CSHB 149(FIN): "An Act relating to allowing certain child day care providers to organize for the purpose of collective bargaining; and establishing the child day care provider fund."
00 CS FOR HOUSE BILL NO. 149(FIN) 01 "An Act relating to allowing certain child day care providers to organize for the purpose 02 of collective bargaining; and establishing the child day care provider fund." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.40.070 is amended to read: 05 Sec. 23.40.070. Declaration of policy. The legislature finds that joint decision- 06 making is the modern way of administering government. If public employees and 07 child day care providers have been granted the right to share in the decision-making 08 process affecting wages and working conditions, they have become more responsive 09 and better able to exchange ideas and information on operations with their 10 administrators. Accordingly, government is made more effective. The legislature 11 further finds that the enactment of positive legislation establishing guidelines for 12 public employment relations is the best way to harness and direct the energies of 13 public employees and child day care providers eager to have a voice in determining 14 their conditions of work, to provide a rational method for dealing with disputes and
01 work stoppages, to strengthen the merit principle where civil service is in effect, and 02 to maintain a favorable political and social environment. The legislature declares that 03 it is the public policy of the state to promote harmonious and cooperative relations 04 between public employers and public [GOVERNMENT AND ITS] employees or 05 child day care providers and to protect the public by assuring effective and orderly 06 operations of government. These policies are to be effectuated by 07 (1) recognizing the right of public employees and child day care 08 providers to organize for the purpose of collective bargaining; 09 (2) requiring public employers to negotiate with and enter into written 10 agreements with employee organizations and child day care provider organizations 11 on matters of wages, hours, and other terms and conditions of employment; 12 (3) maintaining merit-system principles among public employees. 13 * Sec. 2. AS 23.40.080 is amended to read: 14 Sec. 23.40.080. Rights of public employees and child day care providers. 15 Public employees and child day care providers may self-organize and form, join, or 16 assist an organization to bargain collectively through representatives of their own 17 choosing, and engage in concerted activities for the purpose of collective bargaining or 18 other mutual aid or protection. 19 * Sec. 3. AS 23.40.090 is amended to read: 20 Sec. 23.40.090. Collective bargaining unit. The labor relations agency shall 21 decide in each case, in order to assure to employees and child day care providers the 22 fullest freedom in exercising the rights guaranteed by AS 23.40.070 - 23.40.260, the 23 unit appropriate for the purposes of collective bargaining, based on such factors as 24 community of interest, wages, hours, and other working conditions of the employees 25 and child day care providers involved, the history of collective bargaining, and the 26 desires of the employees. Bargaining units shall be as large as is reasonable, and 27 unnecessary fragmenting shall be avoided. 28 * Sec. 4. AS 23.40.100(a) is amended to read: 29 (a) The labor relations agency shall investigate a petition if it is submitted in a 30 manner prescribed by the labor relations agency and is 31 (1) by an employee, a [OR] group of employees, a child day care
01 provider, a group of child day care providers, or an organization acting in their 02 behalf alleging that 30 percent of the employees or child day care providers in [OF] 03 a proposed bargaining unit 04 (A) want to be represented for collective bargaining by a labor, 05 [OR] employee, or child day care provider organization as exclusive 06 representative, or 07 (B) assert that the organization that [WHICH] has been 08 certified or is currently being recognized by the public employer as bargaining 09 representative is no longer the representative of the majority of employees or 10 child day care providers in the bargaining unit; or 11 (2) by the public employer alleging that one or more organizations 12 have presented to it a claim to be recognized as a representative of a majority of 13 employees or child day care providers in an appropriate bargaining unit. 14 * Sec. 5. AS 23.40.100(b) is amended to read: 15 (b) If the labor relations agency has reasonable cause to believe that a question 16 of representation exists, it shall provide for an appropriate hearing upon due notice. If 17 the labor relations agency finds that there is a question of representation, it shall direct 18 an election by secret ballot to determine whether or by which organization the 19 employees or child day care providers want [DESIRE] to be represented and shall 20 certify the results of the election. Nothing in this section prohibits the waiving of 21 hearings by stipulation for the purpose of a consent election in conformity with the 22 regulations of the labor relations agency or an election in a bargaining unit agreed 23 upon by the parties. The labor relations agency shall determine who is eligible to vote 24 in an election and shall establish rules governing the election. In an election in which 25 none of the choices on the ballot receives a majority of the votes cast, a runoff election 26 shall be conducted, the ballot providing for selection between the two choices 27 receiving the largest and the second largest number of valid votes cast in the election. 28 If an organization receives the majority of the votes cast in the election it shall be 29 certified by the labor relations agency as exclusive representative of all the employees 30 or child day care providers in the bargaining unit. 31 * Sec. 6. AS 23.40.110 is amended to read:
01 Sec. 23.40.110. Unfair labor practices. (a) A public employer or an agent of a 02 public employer may not 03 (1) interfere with, restrain, or coerce an employee or child day care 04 provider in the exercise of a right [THE EMPLOYEE'S RIGHTS] guaranteed in 05 AS 23.40.080; 06 (2) dominate or interfere with the formation, existence, or 07 administration of an organization; 08 (3) discriminate in regard to hire or tenure of employment or a term or 09 condition of employment to encourage or discourage membership in an organization; 10 (4) discharge or discriminate against an employee or child day care 11 provider for signing or filing [BECAUSE THE EMPLOYEE HAS SIGNED OR 12 FILED] an affidavit, petition, or complaint, or giving [GIVEN] testimony, under 13 AS 23.40.070 - 23.40.260; 14 (5) refuse to bargain collectively in good faith with an organization 15 which is the exclusive representative of employees or child day care providers in an 16 appropriate unit, including [BUT NOT LIMITED TO] the discussing of grievances 17 with the exclusive representative. 18 (b) Nothing in this chapter prohibits a public employer from making an 19 agreement with an organization to require as a condition of employment 20 (1) membership in the organization that [WHICH] represents a 21 bargaining [THE] unit on or after the 30th day following the beginning of 22 employment or on the effective date of the agreement, whichever is later; or 23 (2) payment by the employee or child day care provider to the 24 exclusive bargaining agent of a service fee to reimburse the exclusive bargaining agent 25 for the expense of representing the members of the bargaining unit. 26 (c) An [A LABOR OR EMPLOYEE] organization or its agents may not 27 (1) restrain or coerce 28 (A) an employee or child day care provider in the exercise of 29 the rights guaranteed in AS 23.40.080, or 30 (B) a public employer in the selection of the employer's 31 representative for the purposes of collective bargaining or the adjustment of
