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Resolutions & Amendments

31st International Convention - San Diego, CA (1994)

Collective Bargaining Legislation

Resolution No. 16
31st International Convention
June 27-July 1, 1994
San Diego, CA

WHEREAS:

            Public sector employees in many states are still struggling to win the basic rights and protections gained by private sector workers under the National Labor Relations Act almost 60 years ago; and

WHEREAS:

           A confusing conglomeration of state laws, local ordinances and executive orders characterize public sector labor relations, with no equitable and uniform standards; and

WHEREAS:

            Only twenty three states have enacted comprehensive collective bargaining laws for public employees. Thirteen states have no state legislation for any bargaining whatsoever. In the remaining states, the picture is mixed, with certain groups of public workers having full bargaining rights and others very limited rights; and

WHEREAS:

            Over two million federal employees are denied many basic bargaining rights. The Clinton administration has begun to address this problem through the National Performance Review and the National Partnership Council. Executive Order 12871, "Labor-Management Partnerships," significantly increases the scope of bargaining in the federal sector; and

WHEREAS:

            The world community, through the International Labor Organization's Committee on Freedom of Association, has investigated the failure of the U.S. government to assure the basic right of free association to its public employees. The Committee found that many public employees are denied basic rights; and

WHEREAS:

            More than 200,000 public employees throughout the Commonwealth of Puerto Rico, which is neither a state of the Union, nor an independent republic, are denied the right to collective bargaining which has not only made these workers second class citizens economically, but has also denied them basic democratic rights to which all workers are entitled; and

WHEREAS:

            The Secretary of Labor has formed a Task Force on Excellence in State and Local Government through Labor-Management Cooperation. The Task Force will investigate the state of labor-management cooperation in state and local government. The Task Force will investigate what changes, if any, should be made in the present legal framework, including collective bargaining and civil service legislation, to enhance cooperative behaviors and improve delivery of services; and

WHEREAS:

            The constitutional basis for the enactment of federal collective bargaining legislation which would afford state and local government employees the basic rights already enjoyed by private sector workers has been firmly established by the Supreme Court of the United States.

THEREFORE BE IT RESOLVED:

            That AFSCME affirms its support for enactment of federal legislation to establish a rational framework extending full collective bargaining rights to all state and local government employees; and

BE IT FURTHER RESOLVED:

           That until such federal legislation is enacted, AFSCME will work in individual state and local jurisdictions to achieve legislation giving public sector workers full rights and protections to organize and bargain collectively; and

BE IT FURTHER RESOLVED:

            That AFSCME will monitor closely the proceedings of the Task Force on Excellence in State and Local Government through Labor-Management Coop­eration providing any assistance necessary to fully illuminate the condition of labor-management relations in state and local government; and

BE IT FURTHER RESOLVED:

            That the achievement of collective bargaining rights for Puerto Rico's public employees will raise the standard of living for these workers, as well as all Puerto Ricans, and stimulate economic growth and social development in the Commonwealth; and

BE IT FINALLY RESOLVED:

            That AFSCME supports enactment of legislation for all federal employees, legislative, executive and judicial, to codify the provisions of Executive Order 12871 and the recommendations contained in the report of the National Part­nership Council.

SUBMITTED BY:    

 

Stephan Fantauzzo, Delegate
AFSCME Local 615, Council 62

Barry Holder, Delegate 
AFSCME Local 876, Council 62
Indiana