Labor and Workforce Development (LWD) Policy Committee

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Resolution LWD-20-04

A RESOLUTION ON EMBRACING A DIVERSE PHYSICAL TRAITS IN THE WORKPLACE

WHEREAS, the National Black Caucus of State Legislators (NBCSL) is dedicated to the wellness and academic and professional advancement of African American people;

WHEREAS, the State of California became the first state in the nation to ban discrimination against black students and employees over their natural hairstyles with the enactment of the Create a Respectful and Open Workplace for Natural Hair (CROWN) Act;

WHEREAS, the history of our nation is riddled with laws and societal norms that equated “blackness,” with certain physical traits, for example, dark skin, kinky and curly hair to a badge of inferiority, sometimes subject to separate and unequal treatment;

WHEREAS, this idea also permeated societal understanding of professionalism, is closely linked to European features and mannerisms, which penalizes those who do not naturally fall into Eurocentric norms;

WHEREAS, these norms require many minorities alter their appearances, sometimes drastically and permanently, in order to be deemed professional in schools and workplaces;

WHEREAS, despite the great strides in American society, hair remains a rampant source of racial discrimination with serious economic and health consequences, especially for Black individuals;

WHEREAS, school and workplace dress code and grooming policies that prohibit natural hair, including afros, braids, twists, and locks, have a disparate impact on Black individuals as these policies are more likely to deter Black applicants and disproportionately burden or punish Black students and employees more than any other group;

WHEREAS, federal courts have recognized Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, and therefore protects against discrimination against afros;

WHEREAS, the courts do not understand that afros are not the only natural presentation of Black hair, Black hair can also be naturally presented in braids, twists, and locks;

WHEREAS, in a society in which hair has historically been one of many determining factors of a person’s race, and whether they were a second-class citizen, hair today remains a proxy for race; and

WHEREAS, exclusion from academic spaces and workplaces because of a Black person’s hair or other features leads to reduced access to educational and economic opportunities and continues to exacerbate the achievement and wealth gaps between African Americans and other racial and ethnic groups.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) recognizes that continuing to enforce a Eurocentric image of professionalism disparately impacts Black individuals and excludes them from some schools and workplaces in direct opposition to the United States’ Constitutional values of equity and opportunity for all a form of racial discrimination;

BE IT FURTHER RESOLVED, that the NBCSL encourages state policymakers and their membership to introduce legislation that prohibits discrimination against traits historically associated with race, including, but not limited, to natural hair textures and protective hairstyles; 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 Unites States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

  • SPONSOR: Senator Holly J. Mitchell (CA)
  • Committee of Jurisdiction: Labor and Workforce Development Policy Committee
  • Certified by Committee Co-Chair: Senator Ronald L. Rice (NJ)
  • Ratified in Plenary Session: Ratification Date is December 6, 2019
  • Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President
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Resolution LWD-20-26

A RESOLUTION SUPPORTING FULL RIGHTS AND PROTECTIONS FOR TRANSPORTATION SECURITY OFFICERS

WHEREAS, on September 11th, 2001, the United States faced the deadliest terrorist attack in U.S. history, these acts were carried out by terrorists who attacked our nation’s aviation security by hijacking and intentionally crashing four passenger airplanes into the twin towers of the World Trade Center in New York, the Pentagon in Virginia, and the fourth believed to target the U.S. Capitol Building in Washington, DC , and resulted in the loss of 2977 innocent lives and had a profound economic impact on the economy of the U.S.;

WHEREAS, failures of the patchwork of private contractors amounted to aviation security described as “permeable” by the 9/11 Commission, studies found that private screeners had inconsistent training and low pay and benefits leading to constant staff turnover;

WHEREAS, Congress acted on the public’s demand for the federalizing of airport screening duties so that procedures, training, and personnel were consistent at airports across the U.S. by passing the Aviation and Transportation Security Act, (Public Law 107-71) and created the Transportation Security Administration (TSA) and federalized airport screening duties;

WHEREAS, over 44,000 Transportation Security Officers (TSOs) provide passenger and baggage screening at over 96% of U.S. commercial airports, TSOs are subject to background checks, undergo extensive continuous training, and are certified in their positions annually;

