Labor Secretary Solis Reaffirms Commitment to EFCA's Passage, DOL Enforcement Efforts in AFL-CIO Speech

Labor Secretary Hilda Solis told attendees of the AFL-CIO Constitutional Convention in Pittsburgh today that she will work with the White House to “make the strongest case possible for the Employee Free Choice Act” and reiterated her position that the Department of Labor (DOL) “is once again back in the enforcement business.”  Her speech also outlined recent DOL enforcement efforts, and proposed regulations to reform the H-2A temporary agricultural worker program.

With respect to DOL enforcement, Solis announced that the agency is “adding nearly 670 additional investigators, inspectors, and other program staff, returning our worker protection efforts to a level not seen since 2001. So far, these resources has allowed the Wage and Hour Division to ensure that contractors on federal stimulus projects pay their workers the prevailing wage rates that they are entitled to.” Solis emphasized that worker safety is a chief concern, noting that since July, the Occupational Safety and Health Administration (OSHA) has completed 689 inspections and issued nearly 1,100 violations resulting in $1.6 million in fines.

Solis touched on immigration reform as well, explaining that the DOL is proposing to restructure the H-2A visa program. According to Solis, the proposed regulations “will reverse what I believe are unjust wage issues and working conditions for vulnerable U.S. and temporary foreign workers,” and “will ensure that before we import temporary workers to meet some labor shortages, U.S. workers have first dibs.”

As for the beleaguered Employee Free Choice Act (EFCA), Solis claimed that “it’s not enough to have fair wages and a safe workplace – workers also need a voice on the job!” To that end, Solis pledged to support EFCA, as well as the use of Project Labor Agreements for large federally funded projects.

President Obama is scheduled to speak at the AFL-CIO convention tomorrow.
 

Mary Beth Maxwell Heading to the DOL

Labor advocate and founding executive director of the American Rights at Work (ARW) Mary Beth Maxwell is joining the Department of Labor (DOL) as a senior advisor to Secretary of Labor Hilda Solis. According to an ARW press release, Maxwell will work with the White House Task Force on Middle Class Working Families, the Obama Administration’s new initiative aimed at “restoring labor standards, improving workplace safety, enhancing work and family balance, protecting retirement security, and helping protect middle- and working-class incomes.”

Maxwell has been a vocal advocate of the beleaguered Employee Free Choice Act (EFCA), and was widely rumored to be Obama’s pick to serve as Secretary of Labor. Maxwell is most known for her work at the ARW, a nonprofit advocacy organization begun in 2003 whose mission is to “promote the freedom of workers to join a union and bargain collectively.” Solis herself has ties to the ARW, having once served as the organization’s treasurer and board member. Prior to working at the ARW, Maxwell served as National Field Director for Jobs with Justice, an organization affiliated with the Service Employees International Union with which Secretary Solis is closely aligned. Her other positions have included acting as Deputy Field Director for NARAL, directing the pro-choice organization’s electoral, legislative, media, and fundraising training programs for local affiliates. Maxwell has also worked as Field Director for the United States Student Association.
 

Legislative and Regulatory News for the Week of Dec. 12

Health Care

Congress approved a technical correction to the section of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPA) that applies to collectively-bargained health plans. The legislation (S. 3712) corrects the effective date to read January 1, 2010 instead of January 1, 2009. The MHPA amends current requirements under ERISA, the Public Health Service Act and the Internal Revenue Code for parity in mental health benefits offered under a private group health benefit plan. For more information on the MHPA, see Littler’s ASAP: Equal Mental Health and Substance Use Benefits Realized by Russell D. Chapman and Andrea Jackson. 

Immigration

The Department of Labor (DOL) is amending its regulations regarding the H-2A and H-2B guest worker programs.  In addition, the USCIS revised Form I-9 to streamline the employment verification process.

Labor

President-elect Obama named Rep. Hilda Solis (D-Calif.) as his choice for Labor Secretary. Despite Solis’ ardent championing of the Employee Free Choice Act, EFCA’s support in the Senate appears to be faltering.

Safety and Health

Emily Spieler will lead Obama’s Transition Team on OSHA issues. In regulatory news, OSHA sent an advance notice of proposed rulemaking for its diacetyl standard to the Office of Management Budget’s Office of Information and Regulatory Affairs.  Diacetyl is the chemical used in food flavoring that is allegedly linked to the respiratory disease, colloquially known as “popcorn lung.”