01 grievances; 02 (2) refuse to bargain collectively in good faith with a public employer, 03 if it has been designated in accordance with the provisions of AS 23.40.070 - 04 23.40.260 as the exclusive representative of employees or child day care providers 05 in an appropriate unit. 06 * Sec. 7. AS 23.40.205 is amended to read: 07 Sec. 23.40.205. Family leave. Notwithstanding a [ANY] provision of 08 AS 23.40.070 - 23.40.260 to the contrary, an agreement between a public [THE] 09 employer subject to AS 39.20.500 - 39.20.550 and an [EMPLOYEE BARGAINING] 10 organization under AS 23.40.070 - 23.40.260 that does not contain benefit provisions 11 that are at least as beneficial to the public employees covered by the agreement 12 [EMPLOYEE] as the benefit provisions of [THOSE PROVIDED BY] AS 39.20.500 13 - 39.20.550 shall be considered to contain the benefit provisions of AS 39.20.500 - 14 39.20.550 [THOSE STATUTES]. 15 * Sec. 8. AS 23.40.210(d) is amended to read: 16 (d) Except for an agreement applicable solely to child day care providers, 17 an [AN] agreement entered into under AS 23.40.070 - 23.40.260 must require 18 compliance with the eligibility criteria for receiving the cost-of-living differential 19 contained in this section and the regulations adopted by the commissioner under (c) of 20 this section. 21 * Sec. 9. AS 23.40.225 is amended to read: 22 Sec. 23.40.225. Exemption based on religious convictions. Notwithstanding 23 the provisions of AS 23.40.220, a collective bargaining settlement reached, or 24 agreement entered into, under AS 23.40.210 that incorporates a union security 25 provision, [PROVISIONS,] including a union shop or agency shop provision [OR 26 AGREEMENT], shall safeguard the right [RIGHTS] of nonassociation for each 27 employee or child day care provider who has [OF EMPLOYEES HAVING] bona 28 fide religious convictions based on tenets or teachings of a church or religious body of 29 which the [AN] employee or child day care provider is a member. Upon submission 30 of proper proof of religious conviction to the labor relations agency, the agency shall 31 declare the employee or child day care provider exempt from becoming a member of
01 a labor organization or employee association. The employee or child day care 02 provider shall pay to the union or association an amount of money equal 03 [EQUIVALENT] to [REGULAR] union or association dues, including initiation fees 04 [,] and assessments, normally required of a member [TO THE UNION OR 05 ASSOCIATION]. Nonpayment of this money may cause [SUBJECTS] the employee 06 or child day care provider to be subject to a penalty equal to the [SAME] penalty 07 the employee or child day care provider would be subject to under AS 23.40.070 - 08 23.40.260, or an agreement under AS 23.40.070 - 23.40.260, for [AS IF IT WERE] 09 nonpayment of dues. The receiving union or association shall contribute [AN 10 EQUIVALENT AMOUNT OF MONEY] to a charity of its choice that is not 11 affiliated with a religious, labor, or employee organization or child day care provider 12 an amount of money equal to the amount paid by the employee or child day care 13 provider under this section and [. THE UNION OR ASSOCIATION] shall submit 14 [PROOF OF CONTRIBUTION] to the labor relations agency proof of the 15 contribution. 16 * Sec. 10. AS 23.40 is amended by adding a new section to read: 17 Sec. 23.40.242. Child day care providers and organizations. (a) Nothing in 18 AS 23.40.070 - 23.40.260 19 (1) makes a child day care provider a public employee; 20 (2) forms or terminates an employer-employee legal relationship; 21 (3) changes a child day care provider's legal status as a corporation, 22 sole proprietorship, or other legal entity; 23 (4) is intended to interfere with compliance by a person, the state, or a 24 political subdivision of the state with a federal law or a requirement of a federal grant 25 or subsidy; 26 (5) prohibits a child day care provider from communicating or 27 attempting to communicate with a public employer or another person; 28 (6) requires an employee or child day care provider to become a 29 member of an organization that represents child care providers. 30 (b) A child day care provider organization may not administer or process 31 payments for day care.
