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

State Public Funds Protection Act Keep Taxpayer Dollars Out of Union Organizing Campaigns

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.

View a PDF of the proposed legislation

Also See:

EEOC Updates Guidance on Employer Use of Arrest and Conviction Records

Jobs Bill for New Veterans Would Enlist Local Business Leaders as Mentors

Domestic Partnership Benefits and Obligations Act Clears Senate Committee

Justice Department Will Not Challenge Worker Rights Consortium's Designated Suppliers Program for Collegiate Apparel

US Labor Department Publishes Revised List of Products Made with Forced or Indentured Child Labor

Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Equal Employment Opportunity Commission

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

DP Manufacturing, Inc.

Auto Crane Company

Hosanna-Tabor Evangelical Lutheran Church and School

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

Industrial Division of the Communications Workers of America

Visteon Corp.

ConocoPhillips

Google, Inc.

U.S. Airways, Inc.

AT&T Corp.

Rosen Louik & Perry, P.C.

FBL Financial Group, Inc.

Granite Rock Company

International Game Tchnology

International Brotherhood of Teamsters

Manhattan Apartments Inc.

International Brotherhood of Teamsters, Freight Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL-CIO)

J. Kaz, Inc.d.b.a. Craftmatic of Pittsburgh

State Lottery Commission of Indiana d.b.a. The Hoosier Lottery

Association of Professional Flight Attendants

Kellogg Brown & Root technical Services, Inc.

AMR Corp.

Service Employees International, Inc.

American Airlines, Inc. a.k.a. American Eagle

Zurich American Insurance Co.

Highgate LTC Management, LLC

Autozone, Inc.

Southwestern Bell Video Services, Inc.

Temco Service Industries, Inc.

SBC Telecom, Inc.

14 Penn Plaza LLC

SBC Services, Inc.

Pacific Telesis Group

City of Philadelphia

Pacific Bell Telephone Co.

Northeastern Land Services, Ltd. d.b.a. NLS Group

Pacific Bell Information Services

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Advanced Solutions, Inc.

Gold’n Plump Poultry, Inc.

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