Nebraska Pulse Political Blog

News and Views about Politics in the Great State of Nebraska

Obama Labor Board Recess Appointment Controversial

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One of President Obama’s Saturday recess appointments to the National Labor Relations Board quickly triggered intense opposition from business groups and Republicans, who called the appointee a radical who represents a White House gift to labor unions.

The fury is aimed at Obama’s appointment of Craig Becker — a labor lawyer — to the NLRB, the federal agency that oversees relations between unions and employers.

“Mr. Becker’s prolific writings … suggest a radical view of labor law that flies in the face of established precedent and case law and is far outside the mainstream,” the U.S. Chamber of Commerce said in a statement Saturday.

“This recess appointment disregards the Senate’s bipartisan rejection of Craig Becker’s nomination to the NLRB,” said Randel K. Johnson, the chamber’s senior vice president of labor, immigration and employee benefits. “The business community should be on red alert for radical changes that could significantly impair the ability of America’s job creators to compete.”

Obama announced Saturday that he will make recess appointments of 15 nominees to administration posts who are awaiting confirmation by the full Senate. None has generated nearly as much outcry as Becker.

The Republican National Committee sent out a memo Saturday titled “Union Bosses’ Bailout Begins — Recess Appointment Of Becker Payback From Obama To His Union Paymasters, With More Job-Killing Bailouts To Come.”

Becker is currently a general counsel for the Service Employees International Union and for the AFL-CIO. He has taught at the law schools of the University of Chicago and Georgetown University, among other places.

Business groups and Republicans say that Becker has voiced support for skirting Congress to enact so-called card-check legislation regarding labor unions. They say that he has proposed that the bill be enforced through federal regulators such as the NLRB.

The card-check bill — officially called the Employee Free Choice Act — would allow employees at a workplace to join a union if a majority signed cards. Opponents say the system is undemocratic because it discourages secret ballot elections.

On Thursday, all 41 Republican senators signed a letter urging Obama not to appoint Becker, saying it would “bypass the advice and consent traditions of the Senate.”

Senate Republicans, along with two Democrats, effectively blocked Becker’s nomination on February 9.

“The president’s decision to override bipartisan Senate rejection of Craig Becker’s nomination is yet another episode of choosing a partisan path despite bipartisan opposition,” said U.S. Senate Minority Leader Mitch McConnell.

McConnell also objected to Obama’s appointment of Mark Pearce, a labor lawyer, to the NLRB, because he said that both he and Becker are Democrats.

“This is a purely partisan move that will make a traditionally bipartisan labor board an unbalanced agenda-driven panel,” he said in a statement.

Many other Republican lawmakers blasted Becker’s appointment.

“This is clear payback by the administration to organized labor,” said Sen. John McCain in a statement on Saturday. “Time and again questions have been raised over Mr. Becker’s ability to serve in an honest and impartial manner on the NLRB, yet this administration chose to ignore the questions and concerns and instead forced their will on the American people.”

Labor groups, meanwhile, applauded Becker’s appointment.

“When jobs are scarce, workers are often forced to endure unfair working conditions,” said Kimberly Freeman Brown, executive director for American Rights at Work. “America’s workers need a fully functioning NLRB to mediate their claims for better wages, benefits and other rights now more than ever — and after two long years they have one.”

Bill would expand workers’ comp coverage in Nebraska

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Employees with mental illnesses caused by witnessing violent acts could receive workers’ compensation benefits under a measure being considered by state lawmakers. State officials estimate that expanding the list of injuries covered by workers’ compensation to include mental — and not just physical — harm could cost the state $3.5 million to $26.7 million more a year in additional indemnity and medical compensation for state employees.

But Sen. Abbie Cornett of Omaha, a former police officer who introduced the measure (LB1082), said it’s only fair mental illness be covered. “Mental injuries are real,” Cornett told the Legislature’s Business and Labor Committee on Monday. “They can be every bit as painful and debilitating as physical injuries.” A 1997 study by the New York Workers’ Compensation Board found that the cost of mental-illness claims is about 50% more than the average claim for a traumatic injury, and that the claims are paid out over longer period — about 16 more weeks. Among those opposed to the bill are the Property Casualty Insurers Association of America, a representative of which said the proposed bill could hike workers’ compensation insurance rates, and the Nebraska Chamber of Commerce.

“Shoppers who saw the same act,” Dan Fridrich of the State Chamber said of the December mall shooting in Omaha, where nine people were killed, “would not receive any type of compensation,” under the bill. Sen. Ernie Chambers of Omaha questioned whether police officers and firefighters should be covered by the bill because the nature of their jobs dictates that they expect to encounter violent acts. Cornett said it is her intent to have a different standard for police, firefighters and other first responders.

