E-mail from Bill:

Dear john blickenstaff,

The 2009 session of the Kentucky General Assembly ended abruptly when the Kentucky House refused to vote on any bills on Day 29 of the thirty-day session, effectively ending the session one day early. Such action contrasts sharply with previous legislative sessions in which the clock has been literally turned back in order for the House and Senate to continue voting on bills after the constitutionally mandated end of the session, sine die.

The early departure of the Kentucky House resulted from the change in House leadership, particularly the election of Rep. Greg Stumbo as House Speaker. The changes created a desire to demonstrate a different approach to the legislative process by “sticking to the rules established by the House,” while attempting to bolster the power of House Leadership.

The end of the session also contrasted with earlier pronouncements between Speaker Stumbo and Senate President David Williams, who had indicated a positive working relationship, especially on such contentious issues as tax increases on tobacco and alcohol products. President Williams made no effort to hide his disdain for the early exit move executed by the House and claimed the House was responsible for killing a number of “important” pieces of legislation, such as Gov. Beshear’s economic development package (HB 229).

The overall impact of the change in leadership in the House was to recast the roles and relationships between the members of the House as well as between the House and Senate. If not for the abrupt end to the session and the acrimony engendered as a result, both Stumbo and Williams would have most certainly declared victory and then went home. As it stands, it looks a lot like business as usual in Frankfort.

It certainly was business as usual when the usual suspects introduced their perennial favorites, right-to-work-for-less and repeal of prevailing wage. The winner of this session’s anti-worker, anti-union award must go to Sen. Damon Thayer, who introduced the standard right-to-work-for-less (SB 165), repeal of prevailing wage on school construction projects (SB 145) and an increase in the prevailing wage threshold (SB 146). Rep. Joe Fischer also deserves recognition for introducing a prevailing wage repeal amendment to HB 143, along with Rep. Sal Santoro who introduced a floor amendment to HB 144 to repeal prevailing wage on school construction projects. These three are a real promising trio of legislators, except that not one of their bills or amendments were ever called or heard in either the House or Senate. The memory of 2,000 agitated union members in the Capitol Rotunda must still be fresh in the minds of those legislators who witnessed that event.

Continuing along the “business as usual” framework, this General Assembly also included another attack on coal mine safety. Three separate bills, each targeted to a particular aspect of coal mine safety, were introduced with the bill sponsors claiming them to be just simple innocuous changes needed for coal operators (some even described as “mom and pop operations”) to remain “competitive.”

HB 119 would have reduced the number of mine emergency technicians ( METs); SB 64 would have weakened mine ventilation requirements; and SB 170 would have reduced mandated coal mine inspections. They were all defeated through a concerted effort of your labor lobbyists, allied groups and several widows of deceased coal miners.

Once again, quarry interests tried to pass a bill (HB 205) which would have limited the liability of employers for exposing workers to unsafe levels of silica dust, which causes the deadly disease silicosis. Through a concerted effort of your labor lobbyists and allied groups HB 205 was also defeated.

It was also business as usual for a number of worthwhile bills which should have been given a fair opportunity to progress and receive votes, but were killed, mostly by inaction on the part of the Senate. Included in this category are HB 70, which would restore the civil rights of felons; HB 392 and SB 136, which would address the growing and costly problem of misclassification of workers in the construction industry; SB 172 and HB 373, which would have provided for collective bargaining for teachers, along with several other pieces of progressive legislation.

Bills supported by organized labor that have been signed into law include HB 333, which prohibits the utilization of the American Medical Association’s 6^th Edition “Guides to the Evaluation of Permanent Impairment” in Workers’ Compensation cases. Without HB 333, the implementation of the AMA Guides 6^th Edition would have costs workers millions of dollars in compensation benefits. Passage of HB 333 was a team effort among your labor lobbyists, the Workplace Injury Litigation Group (WILG) and the Kentucky Justice Academy (KJA).

Also signed into law was the union-inspired SB 33, which requires that flags flown on public buildings in the Commonwealth are made in the U.S.A.

In sum, it was “business as usual” for the 2009 Kentucky General Assembly as the lack of labor support in the Senate severely restricts chances for passage of so many pieces of legislation that would be helpful to the working men and women of our Commonwealth. Certainly all of the blame for “business as usual” cannot be placed solely on the Senate, as several House committee chairs remain uncooperative and at times outright hostile where labor legislation is concerned. Organized labor must do a much better job of holding those representatives we award with our endorsements and energies accountable, while doing our utmost to defeat legislators and candidates who work against the interest of our members and those who work for a living.

Finally, let me thank all of those who assisted me during this legislative session. Your assistance and friendship lightened the burden of not having my friend and partner, Larry Jaggers, at my side during the both the chaos of the General Assembly.

Godspeed on your recovery, Brother Jaggers.

Bill Londrigan