Hawaii card-check option for unionizing vetoed by governor
By Derrick DePledge
Advertiser Government Writer
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Gov. Linda Lingle vetoed a bill yesterday that would allow workers to organize labor unions if a majority sign union cards, an alternative to secret-ballot elections.
The governor said the card-check process is a poor indicator of union support and susceptible to intimidation and coercion. She said it could also undermine the use of the secret ballot.
"Secret-ballot elections, on the other hand, provide employees with an opportunity to carefully consider their choice after being fully informed by both the union and the employer of the advantages and disadvantages of union representation," Lingle said in her veto message.
Lingle has vetoed similar bills in the past, and state House leaders said yesterday that it is unclear whether they have the two-thirds' vote necessary to override the veto. The state Senate apparently has the votes for an override.
Lawmakers will meet today in one-day veto override sessions to consider the governor's vetoes.
Nationally, a federal card-check bill before Congress has divided business interests and labor unions, and the debate has spilled into Hawai'i even though the state bill would only cover a small number of mostly agricultural companies and workers.
The Chamber of Commerce of Hawai'i and other business interests recently held a rally at the state Capitol urging Lingle to veto the bill, while the state AFL-CIO and other unions identified the bill as one of three vetoes the labor movement wants overridden.
NARROW SCOPE
Despite the interest, many lawmakers consider the bill largely symbolic because of its narrow scope.
The National Labor Relations Act governs most of the state's workforce, leaving state labor law to cover agricultural workers, domestic servants, supervisors and independent contractors. Lawmakers further restricted the bill by limiting it to companies with annual gross revenues of more than $5 million.
Under the bill, the Hawai'i Labor Relations Board would be authorized to certify a union after a majority of workers sign union cards, rather than order a secret-ballot election to confirm union support.
"I think there has been a lot of concern about whether this is the right time," said state House Majority Leader Blake Oshiro, D-33rd ('Aiea, 'Aiea Heights, Halawa Valley). "But, at the end of the day, because this is a fairly limited bill just to ag and to those in that gross revenue threshold of $5 million, at that point it became limited in scope enough where people were willing to say it's OK."
State Rep. Karl Rhoads, D-28th (Kaka'ako, Iwilei), chairman of the House Labor Committee, said the card-check process is an alternative to secret-ballot elections. He discounted the governor's claim that the process is more ripe for coercion, arguing that companies can pressure workers in secret-ballot elections by asking workers how they plan to vote.
"I think unscrupulous employers do manipulate elections," he said.
OVERRIDE COUNTS
Lingle also vetoed a bill yesterday that prohibits companies from discriminating against workers because of their credit history. The bill would not apply to managers and supervisors or workers in financial institutions with federally insured deposits. The governor said the bill would restrict companies from protecting the safety and financial security of workplaces.
Lingle has until today to veto bills passed at the close of last session.
House and Senate leaders have been privately counting votes in advance of the override sessions. Two-thirds' votes in both chambers are required for overrides.
House leaders are pushing for an override on a bill vetoed Monday that would require developers to include more affordable housing in projects in Kaka'ako. House leaders had doubted they had the numbers, and the Senate also crossed the bill off the override list, but the House apparently has made progress in the past few days.
The House may not have the votes for an override if Lingle vetoes a bill that would amend state campaign-finance law to allow political candidates to accept 30 percent of their campaign contributions from Mainland donors, up from 20 percent. The bill would also adjust a ban on political contributions by state and county contractors to only include no-bid contractors.
Oshiro described the vote count on the campaign-finance bill as "right exactly on the cusp."
Another bill on the bubble in the House if there is a veto is a measure to reorganize the state Department of Business, Economic Development and Tourism.
The House may also not have support for an override if Lingle vetoes a bill to restrict high-technology investment tax credits known as Act 221, which would save about $120 million over two years to help balance the state's budget. Several sources said last night that the governor, who had also wanted to tighten the investment credits as part of her initial budget, may not veto the bill.