Legislature(1995 - 1996)

05/09/1996 02:07 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            JOINT SENATE AND HOUSE LABOR & COMMERCE                            
                      STANDING COMMITTEE                                       
                          May 9, 1996                                          
                           2:07 p.m.                                           
                                                                               
                                                                               
  SENATE MEMBERS PRESENT                                                       
                                                                               
 Senator Tim Kelly, Chair                                                      
 Senator John Torgerson, Vice Chair                                            
                                                                               
  SENATE MEMBERS ABSENT                                                        
                                                                               
 Senator Mike Miller                                                           
 Senator Jim Duncan                                                            
 Senator Judy Salo                                                             
                                                                               
  HOUSE MEMBERS PRESENT                                                        
                                                                               
 Representative Pete Kott, Chair                                               
 Representative Norman Rokeberg, Vice Chair                                    
 Representative Brian Porter                                                   
 Representative Jerry Sanders                                                  
 Representative Beverly Masek                                                  
 Representative Kim Elton                                                      
                                                                               
  HOUSE MEMBERS ABSENT                                                         
                                                                               
 Representative Gene Kubina                                                    
                                                                               
  ALSO IN ATTENDANCE                                                           
                                                                               
 Senator Loren Leman                                                           
 Senator Robin Taylor                                                          
 Representative Gail Phillips, Speaker of the House                            
 Representative Bill Williams                                                  
 Representative Caren Robinson                                                 
                                                                               
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
     - MARINE HIGHWAY LABOR CONTRACTS; SERVICE DISRUPTION OF MAY 8             
                                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 GARY HAYDEN, Director                                                         
 Marine Highway System                                                         
 Department of Transportation & Public Facilities                              
 3132 Channel Drive                                                            
 Juneau, Alaska  99801-7898                                                    
 Telephone:  (907) 465-8827                                                    
 POSITION STATEMENT:  Presented an overview of the Marine Highway              
                      System and the service disruption of May 8               
                                                                               
                                                                               
 JANET PARKER, Deputy Director                                                 
 Division of Retirement & Benefits                                             
 Department of Administration                                                  
 P.O. Box 110203                                                               
 Juneau, alaska  99811-0203                                                    
 Telephone:  (907) 465-4470                                                    
 POSITION STATEMENT:  Explained PERS Retirement System                         
                                                                               
 MIA DOYLE                                                                     
 Labor Relations Section                                                       
 Department of Administration                                                  
 P.O. Box 110220                                                               
 Juneau, Alaska  99811-0220                                                    
 Telephone:  (907) 465-4404                                                    
 POSITION STATEMENT:  Explained audit completed by the Office                  
                      of Management and Budget                                 
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 96-44, SIDE A                                                            
 Number 001                                                                    
                                                                               
 The Joint Meeting of the Senate and House Labor & Commerce                    
 Committees was called to order by Chairman Tim Kelly at 2:07 p.m.             
 Due to a tape machine malfunction, Chairman Kelly briefly recessed            
 the meeting.                                                                  
                                                                               
 CHAIRMAN KELLY called the meeting back to order and noted that each           
 committee member had before them a copy of the Research Report,               
 Alaska Marine Highway System, Comparative Compensation Analysis               
 prepared by the Office of Management and Budget, dated October                
 1994.  Chairman Kelly asked Gary Hayden to begin his statement.               
                                                                               
 Number 026                                                                    
                                                                               
 GARY HAYDEN, Director, Marine Transportation System, Department of            
 Transportation & Public Facilities, prefaced his statement by                 
 saying the Alaska Marine Highway System, he and his staff would               
 like to cooperate fully with the committee.  He noted that he has             
 a tendency to be somewhat factual and short and doesn't give long             
 explanations.  He asked committee members not to misconstrue that             
 other than maybe a bit of cautiousness on his part, and invited               
 questions from the committee.                                                 
                                                                               
                                                                               
 [THE BALANCE OF THE MEETING WAS TRANSCRIBED VERBATIM]                         
                                                                               
 MR. HAYDEN:                                                                   
  To begin, yesterday at approximately 12:40, the Port Captain                 
 notified me that he had a problem with filling out the crew on the            
 Malaspina.  The Malaspina was scheduled to leave Auke Bay at 11:45,           
 so at that point it was delayed approximately one hour.  The                  
 Malaspina was scheduled to go from Auke Bay to Haines.  It had 146            
 passengers on board, they had 81 vehicles and they had a crew of 47           
 people.  At 11:30, the captain of the vessel called the port                  
 captain and reported that five employees had just walked off the              
 vessel reporting that they were sick and it appeared to him that it           
 was a work walk-out.  We proceeded to try to fill out the                     
 complement of crew.  In this particular instance, manning the ship            
 is dictated primarily by our Coast Guard license.  On the                     
 Malaspina, we are required to have 26 employees with lifeboat                 
 certificates and in addition to that, our certificate requires that           
 there be a complement of other designated crewmen.  And of those,             
 there are to be four able-bodied seamen, one chief engineer, two              
 assistant engineers and two oilers.  At the time that the employees           
 became ill and left the vessel, we were short two able-bodied                 
 seamen, one junior engineer and two oilers.  We upgraded people               
 from the Stewards Department who could meet the requirements, who             
 had a card to be able-bodied seamen.  So, we solved the two able-             
 bodied seamen requirement and brought the complement back up to               
 four.  However, that left us short in the engineering in that we              
 had to find oilers.  An oiler is an endorsement that's on the                 
 employee's Z-Card that he gets from the Coast Guard saying that he            
 is qualified to act as an oiler or work in the oiler capacity.  We            
 -- our dispatch group - there are three employees who work dispatch           
 - as it turned out this was just about the lunch hour, so we had to           
 track them down, put people to work and we found an oiler who had             
 just come in and applied for a job, so we hired one person right              
 off the street, took him out of class at Centennial Hall and drove            
 him to Auke Bay.  The other oiler we contacted, found he was ready            
 to go to work lives in Haines, we may have contacted him about                
 12:45, almost 1:00.  The person caught the next available flight              
 from Haines.  We picked him up at the airport and drove him out to            
 the ship.  Then we were still hunting for a junior engineer at that           
 point.  We found one who could act as a relief on the Malaspina,              
 had previously worked on the Malaspina, and we dispatched that                
 person to the ship.  In effect, within several hours we were able             
 to round up enough crew and the vessel left Auke Bay, heading                 
 north, at approximately 3:40.  So, we had almost a four hour delay            
 in the sailing of the vessel.                                                 
                                                                               
 Number 074                                                                    
                                                                               
 MR. HAYDEN:                                                                   
  At that point, we began trying -- our number 1 mission at that               
 point was to get the vessel underway, get the crew complement going           
 and then figure out what happened after that.  So after that, we              
 began assembling an investigation.  We asked -- one of the first              
 questions asked was:  Was this related to legislative action or the           
 latest legislation inaction of the previous day?  And all                     
 indications were people were not saying that it was directly                  
 related; however, it was very unusual that we had five employees              
 get off the vessel 15 minutes before sailing.  Two of the employees           
 reported back pains; three of the employees report flu-like                   
 symptoms.  Two of the employees had been on the vessel since 10:30            
 - we had a crew change that day and the other three employees had             
 been on for about a day and they got on in Ketchikan the previous             
 day.  We checked and the employees had filled out an unfit for duty           
 slip and turned it in to the purser.  They followed the proper                
 procedure that they were to do on the walking off the vessel.  We             
 have a procedure at Marine Highways that if a vessel is -- if an              
 employee is sick, they are to get an unfit for duty slip from a               
 doctor.  I have not seen those at this point from these employees.            
 We'll be asking them to give us that.  Because of the unusual                 
 sequence of events and the significant delaying of the vessel, the            
 inconvenience to the public and just the circumstances surrounding            
 this, we chose yesterday afternoon to put the employees on leave              
 without pay, pending an investigation.  We sent them a letter which           
 they should have received today and gave a copy to the union today,           
 stated the reasons why and we also laid out what the process would            
 be for the investigation, reiterated some of the employees' rights            
 under the personnel rules for participation in the investigation              
 and any subsequent progressive disciplinary action.  So that                  
 brought us to today.   This morning we put together an                        
 investigation team and I believe -- I haven't had a chance to speak           
 with Mr. Cummings yet, but I believe we began our investigation               
 this morning.  We intended to -- three of the employees flew back             
 to Ketchikan yesterday, so we'll be traveling to Ketchikan tomorrow           
 afternoon to interview those people.                                          
                                                                               
