Posts Tagged ‘Unions’


Anti-union advocates pervert notion of bullying in the workplace

Thursday, September 25th, 2014

For 12 years we have led advocacy for state laws to prohibit health-harming abusive conduct (workplace bullying). The bill — the WBI Healthy Workplace Bill — has no hidden agenda. It is straightforward in its purpose and language. We are trying to right a wrong. Opponents are apologists for employer abuse, plain and simple. They choose to protect employers’ rights over workers’ rights to employment free from abusive interference. When they oppose the HWB, they distort and pervert the terms of the bill. They lie in their testimony without consequences. Lawmakers blindly appease the business lobby.

Michigan, a state dominated by Republicans in recent years, became a right to work state. That means if unions exist, they must serve all workers whether or not they pay union dues. It is a tactic designed to bankrupt unions. Now comes Michigan State Rep. Kevin Daley with an “anti-bullying bill” (HB 5847) that purports to “protect” workers from unions who post names of workers who opt out of union membership.

We are mired in distorted semantics. The moniker “right to work” is promoted as freedom while it actually discourages unions who can bargain with employers for more rights and privileges than workers as individuals can never attain.

Opting out of union membership violates the free market concept of fairness in that one must pay for services received. Benefits of union membership should accrue only to those who belong to unions. If you want the benefits without paying for them, you are a freeloader. So, while proponents of “free markets” and unbridled capitalism feel no sympathy for those lowest on the economic rung, even calling them lazy (as Speaker of the House John Boehner did while on a 7 week vacation), they are the same people who want workers in right to work states to bleed unions dry by forcing services to be provided to non-members.

If Rep. Daley cares about workers not being bullied, then he should introduce the HWB! We dare him.

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Healthy Workplace Bill legislation: A 2014 perspective on distorted amendments

Monday, July 14th, 2014

The Healthy Workplace Campaign is WBI’s effort to enact anti-bullying legislation for the American workplace state by state. The model bill is called the Healthy Workplace Bill (HWB).

Features of the HWB

• Suffolk University Law Professor David C. Yamada, text author, used federal Title VII Civil Rights laws as basis

• Defines severe abusive conduct — does not use term workplace bullying

• Provides legal redress for anyone subjected to abusive conduct, whether or not the person is a member of a protected status group

• Requires that abusive conduct result in either demonstrable health or economic harm to plaintiff

• Plaintiffs who file lawsuits make public formerly hidden, confidential employer processes that hide and deny bullying

• Prohibits retaliation against any participant in procedures involved in dealing with the abusive conduct complaint

• Requires plaintiffs to hire private attorneys, no fiscal impact on state government

• Provides incentives (affirmative defenses) for employers who implement genuine corrective procedures

• Preserves managerial prerogative to discipline and terminate employees

• Does not interfere with state workers’ compensation laws or union CBAs

We named the HWB in 2002. All other uses of the name HWB are unauthorized by us. California first introduced the HWB in 2003. It has been carried in over half of states and two territories since. The Workplace Bullying Institute trains and provides support to a national network of volunteer Sate Coordinators who lobby their respective state legislators to sponsor the HWB. You can track its status at the HWB website.

Botched Amendments & Unanticipated Consequences

As authors of the HWB, we naturally want the full and original version of the bill enacted into law. And we realize compromises will be made during the process. It is “sausage making,” after all. We just wish all bill sponsors would refuse to allow major revisions that change the spirit of the bill from protecting abused workers to something else. Since the HWB was first introduced, different amendments have been proposed or made.
Often the well-intended sponsor, a pro-worker advocate, agrees to compromise adopting the belief that the law can be built in steps. Let’s get this version passed now and it will be revisited in the coming years and supplemented with the other desired provisions.

(more…)

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