Friday, May 27, 2011

Call to Action! Oppose CA Assembly Bill 350

Attention BOMA San Francisco Members:

The commercial real estate industry is facing a continued threat from Assembly Bill 350 (AB 350) introduced by Assemblymember Jose Solario (D, Santa Ana) in the California Legislature. This measure has the possibility of being voted on the Assembly Floor as early as May 31, 2011.

What Will This Bill Do, If Enacted?

This bill would extend existing law requiring janitorial contractors to retain employees who were employed at the site by the previous contractor for at least 60 days to an additional number of services utilized by building owners, including security, building maintenance, landscaping, and window cleaning.

BOMA California needs your help! Please take a moment to fax a letter, write an email, or call the California Assemblymembers and Senators (contact if information, below) to express your opposition to this legislation NO LATER THAN CLOSE OF BUSINESS ON MAY 31, 2011.

Why Oppose This Measure?

1. It ties management's hands forcing them to retain workers from a previous employer, and undermining California's at-will employment presumption;

2. It extends the current Displaced Janitor law from 60 days to 90 days;

3. 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 legislation;

4. This legislation would pass on the liability of employing undocumented workers to successor employers, thus potentially forcing employers to break Federal law to comply with State law.

Who Should I Contact?
A sample letter can be downloaded by clicking here. A short backgrounder/fact sheet is available for your use by clicking here.

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