 Number 120                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Questions?  Representative Porter.                                           
                                                                               
 Number 122                                                                    
                                                                               
 REPRESENTATIVE BRIAN PORTER:                                                  
  Thank you, Mr. Chairman.  In looking at the IBU labor                        
 agreements, there's a provision that -- I'm taking it a little bit            
 out of context, but it basically provides grounds for immediate               
 discharge, leaving the vessel without being properly relieved or              
 without permission.  Were these employees IBU members or were                 
 they...                                                                       
                                                                               
 MR. HAYDEN:                                                                   
  Yes, they were all IBU members.                                              
 Number 130                                                                    
                                                                               
 REPRESENTATIVE PORTER:                                                        
  If the investigation establishes that this was a work stoppage               
 as opposed to five illnesses, would you interpret that provision to           
 mean that these employees would be discharged?                                
                                                                               
 MR. HAYDEN:                                                                   
  That's definitely one of the options for the progressive                     
 disciplinary action.  In our letter to the employees that was                 
 carbon copied to the union, we set out three reasons for our                  
 suspension and I believe each one of those were supported.                    
 However, under the terms of that contract, I believe that the                 
 employees at the time that they filled out the unfit for duty slip            
 followed the procedure that was laid out on the ship.  Now it's a             
 matter of whether or not that was an accurate statement, whether or           
 not the employees were sick or whether or not they walked off.                
                                                                               
 REPRESENTATIVE PORTER:                                                        
  Well one of the other provisions, again under -- shall be                    
 grounds for immediate discharge is falsifying records.  If the                
 investigation determines that this wasn't an illness but was a work           
 stoppage, wouldn't that be falsifying records?                                
                                                                               
 MR. HAYDEN:                                                                   
  Yes sir, it sure would.                                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Any questions about that particular incident?                                
                                                                               
 Number 149                                                                    
                                                                               
 REPRESENTATIVE PETE KOTT:                                                     
  Mr. Chairman -- Gary, you mentioned these five individuals                   
 were placed on administrative leave without pay.                              
                                                                               
 MR. HAYDEN:                                                                   
  That's correct.                                                              
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Do they have available as an option to file an annual leave or               
 a sick leave slip that would in fact make them whole?                         
                                                                               
 MR. HAYDEN:                                                                   
  No, they do not.  Not under the suspension that we gave them.                
 One of the employees did come into the office yesterday and filed             
 for a draw on previously earned wages from a voyage that had                  
 already been taken place that he hadn't been paid for and we paid             
 him $450.                                                                     
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, how much did these five employees make last year, for                  
 example, in 1995?                                                             
                                                                               
 MR. HAYDEN:                                                                   
  Okay, let me flip through some paper here.  I just ran some                  
 numbers hurriedly this morning and I can give you -- I'll just call           
 them ABs for able-bodied seamen, employee A, B, C, D.  Employee A,            
 who was an able-bodied seaman received compensation of $48,254 and            
 I figure a benefit package of 37.1 percent; that would bring that             
 employee up to $66,156.  The able-bodied seamen position B earned             
 $30,968, with benefits is $42,458.  The oiler position was $42,601            
 and with benefits $58,405.  The oiler employee D earned $42,132 and           
 with benefits $57,763.  The oiler employee E received $25,489 and             
 with benefits that comes to $34,946.                                          
                                                                               
 Number 183                                                                    
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Thank you, Mr. Chairman.  Gary, were these employees employed                
 year-round last year?  The numbers that you are conveying to us,              
 there seems to be some substantial difference in some of them.  I'm           
 just wondering if they were employed all year.                                
                                                                               
 MR. HAYDEN:                                                                   
  Employee A worked 1,256 hours; Employee B, 1,416; C was 1,838;               
 D was 1,844; and E was 1,084.  So it would appear that they had               
 worked most of the year.  Differences come from the type of pay               
 that they receive....                                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  Thirty-two weeks.                                                            
                                                                               
 MR. HAYDEN:                                                                   
  There's regular time, there's overtime, vacation, sick,                      
 there's holidays with two classifications of holiday pay - regular            
 pay and overtime - there's early callback, there's minimum                    
 guarantees, there's unearned wages, there's split wages, there's              
 travel, and I'll go into those compensation packages, plus uniform            
 allowance.                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Before we do that - Senator Leman.                                           
                                                                               
 Number 205                                                                    
                                                                               
 SENATOR LOREN LEMAN:                                                          
  Thank you, Mr. Chairman.  Gary, under normal spread of hours,                
 I think full time employment is 2,088 hours for a year and none of            
 these were at that.  What is considered full time employment for              
 the Marine Highway System for these type of employees?  How many              
 hours a year would be considered full time?                                   
 MR. HAYDEN:                                                                   
  Senator Leman, I don't have a general number on that.  Each                  
 contract -- to back up three steps.  There are seven unions that              
 the Marine Highway System operates with; four of those are on                 
 shore, three of them are on the ships.  On the ships, each contract           
 is unique and different and has different rates.  Some people in              
 the Southeast work a week on and a week off and the people in                 
 Southwest work a month on and a month off or they may work four               
 months on, four months off and leave accruals are different.                  
 There's a two-tiered leave accrual rate for employees hired after             
 a certain date, so it's difficult for me to generalize as to what             
 the annual number of hours for a full time employee is.  I think              
 we'd almost have to look at positions either in Southeast or in the           
 Southwest.                                                                    
                                                                               
 SENATOR LEMAN:                                                                
  In your opinion, would any of these be full time employees?                  
                                                                               
 MR. HAYDEN:                                                                   
  Yes.                                                                         
                                                                               
 SENATOR LEMAN:                                                                
  Especially the ones who are at 1,800 hours?                                  
                                                                               
 MR. HAYDEN:                                                                   
  Yes.                                                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  Chairman Kott.                                                               
                                                                               
 Number 225                                                                    
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Thank you, Mr. Chairman.  Gary, were any of these individuals                
 involved in this incident non-Alaskans?                                       
                                                                               
 MR. HAYDEN:                                                                   
  It's my understanding that one of the people had a Bellingham                
 mailing address; however, I do have a contact for that person here            
 in Juneau.  So, one of the employees, I learned this morning, I               
 guess I have a question as to whether he's an Alaskan resident or             
 Bellingham resident.                                                          
                                                                               
 Number 231                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, what about an oversight of the wage and salary                         
 structure, and vacation and benefit policies in the Alaska ferry              
 system.                                                                       
                                                                               
 MR. HAYDEN:                                                                   
  Would you like an overview of that?  Okay.  Can I invite Bruce               
 Cummings to the table with me?  As I said it's going to vary                  
 depending on which union you want to talk about -- IBU contract?              
                                                                               
 CHAIRMAN KELLY:                                                               
  Well, I guess all the union contracts on the ferry system.                   
 Did you bring a list of the amount of money made by each person in            
 the ferry system last year?                                                   
                                                                               
 MR. HAYDEN:                                                                   
  We paid out $50 million plus in personal service costs on the                
 Marine Highway System of which about 11 was on shore, so vessel               
 employees earned approximately $39 million in wages.                          
                                                                               
 CHAIRMAN KELLY:                                                               
  What are your highest employees and what kind of money do they               
 make?  What did your top five employees make last year?                       
                                                                               
