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Thursday, September 8, 2011

Gov. Rick Snyder law Public Act 98, could be ruled in violation of the U.S. Constitution

A Reach Out Job Search News Op/Ed


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The reasons why Michigan's Governor Rick Snyder (R) and many members of the state Republican super-majority House and Senate need to be recalled from office, continues to pile up daily. 


Whether the argument for their perspective recalls are their keen ability to impose policies to damage the states' working classes and poor, increasing taxes on all of these groups, damaging children with measures to gut free public educational resources or drafting no real policies to promote actual job creation in Michigan.


Well, now we can add another little known measure to the pot of Gov. Snyder's policies ideas to destroy Michigan, and it's called Public Act #98. 


Signed into law on July 19th, Public Act #98, laughably nicknamed the "Fair and Open Competition in Government Contracting Act", the measure ends severely limit the ability for private unionized bidders, contractors, subcontractors and labor organizations, to perform services on state, county, charter townships and city contracts in Michigan. 


To sum the measure up effectively, this job killing bill outlaws Michigan workers who are members of a unionized workforce, to obtain employment opportunities on local, county or state based contracts, even in cases that the company presents the lowest bid on a project.


On September 7th, the Washtenaw County Board of Commissioners (WCBC) tackled between a mandatory compliance with now, state law and their desire to provide fair and equal opportunities to contract unionized companies and privatized organizations alike.
"(This Act) files in the face of protecting workers rights," Commissioner Yousef Rabbi (D-Ann Arbor) stated. "What the state has done is wrong and Gov. Snyder is wrong. Still, the Washtenaw County Board of Commissioners must abide by the law," Rabbi cited.
Rabbi offered two amendments that were affirmed by a majority of the WCBC by 7 to 3 and 6 to 4 votes respectfully. The two amendments addressed to reaffirm WCBC support of their Construction Unity Board (CUB) agreements to provide a fair and equal workplace and,  provide the reinstatement of CUB agreements process, if or when the state law is overturned in pending court lawsuits.
"(The) big problem with the state telling our counties how to do their business, is that they need to take care of their own business," Commissioner Alicia Ping (R-Saline) stated. 
"This is why when elections happen, we (as citizens) need to be involved," Commissioner Rabbi noted.
A lawsuit on behalf to outlaw Public Act #98 is currently being debated within Michigan Eastern Federal District Court in Genesee County. 


The legal action is based on Public Act #98 impacting state workers in Michigan's employment opportunities within a stained construction industry, from seeking to negotiate and implement project labor agreements and pre-hire agreements through their unions, for use on public works projects.  


Opponents of P.A. #98 cite "The law constitutes a impermissible state interference with the 'free play of economic forces' that Congress intended to govern construction industry labor relations," the complaint states.
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Finally, P.A. #98 could be in violation to the Constitution of the United States. Union organizers say the law violates the supremacy and contracts clauses of the U.S. Constitution and the National Labor Relations Act. With such, they seek an order declaring it invalid and unenforceable and permanently enjoining its enforcement.


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