Legislative Alert

Congressional Sneak Attack on Federalism and the Constitution

The attack came in the form of an amendment to a supplemental appropriations bill, H.R. 4899, that would incorporate, along with a wide variety of other things, the language of the misnamed "Public Safety Employer-Employee Cooperation Act (PSEECA)."

The PSEECA would use the power of the federal government to impose unionism on state and local public safety - police, fire and rescue - departments in states that have had the good sense to not give public sector unions monopoly bargaining privileges.

The way this would work is that the Federal Labor Relations Authority (FLRA) would come up with regulations to determine whether a state had already done such a lousy job of protecting the public interest from union special interests that it qualified for an exemption from the federal law.

The states that would definitely, or probably not qualify for an exemption are:

This is blackmail! What they want is to make a federal takeover so unpalatable that states will cave in and enact laws giving unions these powers.

Despite the idea of an exemption for states with laws, the ability of citizens to control the size, cost and quality of essential public services through their elected representatives will suffer. In the states that qualify for an exemption the ability of the state legislature to make needed changes in the law will forever be hampered by the fear that in any way interfering with union power will cost the state the exemption.

Enactment of the “Public Safety Employer-Employee Cooperation Act” would tear the fabric of federalism in an essential area of public policy. It would be an enormous unfunded federal mandate on state and local government. It would result in a massive increase in public sector unionism and the resources available to the union movement in general. It would give encouragement to those who want the federal government to mandate unionism in every area of state and local employment.

It is imperative that all concerned citizens immediately contact their U.S. Senators demanding that they oppose House Amendment 2 to H.R. 4899 or any other action that would enact the PSEECA.

You can find contact information for your U.S. Senators here.

You can find our complete analysis of this dangerous legislation here.

Please send an e-mail to let us know that you took action.

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Revised July 6, 2010