Workforce Fairness Institute Executive Director Fred Wszolek sent the following letter to the Chair and Ranking Member of the Senate Health, Education, Labor and Pensions (HELP) Committee opposing the nomination of Thomas Perez for Department of Labor Secretary:
May 30, 2013
Senator Tom Harkin Chairman Committee on Health, Education, Labor and Pensions 428 Senate Dirksen Office Building
Washington, DC 20510
Senator Lamar Alexander Ranking Member Committee on Health, Education, Labor and Pensions 835 Senate Hart Office Building
Washington, DC 20510
The Workforce Fairness Institute (WFI) is an organization devoted to educating workers, their employers and Americans in general on important issues affecting the workplace. We write in strong opposition to the confirmation of Thomas Perez as United States Secretary of Labor.
Over the last several weeks, numerous issues have been raised regarding Mr. Perez that are deeply disturbing, not the least of which are the nominee’s contradictory responses to questions posed by the Senate Health, Education, Labor and Pensions (HELP) Committee and his unwillingness to disclose information relevant to his nomination. This information includes, for example, emails exchanged on a personal account that are work related. Information Perez has failed to divulge can and should be considered by the committee as information that, if disclosed, would be harmful to his nomination.
In addition, Perez’s lack of openness and the injudiciousness he displayed when responding to questions reveal a hyper-partisan nominee more interested in pursuing an ideological agenda than someone committed to a fair and balanced application of the many important laws he will be charged with enforcing if confirmed as labor secretary.
Perez’s principal qualifications for this cabinet-level appointment are his service as director of the Maryland Department of Labor, Licensing and Regulation, as well as his tenure as a Montgomery County councilman. This experience does not demonstrate the level of expertise required to serve as the chief executive of a federal agency with nearly 18,000 employees, which also plays a pivotal role in forming and implementing policies that directly impact America’s economy.
Next, Perez refused to answer questions on issues that are of critical importance to employees and employers alike, such as the U.S. Department of Labor’s controversial proposed change in what is known as the “persuader rule.” The proposed change dramatically narrows the long-standing interpretation given the “advice” exemption in the Labor Management Report and Disclosure Act (LMRDA). If the proposal is adopted, employers will be required to disclose the names of the attorneys and consultants who counsel them during a union–organizing campaign, as well as the fees they charge. In addition, their attorneys, as well as other consultants will even be required to disclose their client lists. This information is considered privileged by lawyers and their law firms, and their clients reasonably expect this confidentiality to be honored. Needless to say, if the proposal takes effect it will limit the number of attorneys willing to provide employers with legal advice during union-organizing activities, and will have an overall chilling effect on the relations between business owners and their advisers.
Perez should have schooled himself on this highly controversial proposal, as well as others, prior to the hearing and been prepared to answer questions on it. His failure to do so, can and should be construed as a refusal to supply information which, if provided, would be harmful to his nomination.
We respectfully request that senators – when considering the merits of the nomination – weigh and consider our concerns and vote against Mr. Perez’s confirmation.
Sincerely,
Fred Wszolek Executive Director
Workforce Fairness Institute (WFI)
WFI Letter – Perez Nomination
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