WHEREAS, the TSO workforce remained on the job, performing their duties and protecting the flying public for 35 days without a full pay paycheck during the partial government shutdown from December 2018 – January 2019;

WHEREAS, TSOs are our neighbors in the community and contribute to the local economy by patronizing local businesses and reliably investing their wages where they live;

WHEREAS, in 2018, TSOs discovered 4,239 firearms in carry-on bags at checkpoints, of which 86% were loaded a 7% increase over the previous year;

WHEREAS, the service, commitment, and professionalism of TSOs has prevented the reoccurrence of acts of aviation terrorism against the U.S. since airport screening duties were federalized in November 2001;

WHEREAS, TSA has used interpretations of a statutory footnote in the Aviation and Transportation Security Act (49 U.S.C. 44901) that allows the agency head to “employ, appoint, discipline, terminate, and fix the compensation,” including the “terms and condition of employment” to exclude the TSO workforce from the rights and protections afforded most federal workers under Title 5 of the U.S. Code;

WHEREAS, despite the important service TSOs provide to U.S. commercial aviation and the communities that rely on the integrity of air travel as part of the state and local economy, the average beginning wage for TSOs is about $35,000, and many animal control workers can earn more than TSOs;

WHEREAS, the stress incurred by the TSO workforce, whose duties require them to quickly and pleasantly screen passengers with 100% accuracy at all times, is increased by low pay, a lack of rights and worker protections, and overwork;

WHEREAS, survey results have shown TSA employees to be among the federal agencies with the lowest morale, and in 2018, the Best Places to Work in the Federal Government survey ranked TSA 395th out of 415, and 410 out of 410 in pay;

WHEREAS, uniformed personnel of other Department of Homeland Security components, including Immigration and Customs Enforcement and Customs and Border Patrol officers perform their duties under the rights and protections of Title 5 of the U.S. Code;

WHEREAS, legislation introduced by Representatives Bennie Thompson and Nita Lowey during the 116th session Congress, H.R. 1140, the Rights for Transportation Security Officers Act of 2019 repeals the statutory footnote interpreted as granting the TSA Administrator authority to set the terms and conditions of employment for TSOs and places all workers at TSA under Title 5 of the U.S. Code, and

WHEREAS, a loss of rights to a group of workers is an affront to our entire community, which has prided itself by ensuring that all workers are equal under the law, and that federal TSOs provide the best defense against aviation terrorism.

THEREFORE, BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports the dedicated men and women of the TSO workforce and urges the TSA Administrator to grant TSOs the same rights under Title 5 of the U.S. Code afforded other federal employees and calls on the U.S. Congress to pass legislation that would provide TSOs with the same rights and privileges of other federal employees; 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 L. Rice (NJ)
  • Committee of Jurisdiction: Labor and Workforce Development Policy Committee
  • Certified by Committee Co-Chair: Senator Ronald L. Rice (NJ)
  • Ratified in Plenary Session: Ratification Date is December 6, 2019
  • Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President
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Resolution LWD-20-27

A RESOLUTION ON RESTORING STATE AUTHORITY TO PROTECT OUR CITIZENS

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 prevent worker and consumers from using the courts, but also bar 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) urges and encourages the Congress of the United States to enact legislation amending the Federal Arbitration Act to limit its application to transactions between commercial businesses, and 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 under employment, anti-discrimination, and other state and federal laws;

BE IT FURTHER RESOLVED, that the NBCSL is deeply concerned about the current state of Federal Arbitration Act as it undermines the ability of state governments to make enact meaningful protections in states and urges Congress to remove this loophole that limits state authority; 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 L. Rice (NJ)
  • Committee of Jurisdiction: Labor and Workforce Development Policy Committee
  • Certified by Committee Co-Chair: Senator Ronald L. Rice (NJ)
  • Ratified in Plenary Session: Ratification Date is December 6, 2019
  • Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President
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Resolution LWD-20-29

A RESOLUTION SUPPORTING EARNED SICK LEAVE FOR EMPLOYEES

WHEREAS, employees across this country have often had to forego their earnings while caring for either themselves or their families due to illness;

