State Labor Council, AFL-CIO Non-Profit Org. 314 First Avenue West US Postage PAID , WA 98119 AFL-CIO Seattle, WA Permit No. 1850 2013 WSLC Legislative Report Washington State Labor Council report and voting record from the 2013 session of the State Legislature ‘Petty’ partisan politics Senate Republicans bring ter, that’s what the citizens in this state expect.” to light rail on the between “This is the sort of cooperation people are hungry Oregon and Washington. It not only killed every aspect D.C.-style division to state for,” said Sen. (R-Ritzville). of the Washington State Labor Council’s “Economic Instead, what people Recovery Agenda” to bolster middle-class families, it In the 2012 elections, Washington voters (again) got was a bitterly partisan 2013 WSLC also launched aggressive attacks such as blocking paid swept Democratic lawmakers into control of the Gov- 2013 session that narrowly Voting Record sick leave ordinances, lowering the state minimum ernor’s Office, both houses of the Legislature, and averted a state government wage, and taking away health benefits from thousands eight of nine statewide offices. But one month later, shutdown after two over- This year’s official of state employees, to name just a few. two Democrats announced they were going to do what time sessions. The GOP- Legislative Voting “Senate Republicans took the usual level of brinks- voters hadn’t done for nearly a decade: hand control controlled Senate held the Record — Pages 4-5. manship over petty policy bills to new and unproduc- of a legislative chamber to the Republican Party. In budget process hostage in tive highs this year,” read an editorial in The Olympian exchange for leadership positions, Sens. an attempt to force votes on unrelated policy bills, after a government shutdown was narrowly averted. of Medina and of Potlatch established a such as undermining the workers’ compensation safety As you’ll read throughout this 2013 edition of the Republican-controlled majority in the Senate. net for injured workers. It killed a $10 billion trans- WSLC Legislative Report, voters in this state didn’t They did so vowing bipartisanship. Said Tom, portation package backed by labor, business and en- ask for it, but they got a taste of D.C.-style Republican “Governing from the middle, governing from the cen- vironmental interests, largely over partisan opposition rule in 2013. And it was difficult to swallow.

Inslee, House Senate blocks defend state’s transportation injured workers package, jobs Among the very first bills passed in 2013 by the Republican-controlled By JEFF JOHNSON Senate were efforts to undermine the When my children were small we workers’ compensation safety net for in- used to sing, “When the wheels on jured workers in Washington. But House the bus go round and round, round Democratic leaders and Gov. Jay In- and round, round and round…” slee stood strong in opposition to these After the 2013 legislative session bills, urging instead that 2011 workers’ few things will “go round and round” compensation legislation be fully imple- and there is nothing to sing about re- mented before more changes are made. garding transportation. The Senate tried to force through the In a stupendous display of parti- changes by delaying budget talks until san short-sightedness, the Senate Re- the House acted on unrelated policy publican majority ignored our state’s bills, including workers’ compensation. transportation needs and took a pass But after repeated attempts during both on the most important opportunity overtime sessions to “trade” benefit cuts to improve the state’s economy and for various Democratic budget priori- create 75,000-100,000 jobs over the ties, the Senate GOP was defeated. next decade. In fact, Sens. Just weeks after seizing control of (R-Auburn) and Steve Litzow (R- the Senate, Republicans passed the fol- Mercer Island) worked to convince lowing bills sponsored by Sen. Janéa some of their House colleagues to Holmquist Newbry (R-Moses Lake): vote against transportation. n SB 5128 would remove all age re- So instead, Washingtonians will strictions on lump-sum buyouts, which face more transit service cuts and

Continued on Page 2 Continued on Page 8 INSIDE Senate ‘reforms’ target middle class Investing in Washington agenda ...... 2 When Sens. Rodney Tom (LD 48) and ing for teachers, etc., quickly stacked up in Paid sick leave, Medicaid expansion, Tim Sheldon (LD 35), with much fanfare, the Rules Committee and on the Senate floor family leave, Patient Safety Reform .... 3 broke with the Senate Democratic Caucus awaiting action. Rather than governing from 2013 W.S.L.C. VOTING RECORD and formed the Senate Republican Majority the middle, the RMCC was clearly waging Plus, “Good, Bad & Ugly” bills ...... 4-5 Coalition Caucus (RMCC) their message was an attack on the middle class. that the Senate would run in a truly bipartisan When the RMCC unveiled its “no new Education issues, state employees bills, fashion and break new ground governing revenue” operating budget the charade was Governor’s “got game” ...... 6 from the middle. complete. “Bipartisanship” became a mask State budgets, building trades bills, That never happened. Policy legislation for a seriously divided Legislature and “re- DOC interest arbitration ...... 7 PRESIDENT’S attacking the injured worker safety net, fam- form” became code for long-sought partisan Wage-and-hour laws, Wage theft/ COLUMN ily leave insurance, paid safe and sick leave, policy changes. employee misclassification ...... 8 public employee pensions, part-time public Jeff Johnson employee health benefits, collective bargain- Continued on Page 2 Transportation Senate ‘reforms’ Continued from Page 1 target middle class fare increases, making it more difficult to get to and from work, Continued from Page 1 medical appointments and shop- ping trips. We won’t be spending Taking a page out of the Republican playbook in more than a billion dollars on road Congress, the RMCC held the operating and capital and bridge maintenance and pres- budgets hostage to a list of 33 policy bills that had no ervation. (May our bridges hang real connection to the budget. together a while longer, because A particular favorite of theirs was SB 5127. This public safety surely hangs in the bill would have expanded the age at which seriously balance.) Freight mobility and con- disabled injured workers could enter into “compromise gestion will not be addressed on and release” settlements, a step towards privatizing our key economic corridors. The our workers’ compensation system. SB 5127 was of- Columbia River Crossing will not fered up in exchange for various be built, with or without light rail, revenue bills, including closing and we have forfeited $850 million loopholes in estate-tax and tele- of federal transportation funding com taxes, and some say for the and may have to give back another transportation revenue package. $150-175 million of federal money together and pass a significant ing all around the state on the A serious game of Whack-A- that has already been spent on the transportation package in 2014. need for a transportation package, Mole played out during the two project. Our streets will be less In the meantime, it is important to including the need to build the Co- overtime sessions as SB 5127 safe and our environment more de- recognize those folks who champi- lumbia River Crossing, and pulling kept popping up as trading bait. graded due to storm-water runoff. oned transportation this year when together weekly meetings with a Though the Department of PRESIDENT’S The Senate Republican major- Labor and Industries announced it counted the