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Posts Tagged ‘arizona’

New Arizona law pushes unemployed people to work at poverty wages or else

Thursday, May 17th, 2018

Arizona Republicans have hit on a way to make life worse for unemployed people. Currently, to collect unemployment insurance, people have to be looking for work and to accept “suitable” work if it’s offered. Under a new law, scratch that “suitable” part. People will have to accept any job they’re offered as long as it pays more than 20 percent more than their unemployment check—which means any job paying $288 a week or more.

You could be an engineer or a graphic designer or a skilled carpenter, but if McDonald’s or Walmart says they’ll have you, you have to take it or lose your benefits. Forget about looking for a job in your field that will pay you a living wage. You also don’t get to consider what’s suitable in terms of the “risk involved to the individual’s health, safety and morals.”

[Republican Gov. Doug Ducey’s] press aide Daniel Scarpinato called it “common-sense reform.”

“It’s a job that the individual’s been offered, and it pays,” he noted, adding that Ducey supports the idea of people finding employment “who are getting off of benefits and finding value in work.”

Bear in mind that people don’t get unemployment insurance automatically: anyone collecting unemployment in Arizona was laid off or fired for reasons that weren’t their fault. No one just walked off the job to collect that sweet $240-a-week check. No one was fired for dealing drugs at work.

These are people who had jobs within the last few months and lost them without doing anything wrong. To keep getting UI, they are spending four days a week looking for work. They should be the poster children for the Republican obsession with the value of work. But instead, they’re being devalued and treated as shirkers whose professional skills do not matter—because in fact, Republicans just hate anyone who’s struggling. And they’d rather sentence people to low-wage jobs that don’t make use of their specific skills than pay for a few extra weeks or months of unemployment insurance to make sure that people’s skills are maximized in the economy.

This blog was originally published at DailyKos on May 17, 2018. Reprinted with permission.

About the Author: Laura Clawson is labor editor at DailyKos.

Arizona teachers win some added education funding

Friday, May 4th, 2018

On the sixth day of their walkout, Arizona teachers have won a partial but real victory, as the state legislature pass and Republican Gov. Doug Ducey signed a bill including a substantial pay raise for many teachers and an increase in education funding. The increase, though—$100 million in what Ducey calls “flexible dollars to improve our public education system”—falls far, far short of what teachers were calling for:

“The people down here, a lot of them, don’t listen to our voices,” said Noah Karvelis. He is one of the organizers of Arizona Educators United, the group that crafted the #RedForEd movement that, along with the Arizona Education Association, organized the strike that began last Thursday.

“They don’t respond,” Karvelis continued. “If they did, we’d have $1.1 billion for education in this budget.”

Legislative Republicans brushed aside Democratic efforts to include school support staff in the teacher pay raise, to require one counselor for every 250 students, to limit class size, and to pay for increased education funding by “phasing out some tax exemptions and eliminating the ability of individuals and corporations to divert some of what they owe in state income taxes to help children attend private and parochial schools.”

Many teachers expressed disappointment about what isn’t in the bill. And they should. The additional funding still leaves Arizona schools behind where they were in 2008, and lawmakers didn’t establish solid, responsible revenue sources for school funding. But it’s still a win in the sense that, without teacher activism, there would have been zero progress.

This blog was originally published at Daily Kos on May 3, 2018. Reprinted with permission. 

About the Author: Laura Clawson is labor editor at Daily Kos.

3 states where teachers could go on strike next

Wednesday, May 2nd, 2018

As thousands of teachers in Arizona and Colorado mark their second day of walkouts Friday, there are also rumblings of possible strikes in other states, with educators throughout the country demanding more funding and higher pay.

Teachers in Arizona will brave 98-degree heat to march to the state Capitol for the second time this week. In Colorado, educators will also march to the state Capitol and they’re using their personal days to do so, leading roughly 30 school districts to close as a result. Only one school district in Colorado voted to officially go on strike, but they cannot take action until the state’s education agency decides by May 4 whether to try to broker a resolution with teachers.