WHEREAS, earned sick leave should be available for the employee’s own medical needs or to tend to the medical needs of a family member;

WHEREAS, employers should provide earned sick leave to employees;

WHEREAS, paid sick leave was available to 71 percent of workers in private industry in March 2018, according to the Bureau of Labor Statistics;

WHEREAS, the Bureau of Labor Statistics also found that paid sick leave was available to 31 percent of workers with an average wage in the lowest 10 percent and to 92 percent of workers with an average wage in the highest 10 percent;

WHEREAS, this large gap shows, how our most economically vulnerable employees are prevented are often not allowed to get healthy without facing economic consequences; and

WHEREAS, only 11 states have laws protecting paid sick leave for employees.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports state and federal legislation to provide employees with earned sick leave though their respective employers and to protect the employees right to use such policies;

BE IT FURTHER RESOLVED, that the NBCSL believes that employer should pay employees for earned sick leave at the same rate of pay and with the same benefits as the employee normally earns, and encourages our states and the federal government to work toward that goal wherever possible;

BE IT FURTHER RESOLVED, that the NBCSL recognizes that this could adversely affect private employers if broadly implemented, as such, NBCSL first urges that such policies be first effective on all public sector employees within a state, then to gradually include the private sector starting with the largest employers first; 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: Assemblymember Shavonda E. Sumter (NJ)
  • Committee of Jurisdiction: Labor and Workforce Development Policy Committee
  • Certified by Committee Co-Chair: Senator Ronald L. Rice (NJ)
  • Ratified in Plenary Session: Ratification Date is December 6, 2019
  • Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President
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Resolution LWD-20-42

A RESOLUTION ON ALTERNATIVE COMMUNITY BANKING

WHEREAS, the National Black Caucus of State Legislators has long been dedicated to financial empowerment of the economically disadvantaged;

WHEREAS, 76% of American families live paycheck to paycheck with little or no savings for emergencies, as found by a BankRate.com study;

WHEREAS, nearly 25 million US workers earn less than $10.10 an hour itself below poverty level for a single parent working 35 hours per week to support two children;

WHEREAS, approximately 12 million people turn to small-dollar, short-term payday loans to make ends meet or cover emergency expenses, according to the Pew Charitable Trusts (2012);

WHEREAS, payday borrowers typically have no cash cushion, no savings, poor or no credit, and nowhere else to turn but payday lenders and other such financial predators;

WHEREAS, these predators charge exorbitant fees and usurious interest that result in effective annual percentage rates (APRs) averaging nearly 400%, also according to Pew;

WHEREAS, such predatory fees and interest total, on average, $520 on a typical $375 loan;

WHEREAS, such predators impose rules designed to entrap desperate borrowers, such as loan terms averaging 14-17 days, according to a Milken Institute report (2014);

WHEREAS, the typical payday borrower is trapped for at least seven debt cycles on a given loan, staying indebted at high cost for more than half the year, according to Consumer Financial Protection Bureau (CFPB) data (2013);

WHEREAS, the excessive portion of predatory charges totals nearly $2,190 per payday borrower per year, based on data cited by the office of the Inspector General (OIG) of the United States Postal Service (USPS), an amount that is: equal to more than a full month’s hard-earned wages for the working poor, or nearly equal to a poverty-level family’s average annual food budget, or more than 93% of the average Earned Income Tax Credit (EITC), designed by Congress to assist lower-income working families and not to be taken by financial predators;

WHEREAS, excessive costs of alternative financial services “including, and especially, costs of payday loans and reloadable money cards on which unbanked and under-banked people commonly rely totaled approximately $80 billion in 2012 and was anticipated to rise by approximately 10.5% in 2013, according to data cited by the USPS Office of Inspector General;

WHEREAS, returning said $80 billion per year to the control of people from whom it is taken, would enable said individuals and families to better care for their own needs;

WHEREAS, returning to said people essentially a full month of their own wages, would result in substantial positive impacts, such as: easing demand on services provided by local nonprofits and on tax-supported public services; and substantially reducing the need to rely on payday borrowing, and potentially generating more than $3 billion in additional sales tax revenues with no rate increase;

WHEREAS, no effective nationwide solution is currently in place to consistently provide such loans and related financial services at low cost;

