Legislative Alert, March 16, 2009

Welcome to the weekly legislative update brought to you from the Arizona AFL-CIO.  Your participation strengthens the union movement at the state legislature and beyond!  Your participation is needed – all affiliated are invited to join the weekly lobbyist meeting to collaborate efforts and plan strategies & tactics. The weekly meeting is every Friday @ 1:00 at IBEW Local 640 ~ 5808 N. 7th Street.  The next meeting will be Friday, March 20, 2009.

The House Passes HCM 2004 – Save our Secret Ballot NO! - (anti – union bill)

On March 11th, the House Committee of the Whole (COW)  passed HCM2004 by 33-19 along party lines with 8 not voting.  The HCR is titled Secret ballots; Protecting Fundamental Right.  This Memorial attempts to address Federal Legislation that hasn't even been introduced at the Federal Level in Congress.  The Federal Bill that they are attempting to pre-empt was titled the Employee Free Choice Act in 2008.  This is simply a memorial or a "post card" to send to congress expressing their opinion.  In a time of economic crisis this is a waste of time and energies when they should be focusing their efforts on "real issues and real problem." 

Rebekah Friend, Executive Director of the Arizona AFL-CIO stated, "This is nothing more than politics at its worst. At a time of deepening recession and the loss of homes and healthcare, our state legislature is throwing mud at a problem that simply doesn't exist. The Employee Free Choice Act is a bill pending before Congress that gives workers back the freedom to bargain with their employers for better benefits and wages. Our state representatives are spending their time going after working people when they should be trying to solve our state budget crisis and making sure our schools and fire stations stay open." 

• The Reality is The Employee Free Choice Act does not eliminate the secret ballot. There are currently two ways that workers can form a union, and that wouldn't change under this legislation.  Workers can form a union through a majority sign up process or they can form a union by an NLRB-sponsored election.  Today, however, employers decide HOW workers form their union, regardless of the workers' preference. 

The Republican leadership needs to focus their energies on the current economic crisis and how to help workers find jobs and services not silence their voice.  The leadership needs to focus their energy on what the needs of the state are, HCM2004 is making an issue out of something that really is not.

Federal Stimulus Money Saves the Day or at Least Childcare Funding

Just days before the child care centers were about the close, and following the Senate Democrats plea for a special session, the legislature took action.  Late last week the legislature met to make further adjustments to the FY09 state budget. In addition to some technical corrections, the FY09 "trailer" bill restored funding for childcare subsidies and various state programs in an effort to secure federal stimulus aid.  The restoration of funds will allow the state to satisfy one lawsuit and avoid several others. 

HB 2198 Settlement of Claims; Workers' Compensation – NO!

The Arizona AFL-CIO is strongly opposed to the passage of HB 2198. This bill, if passed, will prove to be a problematic law that would hurt new employers, hurt taxpayers, and take advantage of working families at a time that they are most vulnerable.

• HB 2198 is unfair to workers.  If an employee is forced to give a full and final settlement it would eliminate that employee's ability to get a claim later on, as current law allows them to do in most cases.
•  HB 2198 is vague. There is no dispute language included in the bill, and there is no structure to the settlements. This could very well result in court challenges and unneeded conflict between employers. For example, according to the Industrial Commission, "an injured worker is not allowed to settle the case by giving up the right to reopen the claim for more medical treatment, since it is difficult to know what the medical treatment will cost in the future."
•  HB 2198 promotes judicial activism. The Industrial Commission has also expressed concerns that its administrative law judges will have to act in a partial (rather than impartial) manner when deciding these worker's compensation cases.
• HB 2198 hurts taxpayers. It will allow workers' compensation carriers to shift the cost of future medical treatment from our workers' compensation system on to AHCCCS.
• HB 2198 hurts businesses. HB 2198 hurts employers who hire a previously injured workers because it makes it more likely that the worker who previously settled his worker's compensation claim and is working at a new job will file a new claim if he has additional medical problems rather than reopen his old claim.

