AG says worker privacy bill conflicts with fed law
Thursday, July 23, 2009 | 11:03 am
Republican lawmakers got news today they hope will prevent a major pro-labor bill from getting resurrected in the Legislature in 2010.
Jeff Even of the Attorney General's office signed the formal opinion (attached) that concludes elements of legislation known alternately as the Worker Privacy Act or the Gag Bill are pre-empted by federal law. He sent it to Sens. Mike Hewitt and Janea Holmquist on Wednesday.
Backers view the bill as a check against employers compelling workers to listen to anti-union diatribes, especially in the heat of unionizing efforts. Opponents said it would prevent employers from communicating with their workers on a range of subjects.
From the opinion:
Senate Bill 5446 "would be preempted for two independent reasons. first, the bill proposes a state prohibition and sanction for employer actions that arguably are already prohibited by the NLRA (National Labor Relations Act) in some circumstances. Second, the provisions of SSB 5446 could be applied to limit the type of employer speech regarding union organization that Congress intended to be controlled by the free play of economic forces and reserved for market freedom."
This formal opinion reiterates and expands upon an advisory letter issued by the department during debate on the bill in the 2009 legislation.
In 2009, the legislation was Big Labor’s top issue and Big Business’ biggest target. It never reached a vote in either chamber because, as you may recall, this is the legislation killed by Democratic leadership in the wake of a flap over a labor leader's e-mail.
"We're very happy that this opinion came through," said Senate Minority Leader Mike Hewitt, R-Walla Walla, adding he hopes this will block the bill's return in 2010.
Jeff Even of the Attorney General's office signed the formal opinion (attached) that concludes elements of legislation known alternately as the Worker Privacy Act or the Gag Bill are pre-empted by federal law. He sent it to Sens. Mike Hewitt and Janea Holmquist on Wednesday.
Backers view the bill as a check against employers compelling workers to listen to anti-union diatribes, especially in the heat of unionizing efforts. Opponents said it would prevent employers from communicating with their workers on a range of subjects.
From the opinion:
Senate Bill 5446 "would be preempted for two independent reasons. first, the bill proposes a state prohibition and sanction for employer actions that arguably are already prohibited by the NLRA (National Labor Relations Act) in some circumstances. Second, the provisions of SSB 5446 could be applied to limit the type of employer speech regarding union organization that Congress intended to be controlled by the free play of economic forces and reserved for market freedom."
This formal opinion reiterates and expands upon an advisory letter issued by the department during debate on the bill in the 2009 legislation.
In 2009, the legislation was Big Labor’s top issue and Big Business’ biggest target. It never reached a vote in either chamber because, as you may recall, this is the legislation killed by Democratic leadership in the wake of a flap over a labor leader's e-mail.
"We're very happy that this opinion came through," said Senate Minority Leader Mike Hewitt, R-Walla Walla, adding he hopes this will block the bill's return in 2010.
Most recent The Petri Dish posts
- Sullivan won't drop out of special election May 21
- Special election chaos: DelBene, Ruderman join Burner in contest May 18
- Sen. Chase's daughter to run in special election May 15
- Koster 'not inclined' to run in special election May 14
- Councilman Sullivan to run in special congressional election May 13
Comments
(
