Their employer has said they are not allowed to unionize. And in 2020, in the U.S., many might think immediately of Wal-Mart or Amazon, but these workers are employed by the state of Oregon.
Staffers for the offices of Oregon lawmakers filed a petition to create a union in mid-December, which has been denied by the state because it would be unconstitutional.
The Employment Relations Board certifies unions for all public employees in Oregon, however the board is part of the executive branch of the government. Therefore, as a means of maintaining the separation of powers as it is defined in the constitution, the board cannot recognize this union.
“These subject employees work to perform legislative related functions and duties,” said the objection. “Any recognition of the bargaining unit by a branch of the government other than the Oregon Legislature would violate Article III, section 1 of the Oregon Constitution.”
This isn’t the first time this issue has arisen. In 1983, Oregon legislators passed a bill to ensure the Oregon Supreme Court’s ability to bargain with judicial branch employees, although this bill did not cover legislature branch employees.
Legislative staffers had hoped to join the International Brotherhood of Electrical Workers Local 89 in Salem following recent changes in pay and harassment policy. Several who signed the initial request may no longer being included in the attempt due to election results which might have gone against their employer. Many others might not be eligible if they are in possession of management or confidential duties.
House Speaker Time Kotek and Senate President Peter Courtney have limited their comments on the case. Although, Courtney did call the Legislative employees “the backbone of the Capitol.” And Kotek claimed to have a “strong pro-labor record” and called these employees “essential to Legislature’s work.”
In Mid-November, Kotek and Courtney jointly sent a memo urging lawmakers to not weigh in on this attempt to unionize.
By Sally K Lehman
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