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The Free Speech Rights of Working Kansans Are Under Attack
Unemployment

Unemployment Insurance for the Victims of the Kansas Economy
Misclassification

How Kansas Companies Hire Illegals & Loophole Benefits
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Workers' Comp

The Effort for a Safe Workplace & Equitable Coverage for the Injured

Updated! HB 2531: Karin Brownlee’s Proposed Court Packing Scheme

In case you missed today’s hearing, we’ve added the tweets from today’s House Commerce Committee meeting on HB 2531 to the end of this blog.

As if the Kansas workers compensation law does not already work hardship on injured workers and their families, Kansas Secretary of Labor Karin Brownlee, along with the Chair of the House Commerce Committee Anthony Brown, want to make things materially worse. Under the provisions of HB 2531 (read full text here), the Kansas Chamber and those of a like mindset, will unilaterally pick the judges and Appeals Board members in the workers compensation system. They will also hand select the appeal judges in unemployment cases.

The proposed court packing scheme does not even attempt to display fairness. It is a pure political power grab that will have devastating consequences on the integrity of the workers compensation system and the unemployment system.

Current System:

The current system for the selection of the Appeals Board members for workers compensation has been in effect since 1993. Essentially, when vacancies occur, the Kansas Chamber and Kansas AFL-CIO meet and send a nominee to the Secretary of Labor. The appointment is for four years, and the Appeals Board members are permitted to reapply. The system worked so well that it was extended for the selection of Administrative Law Judges, or ALJs. Likewise, selection of unemployment appeal judges is balanced between the Chamber and the AFL-CIO.

Proposed Change:

The Secretary of Labor Karin Brownlee seeks to change the nominating committees from the Chamber and AFL-CIO to a seven person panel. The seven person panel consists of four members with a ‘pro-business’ states agenda: the Kansas Chamber, the National Federation of Independent Business, the Society for Human Resource Management, and the Kansas Self-Insurers Association. Compared to the business interests, Labor has two votes: AFL-CIO and a to-be-named employee organization. In addition, a representative of the Kansas Secretary of Labor votes.

Effects:

1. THE IDEA OF A FAIR ARBITER OF DISPUTES IS TOTALLY DESTROYED. The makeup of the Committee will be perpetually controlled by the business side of the table. Judges in deciding cases will always be “looking over their shoulder.” If they do not vote the way the Chamber/ insurance carriers desire, they will lose their employment. The bottom line is that the Chamber and insurance carriers will be deciding all the cases involving injured workers, and appeals to unemployment.

2. THE QUALITY OF JUDGES IN BOTH SYSTEMS WILL SUFFER. Under the proposed system, the judges will merely be political appointees. Individuals who seek to be fair arbiters, and seek to be fair to both sides, need not apply. Applicants will have a master to whom they must answer, i.e. the business agenda.

3. A SOLUTION IN SEARCH OF A PROBLEM. The current system has served the people of Kansas quite well. In fact, in the intense negotiations that occurred between labor and industry groups a year ago, the selection process for the judges was never even brought forth as a topic of discussion. All sides were well pleased.

The arguments that Labor only “represents” less than 10% of the Kansas population is insulting, and not true. Any time organized Labor is able to assist injured workers with better medical care, improved benefits, less litigation, etc., those benefits accrue to all injured workers – union and nonunion. Kansas is, by law, a right-to-work state, meaning Union leadership must represent all workers, regardless of whether the worker is a dues paying Union member or not. Furthermore, the business membership of the entities named in the bill still constitues a minority of total businesses in the state.