Bob Haynes Written Testimony in support of An Act Relative to a Temporary Workers Right to Know

Robert J. Haynes, President, MA AFL-CIO Testimony ~ Wednesday October 28, 2009 ~ 10:30 AM ~ Room A-2

Hearing before Joint Standing Committee on:
LABOR AND WORKFORCE DEVELOPMENT

Bill(s): An Act Relative to a Temporary Workers Right to Know (HB 1797 / SB 680)

Lead Sponsors: Senator John Hart and Representative Linda Dorcena-Forry

Remarks:
Good morning Chairwoman Coakley-Rivera, Chairman McGee and members of the Committee. Thank you for the opportunity to testify in support of House Bill 1797 and Senate Bill 680.

My name is Robert Haynes and I am President of the Massachusetts AFL-CIO. I am testifying on behalf of the over 400,000 working families in the Commonwealth to urge you to report this bill out favorably and to ensure its speedy enactment into law. We are proud to stand with community-based worker centers such as the Chelsea Collaborative and the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) who work hard to make sure that workers, especially newcomers, have a community organization where they can go to learn about their rights. Importantly, through this bill, these workers learn about the right to participate in the democratic process of seeking redress from this legislative body for the abuses they endure from unscrupulous employers. You will hear from others about specific workplace abuse and the merits of this important bill. For my part, I am here because I believe that it is critical that you pass this bill and that you do so as soon as possible.

As has been well-documented, the temporary help industry has driven the huge increase in contingent work in our economy. And all too often, workers in the low wage sector of the temp industry suffer exploitation and abuse. Temporary agencies, like labor unions, are “labor market intermediaries.” However, the similarities end there. Whereas unions act on behalf of the workers they represent, temp agencies thrive by contracting directly with the site employer, and negotiating solely for the purpose of increasing their profit. In this scenario, no one is acting for the benefit of the workers and there is no regulatory oversight of temp agencies to prevent the exploitation of workers. As labor leaders, our mission is to work on behalf of all workers: this role is especially critical for the most vulnerable workers who have not only been deprived of their right to organize but also of any statutory protections whatsoever. We leave the issue of the right to organize for another day. However, today, it is your responsibility to make sure that these workers have the most basic rights – fair pay and a safe working environment, and the most basic of information about their job.

This bill takes a first and modest step in this direction. I want you to ask yourself: would you ever let your son or daughter take a job where they get in a van and don’t know where it is taking them or how high up in the air they’ll be going or what kind of work they’ll be doing or what kind of equipment they’ll need or who the actual employer officially is? Of course you wouldn’t. By simply requiring a notice that provides workers with basic information, that is precisely the kind of scenario we are trying to prevent, a scenario that hundreds if not thousands of workers go through every day. And to the employers who oppose this bill: if your business’s ability to compete is dependent upon your ability to exploit workers and keep them in the dark then your business is exactly the kind of business the Commonwealth should be in the business of regulating. For these reasons we urge a prompt favorable report on HB 1797/SB 680.

Finally, we would like to publicly support the work that Commissioner Laura Marlin of the Division of Occupational Safety is doing on this issue through HB 1855. Her efforts to protect workers, to streamline the registration process for employment and temporary agencies, and to level the playing field to encourage good behavior on the part of temp agencies is to be commended. And the legislators who are offering a legislative vehicle for this much-needed regulation are also to be commended. We look forward to working with her office and this Committee on this bill as well. Thank you.