Legislative Attacks on Farmworkers and Immigrants Defeated

[Go directly to bill list]

The third longest legislative session in the history of Oregon ended on Friday, August 5th, marking the defeat of every major anti-immigrant, anti-farmworker piece of legislation. PCUN and numerous allies worked against over 18 proposals to undermine the minimum wage and collective bargaining, require proof of legal status to get a driver’s license, and make it more difficult for people to vote.

Farmworker collective bargaining

The Ag lobby introduced HB 3258, which would place farmworker collective bargaining under the Employment Relations Board (ERB), a state agency handling public employee unionization. The proposal did not include key provisions articulated by PCUN and supported by Oregon Governor Kulongoski, including mandatory binding arbitration of first contracts. In floor debate, Rep. Brad Witt (D- Clatskanie) characterized HB 3258 as “the perfect mechanism by which the avoidance of collective bargaining agreements can be institutionalized.”

When bill similar to HB 3258 was put before the House of Representatives in the 2002 special session it passed by a wider margin, with five Democrats voting in favor. This session NORPAC made significant efforts to wedge the Democratic caucus by hiring Steve Marks, a fellow Democrat and former chief of staff to then-Governor John Kitzaber, as their lobbyist. This strategy seemingly brought little success as this session only two Democrats supported the measure.

The Governor and Democratic-controlled Senate stood firm by PCUN’s principles of collective bargaining for the entire session; HB 3258 died in the Senate without a hearing.

Minimum Wage

Early in the session, the restaurant lobby and House and Senate republicans introduced a host of bills – HB 2331, HB 2409, HB 2386, SB 452, SB 455, SB 451, and HB 2720 to chip away at the minimum wage by freezing the “cost-of-living” increases, carving out exemptions, or imposing a “tip penalty” on tipped workers. Strong opposition from organized labor and minimum wage workers ensured that none of the bills came up for a vote in either chamber.

In the final weeks of the session the Ag lobby unveiled SB 1083, a more insidious tactic to undermine the minimum wage by giving growers a tax break for the wages of farmworkers paid the minimum wage. After Farm Bureau lawyer Tim Bernasek admitted in public testimony that this interpretation would provide a “perverse incentive” to employers to lower wages in order to qualify for the credit, the Ag lobby argued that the bill should be interpreted to include all farmworkers, meaning a tax credit for every grower in Oregon, regardless of size, profitability, or need. The Legislative Revenue office estimated that SB 1083 would cost the State $244,000,000 over six years! Nonetheless, SB 1083 passed the House 33-27 on a near party-line vote; the Governor is expected to veto it.

Immigrant Rights

Post 9/11 anti-immigrant sentiment continued to work its way into mainstream politics this session. Manifestations included HB 2608, HB 2611, and HB 2947, which would require proof of legal status to get a driver’s license, a concept that was previously defeated in 1995 and 2003 sessions. This session presented a different political reality due to the passage of the federal “REAL ID” Act in May, galvanizing the anti-immigrant group, Oregonians for Immigration Reform. One modest victory was persuading the Oregon Legislature to refrain from mandating implementation of any of REAL ID’s provisions this session, as the Department of Homeland Security has not yet issued regulations. For now, Oregon remains one of eleven states where all residents can get a driver’s license regardless of immigration status.

Additional proposals fueled by anti-immigrant hysteria included HB 2583, that would require proof of citizenship in order to register to vote. Secretary of State Bill Bradbury described the bill as a “solution in search of a problem” that would “create hurdles for voters, suppress registration, and potentially treat different registrants differently.” HB 2583 narrowly passed the House, but died in the Senate.

Measures we supported

Senate Resolution 1, the first official legislative recognition of César Chávez in the State of Oregon, was approved 22-1 by the full Oregon Senate on the anniversary of César Chávez’s birth, March 31st. SR1 calls on all Oregonians to undertake a day of volunteer service in honor of Cesar E Chavez and encourages all Oregon counties, municipalities, and school districts to join in officially recognizing Chávez. Voz Hispana Causa Chavista organized a reception hosted by the Governor’s office to commemorate its passage.

For the second session in a row, the “tuition equity” bill, SB 769, was held up in the budget committee. PCUN continues to support our sister organization, Latinos Unidos Siempre, in their state and national campaigns to provide in-state college tuition for Oregon high school graduates regardless of their immigration status.

Looking ahead

We anticipate upcoming legislative cycles to feature many of the same attacks on immigrants and working people. Farmworker collective law remains deadlocked over the issue of arbitration and we expect the Restaurant Association and Farm Bureau to continue their attempts to undermine the minimum wage. Under “REAL ID,” states have three years (until May 2008) to comply with its driver’s license restrictions. On this issue, PCUN and CAUSA are playing an active role in national and state strategy to analyze implementation options and alternatives.

Our successful defense of farmworker and immigrants rights was possible because thousands of workers and supporters attended rallies and lobby days and because dozens of workers, ally organizations, legislators and other political leaders spoke out and stepped up. The lives of hundreds of thousands in Oregon are better (or at least not worse) for it.

[List of bills]