most. labor, business, environmental and COLUMN ity says they will address the issue At the top of the list are Rep. local government coalition. Inslee in June that the original 2011 next year after first developing a (D-Mercer Island), was unwavering in his support fiscal note booking savings from Jeff Johnson set of transportation “reforms.” Gov. , and House Speak- and personally lobbied dozens of “compromise-and-release” agree- This challenges credibility for sev- er . Clibborn, along House and Senate Republicans. ments had been grossly exaggerated to the tune of eral reasons: with her vice-chairs Reps. Jake The 50 House Democrats and $250 million, the RMCC blindly went forward argu- n The Senate had six months this Fey (D-Tacoma), (D- Rep. Zeiger deserve thanks for ing that SB 5127 would save the workers’ compensa- year to engage in the transportation Mukilteo) and (D- voting “yes” on the package, as tion system and the business community great sums dialogue, and chose not to. Mountlake Terrace), championed do Sens. Ed Murray (D-Seattle), of money. Apparently the RMCC favors the adage of n Reform measures were dis- a comprehensive transportation (D-Federal Way) and never allowing facts to get in the way of a good politi- cussed and voted upon in the package that would have made the 22 Senate Democrats who vot- cal argument. House. a significant down-payment on ed procedurally to try and pull the The great irony of the session is that many of the n Transportation revenue pack- our transportation needs. Speaker package to the Senate floor for a working family policies that came under attack, like ages don’t pass during election Chopp promised a vote though vote. family leave insurance and paid safe and sick leave, years. Only one brave Republican, more than 30 of his members said And finally, a great “thank you” are common-sense middle-ground policies that his- Rep. (R-Puyallup) education must come first, and he to Rob Johnson of Transporta- torically enjoy huge public support and are part of the voted for the package this year. had a good sense that the Repub- tion Choices and Steve Mullen of “common good” for most of our major international How many Republicans will vote licans in both the House and the the Washington Business Round- trading partners. In 2013, it shouldn’t be this difficult for a gas tax increase in an election Senate were not going to ante up table, for being great co-chairs of to enact family-friendly policies. year? with votes. This is leadership. the labor-business-environmental The great tragedy of the session was the refusal of Nonetheless, labor is ready Governor Inslee took a real transportation coalition supporting the RMCC to take up the Washington Voting Rights to work with all parties to put leadership role on the issue, speak- the package. Act and access to state higher education financial aid for “dreamers.” A measure of the character of our state is in the way we address fundamental civil rights. In both cases the RMCC failed our state. Communities of WA Investment Trust, bid preferences also fail color ought to have a mechanism in place that allows them to challenge a voting system that, for all intents In 2012, labor and business interests were able to giving a big boost to local economies, communities, and purposes, excludes their representation of choice. work together with legislative leaders of both houses and job creation. Modeled after a successful state-run “Dreamers,” the children of immigrant workers, con- to pass the “Jobs Now” infrastructure bonds. In 2013 institution in North Dakota, SB 5029 would enable tributing to the richness of our communities and the the Washington State Labor Council sought to continue the state’s money to be at its own disposal, instead of hopes for our future, should have the same financial that legislative emphasis on job creation and investing parked on Wall Street at a commercial bank. opportunity to attend institutions of higher education in our state. n Bid preferences—The State of Washington is a in our state. The Senate’s failure to take up the transportation huge purchaser of goods and services. This presents a Another great tragedy of the session was not pass- funding package (see story above) was a huge disap- significant opportunity to invest in state businesses and ing the transportation revenue package. The package pointment, but so was the failure of two additional as- state workers by providing a preference for in-state was open to adjustments all throughout the legisla- pects of the WSLC’s “Investing in Washington” 2013 goods and services in our state procurement process. tive sessions but there was no desire on the part of legislative agenda: HB 1026, sponsored by Rep. Jim Moeller (D-Vancou- the RMCC to pass any package. Given there was no n Washington Investment Trust—Sponsored by ver), would have made sure our tax dollars are better vote in the Senate and only one Republican vote in the Sen. (D-Seattle), SB 5029 would cre- targeted toward creating jobs here by requiring at least House, it is clear that the business community had no ate a publicly owned Washington Investment Trust to 75% of labor hours on public works projects be per- impact for their efforts. advance construction loans to local government enti- formed by Washington residents. If we lose $850 million of federal money for the ties for public infrastructure projects. This would sig- Both bills failed to get committee votes in 2013, Columbia River Crossing bridge, and have to pay back nificantly and cost-effectively enhance these projects, but the WSLC will continue to support such proposals. another $170 million to the federal government, we will have made a bad decision of colossal proportions. The CRC is critical to the economic vitality of the Pa- The WSLC Legislative Report is an annual publication of the cific Northwest and Washington State. Finally, passing a transportation package would Washington State Labor Council, AFL-CIO have been the best thing we could have done to put 314 First Ave. W., Seattle, WA, 98119 (206-281-8901) — 906 S. Columbia St. SW, #330, Olympia, WA, 98501 (360-943-0608) people back to work and to generate future revenue for our state’s operating budget and needs. President: Jeff Johnson Administrative Staff: In the final analysis, the Legislature increased Secretary-Treasurer: Lynne Dodson Kathy Cummings ...... Communications Director Karen Deal ...... Political Director funding to K-12 education by about $1 billion but did Vice Presidents: Herbie Martin, AFSCME Katie Garrow ...... 