State Senators discuss Nebraska’s unemployment benefits

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Members of the Business and Labor Committee heard testimony earlier this week on a bill that would increase unemployment benefits for workers who lose their jobs. Proposed by Omaha Sen. Steve Lathrop, LB833 would incrementally increase unemployment benefit amounts over five years.

Workers receiving unemployment benefits currently receive, at a minimum, half their average weekly wage and, at a maximum, half the statewide average weekly wage of $642. Under LB833, unemployment benefits would increase to between 75% of a worker’s average weekly wage and 100% of the statewide average weekly wage. Benefits would increase annually by 5% and 10% respectively, beginning in 2009.

Opponents emphasized that increasing maximum unemployment benefits by 50% would put a strain on the Under LB833, unemployment benefits would increase to between 75% of a worker’s average weekly wage and 100% of the statewide average weekly wage. Benefits would increase annually by 5% and 10% respectively, beginning in 2009.

According to Kevin Brit, manager of operations for TALX Corp. in Omaha — who testified on behalf of the Nebraska Chamber of Commerce & Industry — Nebraska’s unemployment benefits would be the highest in the nation if LB833 was enacted. The fiscal note estimates LB833 would have a net impact on the Unemployment Insurance Trust Fund of $8 million in 2009, $14 million in 2010 and $12 million in 2011. The committee took no immediate action on LB833.

Workforce pushes vets for openings in Columbus, Neb.

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Veterans Month is nearly over, but Nebraska Workforce Development Columbus Career Center continues encouraging employers to look at veterans for open positions.

Ed Beller, the Columbus Career Center’s Local Veterans’ Employment Representative, said the way they try to reach employers is though flyers and contacting potential employers directly.

He said the reasons veterans are emphasized are their service to the country, skills gained during their time in training and service and their hard work ethic.

For more information about the local Workforce Development’s veteran services, please contact Ed Beller at 564-7160.

Illegal employee sentenced for using false documents in Columbus, Neb.

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A Columbus man was sentenced to one year and one day in prison for using false documents while applying for a job at a meat production plant.

Melvin Rivera-Cuculista also faces deportation to Guatemala.

The 25-year-old Rivera-Cuculista used the name and Social Security number of a Massachusetts man.

Immigration and Customs Enforcement officials said he admitted buying the Social Security number and other ID information.

Is Nebraska Shorting it Unionized Employees’ Paychecks?

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The union representing the bulk of all state employees contends that the state owes thousands of state workers for 16 hours of unpaid work in 2004 and that this year the state will short employees for eight hours again, unless the system is changed.

Union leaders contend they bargain for hourly wages, and state employees affected by the labor contract should be treated as hourly employees.

Bill Wood, the state’s chief negotiator, disagrees.

A decision on the wage and hour dispute could affect most of the 9,000 workers covered by the union contract, according to Mike Marvin, executive director of NAPE/AFSCME Local 61.

Wood said that Marvin is simply trying “to deflect state employees’ unhappiness with the pay raise he (the union) negotiated for them.”

Free Seminar on New Hire Reporting, Withholding, and Child Support Announced

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The Nebraska Child Support Payment Center will be presenting a free seminar in Lincoln for employers, human resource managers and payroll manager.

The free seminar will cover new hire reporting, income and medical withholding, submitting of employee verification and termination and electronic payments.

The Lincoln seminar will be Oct. 18, 10-11 a.m. at 5901 O Street.

To enroll, call Yvette Frank at 1-877-631-9973 option #3, or e-mail yfrank@treasurer.org

Nebraska State Chamber of Commerce to Host Comprehensive Labor & Employment Law Workshop

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On November 8, the Nebraska Chamber of Commerce & Industry will host a comprehensive workshop on Labor & Employment Laws, Law and Regulation Updates.

Workshop participants will cover Nebraska and federal laws and regulations including the many aspects of employer-employee relationships before, during, and after employment, together with explanation of key provisions, requirements, responsibilities, forms, reports, records, administrative procedures and penalties. Read the rest of this entry »

Action Looms on Bills Changing Employment Law

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Now that Congress is back in session, business lobbyists expect action on several pay and benefits-related measures that could create headaches for employers.  

“We are seeing a proposed radical rewrite of employment laws,” said Randy Johnson, vice president of the U.S. Chamber of Commerce.   Read the rest of this entry »