Arizona Gov. Doug Ducey (R) announced a proposal earlier this month to raise teacher pay by 20 percent by 2020, but teachers have said that amount is insufficient. Ducey said on Wednesday that he won’t offer the educators anything more, according to the Arizona Daily Star. “And it’s time to move on,” he said.

Meanwhile, in Colorado, Republican lawmakers introduced a measure that would forbid public school teachers and unions from going on strike and threatening them with fines, jail time, and termination if they violate the terms. The measure has little chance of becoming law, but its introduction alone highlights the hostile environment in which teachers find themselves.

Following teacher actions in West VirginiaJersey CityOklahoma, and Kentucky in recent weeks, Colorado and Arizona have become the latest battlegrounds for education funding. But they likely won’t be the last. Louisiana, North Carolina, and Nevada are all experiencing disputes over education funding. As ThinkProgress’ Casey Quinlan previously reported, in most of these states, school funding is still far below what it was before the Great Recession of 2008.

Here’s a look at where walkouts and strikes could happen next:

North Carolina

Nearly 800 teachers in Durham have requested personal leave on May 16 to travel to the state legislature to call for higher school funding, pay raises, and reductions in class size, local NBC affiliate WRAL reported Thursday.

The Durham Association of Educators said they would request that the Durham Public Schools board cancel classes on that day.

A 2017 report by the Center on Budget and Policy Priorities (CBPP) listed North Carolina as one of seven states which, since the Great Recession, not only cut general funding — which supports elementary and secondary schools — but also enacted income tax rate cuts costing the state $3.5 billion a year, making it “nearly impossible for North Carolina to restore these education cuts, let alone make new investments.”

Today, North Carolina ranks 40th in the country when it comes to education funding, 43rd when it comes to per-pupil funding, and 35th when it comes to teacher salaries, with average pay only recently breaking the $50,000 mark long promisedby state lawmakers.

Louisiana

The Louisiana Federation of Teachers is currently surveying its teachers to determine their willingness to go on strike to win “significant pay raises.” The results of the survey are expected to be released next month, but many educators have already expressed frustration over their salaries, which ranks as one of the lowest in the country.

According to the CBPP, per-pupil funding in Louisiana dropped more than 12 percent from 2008 to 2015. Like North Carolina and other states, tax cuts are largely to blame. Former Louisiana Gov. Bobby Jindal (R) cut income taxes and increased corporate tax breaks, leading state revenue to drop dramatically.

The state consistently ranks last in the country when it comes to quality of public education.

Nevada

Talks of rallying in Nevada have started gaining traction, with at least one school district calling on lawmakers to find a solution to the school’s poor funding and low salaries.

While strikes are illegal in Nevada, teachers at the Clark County School District in Las Vegas were frustrated during a press conference Thursday, asking state officials to use extra funding from the state’s recreational marijuana tax to fund higher wages. Currently, that money goes to the state’s “rainy day” fund, and not to the schools.

“In states such as Arizona, Oklahoma and Kentucky, teachers associations are rallying and protesting to the governors and legislators at state capitols because that’s where the money for raises comes from,” said Linda E. Young, of the Board of School Trustees, according to a local NBC affiliate. “It’s time for us to rally together in Nevada to give our teachers and other employees the raises they deserve…”

Nevada is one of six states that drastically cut capital spending used to build, renovate, and equip schools with resources. Between 2008 and 2015, Nevada cut capital spending by a whopping 82 percent, according to the CBPP. The state’s student-to-teacher ratio also rose during that time, from 18:3 to 21:2. Per-pupil spending in Nevada ranks in the bottom 10 in the country.

This article was originally published at ThinkProgress on April 27, 2018. Reprinted with permission. 

About the Author: Elham Khatami is an associate editor at ThinkProgress. Previously, she worked as a grassroots organizer within the Iranian-American community. She also served as research manager, editor, and reporter during her five-year career at CQ Roll Call. Elham earned her Master of Arts in Global Communication at George Washington University’s Elliott School of International Affairs and her bachelor’s degree in writing and political science at the University of Pittsburgh.

Arizona teachers could be next to go on strike

Tuesday, April 17th, 2018

Arizona teachers will begin voting on whether to strike on Tuesday. The voting will go on for three days.

