HR, Labor & Employment
The Chamber supports job retention and job growth. In the midst of a recession, neither Congress nor the incoming administration should enact new laws or promulgate new regulations which increase the cost of employment. Increasing the cost of employment in a recession will cause further job loss, including but not limited to driving jobs out of the country. Our nation's human resource, labor and employment laws should help employers to become more competitive internationally, instead of raising barriers to domestic job creation. Very real quality of life, "main street" issues for struggling families hang in the balance as Congress and the administration decide whether to undertake actions which would effectively regulate and legislate their jobs out of existence. Our members have been crystal clear on this subject. Jobs will be lost if Congress or the administration increase the cost of employment during this recession.
Equal Pay Act
The Equal Pay Act makes it unlawful for employers to discriminate on the basis of sex, in the payment of wages for equal work on jobs that require equal skill, effort and responsibility and which are performed under similar working conditions. In essence, the Equal Pay Act requires employers to pay comparable wages to male and female employees who are employed in the same position. The Act makes specific exceptions for wage differentials which are based upon: (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any factor other than sex.
Despite the protections provided in the Equal Pay Act, Congress has proposed the Paycheck Fairness Act.
The Paycheck Fairness Act would, among other things, make it easier to file large class action lawsuits, expand remedies under the Equal Pay Act to include unlimited punitive and compensatory damages and limit an employer's ability to justify legitimate pay differences, in effect, putting courts in the position of second-guessing employer pay decisions. Title VII of the 1964 Civil Rights Act already provides adequate remedies for sex discrimination in employment, including any claim that equal pay is being denied based on sex. But proponents support the bill based on the "pay gap"---which assumes that any gap in pay must be due to unlawful discrimination. This assumption is being used to justify radical rewrites of pay equity laws and put expansive regulation in place. The only parties that benefit from this are the trial lawyers.
The Northern Kentucky Chamber of Commerce opposes any legislation that will place unnecessary burdens and expenses on employers during this time of recession. Employees are already fully protected by the Equal Pay Act and Title VII. Expanding the Equal Pay Act at this time will only increase unnecessary litigation, which will result in the loss of more jobs.
Family and Medical Leave Act and Paid Leave
The Family and Medical Leave Act of 1993 (FMLA) was intended to provide leave for a "serious medical condition" of an employee or immediate family member, birth of a child and bonding. In 2008 the Department of Labor implemented new regulations which are effective January 16, 2009. The long-term effects of these new regulations are yet to be determined. Despite the burdens already placed on employers, each year new legislation is proposed that would expand the FMLA’s leave entitlements.
Last session Congress introduced the Family and Medical Leave Enhancement Act, which is still pending before Congress. The Act would amend the Family and Medical Leave Act of 1993 to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and to clarify that leave may be taken for routine family medical needs and to assist elderly relatives, and for other purposes. Congress should not force employers to provide employees with leave to attend extracurricular activities. This legislation goes too far. The precedent that this type of legislation would set would have damaging long term affects on the autonomy of employers to run their businesses.
The Northern Kentucky Chamber of Commerce supports:
Legislation and/or regulatory reform that will revise and clarify the FMLA to ease the burdens created by the implementing regulations. We oppose expansion of the FMLA to provide leave for purposes not currently covered, and oppose expanded application of the FMLA to smaller employers.
Employee Free Choice Act - Union Certification
Under current law, if a group of employees wish to have a union represent them, the National Labor Relations Board (NLRB) administers an election in the workplace, during which employees vote via secret ballot. The election process occurs without the presence of any supervisors or managerial representatives of the employer, and no campaigning of any kind is allowed in the voting area. The question of union representation is then determined by majority rule, based on the number of votes cast.
In recent years, there have been proposals to make changes to the NLRB’s practice of holding a secret ballot election. These proposed changes, termed the “Employee Free Choice Act,” would first, allow employees to form a union by collecting signed union authorization cards or petitions. Second, the Employee Free Choice Act would require employers and newly certified unions to enter binding arbitration if they cannot reach an agreement on an initial contract after 90 days of negotiations. Neither the employer nor employee could appeal the arbitrator’s ruling, and the contract would last for two years. Third, the Employee Free Choice Act would dramatically increase the penalties for unfair labor practices committed by employers, but not unions, during an organization drive.
Proponents of the Bill contend that the Act would protect workers' freedom to freely choose to join a union. However, workers' best defense against harassment and intimidation by either a union or an employer is a secret-ballot election in which neither knows how any individual worker voted.
