HB 200: "An Act relating to restricting collective bargaining by certain public employees."
00 HOUSE BILL NO. 200 01 "An Act relating to restricting collective bargaining by certain public employees." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.35.305 is amended to read: 04 Sec. 18.35.305. Places where smoking is prohibited. Smoking in any form is 05 prohibited in the following indoor places: 06 (1) a public or private elementary or secondary school, preschool, or 07 children's day care facility; if the school, preschool, or day care facility is in a building 08 that is also a private residence, this paragraph applies only during the hours when the 09 residence is being used as an elementary or secondary school, preschool, or children's 10 day care facility and to the rooms used as an elementary or secondary school, 11 preschool, or children's day care facility; if the school, preschool, or day care facility 12 is in a building that includes more than one private residence or units that are not 13 private residences, this paragraph applies only to the private residence in which the 14 elementary or secondary school, preschool, or children's day care facility is located; 15 [THE PROHIBITION IN THIS PARAGRAPH DOES NOT APPLY TO A
01 DESIGNATED SMOKING AREA THAT IS PROPERLY VENTILATED OR 02 EQUIPPED WITH AN EXHAUST FAN IN A PUBLIC OR PRIVATE 03 ELEMENTARY OR SECONDARY SCHOOL IF THE AREA IS LOCATED IN A 04 ROOM WHERE MINORS ARE NOT PERMITTED AND A SMOKING AREA 05 MUST BE DESIGNATED IN THE SCHOOL TO COMPLY WITH A 06 COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES WHO 07 WORK IN THE SCHOOL;] 08 (2) a room, chamber, or other place under the control of the state or a 09 political subdivision of the state while a public meeting or public assembly is in 10 progress; 11 (3) an office where dental care, health care, or the healing arts are 12 practiced, a public or private laboratory associated with dental care, health care, or the 13 healing arts if the laboratory is located within the same premises as an office where 14 dental care, health care, or the healing arts are practiced, and a public or private 15 hospital, or other nonresidential health care institution or facility; this paragraph does 16 not apply to a public or private office or facility that is engaged primarily in providing 17 mental health services; 18 (4) an elevator. 19 * Sec. 2. AS 23.40.040 is amended to read: 20 Sec. 23.40.040. Collective bargaining agreement. The commissioner of 21 transportation and public facilities or an authorized representative, in accordance with 22 AS 23.40.020 - 23.40.030, may negotiate and enter into collective bargaining 23 agreements concerning wages [, HOURS, WORKING CONDITIONS, AND OTHER 24 EMPLOYMENT BENEFITS] with the employees of the division of marine 25 transportation engaged in operating the state ferry system as masters or members of 26 the crews of vessels or their bargaining agent. A collective bargaining agreement is 27 not final without the concurrence of the commissioner of transportation and public 28 facilities. The commissioner of transportation and public facilities may make provision 29 in the collective bargaining agreement for the settlement of wage [LABOR] disputes 30 by arbitration. 31 * Sec. 3. AS 23.40.070 is amended to read:
01 Sec. 23.40.070. Declaration of policy. The legislature finds that joint decision- 02 making is the modern way of administering government. If public employees have 03 been granted the right to share in the decision-making process affecting wages and 04 working conditions, they have become more responsive and better able to exchange 05 ideas and information on operations with their administrators. Accordingly, 06 government is made more effective. The legislature further finds that the enactment of 07 positive legislation establishing guidelines for public employment relations is the best 08 way to harness and direct the energies of public employees eager to have a voice in 09 determining their conditions of work, to provide a rational method for dealing with 10 disputes and work stoppages, to strengthen the merit principle where civil service is in 11 effect, and to maintain a favorable political and social environment. The legislature 12 declares that it is the public policy of the state to promote harmonious and cooperative 13 relations between government and its employees and to protect the public by assuring 14 effective and orderly operations of government. These policies are to be carried out 15 [EFFECTUATED] by 16 (1) recognizing the right of public employees to organize for the 17 purpose of collective bargaining; 18 (2) requiring public employers to negotiate with and enter into written 19 agreements with employee organizations on matters of wages, hours, and other terms 20 and conditions of employment for firefighters, police officers, and emergency 21 medical technicians, and on matters of wages for public employees who are not 22 firefighters, police officers, or emergency medical technicians; 23 (3) maintaining merit-system principles among public employees. 