Although Gov. Doug Ducey (R) announced a proposal to raise teacher pay by 20 percent by 2020, which state lawmakers will debate this week, teachers say his proposal doesn’t address education cuts over the past decade or large classroom sizes across the state.

Teachers are leaving the state for higher salaries and smaller classroom sizes and there are too many teacher vacancies as a result, teachers told ThinkProgress’ Elham Khatami last week. Last year, there were 8,600 teacher vacancies and 62 percent of those vacancies were vacant or being taken by people who couldn’t qualify for a teaching certificate, according to the Arizona Republic.

Arizona had the most devastating cuts over the past decade, according to a 2017 Center for Budget and Policy Priorities report on education funding since the Great Recession. State funding per student fell by 36.6 percent between 2008 and 2015, more than any other state.

On April 11, thousands of teachers participated in a statewide walk-in to ask for more education funding and higher salaries. In addition to the 20 percent raise they requested, they want to implement a permanent salary structure, offer competitive pay for educational support staff, stop new tax cuts until the state’s per pupil funding reaches the national average, and restore education funding to 2008 levels.

Arizona Educators United, a coalition of teachers, administrators, and education support professionals, organized the vote. Derek Harris, a member of the coalition’s leadership team and a band teacher at Tuscon Unified School District, said the group wants to see support from all over the state, according to Tuscon.com.

He said organizers want something more than a simple majority, but they don’t have a firm threshold for a vote. Teachers will vote before and after school hours. One of the members of the coalition leadership team, Kelley Fisher, a kindergarten teacher at Las Brisas Elementary School, showed teachers how to make a secure ballot box in a video on the group’s Facebook page.

“I am a creative arts teacher so I had to include some glitter but that’s not required,” she added.

Teachers on the coalition’s leadership team named the reasons why the governor’s proposal is not sufficient, such as the lack of detail on where funding for the raises will come from. Teachers also said a proposal should include more education funding to improve students’ quality of education.

“My students deserve to have repairs on their building and working plumbing and holes in walls patched,” Harris said in the group’s Facebook video published on Monday.

Harris laid out a plan for teachers over the next week for the voting process and next steps over the weekend, such as community organization meetings across the state.

“You will be breaking into canvassing teams, organizing house meetings, and really moving into the next step to get the community on our side,” Harris said. “So this week, let’s try to stay very attentive to what’s going on. We’re saying this week is #RedAlert, because if the legislature does something funny we want to make sure that you’re paying attention and ready to do anything that may need to be done.”

This article was originally published at ThinkProgress on April 17, 2018. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits

Voters raise the minimum wage in four states and pass paid sick leave in two

Friday, November 11th, 2016

LauraClawsonIt’s become a regular feature of elections in recent years: Even as the federal minimum wage stays stuck at $7.25 an hour, with congressional Republicans refusing to raise it, voters resoundingly choose to raise state and local minimum wages. Four states voted for minimum wage increases on Tuesday: Arizona, Colorado, Maine, and Washington. Paid sick leave also continued to gain momentum.

In Arizona, $12 by 2020 was passed by nearly 60 percent of voters. The first raise, from $8.05 to $10, will come in January. Tipped workers in one Arizona city are also getting some good news. Flagstaff voted to raise the tipped minimum wage to $15 by 2026. The federal tipped minimum wage has been $2.13 an hour since 1991. In Colorado and Maine, the minimum wage will be going to $12 by 2020 as well, with Maine including tipped workers—they’ll get to the full $12 by 2024, up from a current level of $3.75.

And then there’s Washington state, which before the minimum wage-raising movement of the past few years had the highest minimum wage of any state in the country but has gotten left behind even as two of its cities—Seattle and SeaTac—passed $15 minimum wages. On Tuesday, Washington voters said yes to $13.50 by 2020. Their minimum wage was slated to go from $9.47 to $9.53 on January 1, but instead it’ll go to $11.

That’s not all. The same measures that raised the minimum wage in Washington and Arizona also included paid sick leave. They will become the fifth and sixth states—after Connecticut, California, Massachusetts, and Oregon—to require paid sick leave.

This is all good news for millions of workers. And workers will need any good news they can get under President Trump.