The Northern Kentucky Chamber of Commerce opposes:
Legislation that would eliminate the National Labor Relations Board (NLRB) secret ballot election process. The Employee Free Choice Act would strip workers and employers of their fundamental rights and leave them more vulnerable to pressure than before. Congress should protect the privacy of American workers and guarantee their right to vote in an election before joining a union. Congress should also guarantee every worker the opportunity to hear arguments from both sides and time to reflect before voting. The NLRB secret ballot process is time tested and is the only way to ensure that most fundamental American right.
Employment Verification: E-Verify
The past 110th Congress brought with it a hope of comprehensive reform of our nation’s immigration laws, as there was strong bi-partisan support of Congressional leaders. Although efforts to enact immigration reform collapsed in the summer of 2007, Congress did consider legislation aimed at improving the voluntary electronic employment verification system known as E-Verify.
Currently, employers may voluntarily elect to participate in the E-Verify system. Participants in E-Verify confirm employment authorization of new hires through Social Security and Homeland Defense databases. Currently only 85,000 employers (out of 7,000,000 U.S. employers, or 1.2 percent) participate. The program supporting E-Verify was set to expire in November 2008, but has been temporarily extended until May 21, 2009.
The Northern Kentucky Chamber supports:
Providing employers a reliable method to confirm worker eligibility. A fully-electronic system, using biometric measures to prevent identity theft, such as the proposed New Employee Verification Act, would provide employers with the tools they need to keep unauthorized workers off their payrolls.
Highly-Skilled Worker Shortages
Congressional proposals have been introduced, but not enacted, to address the shortage of highly-skilled labor. Some of the proposals included permanent employment-based visa reform, expanding the H-1B visa exemption for foreign nationals who have earned an advanced degree from a U.S. college or university; exempting from the employment-based visa cap foreign nationals holding an advanced degree in science, technology, engineering, and mathematics; as well as efforts to place additional requirements on U.S. employers using the employment-based visa categories.
The Northern Kentucky Chamber supports:
Expansion of H-1B visas for foreign nationals, especially those who have earned advanced degrees in the U.S. Increased intellectual human capital should be viewed as a valuable asset, not a liability.
National Right-to-Work
Under current law, an employee must join a union if a union is certified at a place of employment (closed shop) unless the state in which the employee works has enacted a "right to work" law. Congress has pre-empted the field of union/labor relations to provide uniformity throughout the states, yet left "right to work" up to each state.
The Northern Kentucky Chamber of Commerce supports:
The Northern Kentucky Chamber encourages Congress to enact a national right-to-work law so that no employee should be required to join a union against his or her will, regardless of the state in which they work.
News
Mar 10, 2010
Powerful ILWU gives nod to mayor (The Honolulu Advertiser)
A governor who will work with the Neighbor Island mayors and the mayor of Honolulu. "A governor who can bring Democrats, as well as Republicans and independents, to the table. Daniel Akaka have endorsed Hanabusa over former U.S. Rep. Ed Case, a Democrat, and Honolulu Councilman Charles Djou, a...
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Mar 9, 2010
BRIEF (The Honolulu Advertiser)
The International Longshore and Warehouse Union today endorsed Honolulu Mayor Mufi Hannemann in the Democratic primary for governor. Isaac Fiesta Jr., the union's president, described it as a difficult decision given that Hannemann's rival is former congressman Neil Abercrombie, a liberal with a...
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Mar 9, 2010
Bennet Reinforces His Left Flank (Politico)
Manu RajuFacing a fierce primary challenge from the left, Colorado Democratic Sen. A former superintendent of Denver public schools, Bennet entered Washington as a relative unknown, appointed by Gov. They point to initiatives that might not be popular with liberals.
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Mar 8, 2010
Details Near on Long-Awaited Election in Myanmar (New York Times)
And the popular and charismatic leader of the country’s democracy movement, Daw Aung San Suu Kyi, is under house arrest and not due to be released until October at the earliest. The new constitution will take effect after the elections. Aung San Suu Kyi, the National League for Democracy, won...
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Mar 8, 2010
Unions' support is no lock for Patrick (The Boston Globe)
Many teachers are upset by elements of a sweeping education law that could result in firings at underperforming schools. But union members may have difficulty finding a more palatable alternative in the race. Patrick's principal challengers - Republicans Charles D. Baker Jr. and Christy Mihos and...
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Mar 6, 2010
Boron on the brink (The Bakersfield Californian)
They note that Edwards Air Force Base also provides nearby employment, as do a rocket testing facility and a solar plant outside of town. He added that he is unaware of any recent student fights related to the labor dispute. The school district is remaining neutral. Business owners feel it in...
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Mar 6, 2010
Democrats Need a Rally Monkey (New York Times)
“When a party’s snakebit, it’s really snakebit,” said Charlie Cook, the independent political handicapper, who is predicting a thumpin’ for Democrats in November. Pushing the Employee Free Choice Act could rally labor. In the scenario best for the Democrats, the Tea Party peaked with Mr.