2013 Legislative Intern so not by eliminating tax exemptions for the wealthy, Julianne Moore, AFSCME D. Nolan Groves ...... Publications Director David Baine, IFPTE Fred Monroe, CBTU Caitlyn Jekel ...... WIA Labor Liaison as championed by the Governor and the House Demo- Todd Crosby, UFCW Lee Newgent, Ironworkers Viona Latschaw ...... Project HELP Director crats, but rather by sweeping the public works trust and David Freiboth, IBU Tim Pfeifer, AWPPW Bill Messenger ...... WIA Labor Liaison Nicole Grant, WA YELL Mark Reavis, LIUNA Teresa Mosqueda ...... Government Affairs Director other accounts, not paying the I-732 COLAs for teach- Kairie Pierce ...... K-12 Apprenticeship Director Bob Guenther, IBEW Patty Rose, IBEW ers, and relying on projections of increased revenue Lori Province ...... Field Mobilization Director Bob Hasegawa, APALA Sandra Schroeder, AFT Bernice Vance ...... Accounting Manager and falling case loads. We had an opportunity to do so Don Houtchens, USW Robby Stern, ARA Judy Huntington, WSNA Beth Thew, CWA Support Staff: Janet Hays, Kamaria Hightower, Robert much more if the RMCC had been open to closing the Robert James, NALC Eric Thrift, LIUNA New, Kathy Petruzzelli, Karen White, Justine Winnie income disparity gap some. They were not, and are not Rick Johnson, IBEW Jim Tieken, AFSCME likely to be in the future. Vance Lelli, ILWU Shannon Walker, IAM Learn more about the WSLC at www.wslc.org. Get news at: Mark Lowry, ATU Tom Wroblewski, IAM The battle now shifts to educating the public in Lee Malinda, PAW Mari Wyatt, CLUW www.TheStand.org various legislative districts. This is where we can make a difference. PAGE 2 WSLC 2013 LEGISLATIVE REPORT Sick leave vs. anti-regulatory dogma Right now, one million people in Washington State some minimum level of paid sick leave. Sen. Braun’s SB 5726, billed as a “compromise,” un- don’t get any paid sick leave from work. These folks— Unions, public safety advocates and business own- dermined Seattle’s ordinance by exempting businesses who work in restaurants, retail, and even health care— ers who provide decent benefits have stopped waiting not headquartered in Seattle. It passed 29-20, with must choose between putting their co-workers and for the federal government to do the right thing. Paid Democratic Sens. Tracey Eide, , Brian the public at risk by working sick, or forgoing family Safe and Sick Days are being sought at the local level. Hatfield and Steve Hobbs joining all of the Republican income that they can’t afford to lose. They have been approved in the state of Connecticut, Majority Coalition in support. SB 5726 died without a A new national poll by the University of Chicago’s New York City, Washington, D.C., and vote in the House. National Opinion Research Center found that 86% of in Seattle. And a campaign is under way in Tacoma. In contrast, HB 1313, sponsored by Rep. Laurie respondents favor legislation that would guarantee up This year, the Republican-controlled State Senate Jinkins (D-Tacoma), would have established a state- to seven paid sick days a year, while just 14% opposed set aside its usual aversion to heavy-handed govern- wide paid sick leave standard. Though it failed to get such legislation. But corporate government influence ment intervention in local issues and Sen. John Braun a floor vote in the House, the bill’s supporters will (and money) has bolstered anti-regulatory dogma and (R-Centralia) introduced SB 5728 to forbid sick leave be back in the future to put this popular issue before blocked many efforts to require employers to provide ordinances in Seattle or any other city in Washington. legislators—or perhaps voters. Medicaid expanded, but some health care missteps

By TERESA MOSQUEDA Washington State continued imple- mentation of President Obama’s Afford- able Care Act in 2013 by committing to expand Medicaid for hundreds of thou- sands of people who have been priced out of the market and left with no health care options. With the federal govern- ment picking up the entire cost for the first three years, it was fiscally wise and simply the right thing to do. Nearly 350,000 people will now have the cover- offered and address cost in the system. age they need and the state books around Another down side to the final health $350 million in savings. care negotiations is that some public Medicaid expansion is a no-brainer. employees can expect to pay more for And yet, political ideologues in the Re- health care. Smokers must now pay a $25 publican-controlled Senate tried to block monthly surcharge for coverage starting it—or force the most vulnerable to pay in July 2014, and a $50 surcharge will be Dueling efforts to implement, kill unnecessary and unaffordable co-pays— imposed on those who include a spouse right up to the very last day of the ses- on their health plan if similar coverage is Family & Medical Leave both fail sion. In the end, workers, families and available through the spouse’s job. The seniors won with inclusion of the Med- spouse surcharge is a self-defeating pol- In 2007, historic legislation was leave is the solution to a strong mid- icaid expansion in the budget. icy that could discourage healthy folks approved to grant all Washington dle class… When Washington invests Another win was the full restoration from receiving coverage in Public Em- workers up to 5 weeks of paid family in working families we have a strong of dental coverage for adults on Medic- ployees Benefit Board, a move that could leave to care for newborns, adopted record of success.” aid. After years of all-cuts budgets during have consequences for the whole pool. children and illnesses of family mem- “This is an opportunity for us,” the recession, the Legislature reversed Additional notable concerns restrict- bers with a stipend of $250 per week. agreed Don Orange, owner of a Van- this harmful cut. ing access to health care this session: But the program’s funding source was couver auto shop. “It’s not going to HB 1947, sponsored by Rep. Eileen n The Senate RMCC blocked a vote not identified, and since then, reces- break our backs—a nickel here or a Cody (D-West Seattle), established a on the Reproductive Parity Act which sion-related concerns stymied efforts nickel there—but it’s absolutely the funding mechanism for the state’s Health would have secured access to reproduc- to create a funding source. right thing to do. I look at it as an in- Benefit Exchange. Created under the tive care for women in Washington. HB 1457 would have financed and vestment in the community.” ACA, this Exchange allows moderate-in- n Throughout the session, the Senate implemented Washington’s inactive Although HB 1457 passed the come uninsured people whose employers RMCC demanded that part-time public Family and Medical Leave Insur- Labor and Workforce Development fail to provide affordable comprehensive employees who work fewer than 30 hours ance program by assessing a 0.2% Committee it failed to get a floor vote. coverage to gain access to federal sub- a week no longer be eligible for cover- premium on wages, to be split by the Meanwhile, in the Republican- sidies and tax credits to help them pur- age through PEBB. Thankfully those ef- worker and employer. For someone controlled Senate, HB 1457’s com- chase coverage. The Washington Health- forts were mostly defeated, but the Joint earning $50,000 a year, it would cost panion bill, SB 5292 sponsored by planfinder now has a funding mechanism Legislative Audit & Review Committee about $4/month for the worker and Sen. (D-Kent), didn’t that should allow it to be self-sufficient is directed to identify how the state Ex- employer. The premium would rise to even get a committee vote. by assessing a 2% insurance premium change could be used to provide health 0.4% in 2016. Small businesses would However, the Senate Commerce tax on health & dental plans sold through benefits to part-time K-12 employees— get a tax credit to help them comply. and Labor Committee did pass SB the Exchange. But the bill took signifi- indicating this issue is not truly dead. “As a mom, and a nurse, and a 5159 to repeal the Family and Medi- cant steps backward as it restricted the n The final budget booked $10 million legislator, I see how devastating an cal Leave Insurance program. That Exchange Board’s ability to add quality in health care savings, without specifics illness in the family can be,” said bill, sponsored by Sen. John Braun criteria when credentialing health plans. on how to achieve them. It remains to be the bill’s sponsor, Rep. (R-Centralia), eventually died, too. This is one of the only tools exchanges seen how this cut will impact coverage (D-Lakewood). “Family and medical have to improve the value of health plans and allotments. Patient Safety Reform legislation stymied in House When