 MR. HAYDEN:                                                                   
  I have a run of average cost by position and I can give you --               
 let's talk about average cost by position and then I can go look at           
 another spreadsheet that's a run by employees.  The average                   
 earnings of a master was $90,000 plus there's some overtime in                
 addition to that.  I roughly looked at a run of overtime and took             
 average full time equivalents who were getting paid overtime and              
 came up with about $99,000 for an average of a master.  Now that              
 varies all the way down to a -- let's see, it looks like a mess               
 steward would be the lowest employee in the IBU - average earnings            
 there were $44,883 and overtime of another - $9,655 for overtime              
 average for a mess steward.                                                   
                                                                               
 REPRESENTATIVE ROKEBERG:                                                      
  Is that fully loaded with benefits?                                          
                                                                               
 MR. HAYDEN:                                                                   
  Yes, that includes benefits                                                  
                                                                               
 CHAIRMAN KELLY:                                                               
  Senator Torgerson.                                                           
                                                                               
 SENATOR JOHN TORGERSON:                                                       
  That was my question.                                                        
                                                                               
 REPRESENTATIVE ROKEBERG:                                                      
  And the COLD, too?                                                           
                                                                               
 MR. HAYDEN:                                                                   
  Yes.                                                                         
                                                                               
 Number 268                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Then the range of onboard ferry workers is between $52,000 and               
 $99,000?                                                                      
                                                                               
 MR. HAYDEN:                                                                   
  On an average.  When we go look at individual different                      
 employees that number definitely changes.  There are people out               
 there making a lot less than what the average I quoted you was.               
 There are people who are working seasonally who make less than                
 $25,000.                                                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Representative Rokeberg.                                                     
                                                                               
 REPRESENTATIVE ROKEBERG:                                                      
  Thank you, Mr. Chairman.  Sir, could you - with those two top                
 ranges, could we go back to Senator Leman's question regarding the            
 number of hours for those two positions then?                                 
                                                                               
 MR. HAYDEN:                                                                   
  I had 33,590 hours worked by masters, approximately 15.4                     
 people working that, so that's 2,181 hours for a master, excluding            
 the overtime.  Masters only receive overtime when they are in the             
 shipyard.  They receive other compensation - nonwatch pay in terms            
 of the contract.  In the Stewards Department, there were 168,386              
 hours worked by 77 employees, so that's again 21,886.                         
                                                                               
 CHAIRMAN KELLY:                                                               
  I'm having a little trouble reconciling these numbers because                
 the five folks that were involved in that incident yesterday were             
 all making in the 40s and yet you're saying the lowest paid job is            
 $44,080 plus $9,000 overtime, so I'm having trouble reconciling in            
 my mind.                                                                      
                                                                               
 MR. HAYDEN:                                                                   
  Senator, the numbers that I just gave you between the 99 and                 
 59 are averaged of all the hours worked and the salaries paid out.            
 So that's an average, that's not a spread.  That's an average of              
 the numbers.  And then the numbers for the employees were the                 
 actual I pointed out.  Let me look to see if I brought my                     
 spreadsheet that had all of the employee's compensation for                   
 everybody - which I don't think that I did -- I didn't bring the              
 information that has all of the employees' wages and...                       
                                                                               
 CHAIRMAN KELLY:                                                               
  So is it a fair statement to say that the jobs on board the                  
 Alaska Ferry Highway System pay between $59,000 and $99,000 a year?           
                                                                               
 MR. HAYDEN:                                                                   
  No, sir.  They pay between $25,000 and $109,000 depending on                 
 what position....                                                             
 CHAIRMAN KELLY:                                                               
  $25,000 to $99,000.                                                          
                                                                               
 MR. HAYDEN:                                                                   
  $109,000.                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  $109,000.                                                                    
                                                                               
 MR. HAYDEN:                                                                   
  Some masters make more than what this average I quoted you                   
 was.                                                                          
                                                                               
 CHAIRMAN KELLY:                                                               
  Who only gets $25,000 a year full time?                                      
                                                                               
 MR. HAYDEN:                                                                   
  Oh, those full time equivalents?  Those are people who are                   
 working seasonal jobs, not full time working year-round.                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Full time, year-round jobs - what's the range?                               
                                                                               
 MR. HAYDEN:                                                                   
  Okay, probably $35,000 to a high range of $110,000.                          
                                                                               
 REPRESENTATIVE PORTER:                                                        
  $110,000?                                                                    
                                                                               
 MR. HAYDEN:                                                                   
  Yes.                                                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay, let's talk about shifts for your various workers.  How                 
 are they scheduled, how do they work, that type of thing?                     
                                                                               
 MR. HAYDEN:                                                                   
  Okay, a junior engineer works - 12 hours is one day's                        
 worth of work.  They stand watch and watch is divided up into 6               
 hours on and then 6 hours off.  So, within a 24-hour day, they work           
 12 hours.  They work that for 7 consecutive days.  They work a                
 minimum of 84 hours.  So, a week's worth of work is 7-12 hour days.           
                                                                               
 CHAIRMAN KELLY:                                                               
  Are they paid hourly or do they get overtime after....                       
                                                                               
 MR. HAYDEN:                                                                   
  They are paid hourly and they receive overtime after 84 hours.               
                                                                               
                                                                               
 CHAIRMAN KELLY:                                                               
  After 84 hours.                                                              
                                                                               
 MR. HAYDEN:                                                                   
  After 84 hours - or excuse me, or if they get -- work more                   
 than 12 hours within one 24-hour period, then they get overtime for           
 that.  If they're off of watch, like an AB is off his 6 hours and             
 gets called out to tie up the vessel, he gets a minimum call out of           
 2 hours.                                                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay, so they work a week and they're off a week.  On the week               
 that they're working, they're on board the ships 24 hours a day.              
                                                                               
 MR. HAYDEN:                                                                   
  That's correct.                                                              
                                                                               
 Number 330                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Do they pay room and board?  Do they pay for their own meals                 
 or how is that handled?                                                       
                                                                               
 MR. HAYDEN:                                                                   
  No sir, under the Jones Act, mariners are to receive food -                  
 we're to feed them.  I looked up last summer when we were having              
 these discussions and we're to provide them a minimum of 2,000                
 calories a day.  It's spelled out in federal law.  So no, the                 
 employee does not pay for that; the Marine Highway System provides            
 room and board.                                                               
                                                                               
 CHAIRMAN KELLY:                                                               
  Vacation.  How much vacation time do they get and do they have               
 also sick leave separate from vacation?                                       
                                                                               
 MR. HAYDEN:                                                                   
  There's a two-tiered system.  Let's just talk about IBU                      
 employees (indisc.-paper shuffling).  Okay, for employees who are             
 under the most recent schedule, it varies by the years of service.            
 For the employee who has one to two years, they get 84 hours...               
                                                                               
 CHAIRMAN KELLY:                                                               
  I'm sorry, Gary, they get how many?                                          
                                                                               
 MR. HAYDEN:                                                                   
  They get 84 hours, so they get one week of annual leave.  That               
 varies up to -- there's a step of 2 to 3; 3 to 4; 4 to 5; and then            
 5 or more.  Those employees who receive five or more years of                 
 service - of continuous service - would receive 420 hours, which is           
 equivalent to 5 weeks.  Now, those employees who were hired prior             
 to April 1, 1985, have a different scale.  It starts off with the             
 employee working 1 to 2 at 84 hours, progresses all the way to 10             
 on yearly increments, and once it's at 10 or more, they receive 588           
 hours which is equivalent to 7 weeks.                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  So, if you've worked for the ferry system for about 11 years,                
 you get how many weeks after 10 years?                                        
                                                                               
 MR. HAYDEN:                                                                   
  If you went to work prior to 1985, you receive 7 weeks of                    
 annual leave.  If you were hired after that, you receive 5 weeks of           
 annual leave.                                                                 
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay.  How is your sick leave structured?                                    
                                                                               
