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| November 6, 2001 | |||
Pre-Empting Laws in 27 States
The Daschle Amendment is Anti-Federalism At 2:30 p.m. today, the Senate will stage a cloture vote on an amendment (No. 2044) to the Labor-HHS-Education appropriation bill (H.R. 3061) by Majority Leader Daschle that would force states to allow public safety unionism. The Daschle amendment would usurp the authority of all states; pre-empt the laws of 27 states; impose on those states an unfunded mandate of unknown cost; force policemen, firefighters, and emergency medical workers to surrender their bargaining rights; garnish the wages of these same workers; ban volunteer firefighters from many communities; and increase four-fold the likelihood of strikes that shut down police and fire departments.
For these reasons and more, the following state legislatures are among those that since 1998 have rejected - either by vote or inaction - legislation akin to the Daschle amendment. Bill numbers, subject, sponsor (where available), and year introduced are listed.
Arizona H. 2621 Public Employee Organization Rights 1999 REJECTED S. 1330 Public Employee Organization Rights 1999 REJECTED Arkansas S. 596 Public Employee Relations Act 1999 REJECTED Georgia H. 1482 Public Safety Collective Bargaining 1998 REJECTED S. 668 Public Safety Collective Bargaining 1998 REJECTED Indiana H. 1249 Public Safety Bargaining 1999 REJECTED S. 399 Public Safety Bargaining 1999 REJECTED H. 1108 Police & Fire Collective Bargaining 2000 REJECTED S. 238 Comprehensive Collective Bargaining 2000 REJECTED H. 1407 Police & Fire Bargaining 2001 REJECTED S. 100 Police & Fire Bargaining 2001 REJECTED S. 167 Police & Fire Bargaining 2001 REJECTED Kentucky H. 760 Public Safety Collective Bargaining 1998 REJECTED S. 435 Public Safety Collective Bargaining 1998 REJECTED H. 743 Comprehensive Collective Bargaining 2000 REJECTED H. 831 Local Employee Collective Bargaining 2000 REJECTED H. 334 Statewide Firefighter Bargaining 2000 REJECTED Mississippi H. 966 Public Safety Collective Bargaining 1999 REJECTED Missouri S. 156 Public Employee Negotiations 1999 REJECTED H. 1500 Comprehensive Collective Bargaining 2000 REJECTED S. 547 Comprehensive Collective Bargaining 2000 REJECTED S. 120 Collective Negotiations 2001 REJECTED New Mexico S. 49 Police & Firefighter Bargaining 2000 REJECTED S. 178 Comprehensive Collective Bargaining 2000 REJECTED H. 721 Public Employee Collective Bargaining Act 2001 REJECTED S. 75 Public Employee Collective Bargaining Act 2001 REJECTED North Dakota H. 1381 Political Subdivision Collective Bargaining 1999 REJECTED H. 1372 Political Subdivision Collective Bargaining 2001 REJECTED Tennessee H. 224 Firefighter Bargaining 1999 REJECTED S. 196 Firefighter Bargaining 1999 REJECTED H. 1099 Local Government Bargaining 1999 REJECTED H. 1601 Firefighter & Police Bargaining 2001 REJECTED S. 768 Firefighter & Police Bargaining 2001 REJECTED Texas H. 1099 Public Safety Collective Bargaining 1999 REJECTED H. 1345 Local Government Collective Bargaining 2001 REJECTED S. 729 Local Government Collective Bargining 2001 REJECTED West Virginia H. 2287 Public Employment Relations Act 1999 REJECTED H. 2407 Public Safety Meet & Confer 1999 REJECTED S. 62 Public Safety Meet & Confer 1999 REJECTED (Sources: Public Safety Research Council, National Right to Work Committee.)
In full, there are 27 states that have rejected - either by vote or inaction - the Daschle amendment's insistence on public safety unionism. Thus, the amendment would force governors and legislatures in each of the below states to re-write their laws in accordance with Senator Daschle's will:
Alabama
Arizona
Arkansas
Colorado
Delaware
Georgia
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maryland
Mississippi
Missouri
New Mexico
North Carolina
North Dakota
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
West Virginia
Wyoming
Many of these states' laws are silent on granting unions monopoly bargaining rights for public safety employees. Others allow limited unionism. Two states - North Carolina and Virginia - have passed laws explicitly prohibiting public safety unions. All would have their laws pre-empted by the Daschle amendment.
In February, 2000, voters in Grand Junction, Colorado, overwhelmingly defeated (68 percent to 30 percent) a referendum that would have allowed public safety unionism. Today, voters in Virginia will elect a new Senate, House of Delegates, and Governor. Previously, these voters expressed their will by electing a government that explicitly prohibited public safety unionism in the Commonwealth and they have shown no desire to lift that prohibition.
The Daschle amendment effectively would tell Virginians, Coloradans, and others that they may as well not bother to go to the polls, because elected officials from South Dakota and Nevada can override the will of the voters. It's the wrong message to send on election day.
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