hospital patients are at risk, the dedicated legislators to hear about patient safety concerns from Tumwater), closes a loophole in the mandatory over- nursing staff somehow finds just a little bit more to give the nurses on the front lines of the health care system. time law that some hospital CEOs use to rig the system. to meet their needs. But there has to be a limit to what But none of these bills advanced from the House: They hire too few nurses, then use the on-call nurses to hospital CEOs ask of nurses and patients. Nurses want HB 1095, sponsored by a nurse, Rep. Tami Green fill the gap. This bill would assure that on-call nurses to take care of patients like they would their own family (D-Lakewood), would hold hospital administrators ac- are preserved for emergencies. members, but they can’t do that when hospitals are rig- countable for having enough nurses per shift, so that Nurses intercept 86% of medical errors before there ging the system against them with short staffing, denied patient care and safe staffing levels always come first. is harm to patients. But when hospital CEOs exploit meal and rest breaks, and mandatory overtime. Nurses often work 10, 12 or more hours per shift, nurses’ dedication by squeezing labor costs to wring A number of unions—including the Washington but they have to be sharp 100% of the time. HB 1152, more profits from the system, they are putting the safe- State Nurses Association, SEIU Healthcare 1199NW sponsored by another nurse, Rep. (D- ty of both patients and nurses at risk. The Washington and the United Food and Commercial Workers—sup- Puyallup), requires that hospitals give nurses the un- State Labor Council and its affiliates will continue to ported a package of Patient Safety Reform legislation interrupted rest and meal breaks they need to properly call upon the Legislature to act on these critical P in 2013 that would have addressed these critical issues. care for patients. issues. A G Hearings on these bills offered a great opportunity for HB 1153, sponsored by Rep. Chris Reykdal (D- E WSLC 2013 LEGISLATIVE REPORT 3 What didn’t get a vote 2013 VOTE

Lots of legislation affecting working families never CO-SPONSORS: Chris Reykdal, , gets a floor vote. Here are some of these bills and the , , Tami Green, Joe DESCRIPTIONS legislators who sponsored them. (Democrats in bold.) Fitzgibbon, , Mike Hope, Luis Moscoso, Roger Freeman, Kristine Lytton, , Derek Stanford, , Marko Liias, SENATE Jake Fey, ; and Sens. Steve Conway, The Bob Hasegawa, ESSB 5127 (Holmquist Newbry)—Expanding lump- 1 sum buyouts in workers’ compensation by lowering GOOD n HB 1953/SB 5773—Allowing local transportation age restrictions. “Right” vote: NO (Passed 30-19, Feb. 4) districts the option of raising their own revenue. ESSB 5312 (Hobbs)—Expanding payday loans that SPONSORS: Rep. Marko Liias (D-21st) and Sen. 2 allow high fees and promote long-term debt. “Right” n HB 1095—Protects patient safety by establishing (D-38th) vote: NO (Passed 30-18, Feb. 20) safe nurse staffing levels at hospitals. CO-SPONSORS: Reps. Luis Moscoso, Derek Stanford, , , , John ESSB 5242 (Litzow)—Circumventing collective bar- SPONSOR: Rep. Tami Green (D-28th) gaining agreements to make it easier for school ad- McCoy, Cindy Ryu, Jake Fey; and Sens. Tracey Eide, 3 CO-SPONSORS: , Dawn Morrell, Chris ministrators to fire teachers. “Right” vote: NO (Passed , Rosemary McAuliffe, , Reykdal, , Cindy Ryu, John McCoy, 27-22, Mar. 6) , Adam Kline Steve Bergquist, Gerry Pollet ESSB 5328 (Litzow)—Creating a punitive new letter- n HB 1313/SB 5594—Establishing statewide mini- 4 grading system for public schools. “Right” vote: NO mum standards for Paid Sick and Safe Leave. The (Passed 26-23, Mar, 6) SPONSORS: Rep. (D-27th) and Sen. SB 5158 (Braun)—Creating “good-faith defense” for Nick Harper (D-38th) 5 employers that violate and overtime BAD pay laws. “Right” vote: NO (Passed 25-24, Mar. 11) CO-SPONSORS: Reps. , Dawn Morrell, Tami Green, Hans Dunshee, Kristine Lytton, David ESB 5726 (Braun)—Undermining local paid sick Sawyer, Mike Sells, , , n SB 5275/HB 1150—Creating a sub-minimum wage 6 leave ordinances by creating geographic limitations. Jim Moeller, Sherry Appleton, Chris Reykdal, “Right” vote: NO (Passed 29-20, Mar. 11) Mary Helen Roberts, Cindy Ryu, Gerry Pollet, Luis for new employees. Moscoso; Sens. Steve Conway, Karen Keiser, Sharon SPONSORS: Sen. Janéa Holmquist Newbry (R-13th) ESSB 5684 (King)—Exempting certain workers Nelson, Jeanne Kohl-Welles, Bob Hasegawa, Adam and Rep. (R-12th) 7 from prevailing wage standards on public works Kline, David Frockt, Paull Shin, CO-SPONSORS: Sens. John Braun, , Tim projects. “Right” vote: NO (Passed 26-23, Mar. 12) Sheldon, Mark Schoesler, John Smith, ; n HB 1440/SB 5526—Addressing wage theft & em- and Reps. , , , Liz ESB 5903 (Braun)—Repealing Family and Medical ployee misclassification in the underground economy. Pike, , Kevin Parker 8 Leave Insurance Act. “Right” vote: NO (Passed 27- 21, Apr. 22) SPONSORS: Rep. John McCoy (D-38th) and Sen. n Steve Conway (D-29th) SB 5728—Banning cities and counties from enact- ESSB 5905 (Hill)—Eliminating health insurance ing Paid Sick and Safe Leave ordinances. CO-SPONSORS: Reps. Pat Sullivan, Cindy Ryu, Mike 9 for part-time state employees and college faculty. Sells, Tami Green, Eileen Cody, Luis Moscoso, Roger SPONSOR: Sen. John Braun (R-20th) “Right” vote: NO (Passed 25-23, Apr.22) Goodman, Steve Bergquist, Marcus Riccelli, Sam CO-SPONSORS: , Rodney Tom, Mark 2ESSB 5895 (Hill)—Raiding public works funds Hunt, Joe Fitzgibbon, Gerry Pollet, , Schoesler, Barbara Bailey, Don Benton Mary Helen Roberts, Timm Ormsby, , 10 to fund education rather than closing tax loopholes. , , , “Right” vote: NO (Passed 25-23, Apr. 23) Chris Reykdal, , Roger Freeman, Jim ESSB 5851 (Bailey)—Replacing state employee Moeller, Laurie Jinkins, Sherry Appleton, Ruth The 11 pensions with 401(k) style defined-contribution Kagi; and Sens. Jeanne Kohl-Welles, Karen Keiser, plan. “Right” vote: NO (Passed 25-22, Apr. 25) Bob Hasegawa, Kevin Ranker, , Sharon Nelson, Nick Harper, , , UGLY ESSB 5127 (Holmquist Newbry)—Special session Steve Hobbs, Paull Shin, Adam Kline 12 revote on expanding lump-sum buyouts (see Vote #1). “Right” vote: NO (Passed 27-18, June 9) n HB 1490/SB 5387—Providing interest arbitration n SB 5935—Making Washington a so-called for Department of Corrections employees. “right-to-work” (for less) state. SPONSORS: Rep. Mike Sells (D-38th) and Sen. Kirk SPONSOR: Sen. (R-6th) HOUSE Pearson (R-39th) CO-SPONSORS: None EHB 1470 (Ormsby)—Extends workers’ compen- 1 sation vocational rehabilitation pilot program. “Right” vote: YES (Passed 96-0, Feb. 18)

