May 22, 2013

M13-016

To: SPEEA Council Delegates

From: SPEEA L&PA Committee

Subject: PRE-SUBMITTED NEW BUSINESS: Motion to Protect the National Labor Relations Act and the Fair Labor Standards Act

Background

The National Labor Relations Act (NLRA) of 1935 and the Fair Labor Standards Act (FLSA) of 1938 are the cornerstones of American labor and employment law. The NLRA guarantees the rights of employees to organize, collectively bargain and engage in other protected concerted activity. The FLSA establishes minimum wage, overtime protections, recordkeeping, and youth employment standards for the majority of American employers.

In the past several year there have been repeated attempts in Congress to weaken worker protections and union rights under the FLSA and NLRA.

Examples include:

· S. 1747, The Computer Professionals Update Act (introduced in the 112^th Congress)

Exempts all IT-related workers from legal overtime protections.

· H.R. 1120, Preventing Greater Uncertainty in Labor-Management Relations Act (passed the U.S. House in April 2013)

Shuts down the National Labor Relations Board for a period of time.

· H.R. 1406—The Working Families Flexibility Act (passed the U.S. House in May 2013)

Allows comp-time to be used in lieu of paid overtime with little protections to ensure workers aren’t coerced into working longer hours for less pay.

Motion

It is moved: that the SPEEA Council support the L&PA Committee and SPEEA legislative staff in efforts to counter legislation, amendments or agency rulemaking that would undermine or erode worker protections under the National Labor Relations Act or the Fair Labor Standards Act and to support measures that protect or strengthen established workplace rights via these two Acts.

And, be it further moved, that the SPEEA Council will also encourage members to support legislative efforts to protect established workplace rights via these two Acts.