Cherie Berry’s legacy looms large in race to replace her. So does the elevator photo

For the first time in more than two decades, Cherie Berry’s name won’t be on the ballot for labor commissioner. But the state’s “elevator queen” still looms over the race as candidates debate her business-oriented approach to regulating the workplace — and her decision to put her photo in every elevator in the state.

Three Republicans are seeking their party’s nomination in the March primary: State Rep. Josh Dobson, R-McDowell; former legislator and current UNC Board of Governors member Pearl Burris Floyd; and Chuck Stanley, a Columbus County construction company manager.

The winner of the primary will face Wake County Commissioner Jessica Holmes, who’s unopposed in the Democratic primary.

Berry is retiring after 20 years in office, and she’s faced criticism that she’s too lenient on businesses that fail to properly pay their workers or that have poor safety records. The five-term Republican argues that the Department of Labor should be more of a partner to businesses than a punisher.

And the GOP candidates to replace her say they’d like to continue that approach. Burris Floyd has Berry’s endorsement for her campaign. She’s a longtime health care administrator who served in the N.C. House from 2008 to 2010 and was appointed to the UNC Board of Governors in 2015.

Burris Floyd calls Berry her “mentor” in politics for decades, and Berry said in her endorsement that her friend’s “education and business background, both in the health industry and in her experience as a small business owner, will serve her well in this position.”

Burris Floyd said she’s experienced workplace safety issues firsthand working as a laboratory safety officer.

“I understand the pressure that businesses have when they see an OSHA (Occupational Health and Safety Administration) inspector show up on their property,” she said. “I want to partner with those businesses, help them go through the must-haves to avoid being penalized.”

Commissioner shouldn’t be “on a crusade”

Dobson voiced a similar philosophy on the Department of Labor’s regulatory role. Like Burris Floyd, he’s a former county commissioner, and the McDowell County resident has served in the N.C. House since 2013.

“I don’t see the position as someone who should be on a crusade,” he said, noting that most major labor laws are set by the legislature or at the federal level. “I think the main job is to keep the employees of North Carolina safe. ... I would like to expand the training and education to businesses.”

And while Dobson doesn’t have Berry’s endorsement, he does have backing from two other notable Republican leaders: Agriculture Commissioner Steve Troxler and U.S. Rep. Mark Meadows.

Dobson currently is a chairman of the House Health and Appropriations committees and has worked outside of politics as a budget analyst. He says his political skills and willingness to work across party lines would be helpful as labor commissioner.

“You have to work with a lot of different entities to get the job done,” he said.

In a low-profile race where advertising will be a key to getting voters’ attention, Dobson has the cash advantage, raising $24,000 in the second half of 2019 and starting the new year with $71,100 on hand. Burris Floyd raised $12,300 in the same period and had $8,800 on hand. Stanley trailed his better-known opponents in fundraising, bringing in only $1,100.

He could not be reached for an interview, but his campaign website says he is a former sheriff’s deputy and former solid waste enforcement director for Columbus County. He now serves as safety manager and superintendent of operations for a construction company.

Whoever wins the GOP primary will face well-funded opposition from Holmes, as Democrats hope Berry’s retirement will provide their best shot at taking over the Department of Labor. She has raised $58,600 in the second half of 2019 and has $119,900 on hand.

Democrat views job differently

While the Republicans praise Berry, Holmes wants to take the department’s regulatory approach in a different direction.

“No one running for commissioner of labor should tout continuing an approach that allows workers to be injured or die in the workplace with little to no accountability for unsafe working conditions,” Holmes said, criticizing what she called Berry’s “laissez-faire approach.”

“Supporting employers and workers’ rights is not mutually exclusive. I will support businesses and help to identify and remedy unsafe working conditions and find the balance that workers have been denied under the current administration.”

Holmes is an attorney who has handled a number of workers’ rights cases. If either Holmes or Burris Floyd wins in November, they’d be the first African-American women to serve in a non-judicial statewide election position.

The candidates from both parties are finding it challenging to get their message out amid higher-profile races for president, U.S. Senate and governor. Dobson said much of his campaign has involved “educating voters on what the Labor Department does beyond the elevators.”

In addition to elevators, the department inspects boilers, amusement park and fair rides, and mines and quarries. It investigates wage and hour law violations, employment discrimination complaints and workplace safety issues.

But thanks to Berry’s decision to put her photo on elevator inspection placards, most people associate the elected office with elevator rides. The candidates to replace her say they’re open to continuing the tradition — which some observers have credited with Berry’s easy re-elections.

“I think it has educated people to an extent to what the Labor Department does, being able to put a face to a department,” said Dobson, who says he’ll put up his photo.

Others aren’t sure if they’ll be an elevator presence but are keeping the option open. “I’ll evaluate that when I become the winner,” Burris Floyd said. “Would I like to see my face all over the state? As long as it’s positive, yes.”

Berry’s iconic photo became an issue in the 2016 labor commissioner race, when her Democratic opponent, former Raleigh Mayor Charles Meeker, called it “self-promotion by a career politician.” He pledged to redesign the elevator placards with pictures of workers who have been honored by the Department of Labor.

This year’s Democratic candidate, Holmes, hasn’t decided how she’ll approach the issue. “I haven’t made that determination as my focus is on elevating workers as my primary objective,” she said in an email.

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This story was originally published February 13, 2020 at 11:35 AM.