It’s time to build labor’s political farm team SHB 1536 (Seaquist)—Including labor represen- tative on community college boards of trustees. By KAREN DEAL ners who may seek elected office in the future. Many 2 “Right” vote: YES (Passed 58-40, Mar. 4) For decades, the labor movement has been frus- of these people aren’t even thinking about running trated by corporate influence over government at right now, but you know who they are. They’re our SHB 1413 (Moscoso)—Washington Voting Rights the local, state and federal levels. It has blocked a community partners, your top shop stewards, your 3 Act. “Right” vote: YES (Passed 53-44, Mar. 7) progressive pro-worker agenda and forced unions Executive Board members, your PAC members, and to defend against attacks on basic worker rights perhaps even your staff. The idea of this training is EHB 1891 (Reykdal)—Increasing safety and health protections. “Right” vote:YES (Passed 65- and social safety nets. Look no further than this to get folks to think about running in the future, not 4 32, Mar. 8) year’s legislative session to see plenty of examples. to commit now, but to be part of labor’s farm team. But there’s hope. We can recruit, train and Our intention is to have a WSLC committee as- HB 1348 (Reykdal)—Step pay increases for aca- support our own leaders to run for elected office. sess the candidates once they get close to running 5 demic employees at community and technical col- While organized labor will continue to support for office and to provide our affiliates and the Cen- leges. “Right” vote: YES (Passed 61-36, Mar. 8) the best pro-worker candidates running for office, tral Labor Councils the background information they ESHB 1922 (Moscoso)—Supporting apprentice- unions must also look long-term and identify our need on a candidate’s viability so we can determine ship programs on state Department of Transporta- together when one of our own is ready to run. 6 farm team of candidates from within our movement tion work. “Right” vote: YES (Passed 57-41, Mar. 9) and among our community partners. Once a farm team member is assessed and en- To accomplish this, the Washington State Labor dorsed, the WSLC will work with the candidate di- ESHB 1753 (Jinkins)—Granting collective bar- Council, AFL-CIO needs your help. rectly in connecting them to our community partners 7 gaining rights for language access providers/inter- Our intention is to build a team of viable, and allies, including providing strategic campaign preters. “Right” vote: YES (Passed 55-42, Mar. 11) high-quality, pro-worker candidates to run for of- assistance and training, and Labor Neighbor assis- ESHB 1817 (Hudgins)—Granting U.S.-born children fice in all corners of the state. We imagine most tance where appropriate. 8 of immigrants, or “Dreamers,” access to college fi- of them may begin with a campaign for school Please take a look at the leadership potential nancial aid. “Right” vote: YES (Passed 77-20, Mar. 13) board or a fire commission, some of them may within your union. As you think about who your begin with the State Legislature, and some may union’s potential farm team members are, please ESHB 2038 (Carlyle)—Closing certain tax loop- not be ready to run for another 10 years. But we call WSLC Political Director Karen Deal at 206- 9 holes to meet the state’s obligation to improve educa- need to find, recruit, prepare and train them now. 254-4910 with names and information about how to tion funding. “Right” vote: YES (Passed 50-47, Apr. 24) The WSLC plans to hold a short training contact these members. ESHB 1954 (Clibborn)—Transportation funding Thank you for your help in building this new, this year in six to eight locations around the package. “Right” vote: YES (Passed 51-41, June exciting program! 10 PAGE state for union members and community part- 27) 4 WSLC 2013 LEGISLATIVE REPORT 2013 Legislative Voting Record of the Washington State Labor Council, AFL-CIO SENATE

* As a courtesy, Sen. Jim Hargrove (D) voted on behalf of the late Sen. Mike Carrell (R) while he was absent due to illness. Those votes were not included in Sen. Hargrove’s voting record. Rep. Steve O’Ban was appointed to fill Sen. Carrell’s seat in June. HOUSE

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WSLC 2013 LEGISLATIVE REPORT 5 Everybody supports education, but some put tax breaks first

It’s hard to find a politician who received a small increase, and tuition doesn’t tout support for education. It’s rates will not go up (for some universi- hard to remember a time when any poli- ties, for the first time in 27 years), stop- tician would say they opposed a strong ping the spiraling costs of tuition for in- public education system. Yet, the Su- state students. While faculty in our com- preme Court found, in the McCleary de- munity and technical colleges will have cision earlier this year, that the state was their cost-of-living adjustments frozen violating the Constitution for another two years, some by failing to live up to its of the money for the colleges “paramount duty” to amply can be bargained to pay for fund basic education. They promotional increases. Gov. Inslee speaks at the WSLC Legislative Conference on March 7. ordered the State Legislature Much of the education to make “steady, real, and news this session was a fight measurable progress” each to stop bad policy from being year to fully fund K-12 pub- enacted, and the Governor Gov. Inslee’s got game lic education by 2018. Secretary and House of Representatives In the first legislative session of his term, Gov. Jay Inslee made it clear Treasurer’s Column After cutting more than can be thanked for standing that he intends to get involved and advocate for the policies that voters sent $2.5 billion from education Lynne Dodson firm against that legislation. him to Olympia to pursue. It was a noticeable—and refreshing—change since 2008, the final budget There were many truly bad from his Democratic gubernatorial predecessors who often sat on the side- for this year actually did increase K-12 bills recommended by the Senate. The lines and played the role of mediators brokering deals. school spending. Yet, it is only about a most egregious would have thrown Announcing the second overtime session, a frustrated Inslee called out third of what is needed to comply with part-time state employees off of their the Republican-controlled Senate for refusing to compromise while demand- the McCleary decision to get to full health care insurance—this would have ing an “ideological wish list” of policy funding by 2018. Much of the current hit part-time faculty (still the majority bills unrelated to the budget. His speech “increase” comes from failing to pay for of faculty in our community colleges) A PLAYER, NOT A REFEREE surprised some media pundits accustomed teachers’ cost-of-living pay adjustments. particularly hard. Other policy bills that to governors playing referee, but it was an By 2015, teachers will have failed to get attacked collective bargaining rights and inspirational expression of resolve among “To govern, it is said, is to a COLA for six years in a row. In addi- due process died a rightful death. beleaguered progressives who’d watched choose. Today I choose, tion, there is little new money to reduce Our United Labor Lobby pushed past compromises sacrifice core principles. and I believe we should all class sizes (only in K-1)—greatly need- for good education policies that also “The Senate majority is trying to lever- choose, education over tax ed since Washington State ranks 47th in failed to make it through the session. age our obligation to Washington’s school- the nation in class sizes. We worked to enact legislation to put a breaks, and to make good on our constitutional and children in order to pass its ideological The labor community was particu- labor representative on community col- agenda,” Inslee said. “On policy, the Senate larly discouraged to see that the final lege boards, and to allow two-year col- moral duty to provide quality schools for our children.” went to the edges, not to the middle. They budget eliminated funding that Gov. lege teachers the right to bargain salaries said they wouldn’t fund education unless Jay Inslee and the House put in their —both bills failed in the Senate. —Gov. Jay Inslee on his an unrelated set of policy bills was passed budgets for the Labor Education and Given the rhetoric we hear from law- budget proposal to close first. This should be a debate about educa- Research Center and Labor Archives. makers about the importance of educa- enough tax breaks to tion funding, not workers’ compensation, Though a small amount in the total bud- tion, given how