American Federation of Teachers-Oregon passed its top priority — a bill (SB 989) that eliminates the confusing double ballot in Oregon University System (OUS) faculty representation elections. Currently, faculty employed by the OUS must first vote to have representation, then vote again to designate a particular union for their representative.

Building trades unions also had some successes. The Legislature authorized bonds that will provide $65 million to renovate the Transportation Building on the Capitol Mall and $75 million for a 451-bed dormitory at the University of Oregon. And a bill (HB 3651) backed by Oregon State Building and Construction Trades Council (OSBCTC) will require payment of the prevailing wage rate on solar energy systems constructed on public property. OSBCTC Executive Secretary Bob Shiprack said the bill was a response to a 2008 ruling that workers installing rooftop solar panels on buildings owned by Multnomah County would not have to be paid prevailing wage. [See Government solar projects skirt prevailing wage laws, in the Jan. 16, 2009 issue.] That’s because the contract was set up as a power purchase agreement, with the contractor owning the panels and selling the power to the County. The newly-passed bill would eliminate any such end-runs around the prevailing wage requirement: If a panel is going on public property, workers installing it will earn the prevailing wage. All House and Senate Democrats voted for the change, while most Republicans voted against it. Republicans voting for it were: representatives Vicki Berger (Salem), Bill Kennemer (Oregon City) and Ron Maurer (Grants Pass); and senators Jason Atkinson (Central Point), Ted Ferrioli (John Day), Frank Morse (Albany), Bruce Starr (Hillsboro), and Jackie Winters (Salem).

Shiprack also applauded the Legislature for reforming the Business Energy Tax Credit (BETC). A bill (HB 3680) passed that will give the Oregon Department of Energy discretion in whether to pre-approve the credit, and a mandate to consider many factors, including the number of jobs created.

There were also disappointments for the Building Trades: Critics of liquid natural gas opposed a bill (SB 1020) to allow pipeline developers to apply for permits while still in negotiations with landowners, and it didn’t get a hearing.

And a “Buy American” bill (SB 1050) introduced in the Senate failed to get a vote. It would have required public construction projects to use U.S.-made steel, lumber, piping and drywall (unless the domestically-produced material is unavailable or 25 percent more expensive than imported material).

Shiprack also decried a move by the Legislature to make up a budget shortfall by “sweeping” portions of unrelated special-purpose funds into the state’s General Fund. The sweep took money out of several funds of interest to union members — including $1.6 million from a Bureau of Labor and Industries (BOLI) fund that pays for enforcement of the prevailing wage requirement.

Several other labor-positive proposals stalled.

State Rep. Brad Witt (D-Clatskanie) (who is also a union rep at United Food and Commercial Workers Local 555) had a bill (HB 3632) calling for the Oregon Health Commission to study a “pay or play” system in which employers would either provide health insurance to employees or pay into a state insurance fund. The bill passed the House, but died in committee after it couldn’t find majority support in the Senate.

And a bill (HB 3604) by Rep. Jules Bailey (D-Portland) to require the Columbia River Crossing I-5 bridge project to give preference to locally produced materials didn’t get a floor vote.

Lawmakers ended the special session by referring to voters a constitutional change (SJR 41) providing for annual legislative sessions — capped at 160 days in odd-numbered years and 35 days in even-numbered years.

Bill to fine-tune Worker Freedom Act fails to get out of committee

SALEM — Last year, the Oregon AFL-CIO managed to pass a nationally-noticed law that could strengthen workers’ rights in workplace union organizing campaigns. This year, the labor federation asked the Legislature for some changes to the law, and fell flat in the Oregon Senate.

The law in question, known as the Worker Freedom Act, is intended to give workers the right to boycott so-called “captive audience” anti-union meetings. Employers commonly use the mandatory-attendance workplace sessions as a very effective way to squelch campaigns to unionize. But the new law says employers may not discipline workers for refusing to attend a meeting — if the meeting’s purpose is to express employer views on religion, politics or whether to join a labor organization. That bill was to go into effect Jan. 1, but it’s being challenged in federal court in a lawsuit filed by the U.S. Chamber of Commerce. The suit argues that the law unconstitutionally restricts employer freedom of speech, and that states may not legislate on the subject of private sector unionization, because that is pre-empted by a federal law, the National Labor Relations Act.