00 HOUSE BILL NO. 421                                                                                                    
01 "An Act relating to the right of certain public employees to engage in a strike                                         
02 if monetary terms of a collective bargaining agreement are not approved."                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 23.40.200(b) is amended to read:                                                                  
05  (b)  The class in (a)(1) of this section is composed of police and fire protection                                    
06 employees, jail, prison, and other correctional institution employees, and hospital                                     
07 employees.   Except as provided in (g) of this section,                                                                
08   (1)  employees  [EMPLOYEES] in this class may not engage in strikes ;                                              
09   (2)  upon  [.  UPON] a showing by a public employer or the labor                                                    
10 relations agency that employees in this class are engaging or about to engage in a                                      
11 strike, an injunction, restraining order, or other order  that  [WHICH] may be                                        
12 appropriate shall be granted by the superior court in the judicial district in which the                                
13 strike is occurring or is about to occur ;                                                                             
14   (3)  if  [. IF] an impasse or deadlock is reached in collective bargaining                                          
01 between the public employer and employees in this class, and mediation has been  used                                 
02 [UTILIZED] without resolving the deadlock, the parties shall submit to arbitration to                                   
03 be carried out under AS 09.43.030.                                                                                      
04    * Sec. 2.  AS 23.40.200(c) is amended to read:                                                                     
05  (c)  The class in (a)(2) of this section is composed of public utility, snow                                          
06 removal, sanitation, and educational institution employees other than employees of a                                    
07 school district, a regional educational attendance area, or a state boarding school.                                    
08  Except as provided in (g) of this section,                                                                            
09   (1)  employees  [EMPLOYEES] in this class may engage in a strike                                                    
10 after mediation, subject to the voting requirement of (d) of this section, for a limited                                
11 time ; the  [. THE] limit is determined by the interests of the health, safety, or welfare                            
12 of the public ;                                                                                                        
13   (2)  the  [. THE] public employer or the labor relations agency may                                                 
14 apply to the superior court in the judicial district in which the strike is occurring for                               
15 an order enjoining the strike ;                                                                                        
16   (3)  a  [.  A] strike may not be enjoined unless it can be shown that it                                            
17 has begun to threaten the health, safety, or welfare of the public ; a  [.  A] court, in                              
18 deciding whether or not to enjoin the strike, shall consider the total equities in the                                  
19 particular class ; "total  [.  "TOTAL] equities" includes not only the  effect  [IMPACT]                            
20 of a strike on the public but also the extent to which employee organizations and                                       
21 public employers have met their statutory obligations ;                                                                
22   (4)  if  [.  IF] an impasse or deadlock still exists after the issuance of an                                       
23 injunction, the parties shall submit to arbitration to be carried out under AS 09.43.030.                               
24    * Sec. 3.  AS 23.40.200 is amended by adding a new subsection to read:                                             
25  (g)  Public employees in a bargaining unit composed of members of the class                                           
26 in (a)(1) or (2) of this section may engage in a strike under this subsection if                                        
27   (1)  the collective bargaining agreement for the bargaining unit is a                                                
28 multi-year agreement;                                                                                                   
29   (2)  the monetary terms for at least one year of the agreement were                                                  
30 funded in accordance with AS 23.40.215(a), and the monetary terms for the current                                       
31 year of the agreement were not funded as required by that subsection;                                                   
01   (3)  a majority of the employees in the bargaining unit vote by secret                                               
02 ballot to engage in the strike.