[Ct-nfb] RESOLUTION 2011-17 Regarding the Workforce Investment Act Reauthorization

Richard McGaffin rmcgaffin at snet.net
Tue Jul 12 10:43:25 UTC 2011

Hey Justin:
You may have finished selling your M&Ms before me, but with my wife's help we ended up selling  another 24 bags so I won in the end (just messing with you) great seeing you at the convention and I have to admit I almost forgot to call, but thankfully Joyce Kane reminded me of it.
have a good one

--- On Mon, 7/11/11, Salisbury, Justin Mark <SALISBURYJ08 at students.ecu.edu> wrote:

From: Salisbury, Justin Mark <SALISBURYJ08 at students.ecu.edu>
Subject: Re: [Ct-nfb] RESOLUTION 2011-17 Regarding the Workforce Investment Act Reauthorization
To: "NFB of Connecticut Mailing List" <ct-nfb at nfbnet.org>
Date: Monday, July 11, 2011, 2:55 PM

We need everyone to call about this!  That means you!  

It takes literally less than five minutes.  I doubt I could have made that assistant to Senator Blumenthal stay on the phone for five whole minutes even if I had tried.  I promise that you all do have the time.


Justin M. Salisbury
Undergraduate Student
The University Honors Program
East Carolina University
salisburyj08 at students.ecu.edu

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”    —MARGARET MEAD

From: ct-nfb-bounces at nfbnet.org [ct-nfb-bounces at nfbnet.org] on behalf of llee at nfbct.org [llee at nfbct.org]
Sent: Monday, July 11, 2011 2:31 PM
To: NFB of CT list serve
Subject: [Ct-nfb] RESOLUTION 2011-17 Regarding the Workforce Investment Act     Reauthorization

Here is a resolution that was passed at the NFB National Convention last week.

Regarding the Workforce Investment Act Reauthorization

WHEREAS, the Senate Committee on Health, Education, Labor, and
Pensions has distributed language for the reauthorization of the
Workforce Investment Act including a proposed Section 511 of Title V
(the Rehabilitation Act), which would provide for employment of
people with significant disabilities at wages below the federally
mandated minimum wage; and

WHEREAS, the proposed language of Section 511 would be a tacit
endorsement of the subminimum wage provision found in Section 14(c)
of the Fair Labor Standards Act (FLSA) and its antiquated contention
that people with disabilities cannot be competitively employed; and

WHEREAS, this language links the Rehabilitation Act, which was
established to assist people with disabilities in obtaining
competitive integrated employment, with Section 14(c) of the FLSA,
which is based on the false premise that people with disabilities can
not be competitively employed and therefore can be paid subminimum wages;

WHEREAS, the language in Section 511 that defines what steps a
vocational rehabilitation counselor must take before steering a
client into subminimum-wage employment is intended to prevent youth
with disabilities from being tracked into subminimum-wage jobs, but
is likely instead to track clients into subminimum-wage employment; and

WHEREAS, language in Section 511 asserts that employers holding a
certificate that allows them to pay subminimum wages can also serve
as training facilities for people with disabilities, a claim that
ignores the fact that job training services provided by an employer
holding a special wage certificate are likely to reinforce the low
expectation that workers with disabilities cannot be competitively
employed, since the incentive is for the employer to continue
exploiting their labor rather than prepare workers for other employment; and

WHEREAS, the Section 511 documentation and review process, which is
meant to provide safeguards against inappropriate use of
subminimum-wage employment, does not take into consideration the fact
that state Vocational Rehabilitation programs do not have the
resources to ensure effective compliance with the various
documentation and review requirements, including the six-month review
period in the proposed language, creating an opportunity to expand
the exploitation caused by Section 14(c) of the FLSA; and

WHEREAS, the good intentions motivating the development of Section
511 are likely to result in enormous negative consequences,
especially the validation of subminimum-wage employment as a viable
outcome for people with disabilities; and

WHEREAS, the language does not provide an effective procedure for
workers to challenge improper placement in such employment: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention

assembled this seventh day of July, 2011, in the city of Orlando,
Florida, that this organization call on members of the Senate
Committee on Health, Education, Labor, and Pensions to remove Section
511 of the proposed Rehabilitation Act; and

BE IT FURTHER RESOLVED that we call upon all members of Congress,
not to address the unjust law of Section 14(c) with ineffective
measures, but to take direct action to abolish the reprehensible
practice of subminimum-wage employment forever.

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