WHEREAS:

The United States Supreme Court has dramatically, and on an unprecedented basis, redefined the impact of valuable federal legislation on the employment rights of state workers; and

WHEREAS:

State employees can no longer file a private lawsuit against their state employers pursuant to the Age Discrimination in Employment Act (ADEA) and the Fair Labor Standards Act (FLSA); and

WHEREAS:

United States Supreme Court holdings have meant the definitive loss of rights under the Age Discrimination in Employment Act (ADEA) and the Fair Labor Standards Act (FLSA) and the likely loss of other federal employment rights like the rights under the Family and Medical Leave Act (FMLA); and

WHEREAS:

There is currently an awkward balance on the United States Supreme Court resulting in several 5?4 split decisions, which have negatively impacted the rights of state workers.

THEREFORE BE IT RESOLVED:

That AFSCME oppose federal judicial efforts to expand and strengthen state rights under the Eleventh Amendment; and

BE IT FURTHER RESOLVED:

That AFSCME attorneys will stand jointly and committed to the retention and recovery of federal employment rights such as those pursuant to the FLSA, ADEA and FMLA by assisting each other in advancing novel legal arguments, recapturing the wisdom of former court decisions and supporting each other through whatever means necessary; and

BE IT FURTHER RESOLVED:

That legislative efforts will be pursued to the greatest extent possible to support the initiative to retain or recover the rights of state workers to bring action pursuant to federal employment laws; and

BE IT FINALLY RESOLVED:

That AFSCME will fight and stand committed to insure the election of worker-friendly candidates both at the state and federal level.

SUBMITTED BY:

Ronald C. Alexander, President and Delegate
Vanessa Tolliver, Secretary/Treasurer and Delegate
OCSEA/AFSCME Local 11
Ohio

ADOPTED BY IEB