This article originally appeared at DailyKOS.com on November 10, 2016. Reprinted with permission.

Laura Clawson is a Daily Kos contributing editor since December 2006. Labor editor since 2011.

Minimum Wage Increases On the Ballot In Four States

Friday, September 16th, 2016

Terrance HeathThere’s a lot more going on in this election than the presidential race between Democratic nominee Hillary Clinton and Republican nominee Donald Trump. Borne out of the dedication and hard work of activists, ballot initiatives give citizens the opportunity to vote directly on legislation and constitutional amendments at the state and local level, sometimes even bypassing the legislature.

This year, People’s Action affiliates in four states have seen their hard work pay off by successfully getting initiatives to increase the minimum wage on the ballot.

 

Arizona

In Arizona, voters will decide whether to pass The Fair Wages and Healthy Families Initiative. The ballot initiative, if passed, will raise Arizona’s minimum wage to $10 per hour in 2017, and gradually raise it to $12 by 2020. It also provides “earned paid sick time,” which workers can use if they or a family member gets sick, and prohibits retaliation against employees who use the benefit. The measure does, however, retain the state’s law on tipping, which allows employers to pay workers who receive tips up to $3.00 less than minimum wage.

screen-shot-2016-09-16-at-2-55-14-pm

According to Arizonans for Fair Wages and Healthy Families:

– A minimum wage worker in Arizona only earns $17,000 per year.
– More than half of minimum wage workers in Arizona are women.
– More than 27 percent of Arizona’s low-wage earners are parents.
– 45 percent of Arizonans don’t have access to earned sick days.

Those numbers tell the stories of people like Riann Norton, a single mother two, who often has to miss work in order to care for her chronically ill young daughter, or Iraq War veteran Luis Cardenas, who came home only to join the ranks of veterans struggling to meet their basic needs with low wages.

The measure is supported by a number of coalition partners, including Living United for Change in Arizona (LUCHA), which is part of the Fight for $15 movement, and organized community members to petition fast-food chains like McDonald’s and grocery stores like El Super to pay their workers living wages.

Colorado

Colorado’s State Minimum Wage Amendment will raise the state’s minimum wage to $9.30 per hour effective January 1, 2017, and increase it by $0.90 every January, until it reaches $12 per hour in 2020. After 2020, the wage will be adjusted for increases in the cost of living. The law allows employers to pay employees who also make tips up to $3.02 less than minimum wage.

The Colorado People’s Alliance, which worked to get the initiative on the ballot, says that nearly half a million Coloradans will see their wages increase if the measure passes — including 263,000 women, or 22 percent of female workers in the state. One in five Coloradans would get a raise, and 86 percent of them will be adult workers over 20 years old. Currently in Colorado, full-time minimum-wage workers earn about $300 per week, or $17,000 a year.

According to a recent University of Denver study, increasing Colorado’s minimum wage would pump up to $400 million into the state’s economy and raise the standard of living for one in five households.

screen-shot-2016-09-16-at-2-57-20-pm

About 400,000 Colorado households, half of those families with children, will see higher incomes if the amendment passes.

Colorado’s minimum wage amendment currently holds a 13-point lead in the first publicly released poll on the proposal. Of likely 2016 general-election voters, 55 percent support the amendment, while 42 percent oppose it, and 3 percent remain undecided. That’s good news for workers like Marilyn Sorenson, a home health care worker who finds after more than 20 years, her paycheck hasn’t kept up with her basic expenses; and business owners like Vine Street pub owner Kevin Daily, who says that increasing the wage will boost productivity by lowering workers’ financial stress, and increase the number of people “with more money in their pockets so they can afford a beer and a meal.”

Maine

The Minimum Wage Increase Initiative, Question 4 on Maine’s state ballot this year, will increase the general minimum wage to $12 an hour by 2020. The initiative also increases the wage for tipped workers from half of minimum wage to $5 an hour in 2017, then increases it by $1 every year, until it is equal to the general minimum wage by 2024.

Republican Governor Paul LePage joined business groups in an attempt to push a smaller wage increase through the state legislature. Republicans on the legislative budget committee took the budget hostage, saying they would only negotiate new spending if Democrats supported a smaller wage increase. However, none of the competing proposals passed the House, so there is no competing measure on the ballot.

