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Labor law to be key issue in 2012

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In its November issue, Site Selection magazine awarded Indiana sixth place out of all states in its Top State Business Climate Rankings. But state Republican leaders say that Indiana will miss out on new jobs unless it adopts right-to-work legislation. Some Democrats have called that claim questionable.

Lawmakers have stated their intent to work together to find common ground, but with their opposing interpretations of what right-to-work laws do, they will likely spend a lot of time debating that point in 2012.

What it means

The National Labor Relations Act says that in a workplace where an employer and union have agreed upon a collective bargaining agreement, all employees – regardless of union membership – are covered by that labor agreement.

Only when an employer and union agree to a “union-security agreement” can an employer require all employees to be dues-paying members of the union. Even so, employees who don’t want to join the union may elect be “objectors,” paying only a portion of dues to cover union representation costs, like contract administration.

Right-to-work states have banned union-security agreements, meaning that objectors do not have to pay any portion of dues to the union but still benefit from its collective bargaining agreement.

What they’re saying

Democrats say right-to-work states erode unions by allowing workers to opt out of paying dues while enjoying the benefits, wages and other perks secured by union efforts. Republicans say right-to-work laws extend to Americans the freedom of choice they deserve.  

simpson-vi-mug.jpg Simpson

Sen. Vi Simpson, D-Bloomington, said she thinks a lot of misinformation exists about right-to-work laws.

Simpson said the argument in favor of right-to-work is that it creates favorable environments for business owners, who then bring jobs to right-to-work states. But she said that’s a claim that has not been proven. “In Oklahoma, for example, their unemployment actually went up after they passed right-to-work legislation,” Simpson said.

The Bureau of Labor Statistics shows that when Oklahoma passed right-to-work legislation in 2001, its unemployment rate was around 3 percent. Since then, its unemployment rate has risen along with, but not exceeding, the national unemployment rate. However, since 2002, the BLS reports Oklahoma’s union membership has declined by 39.6 percent, while nationwide, union membership decreased by 11.9 percent.

bill groth Groth

Labor attorney William Groth said he’s concerned about the intent of right-to-work laws.

“This isn’t about right to work – that’s a misnomer. Anybody and everybody has the right to work. What this effort is really about is a political attack against unions to weaken them politically by depriving them of revenue that they would be able to generate under security provisions.”

On Nov. 21, following a joint press conference, Rep. Brian Bosma, R-Indianapolis, and Sen. David Long, R-Fort Wayne, issued a statement about their commitment to right-to-work laws.

“Right-to-work isn’t about unions – it is about freedom and economic opportunity,” Bosma said in the statement.

At the July 26 meeting of the Interim Study Committee on Employment Issues, then-Indiana Commerce Secretary Mitch Roob said that companies pass over Indiana because of its lack of right-to-work laws. As an example, he cited Boeing’s decision to build a new plant in South Carolina, saying Boeing never considered Indiana as a location. But he stopped short of saying that he knew the reason Boeing never considered Indiana.

bosma-brian-mug Bosma

Roob also said Volkswagen would not open a plant in Indiana because it is not a right-to-work state. Addressing his remarks, Sen. Karen Tallian, D-Portage, reminded Roob that the Austrian company Fronius had opened a plant in her hometown a month earlier expressing no concerns about Indiana’s lack of right-to-work laws.

“And by the way, Volkswagen Europe is also totally unionized. Did they tell you that they weren’t coming to Indiana because we have unions and we didn’t have right-to-work?” Tallian asked.

Roob said he could not say on the record why Volkswagen did not build a new plant in Indiana.

In the committee meeting, Rep. Kreg Battles, D-Vincennes, said that right-to-work is just one factor companies might consider when choosing where to do business. Texas – which is a right-to-work state – has experienced rapid job growth in recent years. But, Battles said, like most other right-to-work states, it is in the southern half of the country where weather-related shipping and transportation delays are negligible. Texas also has no state income tax.

Economics and liberties

The Nov. 22 statement issued by Long and Bosma said that many businesses, when choosing where to locate do not consider states without right-to-work laws. As support, the statement cites testimony during the July 26 study committee on employment issues, but does not attribute the testimony to anyone. It cites other sources, too, but none provide names of companies that have allegedly skipped over Indiana as a place to do business.
 

EXTRA
Click here to view the unemployment rates of states with and without right-to-work laws.

Bosma told Indiana Lawyer that while Indiana has one of the highest nationally ranked business climates in the country, he thinks the time to move forward with right-to-work legislation is now.

“If things were great here in Indiana and our economy was ticking along in great strides, it probably wouldn’t be the program to look at,” he said. “But despite all of our positive efforts and strict fiscal efforts as a state, we still have 9 percent unemployment here.”

Simpson said she worries that right-to-work laws will reduce wages. But it’s not clear how laws forbidding union-security agreements would lower workers’ pay if non-union members are still covered by collective bargaining agreements.

The BLS shows that in 2010, the median weekly wage of full-time workers who were members of unions was significantly higher than that of non-union workers. For example, male (age 16 and older) union members earned a median of $967 per week, while their non-union peers earned $789 per week.

Groth said that non-union members do have a say in how compulsory dues are applied.

“If I don’t like the union’s political stand or political contributions, I can tell my union that I want my dues reduced by the amount that is contributed to those activities,” he said.

Groth said right-to-work laws impede on the ability of businesses to make decisions.

“But this is exactly what right-to-work is all about – it’s the government telling businesses that they cannot include these security provisions in their agreements, he said”•

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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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