critically important our bring in an additional not tax breaks for millionaires, not anti- get (less than $1 million over 2 years), public education system is to families $565 million for schools teacher bills, and certainly not anything the funding would have been put to and the economic vitality of Washing- like payday lending.” good use and allowed the LERC to hire ton, this could have been a year to move Soon after, the Senate dropped its demands and the budget was settled. another Labor Educator, and solidified money away from corporate tax breaks Inslee’s speech may not have been a deciding factor in that deal finally hap- the continuance of the Labor Archives. and into building our education system. pening, but it certainly gave his Democratic colleagues and their party base Unfortunately, in a fit of spiteful pique The Governor and the House worked to a boost when they needed one. perhaps, Senate budget negotiators de- do so. The Senate spent a lot of time ob- “He is not on the field wearing a black-and-white striped shirt with a manded this money be swept out of the fuscating with bad bills, pushing illogi- whistle,” said House budget negotiator Rep. (D-Seattle). final budget. cal budget numbers, and thwarting good “He has that right. And that is where the people of this state expect him to There was some good news beyond policy bills. It seems this is the new way be, engaged in the game and all-in.” K-12 increases. Higher education also backward for the “majority caucus.” Senate targets part-time workers’ health benefits Near the end of the regular session, legislative gotiators succeeded in keeping this horrible idea out of college boards to pay for negotiated step increases in negotiators who refused to close tax loopholes were the final operating budget. faculty pay beyond what its provided by the Legis- looking to cut expenses anywhere they could. One lature. There are no other groups of employees that idea they came up with—a slap in the face for public Sen. Tom’s ‘gratuitous attack’ bargain step increases, but then don’t get them unless they are specifically funded by the Legislature. This is employees—was to eliminate health coverage for part- The Senate effort to cut part-timers’ health benefits about fairness, retaining quality faculty members, and time state workers and force them into the Washington wasn’t the only audacious attack on state employees allowing local control of community colleges. Health Benefits Exchange being developed under the in 2013. Sen. Rodney Tom of Medina introduced HB 1348 passed the House, 61-36, but was killed federal Affordable Care Act. This would have par- SB 5856 to end the current pension system for state in the Senate Commerce and Labor Committee by its ticularly harmed AFT Washington-represented faculty employees under age 45 and force them into a costly chair, Sen. Janéa Holmquist Newbry (R-Moses Lake). at community and technical colleges, some 70% of 401(k)-type of plan. No one testified in favor of it at whom are part-timers. the bill’s Ways and Means hearing and no one—not SB 5905, sponsored by Sens. Andy Hill (R-Red- even the most conservative of Senate Republicans— A voice for colleges’ front lines mond) and Jim Hargrove (D-Hoquiam), was strongly co-sponsored Tom’s bill. opposed by organized labor from the moment it was AFT Washington also supported legislation in 2013 Washington Federation of State Employees Execu- to bring some front-line expertise to community and introduced in April, but it passed the Republican-con- tive Director Greg Devereux called it “a gratuitous at- trolled Senate on a 25-23 vote. technical college boards of trustees. HB 1536, spon- tack on the workforce whose morale is already low.” sored by Rep. Larry Seaquist (D-Gig Harbor), would The Washington Federation of State Employees Thankfully, SB 5856 quickly died without a vote. reported that Sens. Pam Roach (R-Auburn) and Brian ensure that these boards have at least one member Hatfield (D-Raymond) led the principled opposition from labor and one member from business. This bill to SB 5905, but it squeaked by after conservative Sen. House ‘steps up’ for faculty would codify a practice that already exists at many Steve Hobbs (D-Lake Stevens) joined sponsor Har- HB 1348, also known as the “Step Up for Faculty” boards: making sure the perspectives of the college grove in voting “yes” alongside the GOP+2 caucus. bill sponsored by Rep. Chris Reykdal (D-Tumwater) workforce is included in the decisions that affect it. The bill went nowhere in the House, and and co-sponsored by 35 state representatives, would HB 1536 passed the House, 58-40, but was killed P in the Senate Higher Education Committee by its chair, A Gov. Jay Inslee and Democratic budget ne- create a framework to fund step increases for commu- G nity and technical college faculty. It would allow local Sen. Barbara Bailey (R-Oak Harbor). 6E WSLC 2013 LEGISLATIVE REPORT Shutdown averted, contracts funded But Senate refusal to close tax financed and fewer people go to work on these family- ditional Step M is provided for classified employees. wage jobs. The Public Works Trust Fund usually helps The bad news is that voter-mandated cost-of-living loopholes leads to job-killing fund improvements in local water, sewer and other lo- increases for teachers were suspended for the fifth and cal projects that create jobs and economic vitality. sixth years in a row, jeopardizing our ability to attract sweep of public works funds In contrast, the capital budget will help fund some and retain quality educators. And while an initial down essential projects, creating an estimated 30,000 jobs payment was placed toward fulfilling the state’s obliga- By TERESA MOSQUEDA throughout the state. The project list includes every- tion to fully fund education, the budget does not put us After four years of national recession and more thing from building elementary schools to improving on a long-term path to fully funding basic education. than $10.5 billion in budget cuts, the 2013-15 state our state parks. But many more projects and general It is expected to cost $4.5 billion by 2018 to meet our operating budget ends the drastic slashing of educa- investments in infrastructure are needed in the com- constitutional obligation to fund public schools. While tion, human services and the health care safety net. ing years. The capital budget also included an historic a $1 billion investment was made towards that require- The Republican-dominated Majority Coalition Caucus’ investment in farmworker housing projects, which will ment over the next two years, no additional revenue staunch opposition to very reasonable revenue op- infuse $27 million into local economies and provide was raised to ensure we can meet our full obligations. tions meant that the final budget scraped together just critical housing for workers throughout the state. That means the call for revenue and sufficient invest- enough funding to sustain vital programs and services. In the end, the temporary sweep from public works, ments in education remains a priority for 2014. But it took two overtime sessions and the threat of a the infusion of federal money for Medicaid expansion, The final revenue agreement stood in sharp con- state government shutdown before a budget agreement the closure of a loophole in the state’s estate tax law, trast to proposals put forward by both the House and was reached just hours before the July 1 deadline. the passage of an industry-agreed-upon telecommuni- by Gov. Jay Inslee earlier in session, which put more The Senate majority’s refusal to raise desperately cation tax, and a fortunate bump in revenue due to the