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Mar 6, 2010
Union labor at Plant Vogtle in negotiations (The Augusta Chronicle)
...labor agreement for construction work on Plant Vogtle," she said. "The project labor agreement is not final at this time; however, we are hopeful we will reach a mutually beneficial agreement in the near future." In October, Georgia's AFL-CIO circulated e-mails expressing fears that union...
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Mar 6, 2010
BRIEF (Detroit Free Press)
Alma Wheeler Smith, D-Salem Township, is labor-friendly but considered a long shot. Last fall, Kildee, a nephew of U.S. Rep. Dale Kildee, launched the Center for Community Progress, a think tank based in Flint and Washington, aimed at helping urban cities.
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Mar 6, 2010
Saving history (Sun Journal (Lewiston, Maine))
Other times it meant using a lighter touch. The gears needed the lighter touch. When the labor union learned the museum needed help, its members volunteered. Seven people spent Friday working to clear the building. They pulled containers full of yarn, a pallet of scrap material and a large scale.
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Mar 2, 2010
EDITORIAL (The Sacramento Bee)
Steinberg says the ruling should send the governor a "clear directive" to cut a labor agreement with the unions. It's a nice sound bite, but a pact will never happen if labor leaders are unmotivated to negotiate. Lawmakers have ways to apply pressure, if they choose. Under the Ralph Dills Act,...
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Feb 28, 2010
Pension bill may save jobs (The Columbus Dispatch)
We're all feeling the pain," said John Agenbroad, executive officer/secretary treasurer of a chapter of the Graphics Communications Conference of the International Brotherhood of Teamsters. But he and other union members are willing to go along with that compromise to maintain bipartisan backing...
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Feb 28, 2010
Dillon to join governor's race: Speaker (Detroit Free Press)
The poll, by EPIC-MRA, shows Dillon with 17% support among likely primary voters. Alma Wheeler Smith of Salem Township and Lansing Mayor Virg Bernero. The proposal has been bogged down in the House. Dillon said he tried to bridge partisanship in Lansing but could be more successful as governor.
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Feb 28, 2010
EDITORIAL: STALLED AGENDA (Richmond Times-Dispatch)
Virginia's Jim Webb and Mark Warner supported cloture. If their side had prevailed, Big Labor's right-hand man surely would have won confirmation to a panel with powers that could affect business-labor relations to business' great detriment. Both parties, however, have embraced unwritten rules...
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Feb 27, 2010
Improve talk, or we'll walk (Tulsa World)
...items, including wages and benefits are unresolved. American's last wage proposal to the TWU also involves per-year lump sum cash payments: a total of 10 percent of a worker's wage over four years. Impatient over the pace and content of negotiations, TWU executives said last week they will...
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Feb 26, 2010
Veteran municipal lawyer fired in Milford (Connecticut Post)
...-- MILFORD -- Veteran Assistant City Attorney Cynthia Anger, a municipal employee for 23 years, has been "summarily" fired, friends said Friday. Lisa DiLullo, the aide to Mayor James L. Richetelli Jr., handed Anger two cardboard boxes at the end of the workday Wednesday and told her to gather...
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Feb 26, 2010
3 city unions won't deal (Waterloo-Cedar Falls Courier)
...tax hike in next year's budget, Clark asked the unions to reopen the contracts and take a 1 percent pay raise July 1 and a 2 percent increase Jan. 1, 2011. The move, which would have covered nonunion staff, could have saved $229,000 and turned a projected 3.9 percent residential property tax...
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Feb 26, 2010
Union calls for massive jobs bill (The Post and Courier)
...movement for jobs." She wants the jobs bill to extend unemployment benefits, increase federal aid to local governments and put some of the repaid bailout money into community banks so they can lend money to small businesses that create jobs. Baker wants the bill tied to investment in...
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Feb 26, 2010
In Pa. governor's race, predictable giving (The Philadelphia Inquirer)
His top contributors were branches of the laborers union, which delivered $143,500. The union has benefited from development projects Onorato has pushed forward with public dollars in the Pittsburgh area. Candidates had to file their 2009 financial reports by Feb. 1. Wagner reported collecting...
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Feb 26, 2010
Bank of America resistant to shareholder say on pay (Los Angeles Times)
Other major banks have agreed to put one or more pay-related resolutions on their ballots. Legislation passed by the House last fall to overhaul the financial industry would mandate such a vote, known as a "say on pay," at financial firms. The company called the measure "false and misleading,"...
