Posted on 08/12/2011 8:20:45 PM PDT by newzjunkey
Our View: AB350: Unreasonable and unfair - Legislation would dictate to employers which workers would make up their labor force.
If you read Santa Ana Democratic Assemblyman Jose Solorio's explanation of his legislation, the controversial Assembly Bill 350, it's about helping low-wage workers keep their jobs in a tough economy.
Don't be fooled. It's really about helping the sponsor of the bill, the Service Employees International Union, retain union membership and improve its bargaining position.
The bill requires employers who win new contracts for building services — including janitorial, maintenance, security, window-cleaning and cafeteria services — to hire and retain the previous contractor's employees for three months. If the employees' work is satisfactory during that 90-day period, the new employer would be required to keep them on.
This is an unreasonable, unfair and unnecessary constraint on business. It would essentially dictate to an employer what his work force would be.
Under this bill, the new employer would not be able to interview or conduct a background check of the retained workers. Any business — a hospital or a hotel operator, for example — unhappy with the company that provided security or window cleaning previously, could contract with a new company but would still be stuck with the same work force.
Existing law calls for a 60-day retention period for janitors and maintenance workers. This measure expands the type of workers who would have to be retained — adding security guards, window cleaners and food-service employees.
It then tacks on another month to the time the new contractor or building owner would have to keep the old contractor's work force in place.
Finally, it bars the new employer from firing the retained worker unless the employer can show specific incidents in which the retained worker's performance was unsatisfactory.
The impetus behind this bill is the SEIU. Because it would require that existing union workers be retained, it would also keep in place a union contract even if a non-union contractor was taking over the service. The union thereby wins recognition automatically — not at the bargaining table, but by virtue of state law.
This bill was introduced twice in recent years and twice vetoed by then-Gov. Arnold Schwarzenegger. This year's version is flying through the Legislature, mostly along party-line votes with most Democrats lining up behind their labor union allies.
The test here is whether the new governor will do what's both right and fair.
The right of employers to choose their own workers should be basic. In service employment, in particular, the work force is the business. An employee's work ethic, demeanor, energy level and honesty matter.
To require an employer to take on a work force that is not their own, one that the business owner has not been allowed to vet, is just plain wrong.
SEIU's own propaganda piece championing AB350 (barf alert)
Who is John Galt?
This new rule is just crazy.
Cleaning and security companies often lose contracts because their some of their employees aren’t performing to the customer’s expectations.
Why should the new contractor be required to hire the same individuals who caused the last contractor to be fired?
We don’t need a Kalifornia politician to protect the SEIU, that seems to be the main job of our President.
Vote the scum out on 11/6/12!
Directive 10-289 (aka Directive AB350)
“In the name of the general welfare,” read Wesley Mouch, “to protect the people’s security, to achieve full equality and total stability, it is decreed for the duration of the national emergency that—
“Point One. All workers, wage earners and employees of any kind whatsoever shall henceforth be attached to their jobs and shall not leave nor be dismissed nor change employment, under penalty of a term in jail. The penalty shall be determined by the Unification Board, such Board to be appointed by the Bureau of Economic Planning and National Resources. All persons reaching the age of twenty-one shall report to the Unification Board, which shall assign them to where, in its opinion, their services will best serve the interests of the nation.
“Point Two. All industrial, commercial, manufacturing and business establishments of any nature whatsoever shall henceforth remain in operation, and the owners of such establishments shall not quit nor leave nor retire, nor close, sell or transfer their business, under pentalty of the nationalization of their establishment and of any and all of their property.
“Point Three. All patents and copyrights, pertaining to any devices, inventions, formulas, processes and works of any nature whatsoever, shall be turned over to the nation as a patriotic emergency gift by means of Gift Certificates to be signed voluntarily by the owners of all such patents and copyrights. The Unification Board shall then license the use of such patents and copyrights to all applicants, equally and without discrimination, for the purpose of eliminating monopolistic practices, discarding obsolete products and making the best available to the whole nation. No trademarks, brand names or copyrighted titles shall be used. Every formerly patented product shall be known by a new name and sold by all manufacturers under the same name, such name to be selected by the Unification Board. All private trademarks and brand names are hereby abolished.
“Point Four. No new devices, inventions, products, or goods of any nature whatsoever, not now on the market, shall be produced, invented, manufacturerd or sold afer the date of this directive. The Office of Patents and Copyrights is hereby suspended.
“Point Five. Every establishment, concern, corporation or person engaged in production of any nature whatsoever shall henceforth produce the same amount of goods per year as it, they or he produced during the Basic Year, no more and no less. The year to be known as the Basic or Yardstick Year is to be the year ending on the date of this directive. Over or under production shall be fined, such fines to be determined by the Unification Barod.
“Point Six. Every person of any age, sex, class or income, shall henceforth spend the same amount of money on the purchase of goods per year as he or she spent during the Basic Year, no more and no less. Over or under purchasing shall be fined, such fines to be determined by the Unification Board.
“Point Seven. All wages, prices, salaries, dividends, profits, interest rates and forms of income of any nature whatsoever, shall be frozen at their present figures, as of the date of this directive.
“Point Eight. All cases arising from and rules not specifically provided for in this directive, shall be settled and determined by the Unification Board, whose decisionswill be final.”
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