LABOR LAW REFORM

WHEREAS, many employers violate the spirit, intent and the letter of the National Labor Relations Act to deny workers the right to organize and win collective representation; and

WHEREAS, workers, especially in the health care industry, frequently must face employer campaigns, often conducted by outside consultants, that include termination for organizing activities, captive meetings and threats and intimidation designed to punish and discourage workers from pursuing their lawful rights to organize and seek collective representation; and

WHEREAS, the health care industry employers divert patient care funds in order to finance the activities of union-busting consultants; and

WHEREAS, employers have the ability to thwart organizing efforts by postponing elections through endless bouts of litigation and procedural delays designed to demonstrate to their employees that worker rights under the NLRA are unenforceable; and

WHEREAS, employers have been able to exclude entire categories of eligible employees from the protection of collective representation based on the Yeshiva decision and its subsequent interpretations; and

WHEREAS, the recent U.S. Supreme Court decision in NLRB vs. Health Care and Retirement Corp. of America overturns 20 years of labor law doctrine to make it easier for employers to deny representational rights to nurses who in the course of their professional duties direct other staff; and

WHEREAS, it can take years of litigation for complaints against employer violations to be resolved; and

WHEREAS, any employer willing to accept fines can violate the rulings of the NLRB without fear of real sanction; and

WHEREAS, the ability of employers to hire permanent replacements emboldens employers to precipitate and prolong strikes, punishes workers for exercising their legitimate rights under the law and deprives them of their employment and livelihoods:

RESOLVED, that the AFT work with the AFL-CIO to reform U.S. labor law by streamlining election procedures to eliminate delays and permit certification through card checks, require employer neutrality and sanction those who willfully violate the NLRA, reverse the Yeshiva and the Health Care and Retirement Corp. of America decisions, expedite the resolution of unfair labor practice complaints, and protect individuals from discrimination or punishment resulting from the exercise of lawful organizing or union activities; and

RESOLVED, that the AFT encourage the establishment of true programs of labor management cooperation and quality improvement that do not undermine or subvert the rights of workers under section 8(a)(2) of the NLRA to participate in labor management cooperation voluntarily, through spokespersons of their own choice; and

RESOLVED, that the AFT continue efforts to enact legislation to prohibit employers from hiring permanent replacements in legal strikes.