Workplace Discrimination

The Equal Employment Opportunity Commission failed to issue regulations for the ADA Amendments Act, which goes into effect Jan 1.

Obama Nominates Hilda Solis for Secretary of Labor

In a surprise move, President-elect Obama has chosen dark-horse candidate Rep. Hilda Solis (D-CA) as Labor Secretary. Solis’ selection will no doubt appease organized labor, which chose her to defeat pro-free trade incumbent Democratic Congressman Matthew Martinez (D-CA) in a primary challenge in 2000, and which contributed heavily to her re-elections since.

Solis has served as a member of the U.S. House of Representatives for the 32nd District of California since 2001, and is currently a Senior Whip, as well as a Regional Whip, for Southern California. She is a member of the Committee on Energy and Commerce, where she is Vice Chair of the Environment and Hazardous Materials Subcommittee and a member of the Health and Telecommunications Subcommittees. She also serves on the House Committee on Natural Resources and the House Select Committee on Energy Independence and Global Warming. Prior to serving in Congress, she worked as a California State Senator from 1994-2000, and as a California Assembly Member from 1992-1994.

During her three terms in Congress, Solis voted along party lines 98.4% of the time. She is a staunch supporter of the Employee Free Choice Act (EFCA) in particular and unions in general. Born into a union family, Solis is considered to be one of organized labor’s strongest proponents in the House of Representatives. She has received a near 100% rating by the AFL-CIO in terms of her pro-union voting record. In addition, she has marched with Andy Stern, president of the Service Employees International Union, in support of increased wages and benefits for janitors. In a press release, Stern has stated:

As someone who has pounded the pavement knocking on doors for Hilda Solis in her first upset campaign in California, I can tell you firsthand that this woman is about opening doors for millions of Americans who get up and go to work each day.

AFL-CIO President John Sweeney has voiced similar praise for Solis:

We're thrilled at the prospect of having Rep. Hilda Solis as our nation's next labor secretary. We're confident that she will return to the labor department one of its core missions - to defend workers' basic rights in our nation's workplaces. She's proven to be a passionate leader and advocate for all working families - in fact, she's voted with working men and women 97 percent of the time. The AFL-CIO looks forward to working with Rep. Solis as she charts new territory for our nation's working men and women. 

Solis is a member of the American Rights at Work Board of Directors. American Rights at Work is a pro-labor think tank that is strongly in favor of EFCA’s passage and champions workers’ rights and workplace safety issues. David Bonior, an early candidate for the Secretray of Labor job and the Chair of American Rights at Work--and a close advisor to President-elect Obama--said about Solis’ nomination:

I’ve worked with her for years in Congress and she sits on our Board of Directors – she’s a terrific leader who I know first hand will work tirelessly on behalf of America’s working families.

Solis’ record for supporting business interests is less than spectacular. She has garnered a 21% rating in 2003 by the U.S. Chamber of Commerce, indicating a fairly anti-business voting record. 

She has consistently voted in favor of increasing the federal minimum wage. Solis has indicated she will continue to support a bill she co-sponsored, the Protecting America’s Workers Act (H.R. 2049), which increases penalties against employers for worker safety violations, enhances protections for whistleblowers, and mandates that employers pay for personal protective equipment. She is also in favor of greater OSHA funding to increase enforcement of workplace safety laws.

In terms of civil rights, Solis has supported the reintroduction of the Equal Rights Amendment and related bills promoting comparable work pay rules for women, and legislation prohibiting job discrimination based on sexual orientation. In the healthcare arena, Solis voted in favor of giving mental health benefits full equity with physical health benefits.

On the immigration front, Solis recently spoke out against the Bush Administration’s changes to the H-2A agricultural guest worker program.  In opposing the regulation changes, Solis claimed: 

There is no question that the guest worker program needs significant overhaul but slashing wages and reducing basic rights for the most vulnerable workers in our country, especially hardworking Latino farm workers, is not the answer. I look forward to working with the Obama Administration and the Democratic majority to find the best solutions to strengthen this workforce and protections afforded to them.

When nominated and if confirmed, Solis will certainly alter the direction and activity of the Department of Labor. Stay tuned!