WHEREAS, the conventional banking industry has experimented with affordable financial products and services geared to poverty-level customers, but has generally failed to provide effective nationwide solutions;

WHEREAS, market forces have prompted banks to generally abandon the poor, for example by shuttering more than 2,200 branches in 2012 alone, mostly in low-income neighborhoods (thereby creating bank deserts ) while opening new branches in higher-income neighborhoods;

WHEREAS, the USPS office of Inspector General proposed on January 27, 2014 that the USPS could sustainably provide low-income workers and retirees with payday loans at less than one-tenth the cost imposed by predators e.g., a $48 cost instead of $520 on a $375 loan as well as low-cost reloadable money cards and related low-cost financial services (collectively and generally referred to as postal banking); and

WHEREAS, nearly 60% of America’s 30,000+ US Post offices are located in bank deserts, i.e., zip codes having zero or only one bank branch.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports establishing safe and secure postal banking, thereby enabling the only consistent nationwide alternative to payday predators and urges Congress to provide the US Postal Service with the ability to move forward on providing these services subject to the necessary consumer protections and restrictions;

BE IT FURTHER RESOLVED, that the NBCSL understands that steps will need to be taken on the part of the US Postal Service, to establish safe and secure postal banking that will help our communities, and the USPS should begin launching pilot programs, consumer studies, and partnering with the necessary financial institutions; and

BE IT FINALLY RESOLVED, that a copy of this resolution is 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 L. Rice (NJ)
  • Committee of Jurisdiction: Labor and Workforce Development Policy Committee
  • Certified by Committee Co-Chair: Senator Ronald L. Rice (NJ)
  • Ratified in Plenary Session: Ratification Date is December 6, 2019
  • Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President
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Resolution LWD-20-43

A RESOLUTION ON PROTECTING THE UNITED STATES POSTAL SERVICE

WHEREAS, under article I, section,8 clause 7 of the United States Constitution the United States Postal Service is a mandated service created in 1792;

WHEREAS, the United States Postal Service does not receive taxpayer funding;

WHEREAS, the United States Postal Service is an independent entity that relies solely on revenue derived from the sale of postal services and products;

WHEREAS, the United States Postal Service and its more than 500,000 employees are at the center of the $1.4 trillion mailing industry, employing a total of 7.5 million Americans;

WHEREAS, the United States Postal Service serves the needs of 157 million business and residential customers at least six days a week, maintains an affordable and universal network, and connects the country’s rural, suburban, and urban communities;

WHEREAS, the United States Postal Service is consistently the highest rated agency of the Federal Government in nonpartisan opinion polls as well as the Nation’s second largest employer of military veterans;

WHEREAS, the U.S. government began requiring the USPS to prepay retiree health-care obligations in 2007, a requirement that its private competitors does not have, and prepaying these benefits has required the postal service to set aside billions every year delaying capital improvement projects and contributing to the losses of the postal service;

WHEREAS, privatization of the United States Postal Service would result in higher prices and reduced services for its customers, especially in rural communities; and

WHEREAS, privatization of the United States Postal Service would jeopardize the booming e-commerce sector and cripple a major part of the Nation’s critical infrastructure.

THEREFORE BE IT  RESOLVED, the National Black Caucus of State Legislators (NBCSL) supports federal legislation that ensures the United States Postal Service remains an independent entity of the United States Government and not be subject to privatization;

BE IT FURTHER RESOLVED, that the NBCSL supports removing the requirement for the US Postal Service to prepay retiree health obligations and improve its overall the financial footing;

BE IT FURTHER RESOLVED, that the NBCSL supports protecting postal employees health and retirement benefits, and that no change to prepaying these benefits should change the responsibility of the federal government to ensure that these benefits be available to past, current, and future postal employees who are entitled to full benefits for this difficult job; and

BE IT FINALLY RESOLVED, that a copy of this resolution is 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 L. Rice (NJ)
  • Committee of Jurisdiction: Labor and Workforce Development Policy Committee
  • Certified by Committee Co-Chair: Senator Ronald L. Rice (NJ)
  • Ratified in Plenary Session: Ratification Date is December 6, 2019
  • Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President
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