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Legislative Updates
Source of Income Package
Due to recent pressures, several state and local governments have proposed legislation that would add government housing assistance recipients to their list of protected classes in housing law. Such enactments have commonly become known as "source of income" protection laws. In most states where such protections have been added source of income (SOI) has been defined to include federal, state or local housing assistance funds, effectively mandating participation in the federal Section 8 housing Choice Voucher Program.
As part of NAA's effort to combat source of income enactments, in early-June the association filed an Amicus Brief in suppoprt of Glenmont Hill's Petition to Cert to the United States Supreme Court, which was denied. This decision by the Supreme Court left standing a Maryland Supreme court ruling which held that a local Montgomery County source of income ordinance was not in conflict with federal law and therefore that the local law, making Section 8 participation mandatory, could be enforced by the county. In response to these events, at NAA's recent Legislative Committee meeting in Orlando several members requested additional information regarding the source of income protection issue. In addressing this request, NAA's Government Affairs staff has compiled this packet of information for affiliates and members to use in educating themselves and legislators regarding the issue. Additionally, possible strategies for how our industry may deal with this issue going forward are addressed. Employee Free Choice Act of 2007 (aka Card Checking)
To summarize the bill - this was the 110th Congress' chief labor bill which failed on June 26, 2007. If passed, it would change the rules that govern the formation of unions, the way first contracts between unions and employers are negotiated and how employees' rights are enforced. It would allow unions to be certified once a majority of employees have signed union authorization cards, rather than having to take a vote, and it designates a time line for first contracts to be drawn up between unions and employees. Finally, it would increase the fines employers must pay if found guilty of violating their employees' right to unionize.
The current procedure for certifying a union requires that union organizers, under a secret ballot process, ask workers at a designated facility to sign a pledge card expressing their interest to form a union. If 30 percent of the workers sign the cards, then the union can petition the National Labor Relations Board (NLRB) to conduct a federally-supervised secret election. Prior to the election, both the employer and union are given an opportunity to make the case for their position. If more than 50 percent of the employees vote for the union, then it is certified by the NLRB and the employer must begin collective bargaining.
The bill, if passed, specifically amends the National Labor Relations Act to require the NLRB to certify a union without directing an election, in fact prohibiting one, and the union is not obligated to inform the employer of the organizing campaign.
Other onerous provisions of the bill include binding, compulsory arbitration. If the two sides are not able to reach an agreement within 90 days, the negotiations are referred to a federal mediation panel which would attempt to strike a deal within 30 days. If that fails, then the dispute would be referred to a binding federal arbitration panel which would determine a contract that is binding on both sides for two years.
The bill also had new penalties that are only imposed on the employer during the negotiation process as well as increases in existing penalties. This is seen as a way for the unions to quickly increase their membership, as well as the dues which will increase their financial resources to use for their ambitious legislative agenda on Capitol Hill.
The political dynamics of this issue cannot be understated. Should the Democrats capture 60 or more seats in the Senate and win the White House, this bill will be re-introduced and has a very real chance of passing in the next congress; this could be the first big political fight for our industry next year.
NAA has provided a document by the US Chamber of Commerce outlining additional specifics of the issue.
Click here for the document.
PMAM Legislative Committee Reports
View reports from our state legislative committee and lobbyist, Kelley Cawthorne to stay informed of issues that are being monitored and acted upon at the state level.
If you are interested in being an active part of the solution at the local level please contact your local affiliate. It's important to establish relationships with legislators at the local, state and federal levels.
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January 2006 Responsible Property Managers Support Compliance-Based Inspection
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