NLC Testifies Against Federal Collective Bargaining Legislation
by Neil Bomberg
 Ellis Hankins, executive director of the North Carolina League of Municipalities, testified in opposition to H.R. 413, the Public Safety Employer-Employee Cooperation Act of 2009, before the House Subcommittee on Health, Employment, Labor and Pensions last week.
The bill would require that every state, county, city and town collectively bargain with their police officers, firefighters, emergency medical technicians and corrections officers, regardless of state and local laws. NLC has opposed this legislation since it was first introduced 15 years ago by Rep. Dale Kildee (D-Mich.),
Hankins asked the members of the subcommittee not to fix what isn’t broken. For centuries, states and local governments have developed procedures for addressing the needs of their employees, taxpayers and citizens. They have done so with and without collective bargaining, through laws that are designed to “provide their workers with excellent working conditions, competitive salaries, excellent health and pension benefits, and a working environment that is safe and appropriate.” He added that this bill would put the federal government in charge of what has been a state and local function for no compelling reason.
Citing the Constitution, Supreme Court decisions and existing law, Hankins noted that this bill disregards and disrespects the democratic decision making process employed by states and localities to decide how best to interact with their employees.
“This bill seeks to replace local solutions with a one-size-fits-all national solution,” he said.
Hankins added that it would substantially alter the relationship between local elected officials and their employees by forcing every local government to enter into federally sanctioned collective bargaining with their workers regardless of state and local law; it would place serious financial burdens on every state, county, city and town; and it would worsen the precarious fiscal situation states, counties, cities and towns face, thereby threatening the economic recovery currently taking place.
Hankins noted other problems with the legislation. It would only apply to public safety officers, thereby giving one type of employee different rights than other types of employees; would affect every state and local government, even those with collective bargaining, because they would be subject to a federal review and might have to make substantial changes in their state collective bargaining laws to meet federal standards; and would force states and local governments to meet collective bargaining standards that it, the federal government, refuses to apply to its own law enforcement personnel.
“Simply put,” Hankins said, “you may think your collective bargaining laws and practices are fixed, [but] the federal government may find that you are broken.”
Joining NLC’s testimony were the North Carolina League of Municipalities, National Association of Counties, National Association of Towns and Townships, National School Boards Association, International City/County Management Association, International Municipal Lawyers Association, International Public Management Association for Human Resources and National Public Employer Labor Relations Association.
Supporters of the legislation who testified included firefighters and police representatives. Opposition also came from the National Right to Work Committee.
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