H.R. 2587, the Outsourcers Bill of Rights Act

Received notice of this bill by email newsletter today from Congressman John Olver, Massachusetts Cong Dist 1; which happens to be the Congressional District where I live (West Springfield Massachusetts).

I am commending Cong. Olver’s alertness about the bill which appears to be an un-necessary and un-modern TILT of the customarily neutral posture of the Federal Government in Labor Relations.  It is a complete swell to management/business owners which ultimately removes from the bargaining table and its refereed neutrality, the right of labor unions and individuals to negotiate the conditions and terms of their work.  That has always included the location of work , the amount etc. 

Contracting out –out sourcing  -whatever the case or name, is the outside lease-away or sell-away of domestic productivity and lifeblood, the livelihoods of all workers , unionized or not.   Many businesses have peaceably done so, for saving manufacturing costs of parts, assembly components, etc; particularly the automobile industry.

That it would be removed by LAW from bargaining and barred by US Law from consideration in a labor contract; as well as removed from “bad faith”  determinations by the National Labor Relations Board  in a jurisdiction limitation is as severe a tilt in the neutral posture of US Labor Law, as could be achieved.  It is as serious as if the US Congress and President had barred owners and management from removing  employees from a payroll in layoffs, or disputes over cutbacks and plant closures.  That has been a sought-after measure in some past Democratic Party dominated US Congresses.

The amount, places of  labor and and similar workplace issues have been negotiated in a labor contract is our tradition, and the US Labor Law has led in keeping that bargaining posture by maintenance of neutrality – which includes not statutorily eliminating certain factors and conditions of work from  the bargaining process.

The classic legal prohibitions of either management or labor choice which cannot be ceded or sought in relief are:   minimum wage; legal  safety procedures & regulations; statutory overtime requirements; and child labor laws.

None of these can be negotiated away.  Nor, similarly, should the issue of out-sourcing.  Let the labor pool, its representatives and management continue to negotiate the issue.  For the Federal Government to impede the issue’s negotiated resolution by favoring management creates a seriously unfair tilt away from neutrality to management and business owners.

A quote from Cong. Olver’s newsletter follows:

“On September 15, I voted against H.R. 2587, the Outsourcers Bill of Rights Act, which would remove the only meaningful legal remedy available to workers if a company illegally moves operations or eliminates work because workers engage in protected activities like forming a union or collective bargaining. “