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Support Washington's Worker Freedom Act!
UPDATE: House leaders didn't bring the Worker Freedom Act up for a vote before the March 14th cutoff deadline, so the issue appears to be dead for this session. However, this will be priority legislation for next year. So feel free to go ahead and read this Action Alert (which was posted prior to the bill's 2007 demise) and send the revised message below to your legislators that says, "WE WILL BE BACK IN 2008 TO FIGHT FOR WORKERS' FREEDOM!"
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No worker should have to choose between supporting unionization and losing their job. Yet according to the National Labor Relations Board, a worker is illegally fired or penalized every 17 minutes of the day in America for supporting a union. Existing laws aren’t protecting these workers.
That's why we need the Worker Freedom Act! It gives workers the freedom to choose whether they want to attend their employers' so-called "captive audience" meetings about unionization. Employees should not be forced -- under threat of loss of their livelihoods -- to attend meetings where they are subjected to indoctrination by their employer on issues unrelated to their work or job performance. The Worker Freedom Act would simply ensure workers' right to walk away.
| Sample Letter for Campaign |
Subject:
Dear [ Decision Maker ] ,
I'm writing to express my strong support for the Worker Freedom Act, which would give workers the freedom to choose whether they want to attend their employers' so-called "captive audience" meetings about unionization. (Although the bill died without getting a vote this year, it will be back in 2008 and I will again strongly urge its passage.)
Federal law says it's illegal for employers to harass or coerce workers considering unionization, but that law is rarely enforced. Union-bashing mandatory meetings, which have nothing to do with work or job performance, are inherently coercive and intimidating. Refusing to attend or expressing your opinion at one could cost you your job!
Under the Worker Freedom Act, employers would still have the right to express their opinions about unionization in many ways, including simply making these meetings VOLUNTARY. There is no reason why employers need to force their employees -- under threat of loss of their livelihoods -- to sit through these indoctrinations.
Free speech is a two-way street. Employers should have the right to express their opinions, but their workers should have the right not to listen.
Please support the Worker Freedom Act. This takes an important step in restoring workers' freedom to choose for themselves whether they want to form a union.
Thank you.
Sincerely,
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Campaign Launched:
March 14, 2007
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Freedom of speech is a two-way street. No one should be forced to listen to someone else's personal views or risk losing their family’s livelihood. No employer should be able to retaliate against employees who choose to avoid indoctrination that has nothing to do with their jobs.
What does the Worker Freedom Act do?
- Makes it unlawful for an employer to require employees to attend or participate in meetings where the employer lectures on religion, politics or union organizing.
- Prohibits the discharge or discipline of employees who report such unlawful, coerced meetings.
- Provides a civil court remedy for injunctive and equitable relief. Workers who have been retaliated against must bring action in Superior Court within 90 days.
Why is this bill necessary?
Currently, workers can be fired or disciplined for either declining to attend or expressing their personal views at such meetings. These meetings are the most coercive form of employer interference in union-representation drives. A Cornell University study found that employers force workers to attend such meetings in more than 90% of union-organizing campaigns.
Does the bill limit employer free speech?
No. Employers remain free to voice their opinions, conduct meetings and give lectures. This bill just protects a worker’s right to walk away and not listen. It eliminates force and coercion. Employers could still pass out literature and employees could still hear the employer’s views at voluntary meetings.
Freedom of speech is a two-way street. Employers should be free to state their views, but no one should be forced to listen to someone else's personal views at risk of losing their family’s livelihood. The Worker Freedom Act maintains employer freedom of speech while protecting the worker’s freedom to avoid indoctrination that has nothing to do with their employment.
Won’t this bill be preempted by the federal law?
No. The U.S. Supreme Court has made clear that “states possess broad authority under their police powers to regulate the employment relationship to protect workers within the state.”
State and local laws can and do regulate minimum employment standards that are not preempted by federal labor law, such as the minimum wage, just-cause terminations, anti-discrimination protections, and more.
The National Labor Relations Board’s General Counsel under President Clinton testified, “I believe a state is not preempted from providing protection to employees who choose not to listen to an employer’s views on unionization.”
Will this bill be bad for business?
No. Washington state has many employment standards that exceed federal standards and are intended to protect workers’ rights and make our state a better place to live, work and run a business. Our state economy is absolutely thriving because Washington remains an excellent place to do business.
Washington ranks 4th best in the nation in the 2006 Small Business Survival Index by the Small Business & Entrepreneur Council, a business lobbying group that advocates for regulatory reform. Even the ultra-conservative Tax Foundation think tank ranks Washington state 11th in “business friendliness.”
The Worker Freedom Act is about good corporate citizenship. It’s about treating employees with dignity and respect, and respecting their rights and freedoms. That’s good for morale, good for the community, and good for business.
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