01 * Sec. 11. AS 23.40.250(1) is amended to read: 02 (1) "collective bargaining" means the performance of the mutual 03 obligation of the public employer or the employer's designated representatives and the 04 representative of the employees or child day care providers to meet at reasonable 05 times, including meetings in advance of the budget making process, and negotiate in 06 good faith with respect to wages, hours, and other terms and conditions of 07 employment, or the negotiation of an agreement, or negotiation of a question arising 08 under an agreement and the execution of a written contract incorporating an agreement 09 reached if requested by either party, but these obligations do not compel either party to 10 agree to a proposal or require the making of a concession; 11 * Sec. 12. AS 23.40.250(2) is amended to read: 12 (2) "election" means a proceeding conducted by the labor relations 13 agency in which the employees or child day care providers in a collective bargaining 14 unit cast a secret ballot for collective bargaining representatives, or for any other 15 purpose specified in AS 23.40.070 - 23.40.260; 16 * Sec. 13. AS 23.40.250(4) is amended to read: 17 (4) "monetary terms of an agreement" means the changes in the terms 18 and conditions of employment resulting from an agreement that 19 (A) will require an appropriation for their implementation; 20 (B) will result in a change in state revenues or productive work 21 hours for state employees or child day care providers; or 22 (C) address employee or child day care provider 23 compensation, leave benefits, or health insurance benefits, whether or not an 24 appropriation is required for implementation; 25 * Sec. 14. AS 23.40.250(5) is amended to read: 26 (5) "organization" means a labor or employee organization of any kind 27 in which employees or child day care providers participate and that [WHICH] exists 28 for the primary purpose of dealing with employers concerning grievances, labor 29 disputes, wages, rates of pay, hours of employment, and conditions of employment; 30 * Sec. 15. AS 23.40.250(6) is amended to read: 31 (6) "public employee" means any employee of a public employer,
01 whether or not in the classified service of the public employer, except child day care 02 providers, elected or appointed officials, or superintendents of schools; 03 * Sec. 16. AS 23.40.250(7) is amended to read: 04 (7) "public employer" means the state or a political subdivision of the 05 state, including without limitation, a municipality, district, school district, regional 06 educational attendance area, board of regents, public and quasi-public corporation, 07 housing authority, or other authority established by law, and a person designated by 08 the public employer to act in its interest in dealing with public employees or child day 09 care providers; 10 * Sec. 17. AS 23.40.250(9) is amended to read: 11 (9) "terms and conditions of employment" means the hours of 12 employment, the compensation and fringe benefits, and the employer's personnel 13 policies affecting the working conditions of the employees or child day care 14 providers [;] but does not mean the general policies describing the function and 15 purposes of a public employer. 16 * Sec. 18. AS 23.40.250 is amended by adding new paragraphs to read: 17 (10) "child" has the meaning given in AS 47.25.095; 18 (11) "child day care provider" means a day care center, family day care 19 home, school for children of preschool age, or other entity licensed under 20 AS 47.32.050 that receives state aid, directly or indirectly, for providing day care of a 21 child not related by blood, marriage, or legal adoption to an owner, operator, or 22 manager of the entity; 23 (12) "day care" has the meaning given in AS 47.25.095; 24 (13) "state aid" means money paid by the state 25 (A) to provide day care to the child of a person employed by 26 the state; 27 (B) to an organized borough of any class, a unified 28 municipality, or a city of any class to pay a child day care provider for 29 providing day care; 30 (C) as the result of a grant under AS 47.25.001 - 47.25.095. 31 * Sec. 19. AS 37.14 is amended by adding a new section to read:
