favor of forced unionization.鈥
The debate focused on two bills. The , introduced Wednesday, would permit state and local workers to bargain collectively over wages, hours and other conditions. The other, the , would apply those rights specifically to 鈥減ublic safety officials鈥 like firefighters, police and EMTs.
Eight states do not permit collective bargaining by any public employees, and another 12 limit it to only certain professions, said Joseph Slater, a professor at the University of Toledo, who supports the bills.
Permitting public-sector workers to bargain also cuts down on disruptive labor strikes, like the teacher walkouts last year, which largely occur in states where public-sector workers have fewer rights, Slater said.
鈥淭he reason [for those strikes] is the workers feel, often justifiably, that they have no other options to get their employer to listen to their concerns, to really take them under consideration,鈥 he added.
Republicans on the committee and some witnesses, meanwhile, challenged the bills as a violation of federalism.
鈥淐ongress has no business centralizing all of this power in the federal labor relations authority. It would be an enormous federal overreach and a violation of the principle of federalism to do so,鈥 said Missouri state Sen. Robert Onder, a Republican. (He was the author of a bill that put new conditions on public-sector workers鈥 unionization and collective bargaining; .)
But another principle of federalism is that Congress can step in to address problems when doing so is in the national interest, said Rep. Donna Shalala, Democrat of Florida.
There are plenty of examples of Congress setting national minimum standards in employment law, such as the Americans with Disabilities Act, the Equal Pay Act, and the Pregnancy Nondiscrimination Act, said Teague Paterson, deputy general counsel at the American Federation of State, County and Municipal Employees, which unsuccessfully defended mandatory union dues in the Janus case.
Democrats also said the lack of collective bargaining rights for public-sector workers in some states violates international norms.
鈥淚t is a fundamental human right. The idea that we鈥檙e having this hearing, and having people in the minority talk about how great it is that we鈥檙e denying a fundamental human right to American workers, is not something that would happen in virtually any other country in the world. It鈥檚 a shame on our country that we鈥檙e even having this discussion,鈥 said Rep. Andy Levin, Democrat of Michigan.
Republicans, for their part, said the United States shouldn鈥檛 be compared to other countries. The issue isn鈥檛 barring people from joining unions but rather giving them the freedom to choose, Walberg said.
鈥淲e鈥檙e not against that. We鈥檙e saying there ought to be choice, that free citizens in a free country, unique and separate from any other nation in the world [should decide],鈥 he said.
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