According to a study by the nonprofit poverty relief group Oxfam, Maine has the highest percentage of low-wage workers in the Northeast. “So 32 percent of Maine workers are currently paid less than $12 an hour,” says Mike Tipping of the Maine People’s Alliance. Neighboring states Vermont and New Hampshire came in at 26 and 24 percent, respectively.

Washington

Washington state’s Initiative Measure No. 1433 will increase the state’s minimum wage to $11 per hour in 2017, $11.50 in 2018, $12 in 2019, and $13.50 in 2020. The initiative will also require employers to provide paid sick leave and follow related laws. Washington’s Democratic governor Jay Inslee volunteered to help Raise Up Washington collect signatures for the initiative, and spoke out in favor of it:

“No one who works 40 or more hours a week should struggle to make ends meet,” Inslee said. “And no parent should have to choose between staying home to take care of a sick child or losing a paycheck. Initiative 1433 will lift up workers and families across this state and boost our local economies.”

Washington’s initiative will help women in two important ways. Women are the primary breadwinners in almost half of all households with children. But women make up 60 percent of minimum wage workers in Washington state. Women are also 10 times more likely to stay home with a sick child than their male partners.

screen-shot-2016-09-16-at-2-58-34-pm

If the initiative passes, women will earn more, and will no longer have to choose between their jobs and their families.

Other Initiatives

Increasing minimum wage isn’t the only progressive issue on the ballot this year:

– In Maine, Question 2 will create an additional 3 percent tax surcharge on incomes exceeding $200,000 per year. The revenue from the increase will be earmarked to help fund K–12 public education.

– In Howard County, Maryland, voters will decide if they want a citizen-funded campaign system, to boost the power of small, individual donations, and encourage more candidates to run without the burden of raising major funds. The initiative, Question A, is supported by Fair Elections Howard, Progressive Maryland, and other progressive organizations.

State and local progressive activists are leading the way and not waiting for Congress to act on important issues that impact America’s working families. As a result, this year’s election could yield a number of progressive victories.

This post originally appeared on ourfuture.org on September 15, 2016. Reprinted with Permission.

Terrance Heath is the Online Producer at Campaign for America’s Future. He has consulted on blogging and social media consultant for a number of organizations and agencies. He is a prominent activist on LGBT and HIV/AIDS issues.

Minneapolis and Arizona voters will get a chance to raise the minimum wage

Monday, August 29th, 2016
LauraClawson Voters in Arizona and Minneapolis, Minnesota, will have the chance to vote on minimum wage increases this November, according to court rulings in both places. In Minneapolis:

A Hennepin County judge on Monday overruled the Minneapolis City Council’s decision to block a $15 minimum wage charter amendment, ordering that the issue be placed on the November ballot.

City officials are appealing the decision, though. Minnesota’s minimum wage is $9.50 an hour for large employers and $7.75 an hour for small employers.

CHICAGO, IL - APRIL 14: Demonstrators demanding an increase in the minimum wage march in the streets on April 14, 2016 in Chicago, Illinois. The demonstrators marched to and protested in front of several locations, part of a day-long effort to draw attention to low-wage jobs. The demonstration was one of about 300 scheduled to take place nationwide today. (Photo by Scott Olson/Getty Images)

In Arizona

The Arizona secretary of state’s office says a voter initiative raising the state’s minimum wage from $8.05 per hour to $12 an hour by 2020 has made the November ballot.

Friday’s determination came just hours after a judge rejected a challenge to what is now officially called Proposition 206.

With congressional Republicans keeping the federal minimum wage stuck at $7.25 an hour, a living wage (or anything approaching a living wage) is left up to states and cities to do piecemeal, and every election day lately seems to see a few more ballot initiatives on the issue. The workers of the Fight for $15 have changed the debate from a high-end goal of $10.10 an hour to an America in which $15 is becoming a reality in a few places.

This article originally appeared at DailyKOS.com on August 24, 2016. Reprinted with permission.

Laura Clawson is a Daily Kos contributing editor since December 2006. Labor editor since 2011.