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Feb 25, 2010
Supervisors push ban on labor pacts (The San Diego Union-Tribune)
Horn's motion for an election. Horn then moved to adopt an ordinance to ban the labor deals, which are seen by proponents as a way to ensure quality and fair wages but are seen by detractors as wasting taxpayer money. His second motion was approved by all five elected officials. At one point in...
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Feb 24, 2010
Clashes break out at Greek crisis protests (Los Angeles Times)
Interest-rate yields on Greek bonds remained high on Wednesday, reflecting market worries of a default. Spreads on government bonds over their German equivalent was at 3.30 percentage points after Fitch ratings agency on Tuesday downgraded ratings for four Greek banks. Market confidence has been...
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Feb 24, 2010
Austerity measures spark clashes with Greek police (USA Today)
Interest-rate yields on Greek bonds remained high Wednesday, reflecting market worries of a default. Spreads on government bonds over their German equivalent was at 3.30 percentage points after Fitch ratings agency on Tuesday downgraded ratings for four Greek banks. Market confidence has been...
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Feb 24, 2010
The Fox News/David Brooks tag team (Washington Post)
Conservative politicians attack death panels and rationing and higher taxes. Neither party is really able to vote for the other party's major initiatives. That doesn't make much sense, given that Brooks supports the excise tax and Obama is protecting the excise tax.
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Feb 24, 2010
Second Strike Paralyzes Greece (New York Times)
...austerity measures would reduce demand for loans and curb bank profits.As a media blackout by protesting journalists kept Greeks in the dark about the progress of government talks with visiting European Union and I.M.F. inspectors, political commentators said they expected no surprises. “It...
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Feb 24, 2010
Greek unions set to stage general strike (Los Angeles Times)
Greek labor unions are set for a show of strength Wednesday in a nationwide strike against austerity measures aimed at pulling the debt-ridden country out of its worst postwar financial crisis. Public schools, tax offices and municipal offices will be closed, and public hospitals will function...
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Feb 24, 2010
States weigh campaign-finance changes (USA Today)
Two top Democrats in Congress, New York Sen. Eight campaign-finance bills have been introduced, including one that would require shareholder approval for the spending and content of any campaign material a corporation distributes. Robert Burns, the Republican president of the state Senate and Sen.
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Feb 23, 2010
Toyota Sees Growing Anger From Suppliers in Japan (New York Times)
Moewaki, 60, standing in the dark one-room workshop where he and his three employees operate gritty machines. “Toyota said we were all one big family. Toyota continued to grow even as Japan stumbled in other industries, like consumer electronics.Now there is a palpable sense of alarm in the...
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Feb 23, 2010
Another jobs-killer that needs repeal (Washington Post)
By artificially raising labor costs on public projects, Davis-Bacon both reduces employment and soaks taxpayers. Davis-Bacon sets wages based on calculations by the Labor Department’s Wage and Hours Division, rather than statistics from the Bureau of Labor Statistics. In boom times,...
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Feb 23, 2010
Transport strikes lay bare Europe's malaise (Associated Press Online)
...politicians seeking re-election, Jamet said. Air traffic controllers walked off the job across France as a four-day strike began on Tuesday, testing the patience of would-be travelers and forcing the cancellation of hundreds of flights. Unions called the walkout to protest plans to integrate...
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Feb 23, 2010
AFSCME's No. 2 leader will resign (The Philadelphia Inquirer)
AFSCME preferred Barack Obama. Lucy, a civil engineer, is the founder and president of the Coalition of Black Trade Unionists. He worked in the civil-rights movement here and in South Africa. He was first elected the union's secretary-treasurer in 1972 and had been considered the heir apparent...
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Feb 23, 2010
Protesters blockade Greek stock market (Associated Press Online)
Greece, Feb. 23, 2010 (AP Online delivered by Newstex) -- Protesters blockaded the Athens Stock Market on Tuesday, on the eve of a general strike, as the leader of Greece's largest labor union warned the government's fiscal austerity measures could lead to an "eruption" in unemployment. About 100...
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Feb 23, 2010
Lufthansa strike suspended (Arkansas Democrat Gazette)
Airways PLC, meanwhile, faced a renewed threatof cabin crew strikes, after the Unite union announced Monday that most of its members had voted in favor of a walkout.In London, Unite - Britain’s biggest labor union - said after the vote that it was not announcing any strike date and its members...
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Feb 23, 2010
Labor leader gets 2 years in kickbacks (Philadelphia Daily News)
...and inflated incomes to make it appear that loan applicants were qualified when they weren't or weren't eligible to be a member of the credit union. Authorities said that Forte recruited his brother and others to find loan applicants and pay kickbacks to Forte. David Forte, who did not work...
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