 MR. HAYDEN:                                                                   
  IBU employees receive 15 hours a month of sick leave, so                     
 that's just a little over a day.  Mr. Cummings pointed out to me              
 that's a day and a quarter which is comparable to shore side                  
 employee accruals in the other bargaining units.                              
                                                                               
 Number 364                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  How does that work in the real world out there -- somebody                   
 gets sick on board, do they just miss a shift or....                          
                                                                               
 MR. HAYDEN:                                                                   
  That has recently changed.  In January of this year we had an                
 arbitrator's decision that said that the employee received unearned           
 wages and we were not entitled to dock his sick leave.  Prior to              
 that, we had been -- when an employee became ill and was unable to            
 complete the 84 hours - the voyage - and they walked off the ship             
 due to illness - we put them off - we had been charging their sick            
 leave bank and making that 84-hour week whole.  However, we had an            
 arbitrator's decision in January that said that we were doing it              
 incorrectly in that we could not charge their sick leave; that we             
 had to pay them for the rest of the voyage.  So currently you can             
 become ill on the ship and you get a minimum guarantee of 84 hours.           
                                                                               
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, what about retirement systems for the....  Are all those               
 contracts the same concerning leave?                                          
                                                                               
 MR. HAYDEN:                                                                   
  No, there's different leave scales for the different unions.                 
 They're fairly comparable to each other but there's a different               
 twist in each one.                                                            
                                                                               
 CHAIRMAN KELLY:                                                               
  Pension plans.                                                               
                                                                               
 MR. HAYDEN:                                                                   
  Marine Engineers Beneficial Association (MEBA) have their own                
 pension plan that's part of their national organization.                      
 Inlandboatmen's Union of the Pacific (IBU) and Masters, Mates and             
 Pilots (MMP) are on the state retirement system.                              
                                                                               
 CHAIRMAN KELLY:                                                               
  Is that the PERS system?                                                     
                                                                               
 MR. HAYDEN:                                                                   
  Yes.                                                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  How much do we contribute to the MEBA system - the equivalent                
 of what we contribute to the state system?  Or is it more, is it              
 less?                                                                         
                                                                               
 MR. HAYDEN:                                                                   
  I don't know the answer to that - can you give me a second.                  
 Under Rule 28 - 2802, the state pays $6.50 per day worked towards             
 their retirement.                                                             
                                                                               
 CHAIRMAN KELLY:                                                               
  Pardon me, I missed that.                                                    
                                                                               
 MR. HAYDEN:                                                                   
  Six dollars and fifty cents a day which is less, I believe,                  
 than the PERS contribution.                                                   
                                                                               
 CHAIRMAN KELLY:                                                               
  And under the PERS system, what is a normal retirement under                 
 the PERS system that they are authorized to have?  Maybe you can              
 explain the PERS system for us very briefly.                                  
                                                                               
 MR. HAYDEN:                                                                   
  Senator, I don't believe I'm qualified to explain the PERS                   
 retirement system.                                                            
                                                                               
 CHAIRMAN KELLY:                                                               
  Is Janet here?                                                               
                                                                               
 UNIDENTIFIED SPEAKER:                                                         
  Yes.                                                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  Janet, will you join us please and explain the PERS system to                
 those who might not be aware of what's in it.                                 
                                                                               
 Number 398                                                                    
                                                                               
 JANET PARKER, Deputy Director, Division of Retirement & Benefits,             
 Department of Administration:                                                 
  Under the PERS system, there are two tiers - tier one and tier               
 two currently.  Members of the IBU and MMP would be in either one             
 of those tiers.  The normal retirement for tier one is at age 55 or           
 at any age with 30 years of service, but service for IBU started in           
 1983 and service for Masters, Mates and Pilots didn't start until             
 1986, so no one would fall under those rules.  Their early                    
 retirement would be at age 50 in tier one, their benefit formula is           
 the same in both tiers - it's 2 percent for the first 10 years, 2             
 1/4 percent for the second 10 years, and 2 l/2 percent for all                
 years over 20.                                                                
                                                                               
 CHAIRMAN KELLY:                                                               
  And those are percentages of what?                                           
                                                                               
 MS. PARKER:                                                                   
  Of their average monthly compensation.  So we would average                  
 their three high years.  In tier one, major medical insurance is              
 provided free of charge to all retirees and their dependents.  In             
 both tiers, vesting is at five years.  In tier one, all retirees              
 receive a cost of living allowance when they are residing within              
 the state and that's equal to 10 percent of your benefit or $50,              
 whichever is greater.  We also grant post-retirement pension                  
 adjustments in tier one.  They have a choice -- they don't have a             
 choice, we calculate ad hoc if it's being granted, which is a 4               
 percent compounded or they have the choice of an automatic PRPA               
 which is granted based upon the Consumer Price Index (CPI) change             
 in the prior year.                                                            
                                                                               
 Number 420                                                                    
                                                                               
 MS. PARKER:                                                                   
  In tier two, normal retirement age shifts from 55 to age 60.                 
 The early retirement also shifts up from 50 to 55.  With major                
 medical insurance, the retirement system only provides coverage to            
 disabilitants and retirees over the age of 65.  If you are under              
 the age of 65 but over 60, the retirement system will pay one-half            
 the premium and you have to pay the other half.  If you are under             
 the age of 60, you have to pay the full premium if you want to have           
 insurance.  The cost of living allowance for tier two -- that's the           
 allowance you get for living within the state of Alaska, is only              
 available in tier two to disabilitants and retirees 65 or older.              
 The calculation for the automatic PRPA is 75 percent of the CPI in            
 the prior year for people who are disabled and those who are 65 and           
 over.  If you are under 65 but over 60, you receive 50 percent of             
 the CPI and you also receive that if you've been retired for five             
 or more years.  And those are the difference between the two                  
 systems.  Everything else is the same.                                        
 Number 433                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay, the salary ranges in the Marine Highway System range                   
 between $35,000 and $110,000 a year, so let's take something in the           
 middle.  What would somebody that was making $75,000 a year, that             
 worked 25 years receive in terms of a retirement?                             
                                                                               
 MS. PARKER:                                                                   
  How long had they worked?                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Twenty-five years.                                                           
                                                                               
 MS. PARKER:                                                                   
  Twenty-five years.  Three thousand, one hundred, twenty five                 
 dollars and I'm assuming that only because most of them have come             
 into the system since 1986 and the multiplier is only applied to              
 service earned after 1986.  So...                                             
                                                                               
 CHAIRMAN KELLY:                                                               
  Is that a tier one benefit or a tier two benefit you just                    
 calculated?                                                                   
                                                                               
 MS. PARKER:                                                                   
  It's both.  Tier one and tier two have the same benefit                      
 formula.                                                                      
                                                                               
 Number 448                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Any other questions about the PERS system?  Thank you, Janet.                
 Appreciate you being here.                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, we've got an audit here done by the Office of Management               
 & Budget (OMB) and in it, it says that the Alaska Marine Highway              
 employees are paid more than employees of the Canadian ferry system           
 and the Washington ferry system -- considerable more.  How do we              
 justify that?                                                                 
                                                                               
 MR. HAYDEN:                                                                   
  Senator, I have not read that document.  I'd like to call to                 
 the table a representative from the Department of Administration              
 which I believe was involved in that....                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay.                                                                        
                                                                               
 Number 453                                                                    
                                                                               
 MIA DOYLE, Labor Relations, Department of Administration:                     
  I know a little about it, Senator.  The document that you're                 
 referring to was actually created during the Hickel Administration            
 by somebody working in the Office of Management & Budget who did a            
 salary survey of the various ferry systems and tried as accurately            
 as possible to compare the systems.  There's a number of                      
 difficulties involved because of the difference in working                    
 conditions, the difference between Canadian and American dollars,             
 the difference between their retirement and health benefits, et               
 cetera.  I think that that individual tried to make adjustments for           
 that and those are certainly reflected in this document.  I think             
 it's fair to say or to let you know, that we have discussed this at           
 the bargaining table and the unions all disagree with the                     
 conclusions.  I think the document speaks for itself regarding its            
 -- its application that's another matter.                                     
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, something occurred to me.  The supplemental benefit                    
 system, do state ferry workers partake in that program?                       
                                                                               
