Friday, May 13, 2011

***ACTION ALERT*** Oppose Measure To Mandate Hiring




BOMA San Francisco Members: 

Please help BOMA California oppose a bill that poses a major threat to your business. AB 350 (Jose Solorio; D-Santa Ana) in the California Legislature would expand existing law requiring janitorial contractors to retain employees who were employed at the site by the previous contractor for at least 60 days to a number of services utilized by building owners, including security, building maintenance, landscaping, and window cleaning, and extend the time period of retention to 90 days.

Please contact your local Assemblymembers (find them by clicking here) and ask them to oppose this measure. 

Rationale:
  • The state should not make individual employment decisions for our industry. 
  • It ties management's hands forcing it to retain workers from a previous employer, and undermining California's at-will employment presumption. 
  • It ensures that the incumbent union will remain the bargaining representative under the "successor employer" doctrine - regardless of whether the successor employer has a collective bargaining agreement or not. 
  • The decision to unionize a business should be made following the procedures outlined in the National Labor Relations Act, and not forced on either party, employer or employee, through such legislation. 
A copy of the letter sent by BOMA California, the California Chamber and a large coalition of other business organizations opposing AB 350 as well as a short backgrounder/fact sheet is available for your use by clicking here.

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