Leland Yee: NLRA Anniversary, nail salons

July 5 will mark the 70th anniversary of the signing of the National Labor Relations Act (NLRA) by President Franklin D. Roosevelt.

Many consider the NLRA the single most important piece of labor legislation enacted in the 20th century. When it first became law, it was hailed as the statement of ideals of the American labor movement. Prior to the NLRA, employers were free to spy on, interrogate, discipline, discharge and even blacklist union members and those trying to start unions.

In the early '30s, workers began to fight back in a rather militant fashion. The NLRA was an effort by Roosevelt to allow workers to organize in a lawful and peaceful way.

The NLRA guaranteed workers the right to join unions without fear of management reprisal. It created the National Labor Relations Board to enforce this right and prohibited employers from committing unfair labor practices that might discourage organizing or prevent workers from negotiating a union contract. The NLRA was also the impetus for collective bargaining.

In reaction, opponents of a strong union movement sought to weaken the NLRA. They succeeded in adding provisions to the act allowing unions to be prosecuted, enjoined and sued for a variety of activities, including mass picketing and secondary boycotts.

With the weakening of the original NLRA, union membership in America has declined. Forty-two million workers who are not represented by a union have stated they would like to be represented. Today, the George Bush administration has rescinded many of the regulations put into effect by the Bill Clinton administration that benefited workers. In fact, under Bush, the NLRA appears to have become a device used by irresponsible employers to allow them to avoid letting their workers engage in self-representation.

Additionally, much of this anti-union bias can be seen in the activities and initiatives of the Arnold Schwarzenegger administration in Sacramento as it decries the efforts of teachers, firefighters, peace officers and state workers to represent themselves and seeks to weaken rights California workers have already won.

The November special election will contain several anti-union measures, including "paycheck protection," which would restrict the ability of union members to use their dues to support political causes, effectively drowning out the voices of working people. Additionally, the governor is proposing an initiative to roll-back teacher tenure and create disincentives for a new generation to enter the teaching profession.

The 70th anniversary of the signing of the National Labor Relations Act, along with increasing attacks on unions and their members, provides us with the opportunity to examine how to allow workers to continue to enjoy their right to be represented. For too long, the NLRA has stood as a broken promise to America's workers, instead of fulfilling the dream that its framers envisioned.

It remains my belief that a strong labor movement is essential for a strong economy and strong democracy. Let's take the opportunity of the 70th anniversary of the NLRA to see the dream of workers' representation made real.

Legislation Would Impose Safety Standards at Nail Salons

In 1999 and 2000, outbreaks of infections were traced to a nail salon in Watsonville, California, affecting more than 100 women. Then, in November 2004, a growing number of people throughout the Bay Area complained of leg lesions and infections similar to those experienced by customers of the Watsonville salon. The infections were again discovered to be caused by unsanitary conditions at nail salons. This time, there were 27 salons involved and more than 120 people were infected.

After much investigation, it was determined that the infections were most likely caused by bacteria, which thrive in the warm, swirling water of pedicure foot baths. While the infections are typically not life-threatening, they require treatment with oral antibiotics and can lead to painful boils, lesions and scarring. The bacteria, called non-tuberculous mycobacterium, can enter the bloodstream through tiny nicks or cuts caused by manicurist's tools.

In response to this public health threat, I have authored Assembly Bill (AB) 1263 to require the Board of Barbering and Cosmetology to adopt regulations and set forth standards and requirements for the use of whirlpool pedicure equipment.

Most salons are very conscientious about standards of cleanliness and adhere to already-established guidelines, which require regularly sanitizing equipment. However, it is apparent that these measures are not enough. Assembly Bill 1263 will:
• Establish minimum safety standards for pedicure equipment; áRequire the use of disinfectants registered at a level for instrument disinfection by the federal Environmental Protection Agency (EPA); á
Establish procedures to ensure the proper and safe operation of pedicure spa equipment;
• Establish accountability procedures and notification requirements to customers that proper cleaning and disinfection procedures have been followed on all multi-use tools and equipment prior to providing any manicure and pedicure salon service;
• Require the board to keep disinfection standards and protocols current with standards set by the state Department of Health Services, the United States Environmental Protection Agency and the United States Centers for Disease Control;
• Require the board to conspicuously display a notice in a violator's place of business or employment of license violations;
• Requires the board to also establish penalties, including remediation requirements, for licensees and establishments that violate health and safety regulations.

In a high-profile case, singer and American Idol judge Paula Abdul underwent surgery last year after an infection likely caused by a botched manicure. She attended a hearing in Sacramento of the Senate Committee on Business, Professions and Economic Development to share her painful experience and testify in support of this important legislation.

This bill is a necessary public health measure at the state level to ensure that preventable infections do not harm more salon patrons.

Leland Yee is the speaker pro tempore at the California Assembly.