 MR. HAYDEN:                                                                   
  SBS?  Yes, they do.                                                          
                                                                               
 CHAIRMAN KELLY:                                                               
  All of them?                                                                 
                                                                               
 MR. HAYDEN:                                                                   
  The MEBA employees do not.                                                   
                                                                               
 CHAIRMAN KELLY:                                                               
  MEBA doesn't?                                                                
                                                                               
 MR. HAYDEN:                                                                   
  No.                                                                          
                                                                               
 CHAIRMAN KELLY:                                                               
  Are they then under social security instead?                                 
                                                                               
 MR. HAYDEN:                                                                   
  Well, they have their own retirement system and I'm not sure                 
 what that package is under MEBA but we do not pay into social                 
 security for them, nor do we pay into SBS.                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Do you have available some of the amounts of money that the                  
 employees have in these SBS accounts?                                         
                                                                               
 MR. HAYDEN:                                                                   
  No, I didn't bring that with me.  I'd be happy to supply that                
 to the committee.                                                             
                                                                               
 CHAIRMAN KELLY:  ....                                                         
  what some of these accounts are up to now -- these SBS                       
 accounts?                                                                     
                                                                               
 MR. HAYDEN:                                                                   
  I've never looked at what those accounts are running.                        
                                                                               
 MS. DOYLE:                                                                    
  I would imagine it could be gotten at some point.  I don't                   
 know that there's a standard report run.                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Could you get that information to us -- we don't need to know                
 their names certainly, but what some of the highest accounts are              
 running.                                                                      
                                                                               
 MR. HAYDEN:                                                                   
  Sure.                                                                        
                                                                               
 CHAIRMAN KELLY:                                                               
  Because these are personal accounts that when they retire from               
 the system they take out, correct?  It's a secondary pension fund,            
 but it's in lieu of social security.                                          
                                                                               
 MR. HAYDEN:                                                                   
  That's correct.  However, we....                                             
                                                                               
 Number 478                                                                    
                                                                               
 REPRESENTATIVE KIM ELTON:                                                     
  Thank you, Senator.  I guess the question that's a logical                   
 question to follow the question by the Chair is:  Would you expect            
 that those SBS accounts would be any larger for an IBU employee               
 than they would be for a general government employee?                         
                                                                               
 MR. HAYDEN:                                                                   
  No, I wouldn't expect those accounts to be any different than                
 shore side people.                                                            
                                                                               
 CHAIRMAN KELLY:                                                               
  Well, that's set into statute I believe, isn't it?  It's 6.18                
 percent the employer contributes, the employee contributes 6.18               
 percent - 13.36 percent....                                                   
                                                                               
 MS. DOYLE:                                                                    
  And I believe, if I'm not mistaken, after a certain a point,                 
 you can no longer contribute, is that correct?  So after you pass             
 that ceiling, you don't continue to add money to that.                        
                                                                               
 CHAIRMAN KELLY:                                                               
  What is the ceiling, Janet?                                                  
 MS. PARKER:  $62,600 I believe, for this year.                                
                                                                               
 CHAIRMAN KELLY:                                                               
  Senator Taylor has joined us.  Representative Williams and                   
 Speaker Phillips are here.  Senator Taylor.                                   
                                                                               
 Number 487                                                                    
                                                                               
 SENATOR ROBIN TAYLOR:                                                         
  Gary, the problem I find with the study that is being touted                 
 as a viable comparison is that many of the people, as I understand            
 it, that operate both the Washington State ferries - I know that              
 all of their people are day people and the people that operate the            
 Canadian ferries - almost all of them I think are also day people.            
 They go home each night, sleep in their own bed, get to go to their           
 kid's graduation -- I mean, our people don't do that.  All of our             
 people on all of our ferries are on there for a full week - 24                
 hours a day.  And so a proper comparison would probably be with the           
 tugboat fleet or the merchant mariner fleet where you're gone for             
 an extended period of time, especially those people working up in             
 the up to westward -- I've had calls from some of those people who            
 haven't been off a boat in six months.   So, I mean there's quite             
 a significant difference between the pay scale you're going to have           
 to pay to take somebody away from their home for an extended period           
 or the pay scale you'll have to give to somebody that goes home               
 everyday after a 10-hour shift.                                               
                                                                               
 MR. HAYDEN:                                                                   
  Senator, you're absolutely correct.  These are 24-hour, 7-day                
 a week jobs and as you pointed out, some of the lengths of voyages            
 in the Southwest are for multiple months.  So yes, there's a                  
 difference and in those respects the state of Washington ferry                
 fleet is not a comparable measure.  However, I'm not familiar with            
 how this study was done.                                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay.  The Chair recognizes Representative Robinson is also in               
 attendance.  Robin, did you have another question?                            
                                                                               
 SENATOR TAYLOR:                                                               
  No, thank you.  I just wanted to make that point.                            
                                                                               
 CHAIRMAN KELLY:                                                               
  Any further questions?  Representative Kott.                                 
                                                                               
 Number 502                                                                    
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Thank you, Mr. Chairman.  Gary, I want to go back to the                     
 compensation -- primarily looking at again the annual leave,                  
 vacation leave, as well as sick leave.  Now you ran the numbers and           
 I want to use just five weeks or above and multiply and the number            
 I come up with is 420 hours of annual leave and 180 hours of sick             
 leave and if we use the standard 8-hour work day, that amounts to             
 10 weeks in one and 4 1/2 weeks in the other for a total of about             
 15 weeks of annual/sick leave, if we were using an 8-hour day.  And           
 I understand we are not, in some cases.  But my question really is:           
 If these are hourly employees, or paid by the hour, is the option             
 to sell leave available to those employees as we currently have in            
 other settings?                                                               
                                                                               
 MR. HAYDEN:                                                                   
  Is the option to sell leave?  You mean cash in leave?                        
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Cash it in.                                                                  
                                                                               
 MR. HAYDEN:                                                                   
  Yes, I believe they can cash in up to 10 days annual leave....               
                                                                               
 MS. DOYLE:                                                                    
  I believe 84 hours for employees who have been with the system               
 for 10 years or longer, if I'm not mistaken.                                  
                                                                               
 MR. HAYDEN:                                                                   
  So, there's a limit on that just like there is on shore side.                
 However, I would point out that these are not 8-hour leave days;              
 these are 12-hour leave days.  For a week, you have to take leave             
 for 84 hours to be off for a week.  You don't take leave for 8                
 hours and then come back to work.  When you put in for leave, you             
 put in for leave for 84 hours.                                                
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Yes, I understand that.                                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, in the union contracts that are before the legislature                 
 (indisc.) 1.5 percent increase in funding, how much is that                   
 directly to the Alaska State ferry system?  What is the cost of the           
 union contract increase to the state ferry system that are                    
 currently being considered by the legislature?                                
                                                                               
 MR. HAYDEN:                                                                   
  The package that was negotiated last summer would cost $1.3                  
 million for `96 and `97 - the total of the two.  The `96 costs were           
 - the lump sum payments, I think was about $800,000 and then                  
 $470,000 for the `97; 1.4 was the actual number that came out                 
 instead of 1.5.  It was one - one-half of the CPI; the CPI turned             
 out to be less so.... But those two numbers is $1.3 million.                  
                                                                               
 CHAIRMAN KELLY:                                                               
  What about -- how was COLD calculated which is the cost of                   
 living differential.                                                          
                                                                               
