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Split vote moves constitutional Workers' Rights proposal out of Pa. House
Eric Scicchitano, The Daily Item, Sunbury, Pa.
5 min read
May 3—HARRISBURG — A proposed amendment seeking to enshrine the right to organized labor and collective bargaining in Pennsylvania's constitution narrowly advanced out of the state House.
House Bill 950 passed Wednesday by a vote of 102-99. All Democrats voted in favor while all but one Republican, Rep. Thomas Mehaffie III of Dauphin County, voted in opposition.
The bill's immediate future seems in doubt as it moves to the Republican-controlled state Senate. It's an uphill battle for any proposed constitutional amendment to advance, say nothing for those inspiring partisan splits.
Proposed amendments must pass through both the state House and Senate in consecutive legislative sessions, requiring four successful floor votes atop of advancing out-of-chamber committees. Those proposals clearing the General Assembly are then posed as ballot questions put before Pennsylvania voters for ratification.
The proposal introduced by Rep. Elizabeth Fiedler, D-Philadelphia, would add a "Workers' Rights" section to the constitution that reads as follows:
"Employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours and working conditions, and to protect their economic welfare and safety at work. No law shall be passed that interferes with, negates or diminishes the right of employees to organize and bargain collectively over their wages, hours and other terms and conditions of employment and workplace safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment."
Republicans assailed the proposal as unnecessary and potentially harmful to workers. The right to organize unions and negotiate labor contracts is already afforded. Adding an amendment along those lines opens the door for unions to override state laws through collective bargaining, opponents said.
The specter of anti-union legislation motivated Democrats to propose the amendment. Fiedler spoke of the labor movement 100 years ago and how the fight continues for livable wages and benefits and safe workplace conditions across business sectors. The amendment would guarantee workers' rights, she said.
Rep. Barbara Gleim, R-Cumberland, said the bill language reflects that of a constitutional amendment approved last year in Illinois. She cited a study that found the amendment would impact more than 350 laws on the books in that state. No such study has been made for the potential ramifications in Pennsylvania.
"Would this bill make it easier for a government-run teachers union to have school shutdowns be a part of their contract? We don't know because we didn't do the homework," Rep. David Rowe, R-Union/Snyder/Juniata/Mifflin, said.
Split votes advance other billsRep. Malcolm Kenyatta, D-Philadelphia, said too often union workers have been painted as potential stalkers, those who would shut down schools for a self-serving agenda. The impending vote, he said, would reveal on which side legislators fall.
"Are you on the side of organized labor when it's campaign time, or are you on the side of organized labor and people when it's time to stand up for them?" Kenyatta asked.
Minority Leader Rep. Bryan Cutler, D-Lancaster, said the amendment equates labor rights with other fundamental rights like speech and due process, he said, endangering protections already in place if they're deemed in violation of a fundamental right.
"If we want to actually protect workers maybe we should work on the issues that I tried the last three times. How about we stop taxing poor people? Let's look at the poverty tax exemption. That would help people," Cutler said. "This is a lopsided attempt that will unfortunately further infringe worker freedoms."
Majority Leader Rep. Matt Bradford, D-Montgomery, said he thinks Cutler and others will be surprised when the Democratic majority puts forth bills that show Pennsylvania is open for business.
"I think he'll be surprised when we run a bill on the poverty exemption and an earned income tax credit at the state level. And we're going to do dependent care tax credit at the state level. And, you're going to see that being pro-worker is pro-business, and that actually is the very definition of being open for business," Bradford said.The successful passage of House Bill 950 ended a week that saw other split votes advance legislation intended to help workers.
House Bill 299, titled "The Jake Schwab Worker Safety Bill," advanced out of the House by a vote of 116-85. It would establish the Public Employees Occupational Safety and Health Act (OSHA), extending federal safety standards, with the opportunity for variances, to public sector employers and workers like municipal road crews, public school teachers and police officers. The standards are currently in place only in the commonwealth's private sector.
The bill would establish a compliance review board and inspection powers, required record keeping, enforcement and penalties with fines up to $10,000 for repeated violations. The state, local municipalities, school districts and other government entities would incur costs to implement and abide by the state's OSHA regulations.
A bill expanding the range of injuries and amount of compensation workers can collect for disfigurement under the Workers' Compensation Act moved out of the House by a margin of 112-88.
House Bill 930 proposes expanding serious or permanent disfigurement coverage beyond injuries only to the head, neck or face to include the entire body. Such disability coverage would extend up to 400 weeks under the proposal, far beyond the current limit of 275 weeks, and could be collected simultaneously with full or partial disability benefits.
Another bill, House Bill 760, advanced 114-86. It proposes insurers must offer a direct deposit option for the payment of benefits.