24 * Sec. 4. AS 23.40.075 is amended by adding a new subsection to read: 25 (b) During collective bargaining, a labor organization may only bargain, 26 negotiate, or deal with an employer on the subject of wages, unless the labor 27 organization is bargaining, negotiating, or dealing on behalf of persons employed as 28 firefighters, police officers, or emergency medical technicians. 29 * Sec. 5. AS 23.40.110(a) is amended to read: 30 (a) A public employer or an agent of a public employer may not 31 (1) interfere with, restrain, or coerce an employee in the exercise of the
01 employee's rights guaranteed in AS 23.40.080; 02 (2) dominate or interfere with the formation, existence, or 03 administration of an organization; 04 (3) discriminate in regard to hire or tenure of employment or a term or 05 condition of employment to encourage or discourage membership in an organization; 06 (4) discharge or discriminate against an employee because the 07 employee has signed or filed an affidavit, petition, or complaint or given testimony 08 under AS 23.40.070 - 23.40.260; 09 (5) refuse to bargain collectively in good faith with an organization 10 that [WHICH] is the exclusive representative of employees in an appropriate unit, 11 including but not limited to the discussing of grievances of firefighters, police 12 officers, or emergency medical technicians with the exclusive representative. 13 * Sec. 6. AS 23.40.110(b) is amended to read: 14 (b) In matters concerning an organization that is the exclusive 15 representative of employees in an appropriate unit, nothing [NOTHING] in this 16 chapter prohibits a public employer from requiring or, if the organization is 17 representing firefighters, police officers, or emergency medical technicians, 18 making an agreement with an organization to require, as a condition of employment, 19 (1) membership in the organization, if the organization [WHICH] 20 represents the unit on or after the 30th day following the beginning of employment or 21 on the effective date of the agreement, whichever is later; or 22 (2) payment by the employee to the organization [EXCLUSIVE 23 BARGAINING AGENT] of a service fee to reimburse the organization 24 [EXCLUSIVE BARGAINING AGENT] for the expense of representing the members 25 of the bargaining unit. 26 * Sec. 7. AS 23.40 is amended by adding a new section to read: 27 Sec. 23.40.208. Wage agreement limitations. A wage increase negotiated 28 under this chapter for public employees who are not employed as firefighters, police 29 officers, or emergency medical technicians may not exceed the percentage increase in 30 the Consumer Price Index for urban wage earners and clerical workers for Anchorage, 31 Alaska, during the previous calendar year as determined by the United States
01 Department of Labor, Bureau of Labor Statistics. 02 * Sec. 8. AS 23.40.210(a) is amended to read: 03 (a) Upon the completion of negotiations between an organization and a public 04 employer, if a settlement is reached, the employer shall reduce it to writing in the form 05 of an agreement. The agreement may include a term for which it will remain in effect, 06 not to exceed three years. The agreement shall include a pay plan designed to provide 07 for a cost-of-living differential between the salaries paid employees residing in the 08 state and employees residing outside the state. The plan shall provide that the salaries 09 paid, as of August 26, 1977, to employees residing outside the state shall remain 10 unchanged until the difference between those salaries and the salaries paid employees 11 residing in the state reflects the difference between the cost of living in Alaska and 12 living in Seattle, Washington. [THE AGREEMENT SHALL INCLUDE A 13 GRIEVANCE PROCEDURE WHICH SHALL HAVE BINDING ARBITRATION 14 AS ITS FINAL STEP.] Either party to the agreement has a right of action to enforce 15 the agreement by petition to the labor relations agency. 16 * Sec. 9. AS 23.40.210 is amended by adding a new subsection to read: 17 (f) In addition to the other requirements of this section, if an agreement under 18 (a) of this section is between a public employer and an organization acting as the 19 exclusive representative of firefighters, police officers, or emergency medical 20 technicians, the agreement must include a grievance procedure; the final step of the 21 grievance procedure required in this subsection must be binding arbitration. 22 * Sec. 10. AS 23.40.240 is amended to read: 23 Sec. 23.40.240. Effect on certain units, representatives [, AND 24 AGREEMENTS]. Nothing in this chapter terminates or modifies a collective 25 bargaining unit or a [,] recognition of exclusive bargaining representative [, OR 26 COLLECTIVE BARGAINING AGREEMENT] if the unit or the [,] recognition [, 27 OR AGREEMENT] is in effect on September 5, 1972. 28 * Sec. 11. AS 23.40.250(1) is amended to read: 29 (1) "collective bargaining" means the performance of the mutual 30 obligation of the public employer or the employer's designated representatives and the 31 representative of the employees to meet at reasonable times, including meetings in
