A RESOLUTION CALLING TO AMEND THE FEDERAL ARBITRATION ACT TO PROTECT THE RIGHTS OF WORKERS
WHEREAS, the 1925 Federal Arbitration Act (“FAA”) was designed principally to permit businesses involved in international maritime trade and bona fide interstate commerce to enter into binding arbitration agreements to resolve disputes among them;
WHEREAS, the FAA was originally intended to allow, on a voluntary negotiated basis, arbitration agreements between merchants of roughly equal bargaining power to arbitrate commercial disputes, and excluded from such agreements employment contracts of workers engaged in foreign or interstate commerce;
WHEREAS, in recent decades, court decisions have interpreted the FAA in an increasingly expansive manner, allowing businesses to force employees, consumers and others to accept binding arbitration agreements that override their rights to engage in civil actions, seek criminal penalties, or any other legal remedies, outside of the arbitration procedures selected by the businesses, in cases of violations by the businesses of a growing range of laws, including labor, civil rights and environmental laws;
WHEREAS, recent court decisions have ruled in favor of mandatory arbitration agreement which not only prevents worker and consumers from using the courts but also bars class actions, even in the employer’s own arbitration procedures, putting individual workers and consumers at a great disadvantage when challenging large companies;
WHEREAS, the exemption in the FAA of employment contracts of workers “engaged” in foreign or interstate commerce from FAA requirements has, in recent years, been narrowly interpreted as applying only to transportation workers, leaving most workers potentially subject to mandatory arbitration under the act;
WHEREAS, under these broad new interpretations of the FAA, the percent of non-unionized companies which impose mandatory arbitration agreements on their employees grew from 2% in 1992 to 54% in 2017;
WHEREAS, 56% of all private non-unionized employees are now subject to mandatory employment arbitration procedures, which means 60 million American workers no longer have access to the courts to protect their legal rights under laws including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and many state and local laws;
WHEREAS, the current interpretation of the FAA has severely reduced the legal remedies of citizens across the nation, leaving them vulnerable to a growing range of abuses, including wage theft and other employment law violations, unfair consumer contracts, sexual harassment, and employment and other discrimination based on race, sex and other protected characteristics; and
WHEREAS, court interpretations that the FAA pre-empts most state actions means that it is up to Congress to make the statutory changes in the FAA needed to provide relief for citizens from the burden of involuntary mandatory arbitration often imposed under that act.
THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) Congress of the United States is respectfully memorialized to enact legislation amending the Federal Arbitration Act to limit its application to transactions between commercial businesses, and thereby end the growing use under that act of mandatory arbitration imposed by businesses on employees, consumers, and other individuals, and thus protect the right of citizens to legal recourse underemployment, anti-discrimination, and other state and federal laws; and
BE IT FINALLY RESOLVED, that the NBCSL send a copy of this resolution to the President of the United States, the Vice President of the United States, members of Congress, and other federal and state government officials as appropriate.
- SPONSOR: Senator Ronald Rice (NJ)
- Committee of Jurisdiction: Labor and Workforce Development Policy Committee
- Certified by Committee Chair(s): Senator Ronald L. Rice (NJ) and Senator Will Smith (MD)
- Ratified in Plenary Session: Ratification Date is November 30, 2018
- Ratification is certified by: Representative Gregory W. Porter (IN), President
A RESOLUTION ON ELIMINATING DISPARITIES IN OCCUPATIONAL LICENSING REQUIREMENTS
WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes from research that economic equity continues to be a problem in this country, with people of color and people with disabilities witnessing poorer rates of employment and earnings than majority populations;
WHEREAS, according to the Bureau of Labor Statistics there were approximately 7.136 million unfilled jobs in the United States due in part to a shortage of workers with the necessary skills and qualifications to fill those positions;
WHEREAS, the largest gap is middle-skills jobs, requiring more than a high school diploma but less than a four-year college degree;
WHEREAS, research indicates that over the last sixty years, the number of jobs requiring an occupational license has increased from approximately 1 in 20 to more than 1 in 4 and when implemented properly, occupational licensing assists in the protection of the health and safety of consumers by requiring practitioners to undergo a designated amount of training and education in their respective field;
WHEREAS, licensing requirements vary substantially from state to state creates procedural problems for people holding a license, such as paperwork, fees, and additional training requirements;
WHEREAS, these disparities in licensing laws create barriers for people seeking to enter the labor market and make it more difficult for workers to relocate from state to state;
WHEREAS, state legislators are the policy-makers legislating licensure policies that prevent many people from relocating to find employment in other states where employment opportunities are available;
WHEREAS, the greatest negative impact of licensing policy due to the differences in policy laws across state-line, different classes of unemployed and dislocated workers people affected disproportionately;
WHEREAS, in most occupations, it has been determined that licensing has a direct correlation with lower unemployment rates. However, a licensed worker in one state is hesitant to move to another state to find employment due to the money and time spent in a particular state to acquire the license; and
WHEREAS, that the NBCSL understands the ability for a person to earn better wages, maintain a decent quality of life, provide for their family, be productive and to be able to grow with employment opportunity is often-times dependent on a worker’s mobility.
THEREFORE, BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports federal and state legislation that removes the disparities in licensing laws that create barriers for workers to relocate across state-lines to find employment and to enter the labor market;
BE IT FURTHER RESOLVED, that the NBCSL supports reciprocity of occupational licenses among states;
BE IT FURTHER RESOLVED, that the NBCSL encourages and supports federal legislation to increase federal occupational licensing reform grant funding to state governments working together to develop model legislation and implement laws that remove the barriers from states’ licensing laws that prevent the portability of licenses across state-lines; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.
