Legislature(1995 - 1996)
02/14/1996 03:13 PM House L&C
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* first hearing in first committee of referral
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HB 311 - REPEAL LIMIT ON HOURS EMPLOYED IN MINES Number 2343 CHAIRMAN KOTT announced the next order of business would be HB 311, "An Act repealing the limitation on the hours a person may be employed in a mine; and making a related technical amendment to avoid changing the penalties for failing to make payments into an employee benefit fund." He noted the sponsor of the bill was on his way to the meeting and that the committee would take a brief recess at 3:58 p.m. CHAIRMAN KOTT Chairman Kott called the meeting back to order at 4:02 p.m. He said there is an updated zero fiscal note the committee members should have. REPRESENTATIVE AL VEZEY, sponsor of HB 311, said he didn't have many more comments to add in addition to what he said at the previous meeting on the bill, except that he has an update on some legislation in other states. He said other states that have an eight hour underground law includes Idaho, which the Idaho Senate voted to repeal their law about ten days ago. The bill is now before the House and passage is expected in the next week or two. Representative Vezey referred to the state of Nevada and said they had an eight hour law, but repealed it in 1993. They now allow work in excess of eight hours with no limit stated, but it must be by a majority vote of the workers concurring. In 1995, California repealed their law. They had an eight hour law with a provision for a waiver. It was a complex law and was taken to federal court and the court threw the law out on the grounds that it was a violation of the National Labor Relations Act. California came back in 1995, and passed a law which allows up to 12 hours a day. He noted that law went into effect in 1996. Representative Vezey said Arizona has an eight hour day mine law and has approximately four underground mines. Nobody wants to change the laws in Arizona. He noted the mines in Arizona run three eight hour shifts. Representative Vezey said Montana has an eight hour a day mine law and there are two underground mines there. They work 10 or 12 hour shifts and they just ignore the law. Oregon has an eight hour mine law and they have no underground mining there. [End of tape...] TAPE 96-8, SIDE B Number 001 REPRESENTATIVE VEZEY named the ten leading states in underground mining in terms of economic activity, Kentucky, West Virginia, Virginia, Oklahoma, Tennessee, Illinois, Ohio, Colorado, Alabama and Utah. He pointed out that in Colorado, you have to apply to work more than eight hours a day. In Utah you get a permit for working more than an eight hour day. The others have no restrictions. Representative Vezey referred to underground mineral mines and said you have Nevada, Colorado, California, Arizona, Idaho, Montana, New Mexico, Alaska, Texas and Washington. Number 061 CHAIRMAN KOTT noted that the committee has visited the A-J mine in Juneau and got a little bit of a look at what goes on. He said he understands there is another tour being scheduled for March 1, and it will be about a five hour tour. Number 095 DON ETHERIDGE, Alaska District Council of Laborers, came before the committee to testify on HB 311. He said his organization is attempting to work out an agreement with the mining industry. Meetings are scheduled for February 26 and 27, during their national AFL-CIO convention. At that time his organization will come up with an opinion. Currently, they are trying to work out an agreement as to whether they are opposed or if they can work out a compromise agreement with the mining industry. At that time, they will have a position. They currently don't have a set opinion. Number 138 REPRESENTATIVE ROKEBERG questioned whether Mr. Etheridge's organization represents any miners. MR. ETHERIDGE stated there are many laborers working in the underground mines. There are some who are working with contractors that are working subcontractors to mining companies. Number 178 REPRESENTATIVE SANDERS asked Mr. Etheridge if he has an idea as to how many underground mines there are that currently operating in Alaska. MR. ETHERIDGE indicated he didn't, but stated he is sure he could get the information to the committee. Number 193 REPRESENTATIVE VEZEY said you have Greens Creek. There is the Nix and Fork located near McGrath which is an underground mine that produces gold. There is Illinois Creek near Galena which will be an underground mine if it ever gets into production. He pointed out there is an unclassified number of underground placer mines. There may be about five or six which are very small and seasonal operations. REPRESENTATIVE SANDERS said if the bill were to pass, it would apply to all the underground mining in the state including placer mines. REPRESENTATIVE VEZEY said that is correct. Number 270 JOE THOMAS, Laborers Local 962, Fairbanks, was next to come before the committee. He informed the committee his union does have one contract with a placer miner in the Fairbanks area. They have contractors working along the lines of the development of the mines and not necessarily the underground work. Mr. Thomas said his concern is with the conditions and the safety of the workers in the mines. Whether they belong to unions or not is another question. Besides