The Week Ahead

It appears from the current schedule that all eyes are on the budget.  Most of the committee's have finished hearing bills and are now putting their sights and energy onto the budget.  We expect no movement on bills this week. 

Join the CWA Brothers and Sisters Next Monday, February 23rd

UNION RALLY AT STATE CAPITOL TO FEATURE STATE EMPLOYEES ~ LIFE-SAVING WORK THREATENED BY BUDGET CUTS

Legislators To Join State Employees Calling on Governor to "Let Us Vote"

State Employees and supporters will rally at the State Capitol and call on the Governor to "Let us Vote" for a formal union with the ability to meet and confer with management to improve the quality of state services, reduce costs, and improve agency efficiencies.

WHAT: A rally on the house lawn of the State Capitol will highlight testimony from state employees and legislators. After the rally state workers with the Arizona State Employee Association – CWA will break into groups and lobby their legislators.

WHEN: 11:00 a.m. – 12 noon, Monday, March 23, 2009

WHERE: State Capitol, 1700 W. Washington

WHO: State Employees affected by budget cuts, furloughs, layoffs and elimination of state childcare. Supportive legislators including Rep Steve Farley and Sen. Linda Gray

WHY: "Governor Brewer is making broad cuts without knowing the grave consequences" said Stephanie Seigla of the Arizona State Hospital. "As a state employee of 4-years I see ways the state wastes money, and we should have a say in eliminating that waste. It's time for Governor Brewer to let us vote and for us to meet and confer on these important issues." Governor Napolitano first granted meet and confer to workers at the Department of Corrections. It was so successful that she extended it to all cabinet-level agencies via executive order, recognizing that those at the front line should be empowered to have a say in decision-making. Now Governor Brewer should honor this executive order and let employees vote whether or not they want a union in their workplace.

One Big Happy Family- Well Maybe Not

According the Arizona Republic there are several Republican legislators are talking of bullying behavior from the Gov's office.  There are talks of perceived "threats," "blackmail" and scare tactics. 

It seems that the Republican legislators have been grumbling over a lack for direction from the Governors office and when Brewer announced a budget rescue with a possibility of a tax hike is sent heads spinning.  Two GOP legislators Rep. Carl Seel and Sen. Gould walked out Brewer with her mid-speech at her mention of raising taxes. 

When the governor talked about the need for immediate action or 18,000 children would loose childcare assistance Biggs said it was a "political weapon."  Gould said, "I don't respond well to threats and I don't respond well to blackmail.  Gould and Biggs were among 10 legislators, all Republicans, who voted against the childcare legislation Brewer sought. 

Hero and Villain of the Week

The hero of the week is Rep. David Lujan for standing up on the floor for during the debate on HCM2004 and saying, "This is once again missed priorities and we should be focusing and issues that will help workers."  The Villain of the week is Speaker Kirk Adams for spending so much time focusing on issues that do nothing the help the state budget and help working families in a time of need. 

Can You believe they Said That?

It is worth mentioning once again, that Rep. Biggs stated, that Brewer was using a letter warning lawmakers to take action as a "political weapon."  Since when is the reality of 18,000 children loosing childcare services at the end of the week a "political weapon"  it is called reality.  Cutting funding for childcare services when the money runs out is the reality.  The day before they spent time passing bills that did nothing to deal with the crisis at hand, they voted to send a postcard to congress urging them to not pass an anti union bill that was barely given a bill number. 

The Arizona Legislature 101

Third Reading?.once a bill passes the house and the Senate it then goes back to the House and if it is unamended by the Senate the measure goes to the Governor.  After the Bill is received by Governor having been passes by both House and Senate, the Governor may sign the Bill or allow the Bill to become law.   Without the Governor's signature or  if the Governor takes no action during the next five days or ten days after adjournment.  Then the bill becomes law – a part of the Arizona Revised Statutes.

Next week?what happens if a bill is amended by additional or deletion of material.