04/26/2023 03:15 PM House LABOR & COMMERCE

         HB 91-PUBLIC EMPLOYEES' UNION DUES DEDUCTIONS                                                                      
                                                                                                                                
3:24:01 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 91,  "An Act  relating to  deduction of  labor or                                                               
employee  organization  dues or  service  fees  from the  pay  of                                                               
certain public employees; and providing for an effective date."                                                                 
                                                                                                                                
3:24:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KEVIN  MCCABE, Alaska State Legislature,  as prime                                                               
sponsor,  introduced  HB  91.     He  stated  that  the  proposed                                                               
legislation  would bring  Alaska in  line with  the U.S.  Supreme                                                               
Court decision,  Janus v. American  Federation of  State, County,                                                             
and  Municipal  Employees, Council  31,  No.  16-1466, 585  U.S.,                                                             
(2018).   He stated  that the  proposed legislation  would ensure                                                               
that public employees  have full knowledge and  give full consent                                                               
before  union dues  are deducted  from paychecks.   He  said that                                                               
consent to  union dues would occur  on an annual basis  to ensure                                                               
that it does not become "stale."                                                                                                
                                                                                                                                
3:27:54 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:27 p.m. to 3:28 p.m.                                                                       
                                                                                                                                
3:28:4PM                                                                                                                      
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  moved to  adopt the  proposed committee                                                               
substitute  (CS)   for  HB   91,  Version,   33-LS0499\B,  Klein,                                                               
[3/26/23],  as a  working document.   There  being no  objection,                                                               
Version B was before the committee.                                                                                             
                                                                                                                                
3:29:20 PM                                                                                                                    
                                                                                                                                
VINCENT   VERNUCCIO,   Senior   Policy   Advisor,   Workers   for                                                               
Opportunity, provided  invited testimony on  Version B of  HB 91.                                                               
He  expressed support  for the  proposed  legislation because  it                                                               
would allow state employees to  have a choice whether they become                                                               
members of  a union.   He stated that  the bill would  give those                                                               
workers knowledge of  their rights and the  annual opportunity to                                                               
exercise them.   He advised  that similar bills are  being passed                                                               
in other states.  He said  that this brings the choice of whether                                                               
to be  a union member in  line with other consumer  choices, such                                                               
as open enrollment in healthcare programs.                                                                                      
                                                                                                                                
3:32:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FIELDS   questioned    the   funding   for   the                                                               
organization, Workers for Opportunity.                                                                                          
                                                                                                                                
MR.  VERNUCCIO answered  that the  Workers for  Opportunity is  a                                                               
501(c)(3) organization,  meaning that  the individual  donors are                                                               
confidential.   He  added that  the  donors are  from across  the                                                               
country.                                                                                                                        
                                                                                                                                
3:33:51 PM                                                                                                                    
                                                                                                                                
MARK  JANUS,  representing self,  stated  that  he was  the  lead                                                               
plaintiff  in the  U.S. Supreme  Court case  [mentioned earlier].                                                               
He  cited  Justice Samuel  Alito's  opinion,  which related  that                                                               
affirmative  consent is  required  to take  union  dues from  the                                                               
paychecks  of public  employees.    He stated  that  HB 91  would                                                               
reinforce this  idea.   He added that  many public  employees are                                                               
still  unaware  they  have  the   option  to  resign  from  union                                                               
membership, which  the bill aims to  correct.  He argued  that it                                                               
is a  First Amendment issue  because union members give  up those                                                               
rights during the collective bargaining process.                                                                                
                                                                                                                                
3:38:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked whether the court's  decision requires                                                               
public employees to be notified of their rights.                                                                                
                                                                                                                                
3:38:44 PM                                                                                                                    
                                                                                                                                
BUDDY  WHITT, Staff,  Representative Kevin  McCabe, Alaska  State                                                               
Legislature, on  behalf of  Representative McCabe,  prime sponsor                                                               
of HB 91, expressed uncertainty.                                                                                                
                                                                                                                                
3:39:02 PM                                                                                                                    
                                                                                                                                
MR.  VERNUCCIO answered  that Justice  Samuel  Alito referred  to                                                               
affirmative  consent   in  his   opinion,  meaning   that  public                                                               
employees would be required to be given notification.                                                                           
                                                                                                                                
3:40:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked what  the most common  objection is                                                               
to this position.                                                                                                               
                                                                                                                                
MR.  JANUS answered  that he  believes unions  have strayed  from                                                               
their core purpose of improving  working conditions and wages for                                                               
members.   He said  that he  has seen unions  create new  ways to                                                               
keep members  from understanding  their rights  when it  comes to                                                               
membership.   In response to  a follow-up question, he  said that                                                               
the U.S. Supreme  Court case had resulted in  a previous decision                                                               
being overturned.                                                                                                               
                                                                                                                                
3:42:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  asked for an  example of a way  any union                                                               
keeps its members from leaving.                                                                                                 
                                                                                                                                
MR. JANUS answered that  he has heard of a case  in which a union                                                               
member was informed that in order  to leave the union, they would                                                               
be required  to send a  letter to a  certain address with  a P.O.                                                               
box, which  was subsequently closed; therefore,  the letter never                                                               
arrived.   In response to a  follow-up question, he said  that he                                                               
does not have data showing the frequency of such occurrences.                                                                   
                                                                                                                                
3:44:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS asked where Mr. Janus is now employed.                                                                    
                                                                                                                                
MR. JANICE  answered that he  is employed by the  Liberty Justice                                                               
Center.  He reiterated that he is speaking on behalf of himself.                                                                
                                                                                                                                
3:45:06 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that HB 91, Version B, was held over.                                                                    
                                                                                                                                
3:45:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE noted  that there  would be  a new  fiscal                                                               
note.