Free speech — for companies, too

Whether employees should belong to unions is a question for them to decide. Government should be neutral about it. Two bills introduced in the Legislature violate that neutrality and should be rejected.

The bills, SB 5700 and HB 1828, would deny aerospace-industry tax rates to companies that lawfully oppose an attempt to organize labor. These lower tax rates were granted in 2003 to encourage Boeing to assemble the 787 in Washington. Boeing already has unions, and is not a target of the bills; the targets are its suppliers and subcontractors in Washington. Three of them have recently fended off union organization attempts, and the proposed legislation is the result.

The main sponsors are Sen. Margarita Prentice, who represents the district around Boeing's Renton plant, and Rep. Mike Sells, who represents the district around Boeing's Everett plant. Both are Democrats elected with support of Boeing's largest union, the Aerospace Machinists.

Under federal labor law, union and management have rights to talk to employees about forming a union. Each side is forbidden from doing certain things but has a right to state its position. Then comes a secret-ballot election in which the employees decide.

If these bills become law, companies that exercise their rights under federal law — and under the First Amendment — will have their taxes raised. That is, the amount of tax they owe will depend on the content of their speech.

These bills are probably unconstitutional. They also create a new incentive for Boeing's suppliers and subcontractors to move out of Washington.