01 advance of the budget making process, and negotiate in good faith with respect to 02 wages, hours, or [AND] other terms and conditions of employment, or the negotiation 03 of an agreement, or negotiation of a question arising under an agreement and the 04 execution of a written contract incorporating an agreement reached if requested by 05 either party, but these obligations do not compel either party to agree to a proposal or 06 require the making of a concession; 07 * Sec. 12. AS 23.40.250(5) is amended to read: 08 (5) "organization" means a labor or employee organization of any kind 09 in which employees participate and that [WHICH] exists for the primary purpose of 10 dealing with employers concerning grievances, labor disputes, wages, rates of pay, 11 hours of employment, or [AND] conditions of employment; 12 * Sec. 13. AS 39.20.245(b) is amended to read: 13 (b) An officer or employee, with the approval of the person authorizing the 14 employment, may donate accrued personal or annual leave to another officer or 15 employee only for use as leave for medical reasons. The official responsible for 16 employee accounts shall debit the donor's personal or annual leave account and credit 17 the donee's personal leave account, or sick leave account, as appropriate, for medical 18 reasons only, by converting the donated leave into cash value at the donor's rate of pay 19 and reconverting the cash value to hours of leave at the donee's rate of pay. Leave 20 donated under this subsection is not leave taken by the donor for purposes of 21 AS 39.20.225(c). An employee who is covered by a collective bargaining agreement 22 may donate leave to or receive donations of leave from an employee or officer who is 23 not covered by a collective bargaining agreement, notwithstanding AS 39.20.310(7) 24 [AND (8)]. 25 * Sec. 14. AS 39.20.275(a) is amended to read: 26 (a) Notwithstanding AS 39.20.310(1) - (3), (6), and (7) [AND (6) - (8)], paid 27 administrative leave of not more than 80 hours and not less than 40 hours, unless the 28 employee requests fewer hours, shall be granted under this section to an employee 29 who requests leave to make a personal organ or bone marrow donation. Paid 30 administrative leave may include time spent on a screening process to determine 31 whether the employee is a compatible donor.
01 * Sec. 15. AS 39.20.310 is amended to read: 02 Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275, 03 AS 39.20.200 - 39.20.330 do not apply to 04 (1) members of the state legislature, the governor, the lieutenant 05 governor, and justices and judges of the supreme and superior courts and of the court 06 of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the 07 salaries fixed by law for these officers by reason of absence from duty on account of 08 illness or otherwise; 09 (2) magistrates serving the state on less than a full-time basis; 10 (3) officers, members of the teaching staff, and employees of the 11 University of Alaska; 12 (4) persons employed in a professional capacity to make a temporary 13 and special inquiry, study, or examination as authorized by the governor, the 14 legislature, or a legislative committee; 15 (5) members of boards, commissions, and authorities who are not 16 otherwise employed by the state; 17 (6) temporary employees hired for periods of less than 12 consecutive 18 months; 19 (7) [PERSONS EMPLOYED BY THE DIVISION OF MARINE 20 TRANSPORTATION AS MASTERS AND MEMBERS OF THE CREWS 21 OPERATING THE STATE FERRY SYSTEM WHO ARE COVERED BY 22 COLLECTIVE BARGAINING AGREEMENTS AS PROVIDED IN AS 23.40.040, 23 EXCEPT AS EXPRESSLY PROVIDED BY LAW; 24 (8)] persons employed by the state who are covered by collective 25 bargaining agreements under [AS PROVIDED IN] AS 23.40.210 that provide 26 benefits similar to benefits provided under AS 39.20.200 - 39.20.330, except as 27 expressly provided by law. 28 * Sec. 16. AS 39.20.530(b) is amended to read: 29 (b) The provisions of AS 39.20.500 - 39.20.550 are subject to collective 30 bargaining if the employees are firefighters, police officers, or emergency medical 31 technicians represented by an organization under AS 23.40.070 - 23.40.260 [.
01 HOWEVER, EXCEPT AS PROVIDED IN (c) OF THIS SECTION, A 02 COLLECTIVE BARGAINING CONTRACT THAT DOES NOT CONTAIN 03 BENEFIT PROVISIONS AT LEAST AS BENEFICIAL TO THE EMPLOYEE AS 04 THOSE PROVIDED BY AS 39.20.500 - 39.20.550 SHALL BE CONSIDERED TO 05 CONTAIN THE BENEFIT PROVISIONS OF THOSE STATUTES]. 06 * Sec. 17. AS 39.20.530 is amended by adding a new subsection to read: 07 (d) Except as provided in (c) of this section, a collective bargaining contract 08 that does not contain benefit provisions at least as beneficial to the employee as those 09 provided by AS 39.20.500 - 39.20.550 shall be considered to contain the benefit 10 provisions of those statutes. 11 * Sec. 18. AS 39.28.020(a) is amended to read: 12 (a) The director of the division of personnel shall 13 (1) assist state officials to carry out their equal employment 14 opportunity responsibilities, including promoting the recruitment, employment, 15 training, and retention of members of protected classes, and recommend solutions to 16 any problems identified; 17 (2) train state managers and supervisors in their equal employment 18 opportunity and affirmative action responsibilities and offer orientation programs to 19 employees to inform them of their rights and responsibilities under this chapter; 20 (3) monitor records of personnel actions, develop auditing and 21 reporting systems to acquire statistical information, and prepare federal and state 22 reports concerning the composition of the work force; 23 (4) prepare and submit the affirmative action plan for employment in 24 the executive branch of state government to the governor; 25 (5) prepare guidelines for the affirmative action programs of agencies 26 and review, audit, and make recommendations concerning the programs; 27 (6) ensure that agencies comply with the affirmative action plan and 28 with the agency affirmative action program; 29 (7) implement standards by which performance evaluations of 30 supervisors reflect compliance with affirmative action plans and objectives, including 31 the granting or denial of merit increases;
01 (8) assist the division of labor relations in collective bargaining 02 negotiations between the state and employee bargaining organizations to ensure that 03 each collective bargaining agreement negotiated by the state with an organization 04 negotiating as the exclusive representative of firefighters, police officers, or 05 emergency medical technicians ensures equal employment opportunity; 06 (9) file quarterly reports with the governor and the legislature 07 concerning agency compliance with and progress in its affirmative action program, the 08 affirmative action plan, state and federal equal employment opportunity laws and 09 regulations; 10 (10) accept, investigate, and resolve complaints of discrimination from 11 employees, previous employees, or applicants for employment; 12 (11) serve as primary liaison between the executive branch and state 13 and federal agencies, minority and women's organizations, and community groups 14 concerned with equal employment opportunity; and 15 (12) prepare and submit an annual report to the governor and the 16 legislature by February 15 on the progress and problem areas in the equal employment 17 opportunity program and the implementation of the affirmative action plan. 18 * Sec. 19. AS 39.28.020(c) is amended to read: 19 (c) If its terms apply to firefighters, police officers, or emergency medical 20 technicians, a [A] collective bargaining agreement adopted under AS 23.40.070 - 21 23.40.260 (Public Employment Relations Act) must be consistent with principles of 22 equal employment opportunity and affirmative action. This chapter supersedes the 23 provisions of AS 39.25 (State Personnel Act). 24 * Sec. 20. AS 39.35.680(22) is amended to read: 25 (22) "member" or "employee" 26 (A) means a person eligible to participate in the plan and who 27 is covered by the plan; 28 (B) includes 29 (i) an active member; 30 (ii) an inactive member; 31 (iii) a vested member;
01 (iv) a deferred vested member; 02 (v) a nonvested member; 03 (vi) a disabled member; 04 (vii) a retired member; 05 (viii) an elected public officer under AS 39.35.381; 06 (C) does not include 07 (i) former members; 08 (ii) persons compensated on a contractual or fee basis; 09 (iii) casual or emergency workers or nonpermanent 10 employees as defined in AS 39.25.200; 11 (iv) persons covered by the Alaska Teachers' 12 Retirement System except as provided under AS 39.35.131 and 13 39.35.381, or persons covered by a university retirement program; 14 (v) employees of the division of marine transportation 15 engaged in operating the state ferry system who are covered by a union 16 or group retirement system to which the state makes contributions; 17 (vi) justices of the supreme court or judges of the court 18 of appeals or of the superior or district courts of Alaska; 19 (vii) the administrative director of courts appointed 20 under art. IV, sec. 16 of the state constitution unless the director 21 becomes a member under AS 39.35.158; 22 (viii) members of the elected public officers' retirement 23 system (former AS 39.37); and 24 (ix) contractual employees of the legislative branch of 25 state government under AS 24.10.060(f); 26 (D) may include employees of the division of marine 27 transportation excluded under (C)(v) of this paragraph provided that 28 (i) the State of Alaska formally agrees to their inclusion 29 through the process of collective bargaining before the effective date 30 of this Act; and 31 (ii) no collective bargaining agreement has the effect of
01 obligating contributions made by the state under AS 39.30.150 in the 02 event the state resumes participation in the federal social security 03 system; 04 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. This Act applies to collective bargaining under AS 23.40.070 - 07 23.40.260 that occurs on or after the effective date of this Act; however, this Act does not 08 apply to collective bargaining settlements or agreements that exist before the effective date of 09 this Act or to renegotiations of those settlements or agreements as permitted under 10 AS 23.40.215, regardless of whether a settlement has been reduced to writing under 11 AS 23.40.210, signed by the parties, or funded under AS 23.40.215.