Legislative staffer unions percolate beyond D.C.

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Jan 23, 2023 View in browser   By Nick Niedzwiadek QUICK FIX STAFFERS STAND UP: House Republicans have thrown a wrench in the effort to unionize congressional staffers that picked up steam last year. But similar efforts in Democrat-controlled statehouses from coast to coast have also proliferated in the past few years and are continuing. The situation varies from place to place, but they differ from Congress in several ways — including that the prospective bargaining units tend to be chamberwide, rather than an individual member's office like in the House. Some also involve convincing lawmakers to pass legislation explicitly stating that staffers can unionize, as Washington state did last year. That's the case in California — where a late push to pass such a bill came up short — as well as Massachusetts, with a measure being introduced just last week to address legal issues that Senate Democratic leadership cited as reason not to recognize the union last year. Elsewhere, organizers believe existing law surrounding public-sector unions in their state already extends to legislative staffers. That's the case in New York where union backers went public last week with a push to unionize the Assembly, months Senate staffers launched their own drive. "This is not like a left or right thing. This is a worker and management thing," Astrid Aune, a Senate aide active with New York State Legislature Workers United. "If it's going to be a real bargaining unit it has to be everyone." But winning over their respective lawmakers is only one battlefront. They are also sure to face legal challenges from conservative and right-to-work groups. For instance, the Freedom Foundation is seeking to invalidate Oregon staffers' unionization vote in May 2021. Part of its argument is that the legislative union would violate the separation of powers because it would be overseen by Oregon's Employment Relations Board, a part of the executive branch. "All of its members are appointed by the governor, so it's controlled by the executive branch, and that subjects the legislature to the executive branch in a specific way," Freedom Foundation attorney Rebekah Millard told POLITICO. GOOD MORNING. It's Monday, Jan. 23. Welcome back to Weekly Shift, your go-to tipsheet on employment and related immigration. Send feedback, tips, and exclusives to emueller@politico.com and nniedzwiadek@politico.com. Follow us on Twitter at @eleanor_mueller and @nickniedz.   JOIN POLITICO ON 2/9 TO HEAR FROM AMERICA'S GOVERNORS: In a divided Congress, more legislative and policy enforcement will shift to the states, meaning governors will take a leading role in setting the agenda for the nation. Join POLITICO on Thursday, Feb. 9 at World Wide Technology's D.C. Innovation Center for The Fifty: America's Governors, where we will examine where innovations are taking shape and new regulatory red lines, the future of reproductive health, and how climate change is being addressed across a series of one-on-one interviews. REGISTER HERE.     Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories. On the Hill FROM CARBURETORS TO CONGRESS: First-term Rep. Marie Gluesenkamp Perez (D-Wash.) is pitching herself as the type of blue-collar worker that has drifted away from the Democratic party in recent years and someone with ideas on how to win them back, our Natalie Fertig reports for POLITICO Magazine. A sample of what she said: "We have to start rebuilding the American workforce. We're all part of the generation where the best trade schools got turned into computer programming schools. Now we're all on waitlists to see an electrician, plumber or carpenter." Around the Agencies COMING SOON FROM OSHA: Lobbyists representing the health care and construction industries are pushing back on the Biden administration's plans to finalize Covid-19 protections for workers in health care settings, arguing it would be unnecessary and burdensome in a still uncertain time, our Megan R. Wilson reports for Pros. The temporary rule, which OSHA stopped enforcing last year, included requirements surrounding ventilation, protective equipment and Covid testing and vaccination mandates, among other things. In finalizing it, the agency is considering whether to broaden the requirements and extend them to additional sectors such as construction workers inside a hospital. It is currently under review at the White House's Office of Management and Budget and has not been publicly released. More agency news: "NLRB Chair Hails Board's Precedent Output, Says More on Way," from Bloomberg Law. In the Workplace THE TECH TIDE TURNS: The wave of huge tech layoffs is partly a reflection of companies that ran up their headcount during the pandemic and are now shifting course, The New York Times reports. "Nearly 200,000 tech employees have been laid off since the start of 2022, according to Layoffs.fyi, a site that tracks job cuts in the sector." The glass-half full view: "The layoffs announced in recent weeks reverse a fraction of the hiring done in recent years." More workplace news: "Unemployed Americans Find Job Searches Take Longer as Labor Market Cools," from The Wall Street Journal. Unions SIGH OF RELIEF:The first two years of the Biden administration were dramatically better for the unions representing the federal workforce than during former President Donald Trump's term, Government Executive reports. "American Federation of Government Employees National President Everett Kelley described the Biden administration as a 'life raft' after years of fighting for survival under the last administration. Pain points remain, however, particularly at agencies like the Social Security Administration and the Veterans Affairs Department." One of the main points of contention in the Biden era were rules surrounding return-to-office policies — an area that Republicans in the House have vowed to scrutinize now that they're back in power in Congress. IN THE STATES D.C. WANTS ITS FEDERAL WORKERS BACK: D.C. Mayor Muriel Bowser is criticizing the Biden administration's continued hybrid-work arrangements for federal workers as draining the economic life out of the capital city, our Michael Schaffer reports. "The problem, from the workers' point of view, is that shoring up Metro's finances or the city's reputation isn't really their job. … Or, as one unhappy HUD employee more colorfully put it to me: 'I was not hired to be an economic engine.'" More state news: "Ex-NYPD union boss admits theft of about $600,000 from union," from The Associated Press. Immigration A BIG OOPSIE: Immigration and Customs Enforcement released close to 3,000 migrants after accidentally disclosing their personal information late last year, the Los Angeles Times reports. "In late November, officials accidentally posted to the agency's website the names, birthdates, nationalities and detention locations of 6,252 immigrants who claimed to be fleeing torture and persecution. Immigrant advocates criticized the disclosure, saying it could put people at risk." A subset of those whose privacy was violated have already been deported back to their home country, though the U.S. said it would attempt to assist them seek asylum. What We're Reading — Tech Layoffs Shock Young Workers. The Older People? Not So Much," from The New York Times. — "OPM Official Accused of Using N-Word, Sexual Harassment During His Tenure at Defense," from Government Executive. — "Trump's agency relocations hurt staff experience, diversity, watchdog says," from The Washington Post. — "Don't Fear the Handshake," from The Atlantic. — Startup Workers' Dreams of Big Payouts Are Put On Hold," from Bloomberg. — CNH Industrial workers on strike since May approve new deal," from the Associated Press.   DOWNLOAD THE POLITICO MOBILE APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. The sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don't miss out on the app you can rely on for the news you need, reimagined. DOWNLOAD FOR iOS– DOWNLOAD FOR ANDROID.     THAT'S ALL FOR SHIFT!   Follow us on Twitter Eleanor Mueller @eleanor_mueller Nick Niedzwiadek @nickniedz   Follow us

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