Sen. Bernie Sanders (I-Vt.) and Rep. Mark Pocan (D-Wis.) introduced legislation today that would make it easier for workers to join unions and bargain for better wages, benefits and working conditions.
“Millions of Americans who want to join unions are unable to do so because of the coercive and often illegal behavior of their employers,” Sanders said. “The benefits of joining a union are clear: higher wages, better benefits and a more secure retirement. If we are serious about reducing income and wealth inequality and rebuilding the middle class, we have got to substantially increase the number of union jobs in this country.
The Workplace Democracy Act will make it easier for workers to join a union by allowing the National Labor Relations Board to certify a union if a simple majority of eligible workers sign valid authorization cards. The bill also requires companies to begin negotiating within 10 days after certification. If no first contract is reached after 90 days, either party can request compulsory mediation. After 30 days of mediation, the parties will submit the remaining issues to binding arbitration.
“For years, the ability of workers to unionize has given employees the opportunity to bargain for better wages and benefits. And unions have been one of our nation’s strongest voices for workplace safety and fairness. But over time, employers have steadily undermined workers’ ability to organize through nefarious tactics,” said Sen. Sherrod Brown (D-Ohio). “By allowing the use of the majority sign-up process and ensuring a timely contract negotiation, we can help restore this fundamental right to form a union.”
“The Workplace Democracy Act strengthens the middle class by restoring workers' rights to bargain for better wages, benefits, and working conditions,” said Pocan. “One of the root causes of declining wages is that workers’ ability to join together and bargain for higher wages and better working conditions has been has been severely undermined. This bill would make it easier for workers to have a voice in the workplace, providing a bigger paycheck to middle class families trying to pay the mortgage and find a way to send their kids to college.”
Joining Sanders and Pocan at the news conference outside the Capitol were workers who have faced retaliation for trying to organize their fellow workers. “Working moms shouldn’t have to strike and face threats just to join a union,” said Kellie Duckett, a federal contract worker at the U.S. Capitol. We should be able sign up for the union just like we sign up for the PTA.”
“I’m here to say that current labor laws don’t protect workers,” Mayra Tito, a federal contract worker, added. “I should know – I was fired from the Pentagon Starbucks after I went on strike for $15 and a union. That’s why we need the Workplace Democracy Act.”
“I was fired for speaking out in my workplace to improve patient care conditions by organizing a union,” Allysha Almad, a registered nurse from Pasadena, said. “My case is not unique. There are thousands of nurses and other workers who face retaliation when they try to raise their voices collectively to address unsafe condition – conditions that in hospitals and other workplaces actually endanger lives."
According to Bureau of Labor Statistics data released earlier this year, union workers’ wages are 27 percent greater than for non-union workers. Seventy-nine percent of unionized workers receive health insurance from their employers, compared to only 49 percent of non-union workers. Seventy-six percent of union workers have guaranteed defined-benefit pension plans, compared to only 16 percent of non-union workers. Eighty-three percent of union workers receive paid with sick leave compared to only 62 percent of non-union workers.
The bill is cosponsored in the Senate by Sens. Patrick Leahy (D-Vt.), Patty Murray (D-Wash.), Sherrod Brown (D-Ohio), Martin Heinrich (D-N.M.), Elizabeth Warren (D-Mass.), Kirsten Gillibrand (D-N.Y.), Debbie Stabenow (D-Mich.), Mazie Hirono (D-Hawaii) and Sheldon Whitehouse (D-R.I.).
Click here to read the bill.
Click here to read a summary of the bill.
Click here to read Sanders’ prepared remarks.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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Showing posts with label workers' rights. Show all posts
Showing posts with label workers' rights. Show all posts
Wednesday, October 21, 2015
Saturday, August 16, 2014
Judge rules Florida workers' compensation law unconstitutional
The emasculation of the US workers' compensation system continues as the economic unbalance in the nation has escalates. Ironically the latest assault is a successful constitutional challenged by the organized bar of diminishing legal representatives of injured workers. The judicial decision may result in potential political upheaval as Florida is facing an upcoming gubernatorial election. More importantly the decision is yet another signal that workers' compensation as a social remedial legislation has failed to dynamically adapt to its changing role in the nation's evolving medical delivery network and disability benefit structure.
Today's post is shared from jurist.com
The 11th Judicial Circuit Court of Florida [official website] in Miami on Wednesday ruled [order, PDF] that Florida's workers' compensation law [text] is unconstitutional. Prior to the ruling, Attorney General Pam Bondi [official website] issued a response [text, PDF] to the court's order to show cause, asking the court to rule the law as unconstitutional in the form of an advisory opinion. In his ruling, Judge Jorge Cueto stated that the law is the exclusive remedy for injured workers, and therefore, only under rare circumstances can they sue their employers. Pursuant to Florida Supreme Court precedent, to be a constitutional worker's compensation act, it must provide some level of permanent partial disability benefit. Because it does not provide these remedies, the judge found that the act does is not an adequate replacement for the tort remedies that it supplanted.
Workers' rights continue to be an issue in the US. Last month, the US Supreme Court [official website] granted certiorari [JURIST report] in eight cases, including Young v. United Parcel Service [docket; cert. petition, PDF]. In that case, the court will consider whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are "similar in their ability or inability to work."
Today's post is shared from jurist.com
The 11th Judicial Circuit Court of Florida [official website] in Miami on Wednesday ruled [order, PDF] that Florida's workers' compensation law [text] is unconstitutional. Prior to the ruling, Attorney General Pam Bondi [official website] issued a response [text, PDF] to the court's order to show cause, asking the court to rule the law as unconstitutional in the form of an advisory opinion. In his ruling, Judge Jorge Cueto stated that the law is the exclusive remedy for injured workers, and therefore, only under rare circumstances can they sue their employers. Pursuant to Florida Supreme Court precedent, to be a constitutional worker's compensation act, it must provide some level of permanent partial disability benefit. Because it does not provide these remedies, the judge found that the act does is not an adequate replacement for the tort remedies that it supplanted.
Workers' rights continue to be an issue in the US. Last month, the US Supreme Court [official website] granted certiorari [JURIST report] in eight cases, including Young v. United Parcel Service [docket; cert. petition, PDF]. In that case, the court will consider whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are "similar in their ability or inability to work."
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