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January 3, 2012 in Idaho
Federal judge voids two new Idaho anti-union laws
BOISE - A federal judge has invalidated both the new anti-union laws pushed through by Idaho GOP lawmakers last session, saying they violate federal law.
The two measures, SB 1007 and 1006, both expansions of Idaho’s Right-to-Work law, sought to ban “job targeting programs” that use union dues funds to subsidize members’ wages as a way to help contractors win bids, and to ban “project labor agreements” through which contractors sign agreements with unionized workers while bidding on public works projects.
The measures were pushed amid legislative grousing over loud picketing at some Idaho projects by the Carpenters Union, but they didn’t address picketing.
“We fought pretty hard on this,” said John Littel, regional political director for the Carpenters Union. “We were pretty surprised about how much momentum there was to really, I think, try to take a bite out of the unions, and specifically the carpenters.”
U.S. District Judge Lynn Winmill, who in July issued an injunction to block SB 1007 from taking effect, granted summary judgment motions in late December from the Idaho Building and Construction Trades Council and the Southwest Idaho Building and Construction Trades Council, both AFL-CIO, to invalidate both laws.
The state raised several procedural issues, which the judge rejected, and the Inland Pacific Chapter of Associated Builders and Contractors and the National Right to Work Legal Foundation both filed briefs in support of the new laws.
The ABC already has filed notice of an appeal to the 9th Circuit U.S. Court of Appeals, saying it should have been allowed to intervene as a full party in the case.
The judge said the various programs targeted by the bills weren’t, as the ABC argued, “a form of compulsory unionism.” Wrote Winmill, “Nothing about a job targeting program … makes union membership compulsory. Because Idaho is a right-to-work state, membership in any local in Idaho is entirely voluntary.”
Littel said, “We’re gratified that the judge recognized that both project labor agreements and market recovery programs are protected activities under the National Labor Relations Act, and regardless of what a legislator thinks or feels about a union’s right to exist or not, these are protected activities.”
Both bills were sponsored by Sen. John Goedde, R-Coeur d’Alene, who acknowledged that there was “a lot of talk about” legal issues with the bills, but said, “I thought that we were OK.” Goedde said, “We had instances where the carpenters union from Portland was disrupting work, and I think that was the real emphasis behind the effort.” He said the issue was brought to him by former state lawmaker Dean Haagenson of the Inland Empire Associated Building Contractors.
The state hasn’t said whether it plans to appeal the judge’s decision.
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citizenX on January 03 at 5:43 p.m.
Thank you Judge Winmill. As long as Idaho remains a right to work state, Idaho workers will continue to be underpaid and uninsured. Where unions have made inroads, such as the City of Coeur d’Alene, workers reap benefits, regardless of whether being a union member or not, thanks to their collective bargaining contract, okayed by the voting public. Unions are not the enemy that Tpubs want you to believe. Unions protect workers rights, and collective bargaining brings both sides to the table to discuss in good faith. Plain and simple.
dataxman on January 03 at 6:01 p.m.
The carpenters union picked at various places around Boise. They hire people to picket - pay them minimum wage - then have them use the restrooms of the businesses they are picketing.
Unions have also been one of the largest recipients of Obamacare waivers.
liberal_in_right_wing_land on January 03 at 6:38 p.m.
dataxman want to back those claims up with some facts and references?
johnclarke on January 03 at 7:16 p.m.
He will not, because this is a classic wing nut urban legend. The waivers were only for one year and for businesses that actually offered health care superior to the requirements of “Obamacare”.
Man, the wing nuts are going to regret calling it Obamacare.
oneanddone on January 03 at 7:32 p.m.
Unions do not “protect worker’s rights”. They extort pay and benefits for jobs that require little more than waking up in the morning. The USPS is a prime example.
schleufer on January 03 at 7:54 p.m.
dax said
Unions have also been one of the largest recipients of Obamacare waivers.
those waivers are because those unions have negotiated health care for their people. they give up wages etc for those benefits. if it wasnt for those waivers they would be paying twice for the same thing. i think alot of non union people dont think about that because they dont have anybody to stand up for them.
if you are going to make accusations get all the facts.
mrd on January 03 at 8:15 p.m.
Goedde has got to go. He is bad for the working man / woman and bad for Idaho.
Dazzeetrader11 on January 03 at 9:02 p.m.
Unemployment is worse for the “working” men and women. Thank Barack…you horse’s petutes!
Unions are now officially DODO birds.
Be tough on business…and the jobs go to India and China. HAve fun walking around with your silly signs. The best part is that those on the line carrying signs are from labor ready. They get paid minimum while the paid for unioners mock them….and all the while getting their inflated union wages.
THIS is your union in action.
Meanwhile, all you union cheerleaders have fun.
meadman on January 03 at 11:09 p.m.
oneanddone you have no idea what it takes to do the USPS jobs do you? What a stupid comment you made. And Dazed, you are as incoherent as usual….. At least I can say you are both completely consistent from day to day.
homer1 on January 08 at 6:38 p.m.
Right to Work, really means right to work for less. The last time I flew on Horizon Air, there was an ad in the Horizon magazine from the State of Idaho extolling the virtues of locating a business in Idaho. The first thing they pitched was that it was cheap to do business in Idaho because it is a right to work state.
It’s downright shameful that you advertise the fact that you can legally pay your employees less than other places. Idaho is a beautiful state with lots to offer. It’s too bad right to work is used as a selling point.
Shame! Shame!