01 Article 11. Child Day Care Provider Fund. 02 Sec. 37.14.850. Child day care provider fund established. (a) The child day 03 care provider fund is established as a separate fund in the state treasury for the purpose 04 of implementing the monetary terms of an agreement applicable to child day care 05 providers entered into under AS 23.40.070 - 23.40.260. Money in the fund does not 06 lapse. The fund consists of 07 (1) money appropriated to the fund; 08 (2) income earned on investment of fund assets; and 09 (3) donations to the fund. 10 (b) The legislature may annually appropriate money from the fund to 11 implement the monetary terms of an agreement applicable to child day care providers 12 entered into under AS 23.40.070 - 23.40.260. 13 (c) Nothing in this section creates a dedicated fund. 14 * Sec. 20. AS 39.27.011(a) is amended to read: 15 (a) The following monthly basic salary schedule is approved as the pay plan 16 for classified and partially exempt employees in the executive branch of the state 17 government who are not members of a public employee collective bargaining unit 18 established under the authority of AS 23.40.070 - 23.40.260 (Public Employment 19 Relations Act) and for employees of the legislature under AS 24: 20 Range Step Step Step Step Step Step 21 No. A B C D E F 22 5 2,151 2,211 2,273 2,339 2,408 2,471 23 6 2,273 2,339 2,408 2,471 2,543 2,619 24 7 2,408 2,471 2,543 2,619 2,698 2,785 25 8 2,543 2,619 2,698 2,785 2,864 2,951 26 9 2,698 2,785 2,864 2,951 3,046 3,133 27 10 2,864 2,951 3,046 3,133 3,229 3,323 28 11 3,046 3,133 3,229 3,323 3,436 3,545 29 12 3,229 3,323 3,436 3,545 3,665 3,790 30 13 3,436 3,545 3,665 3,790 3,922 4,061 31 14 3,665 3,790 3,922 4,061 4,204 4,363
01 15 3,922 4,061 4,204 4,363 4,503 4,672 02 16 4,204 4,363 4,503 4,672 4,841 5,011 03 17 4,503 4,672 4,841 5,011 5,184 5,361 04 18 4,841 5,011 5,184 5,361 5,527 5,737 05 19 5,184 5,361 5,527 5,737 5,917 6,133 06 20 5,527 5,737 5,917 6,133 6,318 6,551 07 21 5,917 6,133 6,318 6,551 6,752 6,997 08 22 6,318 6,551 6,752 6,997 7,225 7,483 09 23 6,752 6,997 7,225 7,483 7,733 8,022 10 24 7,225 7,483 7,733 8,022 8,289 8,569 11 25 7,733 8,022 8,289 8,569 8,879 9,210 12 26 8,022 8,289 8,569 8,879 9,210 9,541 13 27 8,289 8,569 8,879 9,210 9,541 9,900 14 28 8,569 8,879 9,210 9,541 9,900 10,244 15 29 8,879 9,210 9,541 9,900 10,244 10,606 16 30 9,210 9,541 9,900 10,244 10,606 10,979 17 * Sec. 21. AS 39.27.012 is amended to read: 18 Sec. 39.27.012. Temporary salary schedules. The director of the division of 19 personnel may establish salary schedules providing lesser amounts than those in the 20 basic salary schedule in order to meet salary limit requirements for receipt and 21 expenditure of federal funds. Salary rates established under authority of this section do 22 not affect [THE] salaries [OF EMPLOYEES] provided for by a collective bargaining 23 agreement negotiated under the authority of AS 23.40.070 - 23.40.260 (Public 24 Employment Relations Act). 25 * Sec. 22. AS 39.28.020(c) is amended to read: 26 (c) A collective bargaining agreement applicable to public employees and 27 adopted under AS 23.40.070 - 23.40.260 (Public Employment Relations Act) must be 28 consistent with principles of equal employment opportunity and affirmative action. 29 This chapter supersedes the provisions of AS 39.25 (State Personnel Act). 30 * Sec. 23. AS 39.30.095(e) is amended to read: 31 (e) Notwithstanding (b) of this section, the rate of employer contribution to
01 provide hospital, surgical, dental, audiovisual, and other medical care benefits under 02 AS 39.30.091 is $515 monthly beginning July 1, 2000; $575 monthly beginning 03 July 1, 2001; and $630 monthly beginning July 1, 2002, for the following employees 04 and officials: 05 (1) employees in the executive branch of the state government, 06 including the governor and lieutenant governor, who are not members of a public 07 employee collective bargaining unit established under the authority of AS 23.40.070 - 08 23.40.260 (Public Employment Relations Act); 09 (2) officials and employees of the legislative branch of state 10 government under AS 24; 11 (3) employees in the judicial branch of state government, including 12 magistrates and other judicial officers, who are not members of a public employee 13 collective bargaining unit established under AS 23.40.070 - 23.40.260 (Public 14 Employment Relations Act). 15 * Sec. 24. AS 40.25.151(d) is amended to read: 16 (d) The name and address of a living person who is a member or former 17 member of a state retirement system may be released to a retirement organization 18 representing persons receiving benefits under a state retirement system if the 19 retirement organization is affiliated with an organization representing public 20 employees of the employer under AS 23.40.070 - 23.40.260 (Public Employment 21 Relations Act).