just changing the law, people need to look at the safety aspects of the mines. There are a lot of things that need to be taken into consideration when working underground such as the quality of the air. A lot of mining in this country, the smaller mines, is done during certain times of the year because of the whether conditions. Mr. Thomas said his organization is meeting with the industry to see if something can be worked out that would be acceptable to cause them to possibly support a change in the hours that are worked. He said he would like to know about what other states requirements are in that if they allow longer hours. Some states allow permits and the permit is based on the mine inspection that is done, how frequently it is done, the equipment used, the air quality, etc. Mr. Thomas indicated he has had brief conversations with people, particularly those who represent mines, and they are very careful in the writing of their contract to ensure the safety aspects. Number 380 CHAIRMAN KOTT asked if there has been studies that looked at the physiological effects on individuals that have worked in mines. MR. THOMAS explained he has spoke to some people and they have told him that the aspect of working underground as it compares with working above ground, eight hours is not necessarily eight hours. When you're underground, time seems to be a different element. He noted mines are operated in different fashions. Number 442 REPRESENTATIVE ROKEBERG referred to tunneling and asked if tunneling activities are done under the auspices of a laborer union. MR. THOMAS said Snettisham was built that way and some of the dams in Southeast Alaska were also done that way such as Greens Creek and Bradley Lake. REPRESENTATIVE ROKEBERG questioned whether most of the people involved in tunneling are in a labor union. MR. THOMAS clarified in the construction and labor unions, but not all would be. Representative Rokeberg asked Mr. Thomas if his union objects to working more than eight hours a day if the work occurs on the surface. Mr. Thomas indicated they normally don't object. REPRESENTATIVE ROKEBERG asked Mr. Thomas if they have surveyed the underground miners regarding the issue. MR. THOMAS said he has and most of the people he has spoke with have the same concern, it depends on the condition of the mine and how responsive the owner is to the safety questions that arise. Some of the people he spoke to won't work for some people, simply because they don't pay any attention to safety, lighting and air being the big items. Representative Rokeberg said Mr. Thomas' answer seems to imply that there are operations in the state that may be unsafe. Mr. Thomas said there are places he wouldn't go. REPRESENTATIVE KUBINA referred to Section C and said rather than repealing those three sections of the law to include an exemption, those sections could be waived through a collective bargaining agreement. That way it would be left open for the owners of the mines to work with their employees on the things that are being addressed, rather than repealing it outright. Number 583 REPRESENTATIVE PORTER said he'd prefer to repeal the whole section and let labor and management work out their agreements. He suggested taking labor agreements totally out of statute. REPRESENTATIVE ELTON said he isn't sure what Representative Porter said. REPRESENTATIVE PORTER said it is his understanding that the tunneling at Snettisham does not have a restriction of eight hours and as far as he knows, either they haven't seen fit to use ten hours or they have and it hasn't been a problem. MR. THOMAS explained the employees did work longer hours. They did it under a union agreement. Therefore, the union was able to negotiate the conditions that the people would work. REPRESENTATIVE PORTER again stated he doesn't like to see these types of things in statute. He thinks the process works just fine between labor and management until the legislature gets involved. REPRESENTATIVE ELTON said he agrees with Representative Porter. As long as the legislature doesn't get in to position where the statutes are being repealed and then there is no forum under which to come to those mutually beneficial type of agreements. If the legislature repeals the statutes and doesn't provide for that alternative forum, he would have some concern. There wouldn't be an even playing field as there wouldn't be the forum in which the working conditions could be discussed. Number 696 REPRESENTATIVE ROKEBERG said the committee's discussion makes an assumption that there will be a collective bargaining agreement in place and it doesn't provide for a nonunion shop operation. That would be the need for having a statute. REPRESENTATIVE ELTON said if there is no bargaining agreement, the hours would be limited to eight hours underground. The statute would provide that is the maximum amount of hours unless the parties are operating under a collective bargaining agreement. Number 741 REPRESENTATIVE PORTER referred to the federal FLSA laws and said if this statute wasn't in place, wouldn't that require an exception for a ten hour day. MR. THOMAS said he could say specifically, but there is a federal mine person in Juneau who would better be able to answer the question. CHAIRMAN KOTT closed the public hearing HB 311 and announced the bill would be held.
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