 MR. HAYDEN:                                                                   
  The cost of living differential is calculated based on a                     
 percent that varies by contract, but on the average the number runs           
 from 18 to 22 percent.  It does vary by position....                          
                                                                               
 CHAIRMAN KELLY:                                                               
  Eighteen to twenty-two percent of what?                                      
                                                                               
 MR. HAYDEN:                                                                   
  Eighteen to twenty-two percent above the base wage.                          
                                                                               
 CHAIRMAN KELLY:                                                               
  These wage figures that you gave us that range from $35,000 to               
 $110,000, does that include the cost of living?                               
                                                                               
 MR. HAYDEN:                                                                   
  Yes, it does.                                                                
                                                                               
 CHAIRMAN KELLY:                                                               
  Representative Elton.                                                        
                                                                               
 Number 534                                                                    
                                                                               
 REPRESENTATIVE ELTON:                                                         
  Gary, while somebody is here from the Department of                          
 Administration, I don't know if you have an answer but I know that            
 the Department of Administration has done cost comparable across              
 different professional tiers.  Have you ever done that with a                 
 master, for example, from the ferry system that might be making               
 $99,000 and somebody with equal professional responsibilities.  In            
 fact, I understand that some of the masters are also qualified as             
 marine pilots.  My understanding is that marine pilots can make               
 over $100,000 a year, also.  Have you done that kind of comparison            
 that compares what a master could get outside of the Marine Highway           
 System?                                                                       
                                                                               
 MS. DOYLE:                                                                    
  Officially?  No, we haven't done that.  As you mentioned                     
 correctly, marine pilots do make quite a considerable sum of money            
 on the cruise ships; they're private contractors and they're paid -           
 - I don't know what benefits they may or may not accrue during that           
 period of time.                                                               
                                                                               
 REPRESENTATIVE ELTON:                                                         
  If I could follow up, Mr. Chair.  I mean I think that kind of                
 information would be very important.  I'd like to know what a                 
 master who leaves the "Mat" can make if they get off the boat in              
 Ketchikan and retire from the system and become a marine pilot.  I            
 think we need to understand what other market forces are out there            
 tugging at these people.                                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Do you get many applications Gary, to work for the Alaska                    
 Marine Highway System?                                                        
                                                                               
 MR.  HAYDEN:                                                                  
  I have personally received in the deck department, two to                    
 three in the last year for entry-level positions in the deck                  
 department for Alaska residents who want to work up through the               
 system.                                                                       
                                                                               
 CHAIRMAN KELLY:                                                               
  Do you have any trouble filling any positions on the Alaska                  
 State ferry System?                                                           
                                                                               
 MR. HAYDEN:                                                                   
  We've had some difficulty in finding people who are in the                   
 unlicensed department, working in the engine room who have the Z-             
 Card certificate for oiler and wiper.  So yes, we've been short               
 some of those positions, but when you get above - get out of that             
 job class, we probably have not had difficulty in filling                     
 positions.                                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  Is there a large turnover?  Is it an abnormally large turnover               
 compared to the other state....                                               
                                                                               
 MR. HAYDEN:                                                                   
  No, I would say the average longevity is in the order of                     
 magnitude of 10 years at least within the fleet.  So there's not a            
 high turnover rate.  I don't know -- I haven't compared that to               
 shore side - other state employees, I don't know what that rate is,           
 but it's about 10 years.                                                      
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Senator Taylor.                                                              
                                                                               
 SENATOR TAYLOR:                                                               
  Yes, thank you.  I'm not a member of this committee, but I                   
 really appreciate Senator Kelly being kind enough to let me sit in            
 and thank you very much, Co-Chairman Kott.  I want to get back to             
 the point that was raised earlier about COLD or cost of living                
 differential and how that differential was achieved because I think           
 most of the members are not aware of that.  At one point in time,             
 it's my understanding your department entered into an agreement,              
 administratively, to establish a differential in pay between                  
 Alaskan workers and those outside of our geographical boundaries in           
 the state of Washington because we had a lot of people - I think              
 now it's down to 20 people out of the state of Washington that                
 actually work on the system.  But in doing that, where other                  
 departments across the board were granted a bonus so to speak in              
 that year and got a cost of living differential -- say if you                 
 worked in Fairbanks or Nome or Bethel, you got a cost of living               
 differential; where in our workers, they got their normal raises              
 over a given period of years and when the disparity between                   
 Washington base wage which was frozen, and the Alaskan wage where             
 it had normally grown to, then all parties moved the same going up            
 the ladder.  In other words, a 3 percent pay increase at this point           
 would raise the Washington base 3 percent and it would raise the              
 Alaskan 3 percent.  So, as to characterize this as a cost of living           
 differential and then factor it off the Washington base is not                
 accurate as it relates to other departments.  In fact, our people             
 each achieved those wage increases over time and Washington was               
 froze and only began to move when there had been...                           
                                                                               
 TAPE 96-44, SIDE B                                                            
 Number 998                                                                    
                                                                               
 SENATOR TAYLOR:                                                               
  ....a sufficient differential created.  That's significantly                 
 different than getting a bonus on your paycheck because you're                
 working in Fairbanks and every year you get that bonus.                       
                                                                               
 MR. HAYDEN:                                                                   
  Senator, you're correct.  There are several differences                      
 between these contracts and shore side contracts.  It's my                    
 understanding that over time when the employees received a                    
 percentage increase that some of that percent went to make up the             
 difference in the spread between the cost of living differential              
 between out-of-state and in-state employees.  So, it didn't                   
 necessarily reflect across the board pay raises for everyone.  The            
 other thing is these employees do not receive merit increases.  So            
 those are two significant things that have varied these three                 
 unions and how they're different than shore side.                             
                                                                               
 Number 974                                                                    
                                                                               
 SENATOR TAYLOR:                                                               
  That's just the only point I wanted to make was that there was               
 a significant difference in how these -- I'm just as frustrated by            
 the way as the rest of these members I believe are, with a lot of             
 the foolish gestures and rhetoric that have gone on in the last few           
 days.  I think there was a better way to have handled it and I'm              
 not at all pleased with that.  But I don't want to see this as an             
 opportunity to start distorting things as it relates to those                 
 people that are employed in my district that I am concerned about.            
 I don't want to see them take the brunt of the actions of a very              
 few.  So that's why I wanted to make those comments.  I think                 
 there's significant difference here; these are people working long            
 hours and away from their families -- this isn't some guy that's              
 running a road grader in Fairbanks that also is available for merit           
 pay every single year and has been for the last 15.  I think the              
 ferry workers across the board would have given up any pay raises             
 if they just could have had merit pay;  their pay today would be              
 quite a bit higher than it is based on any raises we've given                 
 anybody.                                                                      
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary.                                                                        
                                                                               
 MR. HAYDEN:                                                                   
  Senator - Mr. Chairman.  I think one thing that's very                       
 important to point out that's facing all of us today is these                 
 agreements that we're talking about were negotiated and signed off            
 on in 1994.  We have been through this process several times and I            
 can understand the frustration on people's parts when they have               
 negotiated at the table in good faith and contracts have not been             
 followed through on.  This contract was negotiated in `94.  Last              
 summer, we spent a lot of hard work working with the unions trying            
 to negotiate a different salary scale.  The only thing we were                
 talking about last summer was salary scale because the contract               
 that's in effect and has been in effect since October 10, 1994, --            
 the only thing we talked about last year was the percent of the pay           
 increase.  And that number came down - the unions gave up what they           
 had previously negotiated in good faith.  So the number that's in             
 front of you today - 1.3 - is considerably lower than the number              
 that had previously been brought in front of you the year before.             
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, how many vessels do we have in the Marine Highway                      
 System?                                                                       
                                                                               
 MR. HAYDEN:                                                                   
  Senator, we have eight vessels.   We have one under                          
 construction.                                                                 
                                                                               
 CHAIRMAN KELLY:                                                               
  And how many communities do they serve?                                      
                                                                               
