Federal legislation that would intrude on the constitutional delegation of powers to local and state governments is on the move in Congress. HR 413 and S 3194 would establish a federal "312" law and force municipalities around the country to enter into collective bargaining agreements with their public safety employees, regardless of state and local laws. Click here to contact your congressional representative as well as Senators Levin and Stabenow and ask them to oppose these bills!
Congressman Dale Kildee of Michigan and Senate Majority Leader Harry Reid of Nevada have introduced the bills. Senator Reid has gone so far as to use a Senate rule to bypass the committee process an place the bill immediately on the Senate floor. This could mean a vote is forthcoming in days. Its introduction is so new that, as of this post, a copy is not yet even available!
The League and National League of Cities, oppose the legislation because it would place the federal government, through the Federal Labor Relations Authority, in charge of establishing the rules and procedures governing collective bargaining around salaries, hours, benefits, and conditions of employment at the municipal level.
And despite what you may hear, the bill does not protect states like Michigan that have collective bargaining laws. It would turn over authority to determine whether we were in compliance to the FLRA and the bill is so vague, there is no way to know what rules they would put in place.
Contact Congressman Kildee, your own congressional representative as well as Senators Levin and Stabenow and tell them to oppose the bill. Tell them that you know what is best for your community. That Michigan already has a similar law in place and that H.R. 413 and S 3194 would preempt local control by placing us at the mercy of a federal agency. That the federal government should respect the longstanding distinction between state and local responsibilities and federal ones.
If they cannot oppose the bill, then tell them to amend it to 1) exempt all states from oversight by the FLRA if they have a collective bargaining law in place for their public safety officers at the time of passage of H.R. 413 or S. 3194 and, 2) exempt from oversight by the FLRA all states that adopt within 2 years of passage of the bill state legislation establishing collective bargaining rights for public safety officiers. The first amendment protects Michigan, the second, all other states.
Arnold Weinfeld covers federal issues for the Michigan Municipal League. He can be contacted at 517-908-0304 or by e-mail.
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