TO:
Members of the Wisconsin State Assembly
FROM:
DATE: April 21,
2010
RE:
Oppose SB 585 – Limits on Employer’s Ability to Meet With Workers During Union Organizing
Campaigns
Background
Senate Bill 585 prohibits
discrimination against an employee
who declines to attend an employer-sponsored meeting or to participate in any
communication with the employer or with an agent, representative, or designee of
the employer, the primary purpose of which is to communicate opinions about
religious or political matters, including communications relating to a union
organizing campaign.
Under the bill,
discrimination on that basis includes discharging or otherwise discriminating
against an employee because the employee declines to attend such a meeting or to
participate in such a communication or threatening to discharge or otherwise
discriminate against an employee as a means of requiring the employee to attend
such a meeting or participate in such a communication.
For purposes of the
bill: 1) “religious matters” means religious affiliation or the decision to join
or not to join, or to support or not to support, any bona fide religious
association; 2) “political matters” means political party affiliation, a
political campaign, an attempt to influence legislation, or the decision to join
or not to join, or to support or not to support, any lawful political group,
constituent group, or political or constituent group activity; and 3)
“constituent group” includes a civic association, community group, social club,
fraternal society, mutual benefit alliance, or labor
organization.
WMC
Position - Oppose
This legislation would
directly prohibit communications between employers and employees, at an
employee's request, in the context of a union organizing campaign, in violation
of the National Labor Relations Act (NLRA). A series of United States
Supreme Court decisions have determined that almost all labor management
relations issues are subject to the exclusive regulation of the NLRA. The
only recognized exception to the NLRA’s pre-emptive
authority is where a state is exercising its policing authority in order to
prevent threats of violence to persons or property. There is no legal basis for
limiting NLRA protected communication in this manner.
Further, WMC opposes
expansions of the Wisconsin Fair Employment Act where a vast majority of
complaints are currently determined to have no probable cause for their
filing. Finally, there is no means for employers who often have costly
defense fees in WFEA claims to recoup their
costs.
For these reasons we
ask the members of the Wisconsin State Assembly to vote against SB 585.
501
East Washington Avenue, Madison, WI 53703-2914 P.O. Box 352, Madison, WI
53701-0352
Phone
(608)
258-3400
• Fax
(608)
258-3413 • www.wmc.org