 MR. HAYDEN:                                                                   
  They serve 32 communities and those 32 communities have a                    
 population of 110,000 people.  So we serve approximately 20 percent           
 of the state's population.                                                    
                                                                               
 CHAIRMAN KELLY:                                                               
  You serve about 20 percent of the state's population.  That                  
 means you don't serve 80 percent, correct?                                    
                                                                               
 MR. HAYDEN:                                                                   
  Well sir, that's a misnomer because the Marine Highway System                
 and being a transportation link, contributes to the economy                   
 statewide and I have brought with me an Economic Impact Analysis of           
 the Marine Highway System, not only in the Southeast and the                  
 Southwest, but also statewide that I'd be happy to go over with you           
 as a committee.  But the state invests on an annual basis                     
 approximately $28 million in general fund subsidy to the Marine               
 Highway System and in exchange for that, the local economists we              
 hired last year to study the situation, said the state received a             
 return of $171,000 in direct and indirect spending....                        
                                                                               
 CHAIRMAN KELLY:                                                               
  Did you mean $171 million?                                                   
                                                                               
 MR. HAYDEN:                                                                   
  Excuse me, yes sir, $171 million for the $28 million invested.               
 So the system is linked to Southcentral - it's linked to the                  
 economy there; it's linked to the western states -- much of the               
 bait fish that's caught in Southeast gets transported on the Marine           
 Highway System and is used in the Bristol Bay area or up in the               
 western part of the state.  There are definite links between                  
 Southeast and the rest of the state and the Marine Highway System             
 is one of those important transportation links.                               
                                                                               
 CHAIRMAN KELLY:                                                               
  Representative Porter.                                                       
                                                                               
 REPRESENTATIVE PORTER:                                                        
  Thank you.  I guess that kind of economic development                        
 (indisc.)  drives the question on the cost of living differential.            
 It would be hard for me to believe that the cost of living                    
 differential, which I think you said averaged between 16 and 24               
 percent....                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG:                                                      
  Eighteen.                                                                    
                                                                               
 REPRESENTATIVE PORTER:                                                        
  Eighteen and twenty-four percent and obviously there's not an                
 18 to 24 percent cost of living difference between Seattle and                
 Juneau.  Is it to induce employees to live in Alaska and have the             
 economic benefit of their residency or what is the intent?                    
                                                                               
 MR. HAYDEN:                                                                   
  Senator - Representative Porter, at the time that the COLD was               
 introduced, it's my understanding that the cost of living                     
 differential was higher than the 22 - I think the numbers used to             
 run as high as 30 percent.  So over time, economic conditions have            
 changed.  What is the number today?  I don't know.  I don't believe           
 that the state's done a comprehensive analysis as to what that cost           
 of living differential is.  I don't think that we can sit here and            
 pull out a good statistical analysis of what those costs are.  I              
 think intuitively we know the cost has come down and the spread and           
 the gap between the two have changed.                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  One thing first.  Gary, how many employees do we have at the                 
 Marine Highway System?                                                        
                                                                               
 MR. HAYDEN:                                                                   
  There are approximately 718 vessel employees of which 666 are                
 Alaska residents and about 51 are nonresidents.                               
                                                                               
 CHAIRMAN KELLY:                                                               
  And what's the total cost to operate the ferry system on an                  
 annual basis?                                                                 
                                                                               
 MR. HAYDEN:                                                                   
  Approximately -- this coming year we will expend approximately               
 $70 million.                                                                  
                                                                               
 CHAIRMAN KELLY:                                                               
  And of that $70 million, you're subsidized by the state                      
 general fund of $28 million?                                                  
                                                                               
 MR. HAYDEN:                                                                   
  That's correct and we bring in revenues from our sales of the                
 other $40 million plus.                                                       
                                                                               
 CHAIRMAN KELLY:                                                               
  Representative Elton.                                                        
                                                                               
 Number 938                                                                    
                                                                               
 REPRESENTATIVE ELTON:                                                         
  Thanks, Senator.  I just wanted to say I'm a little bit                      
 uncomfortable with the question that Representative Porter was                
 asking, because the way I understand it is the way the cost of                
 living differential occurred was Alaskans didn't get bonuses, but             
 the Washington State and other outside people were frozen and they            
 didn't get the normal accrual of benefits over a certain period of            
 time until you got to that 18 to 22 percent differential.  I'm not            
 so sure I'm anxious to look into whether or not that's correct or             
 not because if the cost of living differential is now 10 percent,             
 I think the fair of way of getting to that would be to raise                  
 Washington rather than cutting Alaskans.  And that could open up              
 kind of a dangerous territory.                                                
                                                                               
 CHAIRMAN KELLY:                                                               
  Representative Rokeberg.                                                     
                                                                               
 Number 931                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG:                                                      
  Mr. Chairman - Gary, I'm kind of disturbed about this whole                  
 thing because I'm trying to understand the exact base.  Are you               
 suggesting, as I hear Representative Elton suggesting, that our               
 base salary level is based on the Washington State ferry system or            
 what's going on here?  If we're going to be asking to raise the               
 Washington State ferry system's wages, does that mean that our wage           
 schedule is based on that?  And in addition I'd also like to ask if           
 the COLD calculation is a bargainable point or unless it's                    
 empirically based on some kind of a third party type statistical              
 analysis or is it merely something that is bargained for at the               
 table?                                                                        
                                                                               
 MR. HAYDEN:                                                                   
  To clarify, I don't believe Representative Elton nor myself                  
 were suggesting that COLD was set by the state of Washington ferry            
 workers.  COLD is a cost of living differential between Alaska and            
 outside - they used the state of Washington as the base.  It's a              
 different factor in that it's separating resident versus                      
 nonresident.  There are 51 nonresidents; those people make less               
 than Alaskans do because under the terms of the contract, as                  
 expected, their cost of living is less than the Alaska residents.             
 Therefore, they receive less.  Is it a negotiated item?  Yes, it is           
 a negotiated item and we have entered into, very preliminary, we've           
 had our first round of negotiations with MEBA and not to get into             
 the negotiation process, but one of the things we're talking about            
 with them is lowering that rate and spreading that money and using            
 it in different other ways.  So yes, we are looking at the                    
 contracts that are coming up, doing something with COLD.  I should            
 point out to you that of the three contracts, we have two of them             
 in effect - the third contract from MEBA expires in October and               
 we'll be negotiating a new contract with them over the next several           
 months.                                                                       
                                                                               
 Number 908                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG:                                                      
  Mr. Chairman, on a follow up.  In reviewing the executive                    
 summary on the OMB report, it looks like there was a significant              
 differential for the MV Bartlett and the Southwest employees and              
 the Tustemena and the Southeastern employees.  Is that differential           
 still in effect and what was the explanation for it?                          
                                                                               
 MR. HAYDEN:                                                                   
  Yes, that differential is still in effect and those contracts                
 are different -- the Southwest and the Southeast are different --             
 different -- almost different contracts within contracts.  I'm not            
 real familiar with the history as to how we got to that point, but            
 it's my understanding that the cost of living was different in                
 Southeast than it was in Southcentral and the working conditions in           
 Southwest were different than they were in Southeast, the licensing           
 that people had to have on the Tustemena as an ocean-going vessel             
 which is different than an inland waters vessel - they're managed             
 separately.                                                                   
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay Gary, we're running out of time.  We have to give up the                
 committee room here.  Did the committee have any further questions?           
                                                                               
 REPRESENTATIVE KOTT:                                                          
  I've got one.  Gary, were you involved in the contract                       
 negotiations, since we have kind of ventured into this area?                  
                                                                               
 MR. HAYDEN:                                                                   
  Over the 1 l/2 percent, yes I was.                                           
                                                                               
