WHEREAS:

Recent United States Supreme Court and U.S. Courts of Appeal decisions have taken away the rights of state employees to bring suit in federal court to enforce basic labor standards and non-discrimination laws including the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and the Family and Medical Leave Act (FMLA); and

WHEREAS:

Employee rights without a mechanism for effective enforcement is the equivalent of having no rights at all; and

WHEREAS:

Individuals currently have the right to seek redress of ADA and ADEA complaints through the Equal Employment Opportunity Commission, but the Department of Labor has no such mechanism; and

WHEREAS:

Labor standards and non-discrimination laws are the hallmark of a fair and just society and the Courts' decisions to deny state workers rights enjoyed by virtually every other worker in United States are both unfair and intolerable; and

WHEREAS:

AFSCME represents hundreds of thousands of state employees under collective bargaining agreements yet many thousands more are denied the right to engage in collective bargaining.

THEREFORE BE IT RESOLVED:

That AFSCME affiliates representing state workers develop broad scope negotiated grievance procedures so that employees may seek redress of claims of violation of federal labor standards and discrimination laws; and

BE IT FURTHER RESOLVED:

That AFSCME urge the U.S. Department of Labor to develop effective enforcement procedures for state employees' claims of violations of the FLSA and FMLA; and

BE IT FURTHER RESOLVED:

That AFSCME opposes federal judicial efforts to expand and strengthen state rights under the Eleventh Amendment; and

BE IT FURTHER RESOLVED:

That AFSCME attorneys will stand jointly and committed to the retention and recovery of federal employment rights such as those pursuant to the FLSA, ADA, ADEA and FMLA by assisting each other in advancing novel legal arguments, recapturing the wisdom of former court decisions, and supporting each other through whatever means necessary; and

BE IT FURTHER RESOLVED:

That legislative efforts will be pursued to the greatest extent possible to support the initiative to retain or recover the rights of state workers to bring action pursuant to federal employment laws; and

BE IT FINALLY RESOLVED:

That AFSCME will fight and stand committed to insure the election of worker-friendly candidates both at the state and federal level.

SUBMITTED BY:

Ronald C. Alexander, President and Delegate
Vanessa Tolliver, Secretary/Treasurer and Delegate 
OCSEA/AFSCME Local 11
Ohio

INTERNATIONAL EXECUTIVE BOARD