than $1.3 billion dollars in revenue options on the needed revenue by closing tax loopholes for wealthy general economic upswing all combined to allow the table. The Washington State Labor Council applauds corporations resulted in a cash sweep of the Public Legislature to agree on an operating budget. efforts to close tax loopholes by the House, and thanks Works Trust Fund over the next two biennia. The The good news is that union contracts were funded. the governor for his call for new revenue. The WSLC temporary sweep of some $300 million this bienni- Public employees will see a 1% salary increase effec- will continue the fight in 2014 to close additional tax um—and billions over the next few biennia—into the tive July 1, 2014, contingent on increased economic breaks that aren’t creating Washington jobs so that the General Fund will mean fewer community projects get activity, the 3% salary cut is discontinued, and an ad- sweep of vital public works funding can cease. Corrections employees get interest arbitration (for now) This year, Department of Corrections one of the most stressful, dangerous (DOC) employees came to Olympia en jobs in the United States,” said Team- masse to call for safer working condi- sters 117 Secretary-Treasurer Tracey A. tions and interest arbitration legislation Thompson. “They deserve a safer work- that would grant 6,000 correctional ing environment and the same rights as workers the same rights as their counter- other public safety professionals.” parts at other public safety agencies. Despite strong support from House Bipartisan legislation, HB 1490/SB leadership and hundreds of phone calls 5387 sponsored by Rep. Mike Sells (D- and emails sent in support, neither bill Everett) and Sen. Kirk Pearson (R-Mon- passed in 2013. However, Local 117 roe), would grant DOC employees the temporarily secured interest arbitration same binding interest arbitration rights for the 2013-15 collective bargaining that cover police officers, fire fighters agreement as part of a settlement of an and other public safety workers who’ve unfair labor practice charge against the Hundreds of Teamster correctional employees, their families and allies rallied on given up their right to strike. state. Let’s make it permanent by pass- the steps of the State Capitol on Jan. 10 to call for interest arbitration. “Correctional employees perform ing this legislation in 2014.

Work safety An assault on prevailing wage laws Do you recall any state legislators would more broadly apply residential increased the number of slots available. laws need running for election last fall by promis- prevailing wages—which are lower—to HB 1922, sponsored by Rep. Luis ing to lower your wages? We don’t. And mixed-use buildings, including work on Moscoso (D-Mountlake Terrace), would an update yet, the 2013 session brought a surpris- utilities, streets and other structures as- expand apprenticeship opportunities for ing number of proposals to do just that. sociated with the project. Under current highway construction workers. Plus it In addition to bills to create a sub- Improving workplace health law, all work on such projects must pay would establish a Department of Trans- minimum wage for new hires and to and safety will protect Washington higher commercial wages. portation recruiting program for women, help businesses get away with illegally workers from serious harm and The bill’s supporters tried to portray veterans and people of color based on a denying overtime and minimum wages also lower workers’ compensation SB 5107 as an attempt to clarify con- successful program in Oregon and sev- (see story on Page 8), the Republican- costs for Washington businesses. flicting federal and state standards, not eral other states. controlled Senate also sought to under- Preventing injuries and illnesses an attempt to lower wages. They also HB 1922 passed the House on a mine prevailing wage standards so con- before they happen just makes said it would save money so more low- mostly party-line 57-41 vote, because tractors can pay construction workers sense, yet many of the laws gov- income housing can be built. But every most Republicans oppose efforts to less money. erning safety at work have not been dollar it “saves” is a dollar taken out promote union apprenticeship programs Several Senate bills were introduced updated since the 1970s. Many say of a construction worker’s pocket. Cut- even though they are jointly adminis- to exempt various types of public-works the penalties for violating work ting wages to build more low-income tered by labor and industry representa- projects from prevailing wages: safety laws are so low they are not housing is not a vision that reflects our tives. It didn’t even get a hearing in the n SB 5619, sponsored by Sen. Janéa a deterrent, they are simply consid- values in Washington state. Republican-controlled Senate. Holmquist Newbry (R-Moses Lake), ered a cost of doing business. SB 5107 passed the Senate 26-23, HB 1023 by Rep. Jim Moeller (D- would exempt fire repair projects. HB 1891, sponsored by Rep. with all Republicans, Republocratic Vancouver) and SB 5393 by Sen. Karen n SB 5508, sponsored by Sen. Brian Chris Reykdal (D-Tumwater), Sens. Rodney Tom and Tim Sheldon, Keiser (D-Kent) would extend appren- Hatfield (D-Raymond), would exempt would fix that. It would instruct the and freshman Sen. (D- ticeship utilization standards to publicly rural school projects. Department of Labor and Indus- Issaquah) voting “yes.” It died without a subsidized projects that cost $5 million n SB 5727, sponsored by Sen. John tries to review and recommend up- vote in the House. or more. Given the increase in public- Braun (R-Centralia), would exempt dates to civil penalties for violating private partnerships and the tax subsi- projects in “distressed” counties. (Just health and safety laws, clarify the Apprenticeship blocked dies available to these builders, it makes what a distressed county needs: lower rights of victims of serious work a lot of sense to have them share in this wages and more out-of-state contractors Apprenticeship utilization standards accidents, and promote safety com- commitment to training the next genera- and workers!) on public-works projects have suc- mittees, among other things. tion of construction trades workers. Thankfully, none of those bills sur- cessfully promoted paid training for It passed the House 65-32 but HB 1023 passed the House Labor vived committee cutoffs. family-wage job opportunities, without never received a committee vote in and Workforce Development Committee The one that did pass the Senate costing the state a penny. Requiring that the Republican-controlled Senate. but never received a floor vote. PAGE was SB 5107, sponsored by Sen. Mike 15% of work hours on public projects Padden (R-Spokane Valley), which be done by apprentices has significantly WSLC 2013 LEGISLATIVE REPORT 7 Senate GOP attacks state wage laws By KATIE GARROW part-time worker at 20 hours per week, and overtime pay laws, creating a new On the surface, these bills may seem that period could last up to 8.5 months. loophole to avoid paying employees for mild when compared to blatant attacks A growing, insidious attack on basic Touted as a tool to increase youth the work they’ve performed. like right-to-work (for less) legislation wage-and-hour laws emerged from the employment, there is no evidence that Under the law, businesses could un- introduced this year by Sen. Michael Republican-controlled Senate in 2013, cutting the minimum wage lowers teen derpay employees if they got erroneous Baumgartner (R-Spokane). But make no demonstrated in particular by two bills: joblessness, which is up nationally as departmental “advice” about their legal mistake; these attacks are calculated and n SB 5275, sponsored by Sen. Janéa teens compete with adults for scarce obligations and avoid any penalty for are part of a national strategy by Repub- Holmquist Newbry (R-Moses Lake), jobs. Though it passed the Commerce having incorrectly paid workers. It is not licans to weaken employment laws. The would allow businesses to pay a sub- and Labor Committee on a party-line 4-3 the employees’ fault that their company national war on workers has been pack- minimum wage for a “training period.” vote, SB 5275 never made it to the floor. violated the law, yet they are the ones aged and sold as “minor tweaks” and The bill allows an employer to pay a new n SB 5158, sponsored by freshman who don’t get paid. SB 5158 incentivizes reforms to state laws by the likes of the worker (whether they are in training or Sen. John Braun (R-Centralia), would employers to seek interpretations of the corporate-funded right-wing American not) 25% less than the minimum wage allow a “good-faith defense” for busi- law that suits them. It passed the Senate, Legislative Exchange Council (ALEC). for the first 680 hours of work. For a nesses that violate state minimum wage 25-24, but died in the House. Not in this Washington! Crackdown urged on wage theft, Nyah nayan anyan misclassification

By KATIE GARROW This session, the Stop Wage Theft Coalition of la- bor, community, small business and faith-based groups came together to support a bill that would fight wage theft and employee misclassification across industries. HB 1440, sponsored by Rep. John McCoy (D-Tulalip) and 26 co-sponsors, aimed to address our state’s un- derground economy by cracking down on businesses that are cheating workers —and state and local gov- ernments—out of the money they are owed. HB 1440 clarified the definition of “employee,” while preserving the independence of legitimate “in- dependent contractors,” and ensured that wages and taxes can be re- covered when un- scrupulous busi- nesses cheat the system and their workers. It would expand worker protection from The Washington State Labor Council distributed leaflets like this one to legislators to remind them about retaliation, create what’s right with our state’s popular public workers’ compensation system. (Download it at The Stand!) a wage lien to re- cover lost wages, and streamline the quickly declared that they had “gone backwards” way that the De- Workers’ comp on the issue of workers’ compensation, saying their partment of Labor bills would “reduce protections for workers and their Continued from Page 1 and Industries and the Employment Security Depart- families. I think they are unnecessary.” ment share information between units. It also increases But Senate Republicans continued to push the penalties for employers who don’t abide by the law, are currently limited to injured workers 55 and issue, particularly lowering the eligibility age for creating a true disincentive to cheat. older. These “voluntary” buyouts are made during lump-sum buyouts. SB 5127 was on the list of policy Stop Wage Theft Coalition partners worked hard to times of financial desperation—when families have bills that they insisted be on the table as lawmakers organize and encourage their constituencies to tell their lost their income and are likely to be facing extreme entered the first special session. stories of wage theft to the Legislature. And those sto- hardship. That can lead people into taking buyouts Ultimately, any sense of urgency for further cut- ries were truly tragic: janitors forced to work 364 days that aren’t in their best interests, especially younger ting benefits was diminished when the Department of a year but misclassified as independent contractors, workers who can’t anticipate their future expenses. Labor and Industries reported that the system’s finan- day laborers denied wages and faced with threats of The only way buyouts save the system money is if cial condition is improving as the economy recovers. deportation and retaliation if they dared to file a wage injured workers accept less than they would other- The state-run workers’ comp system now has an theft claim, and injured or laid-off workers who had no wise get. The Senate passed SB 5128, 25-24, de- operating surplus, and hundreds of millions of dol- idea they were classified as “independent contractors” spite opposition from all Democrats in the minority. lars more than previously anticipated are available to and therefore not eligible for workers’ compensation or n SB 5127 would lower the age limit on lump-sum bolster reserve funds depleted during the recession. unemployment benefits. buyouts from 55 to 40 years old. It also blocks the The final nail in the coffin for Senate efforts to Legislators also heard from frustrated small busi- state, when authorizing buyouts, from considering expand lump-sum buyouts in 2013 came near the ness owners who reported being underbid by unscru- the “best interests” of injured workers if they have end of the second overtime session. L&I announced pulous competitors that misclassified their workers legal representation. This Senate “compromise” that the buyouts weren’t saving the system as much to avoid paying taxes and adhering to wage-and-hour (with itself) passed 30-19 with Democratic Sens. as had been advertised when it passed in 2011, with laws. Honest employers who play by the rules pleaded Tracey Eide, Jim Hargrove, Brian Hatfield, Steve “savings” about $242 million short of expectations. with lawmakers to help them compete on a level play- Hobbs and Mark Mullet joining the Republican ma- “Organized labor argued all along that projected ing field by cracking down on wage theft and employ- jority coalition in support on the first vote—though savings were wildly off base,” said WSLC President ee misclassification. fewer Democrats supported it on subsequent votes. Jeff Johnson. “Those inaccurate projections from HB 1440 made it through the House’s Labor and n SB 5112 allows Retrospective Rating groups 2011 were the biggest reason legislators legalized Workforce Development and Finance committees, to claim larger rebates by rushing injured workers the lump-sum buyouts in the first place. Now some but died without a floor vote. It faced opposition from through medical exams and vocational assessments. legislators want to double-down on this failing ex- companies like Avon and Amway based on the mis- It passed 25-24. periment by expanding the buyouts and they have a conception that the bill prevented people from working House Speaker Frank Chopp and other Demo- new set of ‘projected savings’ that are also grossly as legitimate independent contractors. Although the cratic leaders expressed frustration that this conten- inflated.” bill did not pass, the Stop Wage Theft Coalition will tious issue was the Senate’s priority, given the 2013 He urged legislators to “stop chasing phantom continue to pursue new strategies, educate legislators Legislature’s stated focus on education funding. savings down this rabbit hole. It’s harming injured on the issue, and build coalitions with small businesses Legislation approved in 2011 is already saving the workers and their families.” so this important legislation can be approved workers’ comp system hundreds of millions of dol- But look for conservative Senators who put cost- P lars, and it hasn’t been fully implemented yet. cutting ahead of injured workers’ best interests to A in 2014. G After the Senate passed its bills, Gov. Jay Inslee continue pressing for more buyouts in 2014. E WSLC 2013 LEGISLATIVE REPORT 8 opeiu8/afl-cio