WHEREAS:

            The political landscape after the 2010 elections, which gave the right wing new power in the U.S. Congress and in state legislatures and city councils across the country, spurred some politicians to mount a brazen attack on workers’ rights.  Often under the pretense of budget problems and fiscal emergency, almost 1,000 bills, designed only to weaken or eliminate unions and take away workers’ rights, were introduced in 2011 and 2012 legislative sessions.  Even in states with no public sector bargaining, worker rights are being taken away through personnel and civil service “reform”; and

WHEREAS:

              The scope of these attacks was unprecedented.  Eliminating or severely curtailing public sector collective bargaining rights was at the top of the list, but the attacks included eliminating dues deduction and eliminating deductions for political activity.  So-called right-to-work laws were introduced in state legislatures, as were laws banning project labor agreements.  Prevailing wage requirements were attacked with a bill to repeal the Davis-Bacon Act in the U.S. Congress and attacks on state prevailing wage provisions.  Newly elected governors cancelled executive orders granting workers’ rights; and

WHEREAS:

            AFSCME and our allies mounted a fierce counterattack.  Much of this legislation died in committee or at the end of sessions.  However, some legislation was enacted.  The people’s defeat of collective bargaining restrictions in Ohio and the heroic recall effort in Wisconsin are widely known.  Laws eliminating or curtailing public sector collective bargaining rights were also passed in Idaho, Indiana, Maine, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, Oklahoma and Tennessee. In Michigan, the Emergency Financial Manager law gives unelected “local dictators” the power to not only abrogate collective bargaining agreements, but to unseat democratically elected local officials. In addition to Wisconsin, laws restricting dues deduction were passed in Michigan and North Carolina.  Indiana passed so-called right-to-work legislation.  Laws eliminating project labor agreements were enacted in Arizona, Iowa, Idaho, Louisiana, Maine, Michigan Tennessee and Virginia and prevailing wage restrictions were passed in Alaska, Indiana, Louisiana, Ohio and Wisconsin.  Executive orders providing rights to child care workers were cancelled in Michigan, Ohio and Wisconsin. Arizona enacted sweeping personnel reform, making almost all employees at-will; and

WHEREAS:

            The limits on dues deduction for political purposes being pursued by corporations, right-wing foundations and national anti-union lobbying groups are particularly offensive.  Under the banner of “paycheck protection,” these groups, who contributed over $1 billion in 2010 – 19 times more than labor unions - want to silence workers’ voices by eliminating their right to contribute to political causes through paycheck deductions.  These more correctly named “paycheck deception” laws were passed in Alabama and Arizona, although court challenges are pending.  An initiative will be on the ballot in California in November.  It will stop the collection of political funds through payroll deduction.  Of course, corporations almost never use payroll deduction to collect funds; and

WHEREAS:

            In Georgia, legislators tried to go too far.  An anti-picketing bill, SB 469, written by the Georgia Chamber of Commerce, would have imposed $1,000 fines on people who picketed outside the homes of corporate executives or outside some businesses.  It was such an egregious violation of free speech rights that the Atlanta Tea Party joined with labor and environmental groups to defeat it; and

WHEREAS:

            Collective bargaining is a fundamental democratic right – one enjoyed by most private sector workers in the United States since the National Labor Relations Act was passed in 1935. The basic rights and protections gained by private sector workers over seventy-seven years ago have always been denied to a large number of public sector employees.  An irrational patchwork of state laws, local ordinances and executive orders characterizes public sector labor relations for those public employees with some rights, with no equitable or uniform standards; and

WHEREAS:

            The Universal Declaration of Human Rights, unanimously adopted by the United Nations in 1948, as well as the International Covenant on Civil and Political Rights, ratified by the U.S. in 1992, confirm the fundamental right “to form and join trade unions.”  The International Labor Organization’s 1998 Declaration on Fundamental Principles and Rights at Work, as well as ILO Conventions No. 87 and No. 98, further emphasize the right to freedom of association.  International human rights groups have warned that measures in state legislatures restricting collective bargaining rights would violate international law and U.S. courts are becoming more willing to cite these international laws; and

WHEREAS:

            Organized religions, including the National Council of Churches, representing 35 Anglican, Orthodox, Protestant, historic African-American and Peace churches, the Roman Catholic Church and the Central Conference of American Rabbis, hold the right to form and join trade unions fundamental to their faiths; and

WHEREAS:

            Contrary to the shrill ranting, taxpayers are better off in states where public service employees have collective bargaining rights. Per capita income is higher in states that recognize the right of public service employees to unionize, and eight of the top 10 states ranked by disposable income recognize the right of public service employees to unionize. Nine of the bottom states in terms of per capita income do not.

THEREFORE BE IT RESOLVED:

            That AFSCME and its affiliates continue to vigorously oppose these attacks on the collective bargaining rights of workers and attempts to silence workers’ voices.  We will hold elected officials accountable for actions that weaken collective bargaining or workers’ political rights; and

BE IT FURTHER RESOLVED:

            That AFSCME will seek to repeal the laws and restore public sector workers’ rights in those fifteen states that have eliminated or curtailed bargaining rights, eliminated dues deduction or passed “paycheck deception” acts. We will work with our allies to restore project labor agreement provisions and prevailing wage laws, and restore private sector rights taken away by the Indiana right-to-work law.  We will continue to fight to correct long-standing wrongs, including restoring collective bargaining rights to Indiana public workers and to child care workers who enjoyed those rights briefly, only to see them taken away; and

BE IT FINALLY RESOLVED:

            That AFSCME and its affiliates will continue to fight the attacks by educating the public and our allies about the fundamental democratic right to a voice in the workplace and in the political arena.