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National Wage and Hour Clearinghouse

Obama top labor nominee's testimony questioned

Thursday, August 27, 2009

President Obama's choice for the U.S. Labor Department's top law enforcement job created a first-of-its-kind program in New York that deputized unions and advocacy groups to visit private businesses and report wage violations to the government, an initiative that has raised concerns holding up her nomination.

M. Patricia Smith told senators vetting her appointment to be the Labor Department's solicitor that her "wage watch" pilot program in New York was created over the last year to "engage groups to help us with education" and not to let the private groups conduct labor investigations.

But internal memos obtained by Republican aides on the Senate Health Education Labor and Pensions Committee show Ms. Smith's state labor agency in New York actually referred to the union and group participants as "enforcers," The Washington Times has learned.

Businesses and some Republicans are concerned Ms. Smith's program - and the philosophy behind it - amount to an "unprecedented and unwarranted" intrusion on private business, and could empower unions to use their role in the government program to improperly pressure companies to accept contract concessions or unionization of their workforce.
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