Legislature(1997 - 1998)
1997-04-21 Senate Journal
Full Journal pdf1997-04-21 Senate Journal Page 1352 SB 151 Senator Duncan offered Amendment No. 4 : Page 14, lines 26 - 29: Delete "and the extension or modification of an agreement, including an award by an arbitrator acting under AS23.40.200, if the extension or modification affects in any way the monetary terms of an agreement," Page 15, lines 3 - 31: Delete all material. Renumber the following bill sections accordingly. Page 50, line 29: Delete "23.40.215(c)," Page 50, line 31: Delete "sec. 37" Insert "sec. 35" Page 51, line 12: Delete "sec. 37" Insert "sec. 35" Senator Duncan moved for the adoption of Amendment No. 4. Senator Pearce objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 151(FIN) Second Reading Amendment No. 4 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Hoffman, Lincoln, Mackie Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis 1997-04-21 Senate Journal Page 1353 SB 151 and so, Amendment No. 4 failed. Senator Duncan offered Amendment No. 5 : Page 12, lines 15 - 25: Delete "However, if an impasse or deadlock is reached in collective bargaining negotiations between a municipal school district, a regional educational attendance area, or the state boarding school and its employees, the parties shall submit to advisory arbitration before the employees may engage in a strike. The arbitrator selected to conduct the advisory arbitration must be a member of the American Arbitration Association Panel of Labor Arbitrators or the Federal Mediation and Conciliation Service. In selecting the arbitrator, the parties shall request a list of arbitrators who have knowledge of and recent experience in the local conditions in the school district, regional educational attendance area, or state boarding school. A list containing at least five nominees who meet the qualifications of this subsection is a complete list for the purpose of striking names and selecting the arbitrator." Insert "ªHOWEVER, IF AN IMPASSE OR DEADLOCK IS REACHED IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN A MUNICIPAL SCHOOL DISTRICT, A REGIONAL EDUCATIONAL ATTENDANCE AREA, OR THE STATE BOARDING SCHOOL AND ITS EMPLOYEES, THE PARTIES SHALL SUBMIT TO ADVISORY ARBITRATION BEFORE THE EMPLOYEES MAY ENGAGE IN A STRIKE. THE ARBITRATOR SELECTED TO CONDUCT THE ADVISORY ARBITRATION MUST BE A MEMBER OF THE AMERICAN ARBITRATION ASSOCIATION PANEL OF LABOR ARBITRATORS OR THE FEDERAL MEDIATION AND CONCILIATION SERVICE. IN SELECTING THE ARBITRATOR, THE PARTIES SHALL REQUEST A LIST OF ARBITRATORS WHO HAVE KNOWLEDGE OF AND RECENT EXPERIENCE IN THE LOCAL CONDITIONS IN THE SCHOOL DISTRICT, REGIONAL EDUCATIONAL ATTENDANCE AREA, OR STATE BOARDING SCHOOL. A LIST CONTAINING AT LEAST FIVE NOMINEES WHO MEET THE QUALIFICATIONS OF THIS SUBSECTION IS A COMPLETE LIST FOR THE PURPOSE OF STRIKING NAMES AND SELECTING THE ARBITRATOR.ß" 1997-04-21 Senate Journal Page 1354 SB 151 Page 19, lines 1 - 2: Delete "; (B) ªORß superintendents of schools" Insert "ªOR SUPERINTENDENTS OF SCHOOLSß" Reletter the following subparagraphs accordingly. Page 19, lines 14 - 15: Delete "school district, regional educational attendance area," Insert "ªSCHOOL DISTRICT, REGIONAL EDUCATIONAL ATTENDANCE AREA,ß" Page 19, line 28, through page 20, line 1: Delete "(17) ª(8)ß "regional educational attendance area" means an educational service area in the unorganized borough that may or may not include a military reservation ª,ß and that contains one or more public schools of grade levels K - 12 or any portion of those grade levels that are to be operated under the management and control of a single regional school board;" Insert "ª(8) "REGIONAL EDUCATIONAL ATTENDANCE AREA" MEANS AN EDUCATIONAL SERVICE AREA IN THE UNORGANIZED BOROUGH THAT MAY OR MAY NOT INCLUDE A MILITARY RESERVATION, AND THAT CONTAINS ONE OR MORE PUBLIC SCHOOLS OF GRADE LEVELS K - 12 OR ANY PORTION OF THOSE GRADE LEVELS THAT ARE TO BE OPERATED UNDER THE MANAGEMENT AND CONTROL OF A SINGLE REGIONAL SCHOOL BOARD;ß" Renumber the following paragraphs accordingly. Page 47, following line 30: Insert a new bill section to read: "* Sec. 38. AS23 is amended by adding a new chapter to read: Chapter 43. Public School Employment Relations. 1997-04-21 Senate Journal Page 1355 SB 151 Sec. 23.43.070. Declaration of policy. The legislature finds that joint decision-making is the modern way of administering government. If employees of the public schools have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective. The legislature further finds that the enactment of positive legislation establishing guidelines for public employment relations is the best way to harness and direct the energies of employees of public schools eager to have a voice in determining their conditions of work, to provide a rational method for dealing with disputes and work stoppages, to strengthen the merit principle where civil service is in effect, and to maintain a favorable political and social environment. The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between public schools and their employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by (1) recognizing the right of public school employees to organize for the purpose of collective bargaining; (2) requiring those employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment; (3) maintaining merit-system principles among public school employees. Sec. 23.43.075. Items not subject to bargaining. The parties may not negotiate terms contrary to the (1) reemployment rights of the organized militia under AS26.05.075; (2) authority of the Department of Health and Social Services under AS47.27.035 to assign Alaska temporary assistance program participants to a work activity considered appropriate by the Department of Health and Social Services; or (3) authority for agencies to create temporary positions under AS47.27.055(c). 1997-04-21 Senate Journal Page 1356 SB 151 Sec. 23.43.080. Rights of public school employees. Public school employees may self-organize and form, join, or assist an organization to bargain collectively through representatives of their own choosing, and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. Sec. 23.43.090. Collective bargaining unit. The labor relations agency shall decide in each case, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this chapter, the unit appropriate for the purposes of collective bargaining, based on such factors as community of interest, wages, hours, and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees. Bargaining units shall be as large as is reasonable, and unnecessary fragmenting shall be avoided. Sec. 23.43.100. Representatives and elections. (a) The labor relations agency shall investigate a petition if it is submitted in a manner prescribed by the labor relations agency and is (1) by an employee or group of employees or an organization acting in their behalf alleging that 30 percent of the employees of a proposed bargaining unit (A) want to be represented for collective bargaining by a labor or employee organization as exclusive representative; or (B) assert that the organization that has been certified or is currently being recognized by the public employer as bargaining representative is no longer the representative of the majority of employees in the bargaining unit; or (2) by the public employer alleging that one or more organizations have presented to it a claim to be recognized as a representative of a majority of employees in an appropriate unit. (b) If the labor relations agency has reasonable cause to believe that a question of representation exists, it shall provide for an appropriate hearing upon due notice. If the labor relations agency finds that there is a question of representation, it shall direct an election by secret ballot to determine whether or by which organization the employees desire to be represented and shall certify 1997-04-21 Senate Journal Page 1357 SB 151 the results of the election. Nothing in this section prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with the regulations of the labor relations agency or an election in a bargaining unit agreed upon by the parties. The labor relations agency shall determine who is eligible to vote in an election and shall establish rules governing the election. In an election in which none of the choices on the ballot receives a majority of the votes cast, a runoff election shall be conducted, the ballot providing for selection between the two choices receiving the largest and the second largest number of valid votes cast in the election. If an organization receives the majority of the votes cast in the election, it shall be certified by the labor relations agency as exclusive representative of all the employees in the bargaining unit. (c) An election may not be held in a bargaining unit or in a subdivision of a bargaining unit if a valid election has been held within the preceding 12 months. (d) Nothing in this chapter prohibits recognition of an organization as the exclusive representative by a public school by mutual consent. (e) An election may not be directed by the labor relations agency in a bargaining unit in which there is in force a valid collective bargaining agreement, except during a 90-day period preceding the expiration date. However, a collective bargaining agreement may not bar an election upon petition of persons in the bargaining unit but not parties to the agreement if more than three years have elapsed since the execution of the agreement or the last timely renewal, whichever was later. Sec. 23.43.110. Unfair labor practices. (a) A public employer or an agent of a public employer may not (1) interfere with, restrain, or coerce an employee in the exercise of the employee's rights guaranteed in AS23.43.080; (2) dominate or interfere with the formation, existence, or administration of an organization; (3) discriminate in regard to hire or tenure of employment or a term or condition of employment to encourage or discourage membership in an organization; 1997-04-21 Senate Journal Page 1358 SB 151 (4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given testimony under this chapter; (5) refuse to bargain collectively in good faith with an organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative. (b) Nothing in this chapter prohibits a public employer from making an agreement with an organization to require as a condition of employment (1) membership in the organization which represents the unit on or after the 30th day following the beginning of employment or on the effective date of the agreement, whichever is later; or (2) payment by the employee to the exclusive bargaining agent of a service fee to reimburse the exclusive bargaining agent for the expense of representing the members of the bargaining unit. (c) A labor or employee organization or its agents may not (1) restrain or coerce (A) an employee in the exercise of the rights guaranteed in AS23.43.080; or (B) a public employer in the selection of the employer's representative for the purposes of collective bargaining or the adjustment of grievances; (2) refuse to bargain collectively in good faith with a public employer if it has been designated in accordance with the provisions of this chapter as the exclusive representative of employees in an appropriate unit. Sec. 23.43.120. Investigation and conciliation of complaints. If a verified written complaint by or for a person claiming to be aggrieved by a practice prohibited by AS23.43.110, or a written accusation that a person subject to this chapter has engaged in a prohibited practice, is filed with the labor relations agency, it shall investigate the complaint or accusation. If it determines after the preliminary investigation that probable cause exists in support of the complaint or accusation, it shall try to eliminate the prohibited practice by informal methods of conference, 1997-04-21 Senate Journal Page 1359 SB 151 conciliation, and persuasion. Nothing said or done during this endeavor may be used as evidence in a subsequent proceeding. Sec. 23.43.130. Complaint and accusation. If the labor relations agency fails to eliminate the prohibited practice by conciliation and obtain voluntary compliance with this chapter, or, before it attempts conciliation, it may serve a copy of the complaint or accusation upon the respondent. The complaint or accusation and the subsequent procedures shall be handled in accordance with the administrative adjudication portion of AS44.62 (Administrative Procedure Act). Sec. 23.43.140. Orders and decisions. If the labor relations agency finds that a person named in the written complaint or accusation has engaged in a prohibited practice, the labor relations agency shall issue and serve on the person an order or decision requiring the person to cease and desist from the prohibited practice and to take affirmative action which will carry out the provisions of this chapter. If the labor relations agency finds that a person named in the complaint or accusation has not engaged or is not engaging in a prohibited practice, the labor relations agency shall state its findings of fact and issue an order dismissing the complaint or accusation. Sec. 23.43.150. Enforcement by injunction. The labor relations agency may apply to the superior court in the judicial district in which the prohibited practice occurred for an order enjoining the prohibited acts specified in the order or decision of the labor relations agency. Upon a showing by the labor relations agency that the person has engaged or is about to engage in the practice, an injunction, restraining order, or other order that is appropriate may be granted by the court and shall be without bond. Sec. 23.43.160. Power to investigate and compel testimony. (a) For the purpose of the investigations, proceedings, or hearings that the labor relations agency considers necessary to carry out the provisions of this chapter, the labor relations agency may issue subpoenas requiring the attendance and testimony of witnesses and the production of relevant evidence. (b) The labor relations agency may administer oaths, examine witnesses, and receive evidence. 1997-04-21 Senate Journal Page 1360 SB 151 (c) The attendance of witnesses and the production of evidence may be required from any place in the state at any designated place of hearing. (d) If a person refuses to obey a subpoena issued under this chapter, the superior court in the district in which the person resides or is found may, upon application by the labor relations agency, issue an order requiring the person to comply with the subpoena. Sec. 23.43.170. Regulations. The labor relations agency may adopt regulations under AS44.62 (Administrative Procedure Act) to carry out the provisions of this chapter. Sec. 23.43.180. Penalty for violation of order or decision. A person who violates a provision of an order or decision of the labor relations agency is guilty of a misdemeanor and is punishable by a fine of not more than $500. Sec. 23.43.190. Mediation. If, after a reasonable period of negotiation over the terms of a collective bargaining agreement, a deadlock exists between a public employer and an organization, the labor relations agency may appoint a competent, impartial, disinterested person to act as mediator in a dispute either on its own initiative or on the request of one of the parties to the dispute. The parties may also select a mediator by agreement or mutual consent. It is the function of the mediator to bring the parties together voluntarily under such favorable auspices as will tend to effectuate settlement of the dispute, but neither the mediator nor the labor relations agency has a power of compulsion in mediation proceedings. Sec. 23.43.200. Arbitration and the right to strike. (a) If an impasse or deadlock is reached in collective bargaining negotiations, the parties shall submit to advisory arbitration before the employees may engage in a strike. The arbitrator selected to conduct the advisory arbitration must be a member of the American Arbitration Association Panel of Labor Arbitrators or the Federal Mediation and Conciliation Service. In selecting the arbitrator, the parties shall request a list of arbitrators who have knowledge of and recent experience in the local conditions in the school district, regional educational attendance area, or state boarding school. A list containing at least five nominees who meet the qualifications of this subsection is a complete list for the purpose of striking names and 1997-04-21 Senate Journal Page 1361 SB 151 selecting the arbitrator. After advisory arbitration, public school employees may engage in a strike if a majority of the employees in a collective bargaining unit vote by secret ballot to do so. (b) Notwithstanding the provisions of (a) of this section, the employees with the concurrence of the employer may agree in writing to submit a dispute arising from interpretation or application of a collective bargaining agreement to arbitration. (c) The parties to a collective bargaining agreement may provide in the agreement a contract for arbitration to be conducted solely according to AS09.43.010 - 09.43.180 (Uniform Arbitration Act) if the Act is incorporated into the agreement or contract by reference. Sec. 23.43.205. Family leave. Notwithstanding any provision of this chapter to the contrary, an agreement between the employer subject to AS23.10.500 - 23.10.550 and an employee bargaining organization that does not contain benefit provisions at least as beneficial to the employee as those provided by AS23.10.500 - 23.10.550 shall be considered to contain the benefit provisions of those statutes. Sec. 23.43.210. Agreement. Upon the completion of negotiations between an organization and a public employer, if a settlement is reached, the employer shall reduce it to writing in the form of an agreement. The agreement may include a term for which it will remain in effect, not to exceed three years. The agreement shall include a grievance procedure that shall have binding arbitration as its final step. Either party to the agreement has a right of action to enforce the agreement by petition to the labor relations agency. Sec. 23.43.215. Funding and approval. The monetary terms of an agreement entered into under this chapter are subject to funding through legislative appropriation. Sec. 23.43.220. Labor or employee organization dues and employee benefits, deduction, and authorization. Upon written authorization of a public school employee within a bargaining unit, the public employer shall deduct from the payroll of the public school employee the monthly amount of dues, fees, and other employee benefits as certified by the secretary of the exclusive bargaining representative and shall deliver it to the chief fiscal officer of the exclusive bargaining representative. 1997-04-21 Senate Journal Page 1362 SB 151 Sec. 23.43.225. Exemption based on religious convictions. Notwithstanding the provisions of AS23.43.220, a collective bargaining settlement reached, or agreement entered into, under AS23.43.210 that incorporates union security provisions, including but not limited to a union shop or agency shop provision or agreement, shall safeguard the rights of nonassociation of employees having bona fide religious convictions based on tenets or teachings of a church or religious body of which an employee is a member. Upon submission of proper proof of religious conviction to the labor relations agency, the agency shall declare the employee exempt from becoming a member of a labor organization or employee association. The employee shall pay an amount of money equivalent to regular union or association dues, initiation fees, and assessments to the union or association. Nonpayment of this money subjects the employee to the same penalty as if it were nonpayment of dues. The receiving union or association shall contribute an equivalent amount of money to a charity of its choice not affiliated with a religious, labor, or employee organization. The union or association shall submit proof of contribution to the labor relations agency. Sec. 23.43.235. Public involvement in school district negotiations. Before beginning bargaining, the school board of a city or borough school district or a regional educational attendance area shall provide opportunities for public comment on the issues to be addressed in the collective bargaining process. Initial proposals, last-best-offer proposals, tentative agreements before ratification, and final agreements reached by the parties are public documents and are subject to inspection and copying under AS09.25.110 - 09.25.140. Sec. 23.43.250. Definitions. In this chapter, unless the context otherwise requires, (1) "collective bargaining" means the performance of the mutual obligation of the public employer or the employer's designated representatives and the representative of the employees to meet at reasonable times, including meetings in advance of the budget making process, and negotiate in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or negotiation of a question arising under an agreement and the execution of a written contract incorporating an agreement reached if requested by either party, but 1997-04-21 Senate Journal Page 1363 SB 151 these obligations do not compel either party to agree to a proposal or require the making of a concession; (2) "election" means a proceeding conducted by the labor relations agency in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for another purpose specified in this chapter; (3) "labor relations agency" means the Alaska labor relations agency established in AS23.05.360; (4) "monetary terms of an agreement" means the changes in the terms and conditions of employment resulting from an agreement that will require an appropriation for their implementation or will result in a change in state revenues or productive work hours for public school employees; (5) "organization" means a labor or employee organization of any kind in which employees participate and that exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of employment; (6) "public employer" means a school district, regional educational attendance area, or the Department of Education with respect to employees of the state boarding school, and a person designated by the public employer to act in its interest in dealing with public school employees; (7) "public school" means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of those officials and that is supported by public funds; (8) "public school employee" or "employee" means an employee of a public school, whether or not in the classified service of the public employer, except elected or appointed officials or superintendents of schools; (9) "regional educational attendance area" means an educational service area in the unorganized borough that may or may not include a military reservation and that contains one or more public schools of grade levels K - 12 or a portion of those grade levels that are to be operated under the management and control of a single regional school board; 1997-04-21 Senate Journal Page 1364 SB 151 (10) "state boarding school" means the state boarding school established under AS14.16; (11) "terms and conditions of employment" means the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees, but does not mean the general policies describing the function and purposes of a public employer. Sec. 23.43.260. Short title. This chapter may be cited as the Public School Employment Relations Act." Renumber the following bill sections accordingly. Page 50, line 29, following "23.40.215(c),": Insert "23.40.235," Senator Duncan moved for the adoption of Amendment No. 5. Senator Pearce objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSSB 151(FIN) Second Reading Amendment No. 5 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Halford, Hoffman, Lincoln, Mackie Nays: Green, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis and so, Amendment No. 5 failed. Senator Duncan offered Amendment No. 6 : 1997-04-21 Senate Journal Page 1365 SB 151 Page 19, lines 4 and 5: Delete (D) part-time employees who work less than 20 hours per work week; Renumber following paragraphs accordingly. Senator Duncan moved for the adoption of Amendment No. 6. Without objection, Amendment No. 6 was adopted. Amendment No. 7 was not offered. Senator Duncan offered Amendment No. 8 : Page 19, line 3: Delete all material. Reletter following paragraphs accordingly. Senator Duncan moved for the adoption of Amendment No. 8. Senator Taylor objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSSB 151(FIN) am Second Reading Amendment No. 8 YEAS: 4 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis and so, Amendment No. 8 failed. 1997-04-21 Senate Journal Page 1366 SB 151 Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 151(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 151(FIN) am An Act relating to public employment labor relations; relating to the protection of the rights of public employees under the Public Employment Relations Act; establishing ethical standards for union representatives of public employees; and establishing disclosure requirements for public employee labor organizations pass the Senate? The roll was taken with the following result: CSSB 151(FIN) am Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Donley, Duncan, Hoffman, Lincoln, Mackie, Phillips Excused: Ellis and so, CS FOR SENATE BILL NO. 151(FIN) am passed the Senate. Senator Duncan gave notice of reconsideration.