- SPONSOR: Senator Ronald Rice (NJ)
- Committee of Jurisdiction: Labor and Workforce Development Policy Committee
- Certified by Committee Chair(s): Senator Ronald L. Rice (NJ) and Senator Will Smith (MD)
- Ratified in Plenary Session: Ratification Date is November 30, 2018
- Ratification is certified by: Representative Gregory W. Porter (IN), President
A RESOLUTION SUPPORTING THE EXPANSION OF OCCUPATIONAL APPRENTICESHIP PROGRAMS
WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes from the research that a postsecondary education or training has become more essential for economic success;
WHEREAS, in October 2018, there were 6.1 million unemployed Americans, yet the U.S. Department of Labor reported that there were 7.136 million jobs openings on the last business day of August because many companies are struggling to find qualified workers to fill the vacancies;
WHEREAS, over the next decade 3.4 million manufacturing jobs will become available as baby boomers retire and the economy expands, but two million of them will go unfilled due to the widening skills gap according to Deloitte and the Manufacturing Institute;
WHEREAS, approximately 45 percent of jobs, according to the Brookings Institution findings of all jobs over the next decade will be in “middle-skill occupations, which will require more than a high school diploma but less than a bachelor’s degree;
WHEREAS, the rate of unemployment for millennials remains high, apprenticeship programs can be an affordable way to “earn while you learn;”
WHEREAS, apprenticeship is an effective and cost-efficient way to provide a solution for companies willing to invest up front to build their current and future workforce;
WHEREAS, apprenticeship is a proven worker training strategy that combines on-the-job training with classroom instructions;
WHEREAS, benefits of the registered apprenticeship programs include incremental wage increases, improved skills, career advancement, enhanced retention and increase productivity;
WHEREAS, registered apprenticeship program has proven to be an efficient way to ensure employer needs are matched with employee skills;
WHEREAS, apprenticeship programs are not properly aligned with the industries that demand the most skilled workers; and
WHEREAS, that the NBCSL understands apprenticeship programs are heavily concentrated in goods-producing industries while the vast majority of job growth is projected to occur in high-growth service-providing industries, such as healthcare and professional and business services.
THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) support federal and state legislation and funding for “earn and learn” apprenticeship programs that will prepare workers for the jobs employers will demand;
BE IT FURTHER RESOLVED, that the NBCSL encourage and support federal legislation and funding to states that establish new and grow existing programs, build a talent pipeline through pre-apprenticeship and youth apprenticeship, and establish a comprehensive plan to integrate apprenticeship as part of a state’s broader workforce strategy;
BE IT FURTHER RESOLVED, that the NBCSL support federal and state legislation that establishes a tax credit program to provide an incentive for employers to work with pre-apprenticeship and apprenticeship programs; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.
- SPONSOR: Senator Ronald Rice (NJ)
- Committee of Jurisdiction: Labor and Workforce Development Policy Committee
- Certified by Committee Chair(s): Senator Ronald L. Rice (NJ) and Senator Will Smith (MD)
- Ratified in Plenary Session: Ratification Date is November 30, 2018
- Ratification is certified by: Representative Gregory W. Porter (IN), President
RESOLUTION TO ESTABLISH PARTNERSHIP BETWEEN THE NATIONAL BLACK CAUCUS OF STATE LEGISLATORS AND THE LABOR ROUNDTABLE
WHEREAS, the National Black Caucus of State Legislators (NBCSL) has 15 policy committees composed of NBCSL legislators;
WHEREAS, these committees meet to exchange ideas, network, and find solutions to issues facing all Americans;
WHEREAS, the Labor and Workforce Development Policy Committee reviews and addresses issues and practices related to labor and workforce development;
WHEREAS, the Labor Roundtable is composed of international, national, state, and local unions which is comprised of paid dues members, and union staff that exchanges information and advocates for the inclusion of labor rights for all working families; and
WHEREAS, the basic principle of the labor movement has been and will remain that strength is best found in unity.
THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) has determined that it is in the interest of NBCSL, the Labor Roundtable, and the constituents they both represent, to reestablish the Labor Workforce Roundtable;
BE IT FURTHER RESOLVED, that the NBCSL, through its Labor and Workforce Development Committee, will establish a dialogue with the Labor Roundtable to analyze the impact of labor policies on women, people of color and other disproportionately impacted groups’ labor issues will include but are not limited to the following: minimum wage, affirmative action, right to work, workers’ rights, wage equality, and family leave;
BE IT FURTHER RESOLVED, that the Labor Roundtable may submit resolutions to the Labor and Workforce Development Policy Committee for consideration at the Annual Legislative Conference;
BE IT FURTHER RESOLVED, that the NBCSL will establish an annual fee for all international, national, state, and local unions who wish to be a part of the committee with tiers for membership and a conference registration fee for members of the Labor Roundtable to attend the NBCSL’s Annual Legislative Conference; and
BE IT FINALLY RESOLVED, that the NBCSL send a copy of this resolution to the President of the United States, the Vice President of the United States, members of Congress, and other federal and state government officials as appropriate.
- SPONSOR(S): Senator Ronald Rice (NJ) and Representative Gilda Cobb-Hunter (SC)
Committee of Jurisdiction: Labor and Workforce Development Policy Committee
Certified by Committee Chair(s): Senator Ronald L. Rice (NJ) and Senator Will Smith (MD)
Ratified in Plenary Session: Ratification Date is November 30, 2018
Ratification is certified by: Representative Gregory W. Porter (IN), President