 REPRESENTATIVE KOTT:                                                          
  If my numbers are correct, the IBU had a 3.3 percent increase                
 in 1990; a 5 percent increase in 1991; and it looks like in 1992,             
 a 3.6 percent increase; I don't think there's been any increases              
 since 1992.  The Masters, Mates and Pilots union had an increase of           
 5.6 percent in 1991; 3.6 in `92; `93 there was no increase; `94               
 there was a 4.4 percent; and last year there was no increase.  I              
 guess my question to you is, how do we sell the public any kind of            
 an increase -- and I really appreciate you keeping the percentages            
 to an absolute minimum -- but how do we sell the public an increase           
 in wages when other areas, especially in the private sector we've             
 seen retrenchment, just cutbacks, reduction in pay and what not.              
                                                                               
 MR. HAYDEN:                                                                   
  Mr. Chairman....                                                             
                                                                               
 REPRESENTATIVE KOTT:                                                          
  I'm -- it's a tough question I understand.                                   
                                                                               
 MR. HAYDEN:                                                                   
  It's a difficult question to answer, but I believe that all of               
 us have seen a rise in the cost of living each day.  We have                  
 gasoline prices going up - I know I look at my property assessment,           
 and my assessments are going up, the cost of living for the whole             
 United States - our economy as it keeps up, it costs us more to               
 live and to work.  I believe that that in itself is maybe an over-            
 simplification of an answer, but people have worked very hard -               
 we've negotiated a contract; we had to have -- we attempted to have           
 cost savings within this contract and that's what brings us to this           
 point today as to whether or not we're going to honor the                     
 collective bargaining process and move forward.  For the Marine               
 Highway System, it's been a very difficult time for labor and                 
 management working through these issues which not necessarily were            
 all of our own making from a management standpoint.                           
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, were the union negotiators and members aware that those                
 contracts didn't go into existence unless it was funded by the                
 legislature.  Was there an awareness factor there that they're not            
 final until funded?                                                           
                                                                               
 MR. HAYDEN:                                                                   
  That's correct.  We were very conscious of what happened last                
 year; we wrote specific language into this contract that said if              
 the legislature did not appropriate the money for this contract, we           
 would sit down again for 10 days and negotiate in good faith to see           
 if we could reach an agreement, at which time we would waive our              
 right and the union could declare an impasse if they chose to and             
 go have their strike vote as to what to do.                                   
                                                                               
 CHAIRMAN KELLY:                                                               
  Any further questions from the committee?                                    
                                                                               
 Number 866                                                                    
                                                                               
 REPRESENTATIVE BEVERLY MASEK:                                                 
  Mr. Chairman, what I'd like to know is what is the total                     
 amount of the -- or the total number of workers that we have                  
 employed on the ferries - the eight different ferries.                        
                                                                               
 MR. HAYDEN:                                                                   
  Seven hundred and eighteen.                                                  
                                                                               
 REPRESENTATIVE MASEK:                                                         
  And of those 718, how many is seasonal workers?                              
                                                                               
 MR. HAYDEN:                                                                   
  Seasonal workers?  They're all -- each one of these workers -                
 we receive workers out of the union hall -  as we have a ship                 
 running, we call up the union or we dispatch them ourselves for               
 IBU, the other two unions, they dispatch out of the union hall.               
 The number of workers and whether or not a person works depends on            
 seniority and it depends on the availability of a job.  The                   
 availability of a job depends a whole lot on what ships we have               
 running.  In the winter time, we may only have three to four of the           
 vessels running at any one time which cuts down everyone's                    
 opportunity to work so only the most senior people are working;               
 they don't necessarily have a year-round job - only until they get            
 to a certain level within the seniority system.  So, there aren't             
 designated seasonal jobs; they're jobs that we hire that we may not           
 have people who have seniority to fill the entry level jobs when we           
 have all the vessels running because people are coming and going.             
 However, after they've worked there and built up their seniority,             
 they have the opportunity to have a year-round job.  So to some               
 degree, they're all seasonal jobs up until they get the seniority             
 to work all year-round when we lower the work opportunities.                  
                                                                               
 REPRESENTATIVE MASEK:                                                         
  Mr. Chairman.  And how many -- how many personnel does it take               
 to operate a vessel?  What is the total number of people?                     
                                                                               
 MR. HAYDEN:                                                                   
  The crew members on the Malaspina yesterday was 47; it goes as               
 high as the Columbia with 66.  The vessels vary in size from 235              
 feet up to 408 feet.  Different complicated systems on each one of            
 them; therefore, there's different manning levels.  The Coast Guard           
 certificate even sets different manning levels depending on the               
 ship.                                                                         
                                                                               
 CHAIRMAN KELLY:                                                               
  Senator Torgerson.                                                           
                                                                               
 Number 840                                                                    
                                                                               
 SENATOR TORGERSON:                                                            
  Gary, in case of an impasse or a strike or whatever might                    
 happen, what are your plans as far as operating the system.  Will             
 you leave the boats tied up or do you have standby crews or what is           
 plan B.                                                                       
                                                                               
 MR. HAYDEN:                                                                   
  If the legislature chooses not to fund these contracts, we                   
 will go sit down with the union, see if we can get them to agree to           
 work without a pay raise.  If they choose to say no and declare an            
 impasse, they have a strike vote, I would predict by mid-June we'll           
 be shut down.  We do not have a plan B to keep running the boats              
 using a different set of employees.  We believe that we should                
 honor the collective bargaining process and honor these agreements.           
 We're not interesting in busting these unions and having people               
 lose their job because in effect, if we went to another outside of            
 Alaska, either union or a recruitment agency - I could do that.  I            
 could go find people to mann these ships, but in the process                  
 there'd be 667 Alaskans that would probably be out of work.                   
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay, we're going to have to wrap up.  Any further questions?                
                                                                               
 Number 829                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG:                                                      
  Mr. Chairman, I just wanted to request the department if they                
 could provide a follow up letter on the rationale and basis for the           
 cost of living differential and their bargaining position, just               
 more or less restate what you did, and also some background without           
 being too voluminous about the MV Bartlett differential and that              
 differential between the Southwest and the Southeastern part of the           
 state and the rationale behind that.                                          
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay, Gary?                                                                  
                                                                               
 Number 818                                                                    
                                                                               
 MS. DOYLE:                                                                    
  If I may just very briefly....                                               
                                                                               
 CHAIRMAN KELLY:                                                               
  Would you state your name for the record, please.                            
                                                                               
 MS. DOYLE:                                                                    
  Yes, Mia Doyle from the Department of Administration.  I'm in                
 the Labor Relations Section and I was the chief spokesperson for              
 most of the contracts we're talking about.  A statement was made              
 earlier that the MMP received a 4.4 percent increase in 1994; that            
 increase applied to two or three people and it was to bring them up           
 to another wage level because of the size of the ship.  It would be           
 a mistake for people to believe that there was a general wage                 
 increase that year.  There simply was not.                                    
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Thank you for that clarification.                                            
                                                                               
 CHAIRMAN KELLY:                                                               
  Gary, any further comments?                                                  
                                                                               
 MR. HAYDEN:                                                                   
  No, Mr. Chairman.  I believe that as far as the incident that                
 we had yesterday, I find it to be unfortunate.  The Administration            
 is going to be fair, we're going to be firm and we're looking                 
 forward to having a very productive summer on the Alaska Marine               
 Highway System and carrying 400,000 people this coming year.  And             
 we'd like to keep them running.                                               
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay, thank you very much.                                                   
                                                                               
 REPRESENTATIVE KOTT:                                                          
  One last comment.  Gary, when will that investigation be                     
 complete?                                                                     
                                                                               
 MR. HAYDEN:                                                                   
  Well, we're interviewing people today and tomorrow, so I would               
 hope within a week....                                                        
                                                                               
 REPRESENTATIVE KOTT:                                                          
  Would you provide my office with a copy of the preliminary.                  
                                                                               
 CHAIRMAN KELLY:                                                               
  Okay, meeting adjourned at 3:15 p.m.                                         
                                                                               

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