Labor

Rep. Whitfield visits with some of Kentucky's coal miners.

LABOR

In my travels through Kentucky and around the nation, one fact is clear: the United States possesses the best, brightest and most innovative workforce in the world. To harness this invaluable resource, workers must have the training, tools and resources they need to compete in an ever-changing global economy. Since being elected to Congress, I have continually worked to make certain that workers receive the benefits they have justly earned, particularly in the way of retirement and access to quality, affordable healthcare. I will continue to work with my colleagues on both sides of the aisle to modernize our 20th century labor regulations to fit the needs of a 21st century workforce.

Clearly, in spite of some improvements in the national economy, many families in the First Congressional District are still hurting. Kentucky’s unemployment rate remains higher than the national average and some counties in our area have even higher unemployment rates than the state average. I believe that workforce training and education can help put hardworking Kentuckians back to work and I will continue to support these initiatives in Congress.

In the current session of Congress, I have introduced two pieces of legislation, H.R. 2904 and H.R. 2905, which will help ensure former employees at certain Department of Energy sites (including the Paducah Gaseous Diffusion Plant) receive the benefits and care they have earned while also bringing transparency and oversight to a program charged with administering compensation. I will continue to work with my colleagues to sign this important and necessary legislation into law.

Nuclear Workers Health Advisory Board Act

I have introduced the Nuclear Workers Health Advisory Board Act (H.R.2905). The legislation would require the President to establish and appoint an advisory board on toxic substances and worker health responsible for overseeing a portion of the original Energy Employees Occupational Illness Compensation Program Act (EEOICPA) legislation known as ‘Part E.’ The Part E program provides eligible employees with compensation payments of up to $250,000, plus medical expenses for health conditions as a result of having been exposed to toxic substances while working for DOE.

This is an important bill for many in Kentucky and I look forward to working with his colleagues on the Education and the Workforce Committee and the Armed Services Committee to hold hearings on much needed EEOICPA reforms and sign H.R.2905 into law.

The Nuclear Workers Compensation Act

I have introduced legislation, H.R. 2904, that would amend Part E of the EEOICPA program to allow survivors of family members who file claims under Part E but who pass away before their claims are approved to receive the full benefit that would have been awarded to the claimant, rather than a lesser survivor’s benefit. This bill would correct the sort of inequity in the case of a Kentucky resident who passed away from complications sustained while working for DOE and whose claim was approved just days after his death.

Pension Reform

It is critical that America’s retirees are provided with secure, sufficient pension plans. In 2006, both parties in Congress and President George W. Bush forged the first comprehensive overhaul of worker pension laws in more than a generation. The Pension Protection Act of 2006, which I supported, made needed reforms to our pension laws and helps ensure that employers adequately fund employee pension plans. Below are some highlights of the legislation.

• Requires employers to make sufficient contributions to pension plans to cover 100 percent of pension liabilities and erase pension funding shortfalls over seven years;

• Strengthens disclosure requirements to give workers and retirees more information about the status of their pension plan;

• Restricts “golden parachute” executive compensation arrangements while the retirement security of rank-and-file workers remains at risk;

• Provides workers access to face-to-face, personally-tailored professional investment advice, and;

• Solidifies employer contributions to the Pension Benefit Guaranty Corporation to shield taxpayers from a possible multi-billion dollar bailout of underfunded employer pension plans.

  The Pension Protection Act was supported by a broad coalition of labor and business groups, including the International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), Laborers International Union of North America, the Affiliated Unions of the Building and Construction Trades Department (AFL-CIO), the Associated General Contractors of America and the U.S. Chamber of Commerce.

  Lilly Ledbetter Fair Pay Act

  I strongly believe that individuals should receive equal pay for equal work. Race, gender, religion and ethnicity should never play a role in determining one’s salary for a job. What’s more, the law should protect individuals from such discrimination and allow recourse for restitution.

  For this reason, I supported the Lilly Ledbetter Fair Pay Act. This legislation overturned the Supreme Court decision Ledbetter v. Goodyear Tire & Rubber Company, which ruled that workers suing for pay restitution had to do so within 180 days of the first discriminatory paycheck. The bill, which was signed into law by the President on January 29, 2009, allows workers to file claims for pay discrimination once they become aware of it, as opposed to within some artificially established timeframe.

  Employee Free Choice Act

  I believe that America's workers deserve a decent standard of living, affordable health insurance and a safe environment in which to work. Since being elected to Congress, I have supported policies and programs that would do just that by empowering and protecting American workers and the businesses that employ them. Advocates for the Employee Free Choice Act (EFCA) believe that it will improve workers’ conditions by making it easier for them to join labor unions, while opponents fear that this legislation will limit workers’ democratic right to a private ballot election during union organizing activities. As a result, the deeply divided views on this proposal appear to make it unlikely that a vote will be held on the legislation in the foreseeable future.

  Caring for Coal Miners

  On July 9, 2012, Patriot Coal filed for Chapter 11 bankruptcy.  Patriot claimed it would need to restructure retiree healthcare and pension obligations in order to emerge from bankruptcy, placing the benefits of approximately 1,500 union retirees in KY-01 in jeopardy.  In order to ensure those union retirees continued to receive the healthcare benefits they rightfully earned, Congressman Whitfield introduced H.R. 2627, the Caring for Coal Miners Act that would make those retirees eligible for the United Mine Workers of America’s (UMWA) 1993 Benefit Plan, should Patriot fail to emerge from bankruptcy. 

  Congressman Whitfield also joined 17 other bipartisan Members to introduce H.R. 2918, the Coal Healthcare and Pension Protection Act of 2013.  This bill combines the healthcare benefits protection language from the Caring for Coal Miners Act with language help ensure the long-term solvency of the UMWA pension fund.  H.R. 2918 currently has 56 bipartisan cosponsors.  Congressman Whitfield remains committed to working with his colleagues to ensure these miners and retirees continue to receive the benefits they were promised.