Supreme Court’s E-Verify Decision Devastating for Employers, Immigrant Workers

Tuesday, May 31st, 2011

kari-lydersenImmigrants rights advocates and employers, including farmers, are lashing out at the Supreme Court’s May 26 decision upholding Arizona’s right to demand employers use the controversial e-Verify system, which is meant to confirm whether someone is in the country legally.

The decision also allowed Arizona to continue the so-called “business death penalty,” which entails denying a business license to employers found guilty more than once of violating a 2007 law against hiring undocumented workers.

The e-Verify system has been widely criticized for errors, including flagging legal and native-born residents as undocumented. That’s among the reasons Illinois sought to ban its use by private employers. A federal court shot down those efforts, but the Illinois legislature did pass a state law trying to safeguard against the misuse of the system.

All employers with federal contracts are required to use E-Verify, and Texas Republican Congressman Lamar Smith is among those pushing to make it mandatory nationally.

Immigrants rights groups are allied with employers – even those that they allege exploit undocumented immigrants – in stridently opposing mandatory e-Verify use. The Supreme Court decision was the result of a lawsuit filed by the Chamber of Commerce opposing Arizona’s law. The U.S. Chamber of Commerce and other employer groups also sued unsuccessfully over the mandate that E-Verify be used by federal contractors. Florida has proposed a bill similar to Arizona’s regarding E-Verify. The Hispanic Chamber of Commerce opposes it.

Agricultural employers and immigrants rights groups point out that the nation’s guest worker program and overall immigration system are so badly broken that agricultural growers will simply not be able to find the needed employees especially during harvest times if they really are barred from hiring undocumented workers.

Lynn Tramonte, deputy director of the group America’s Voice Education Fund, said in a press release:

Yesterday’s Supreme Court ruling is a dagger in the heart of Arizona agriculture.  If this type of law spreads nationwide, we will essentially deport the entire agriculture industry—including jobs held by Americans—and be forced to import more of our nation’s food supply. Passing a mandatory E-Verify law without comprehensive immigration reform will kill American jobs and farms, burden small businesses, reduce tax revenue, and drive undocumented workers further underground.

U.S. Agriculture Secretary Tom Vilsack made similar points in an op-ed:

As Secretary of Agriculture I have met farmers and ranchers all over the country who worry that our immigration system is broken. They are unable to find the necessary number of farmworkers and sometimes struggle to verify their work authorization papers – all while wondering if they’ll have enough help for their next harvest.

And while some American citizens step up and take these jobs, the truth is that even when farmers make their best efforts to recruit a domestic work force, few citizens express interest, and even fewer show up to spend long hours laboring in the hot sun.

In a twist on the misguided idea that immigrants “steal” American jobs, Vilsack described immigrant farm workers essentially protecting U.S. jobs through their crucial role on U.S. farms:

If American agriculture lost access to adequate farm labor, it could cost the industry as much as $9 billion each year. Already, some American producers are opening up operations in Mexico. So we must take action to prevent the further outsourcing of farm-related jobs.

Meanwhile, the Bay Citizen nonprofit news outlet described how lucrative wineries in Napa Valley, Calif., have found it in their own self-interest to treat undocumented workers fairly, rather than paying them as little as possible or sometimes not at all as is often the case in agriculture and other industries that hire large numbers of undocumented workers.

Emmy-winning producer Scott James reported:

Without migrant labor, most of it from Mexico, the wine producers in Napa would be hard pressed to fill a carafe, much less the valley’s nine million annual cases. Experts estimate that 8,000 to 12,000 illegal migrants reside (often seasonally) in Napa, although the number is impossible to confirm.

Ten years ago, they could be found living in the woods in makeshift camps, sleeping on fetid mattresses and drinking from dirty streams. Today they receive subsidized housing, or can reside in three tidy dormitory complexes near St. Helena and Yountville where up to 180 workers pay $12 a day for room and board.

This Blog Originally appeared in These Working Times on May 30, 2011. Reprinted with Permission.

