Employment Law Updates | New Proposed Legislation
February 1, 2011
State Public Funds Protection Act Keep Taxpayer Dollars Out of Union Organizing Campaigns
State Public Funds Protection Act
H.R. 6346, 11/22/2010
Representative John Conyers, Jr. (D-MI) has introduced H.R. 6436, the “State Public Funds Protection Act.”
The SPFPA would explicitly state that the National Labor Relations Act does not preempt state laws that prevent state funds from being used by government contractors or unions in union organizing campaigns.
The Act would overrule the 2007 U.S. Supreme Court decision of Chamber of Commerce v. Brown, which struck down a California statue that barred the recipients of state funds from using taxpayer dollars to “assist, deter, or promote” union organizing. H.R. 6436 is also cosponsored by House Veterans Committee Chairman Bob Filner (D-CA).
“On June 19, 2010, the Supreme Court preempted several important laws which protected the integrity of state and local taxpayer dollars in the case of Chamber of Commerce v. Brown,” said Conyers. “These important laws ensured that state and local governments maintained neutrality in labor disputes by ensuring that no state or local public funds could be used to assist, promote, or deter union organizing.”
“This is why I have introduced H.R. 6436, the ‘State Public Funds Protection Act.’ This important legislation would reverse the Supreme Court’s erroneous and activist decision. This decision was flatly contrary to Congressional intent and significantly impairs the sovereign right of states and localities to determine how taxpayer dollars are used.”
The bill has been referred to the House Committee on Education and Labor for deliberation and study.
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