Government Affairs REPORT

Bill contradicting federal labor law to be amended barring employee meetings

(May 13, 2005) A bill approved by the legislature’s Judiciary Committee that contradicts the National Labor Relations Act (NLRA) and rulings of the National Labor Relations Board (NLRB) could be amended to include another provision eroding employers’ rights to communicate with employees.

As approved by one vote in the Judiciary Committee, HB-6225 requires every nonprofit organization receiving state financial assistance to sign a neutrality agreement under which the employer would agree to remain silent on the question of union representation.

But because the bill collides with federal labor law — the state Office of Legislative Research has already advised legislators that the NLRA likely pre-empts the bill — legislators are expected to strip the bill and replace it with an earlier proposal.

Through an amendment to HB-6225, proponents plan to revive a union-backed measure (SB-277), which earlier died of no action in the Judiciary Committee. SB-277 would have banned employers from requiring their employees to attend meetings in which the employer communicates its opinions about political, religious or labor-organizing activities.

Employees, however, are entitled to balanced information from all perspectives when making decisions about union representation, as confirmed by the NLRB. The NLRB has specifically determined that employers have the right to hold meetings to address issues related to union organizing campaigns.

According to the NLRA, “the expressing of any views, argument, or opinion, or the dissemination thereof ... shall not constitute or be evidence of an unfair labor practice if such expression contains no threat of reprisal or force or promise of benefit.”

In addition, this measure would promote new civil litigation. Under the NLRA, sanctions for violations of the NLRA are entirely remedial. This bill would introduce punitive sanctions including civil penalties and the awarding of attorney’s fees by making any violation of the act an unfair trade practice.

Written to favor union-organizing activities, the bill would also block much-needed appeals to employees by such local and state charity efforts as the United Way or tsunami relief.

Allowing employers to talk with their employees about the importance of their industry to Connecticut’s economy and quality of life benefits both groups.

CBIA urges its members to contact members of the House and encourage them to reject the amendment (LCO 6287) to HB-6225.
• House Democrats 860-240-8500
• House Republicans 860-240-8700

For more information, contact CBIA’s Bonnie Stewart at stewartb@cbia.com or 860-244-1900. n