About the Author: Kari Lydersen is an In These Times contributing editor, is a Chicago-based journalist whose works has appeared in The New York Times, the Washington Post, the Chicago Reader and The Progressive, among other publications. Her most recent book is Revolt on Goose Island. In 2011, she was awarded a Studs Terkel Community Media Award for her work. She can be reached at kari.lydersen@gmail.com.

U.S. Appeals Court Rules Against Arizona’s Immigration Law

Tuesday, April 12th, 2011

zz_andrea_nill-e1291085868161Back in July, federal district court judge Susan Bolton imposed a preliminary injunction on parts of the controversial immigration law passed by Arizona last year, SB-1070. She enjoined provisions relating to warrantless arrests of suspected undocumented immigrants and document requirements and also struck down the requirement that police check the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally. Bolton argued that “the United States is likely to succeed on the merits in showing that…[the enjoined provisions] are preempted by federal law” and the “United States is likely to suffer irreparable harm” in the absence of an injunction.

A federal appeals court agreed. Today, the 9th U.S. Circuit Court of Appeals ruled in favor of Bolton’s preliminary injunction on several major provisions of SB-1070. In their stinging legal critiques, 9th Circuit Judges Richard Paez and John Noonan wrote in their concurring opinions that each of the provisions blocked by Bolton are outright “unconstitutional” and that SB-1070 is preempted by federal law and foreign policy:9thcircuit

By imposing mandatory obligations on state and local officers, Arizona interferes with the federal government’s authority to implement its priorities and strategies in law enforcement, turning Arizona officers into state-directed DHS agents. […] [T]he record unmistakably demonstrates that S.B. 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. […]

Finally, the threat of 50 states layering their own immigration enforcement rules on top of the INA [Immigration and Nationality Act] also weighs in favor of preemption.

The 9th Circuit Court probably won’t have the final say on the issue. Arizona Gov. Jan Brewer (R) has pledged to take her case all the way to the Supreme Court. SB-1070?s sponsor, state Senate President Russell Pearce (R), has entered the legal challenge now following a recent decision by the U.S. District Court to allow the Arizona State Legislature to intervene as a defendant in the Department of Justice’s lawsuit against Brewer and her state. Today also happens to be the deadline for U.S. Justice Department lawyers to file an answer to Arizona Gov. Jan Brewer’s countersuit that accuses the federal government of failing “to live up to its Constitutional duty to protect Arizona against invasion and domestic violence,” amongst other things.

In his opinion, Noonan recognized that SB-1070 has “become a symbol.” Noonan noted that, “For those sympathetic to immigrants to the United States, it is a challenge and a chilling foretaste of what other states might attempt.” The 9th Circuit’s decision comes as several states around the country are in the final stages of approving similar “copycat” pieces of legislation.

About the Author: Andrea Nill is an immigration researcher/blogger for ThinkProgress.org and the Progress Report at the Center for American Progress Action Fund.

This blog originally appeared in the Wonk Room on April 11, 2011. Reprinted with Permission.

Ignoring Courts, Arizona Gov. and Legislature Move Anti-Union Measure

Wednesday, August 11th, 2010

Last week, the Arizona Supreme Court upheld a lower court’s July ruling that a proposed state constitutional amendment that sought to restrict how workers can vote in union representation elections was unconstitutional. Not surprisingly, it’s being pushed by opponents of the Employee Free Choice Act.

But that hasn’t stopped Arizona Gov. Jan Brewer (R) and the Republican-controlled state legislature from taking a swing at workers and their unions. Brewer called a special session of the legislature and the state Senate and House today passed a measure to put the anti-union amendment on the November ballot.

Talk about fear of unions and real worker rights, even if passed, the amendment wouldn’t go into effect unless Congress passes and the president signs the Employee Free Choice Act.

Rebekah Friend, executive director of the Arizona AFL-CIO, tells the Arizona Republic:

They’re making a law that pre-empts a law that hasn’t even passed.

Of course knowing Brewer’s and the legislature’s anti-immigrant hysteria, their anti-union panic isn’t a real shock.

For more on the special session and the amendment from the Arizona AFL-CIO click here.

This post originally appeared in AFL-CIO blog on August 11, 2010. Reprinted with permission.

About The Author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL- CIO in 1989 and have written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety.

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