Missouri Chamber of Commerce and Industry officials are committing to address work force issues during next year’s legislative session.
Earlier this month in Kansas City, the chamber’s board of directors approved workers’ compensation reform, employment law, labor policy and education as priorities in the employer advocacy group’s 2012 Legislative Agenda.
“Whether your company is large or small, whether Missouri’s economy is weak or strong, work force issues have the most significant, day-to-day impact on a business’ success,” said Daniel P. Mehan, president and CEO of the state chamber, in a news release. “Successful passage of these initiatives would mean broad-based reform impacting every business in our state, making Missouri a more attractive and competitive place to do business.”
Local representatives on the board include Lance Beshore of Leggett & Platt Inc., Peter Herschend of Silver Dollar City Attractions and Roger Howard of BNSF Railway Co., as well as executive committee members John D. Hancock of Prime Inc. and Brian Hammons of Hammons Products Co.
Here’s a breakdown of the legislative priorities approved by the chamber during its annual meeting Nov. 8:
- Workers’ Compensation Reform
Last year, reforms were gridlocked in the Senate. Citing two court cases, Robinson v. Hooker and Franklin v. CertainTeed Corp., chamber board members insist Missouri’s workers’ compensation laws tip the scale against employers.
Following the Robinson v. Hooker case, employees who sustain work-related injuries may sue co-employees for negligence in civil actions. According to the chamber’s legislative agenda, Missouri employers may find it difficult to recruit and retain employees in key supervisory and safety positions without offering to indemnify them against lawsuits from co-workers. Additionally, exposing employees to lawsuits by co-employees may cause chaos in workplaces, the release said.
In Franklin v. CertainTeed Corp., the court ruled that occupational diseases are no longer the exclusive domain of workers’ comp. As a result, chamber officials say such cases may instead be pursued in civil court for damages against employers – increasing the time and expense necessary to resolve cases.
Chamber officials maintain that the workers’ comp system was designed to provide an exclusive remedy so that workers could be made whole quickly and fairly.
After Gov. Jay Nixon vetoed a comprehensive reform package this year, chamber board members consider employment law reform another piece of unfinished business.
“Missouri courts have eroded the law to the point that Missouri holds the distinction of some of the lowest standards for discrimination lawsuits in the nation,” Mehan said. “In Missouri courts, the employer is guilty until proven innocent.”
2011 legislation would have changed Missouri’s employment law to mirror the federal Civil Rights Act in order to reduce frivolous lawsuits and insure more timely and fair resolution of legitimate discrimination cases.
“Make no mistake, discrimination is wrong,” Mehan said. “But it is also unfair to subject Missouri employers to a constant barrage of trial lawyers filing frivolous lawsuits hoping for a big payoff.”
Additionally, the chamber said it would continue to seek repairs of the state Second Injury Fund that is facing bankruptcy. The fund is designed to protect employees who are reinjured on the job.
Chamber officials said they would push to eliminate project labor agreements, which require contractors to employ only union labor on public projects.
“Project labor agreements stifle free trade and increase costs unnecessarily,” Mehan said. “We need to let the market decide construction contracts, not a state mandate.”
The chamber agenda also highlighted prevailing wage law reforms, calling the policy “a product of a bygone era” and saying it arbitrarily sets wages on public projects.
“That mandate is costing taxpayers far greater costs for public projects,” added Mehan. “In some areas of the state, it could nearly double the wage level on taxpayer-funded projects compared to wages for other local construction projects.”
Rebuilding efforts in Joplin have been central in the debate, with some legislators and lobbyists suggesting prevailing wage suspension during reconstruction. Opponents say such a move would violate workers' rights to fair wages and that construction quality could suffer.
Among the supported initiatives are charter schools in failing public school districts, merit pay of teachers and eliminating the state-imposed teacher tenure system.
“We can pass business friendly bills all legislative session, but if we fail in education, none of that matters,” Mehan said. “Our education system is the key to our future work force.”[[In-content Ad]]
