Holmquist: Overly broad bill could unintentionally limit free speech, violate federal law and cost jobs

OLYMPIA… In a Senate Labor, Commerce and Consumer Protection Committee hearing today, Sen. Janéa Holmquist (R- Moses Lake), the ranking Republican member on the committee, called on her Senate colleagues to reject a bill that would limit the free speech of employers and possibly violate the National Labor Relations Act.

Senate Bill 5446 would prohibit all communication and/or activities related to legislation, elected officials, candidates, religious holidays (including parties) or charity drives. Employees would be able to sue employers who violate the provisions of this act for even sending out a notice regarding a charity drive.

“Let’s be honest about the motivation behind this bill,” Holmquist said. “This bill is a top priority for labor unions, and their intent is to gag employers and stop them from being able to mention anything about labor/management issues at work.”

Holmquist also addressed the legal issue concerning the National Labor Relations Act. The measure attempts to prevent employers from talking to employees about labor/management issues in the workplace – something the United States Supreme Court has already declared states can’t regulate.

In a 7-2 decision last June, the Court struck down a similar, even narrower, law in California.

“At a moment when we have serious issues to address – from a $6 billion and growing projected deficit to rapidly increasing layoffs and unemployment – why is the majority party using valuable time to push a bill that would never stand up to scrutiny from the courts?” Holmquist asked.

The bill would also limit these activities at work:

· Charity drives

· Christmas parties, cards and music

· Radio stations playing Christian or other types of religious music

· Hallway conversations between managers and workers about any political or religious issue or community event

· E-mails from managers or employers about anything related to charity or community events

· A Combined Fund drive sponsoring needy families during the holidays.

During the hearing on the bill, Holmquist asked representatives of the Washington State Labor Council: “Do you object to an employer sending an e-mail or a flyer regarding a charity event, organizing a relay for life or the Combined Fund drive, or any casual political conversation in the work place?” They responded that it was not their intent to limit these conversations. Bottom line, several attorneys testified today that the bill is much broader than the Labor Council’s stated intent.

“I’m looking forward to working with them to clarify their stated intent,” said Holmquist.

“Given the current recession, the increasing unemployment, and the number of struggling employers, the majority party has sent a message that Washington State is not friendly to employers,” Holmquist added. “So say good-bye to charity drives at work and say good-bye to Washington employers and the jobs they create.”