03/10/2015 01:30 PM Senate LABOR & COMMERCE

         SB  44-RELIGIOUS UNION EXEMPTION: PERA & AKRR                                                                      
                                                                                                                                
2:33:35 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SB  44. "An  Act                                                               
relating  to the  religious exemptions  in the  Public Employment                                                               
Relations Act and the Alaska Railroad Corporation Act."                                                                         
                                                                                                                                
SENATOR  CATHY GIESSEL,  sponsor  of SB  44,  explained that  the                                                               
legislation changes  a provision in [AS  23.40.225] that provides                                                               
a religious exemption for a  public employee in a bargaining unit                                                               
from paying union  dues. As currently written,  the employee pays                                                               
the  equivalent  of  the  union  dues  and  the  receiving  union                                                               
contributes the money to a charity  of its choice. SB 44 provides                                                               
that the union  shall contribute the equivalent of the  dues to a                                                               
charity of the employee's choice.  She noted that this would also                                                               
cover the Alaska Railroad union.                                                                                                
                                                                                                                                
2:35:03 PM                                                                                                                    
FORREST WOLFE,  Staff, