03/23/1999 10:50 AM Senate RLS

                                                                                                                                
CHAIRMAN KELLY announced a proposed Senate Rules Committee                                                                      
substitute had been prepared for HB 80.                                                                                         
                                                                                                                                
CHRIS NELSON, Staff Director to the Joint Committee on Military                                                                 
Bases, discussed the two changes made to the proposed committee                                                                 
substitute.  The first change increases, from three to five, the                                                                
number of preference points for hiring at the request of request of                                                             
the Administration through the Department of Military and Veterans                                                              
Affairs.  That increase will place National Guard members on an                                                                 
equal status with veterans who have served during periods of                                                                    
conflict, and because the Department of Administration expressed                                                                
concern that creating too many categories in the point system could                                                             
complicate the hiring process.  A ten point preference already                                                                  
exists for disabled veterans and prisoners of war.  MR. NELSON                                                                  
informed committee members he has not received any objections to                                                                
this change from any of the veterans groups and that overall                                                                    
support has been bipartisan.                                                                                                    
                                                                                                                                
CHAIRMAN KELLY stated that change is also favored by Pat Pourchot,                                                              
Legislative Director in the Office of the Governor.                                                                             
                                                                                                                                
MR. NELSON explained the second revision provides an employment                                                                 
preference, consistent with the collective bargaining agreements,                                                               
in the event of layoffs.  This revision grants the same employment                                                              
preference to National Guard members as that currently provided to                                                              
disabled veterans, prisoners of war and veterans, in the event that                                                             
layoffs occur.  Public employee bargaining unit representatives                                                                 
were concerned about seniority.  Some of their suggestions were                                                                 
adopted and those representatives have agreed to the changes made                                                               
in the bill.  The actual language change begins on line 18, and                                                                 
reads, "If all job qualifications are equal, a member of the                                                                    
National Guard shall be given preference over a person who is not                                                               
a veteran, prisoner of war, or member of the National Guard."                                                                   
                                                                                                                                
CHAIRMAN KELLY clarified that language draws a middle line between                                                              
changes made by a House committee and what the bargaining units                                                                 
wanted to see.                                                                                                                  
                                                                                                                                
MR. NELSON explained that placing hiring preferences in statute                                                                 
raises the question of whether the prerogatives of the bargaining                                                               
unit are being preempted.  The addition of this language was                                                                    
considered to be a middle ground because it requires that all                                                                   
factors be considered equally.                                                                                                  
                                                                                                                                
Number 181                                                                                                                      
                                                                                                                                
SENATOR ELLIS questioned whether veterans and prisoners of war have                                                             
preference over members of the National Guard.  MR. NELSON said                                                                 
that is how he reads the bill.  The groups are listed in the bill                                                               
in priority and veterans and prisoners of war have a 10 point                                                                   
preference.                                                                                                                     
                                                                                                                                
SENATOR ELLIS asked if the bill creates a hierarchy of preferences                                                              
with prisoners of war at the top of the list.  MR. NELSON said that                                                             
is correct.                                                                                                                     
                                                                                                                                
CHAIRMAN KELLY noted the available pool of veterans and prisoners                                                               
of war in the job market is rapidly diminishing.                                                                                
                                                                                                                                
SENATOR ELLIS asked if the bill in any way interferes with the                                                                  
existing hierarchy of military people for the purpose of hiring                                                                 
preferences.                                                                                                                    
                                                                                                                                
MR. NELSON said it does not.                                                                                                    
                                                                                                                                
SENATOR LEMAN said he reads the bill to change the hierarchy a                                                                  
little bit because it provides a preference equal to the five                                                                   
points added for the passing grade of a veteran.  MR. NELSON agreed                                                             
it changes the hierarchy on the hiring but the bill makes two                                                                   
changes.  It gives a competitive advantage during the hiring                                                                    
process and recognizes that in the event of a layoff, they also                                                                 
have a preference.                                                                                                              
                                                                                                                                
CHAIRMAN KELLY stated that because the bargaining unit is concerned                                                             
that wholesale layoffs will occur, it wanted to place the seniority                                                             
issue in statute.  He felt that would interfere with the collective                                                             
bargaining process because the seniority issue is included in most                                                              
collective bargaining agreements.                                                                                               
                                                                                                                                
SENATOR LEMAN moved to adopt SCSHB 80(RLS).  There being no                                                                     
objection, the motion carried.                                                                                                  
                                                                                                                                
SENATOR LEMAN moved to calendar HB  80-EMPLOYMENT PREFERENCE FOR                                                                
NAT'L GUARD.  There being no objection, the motion carried.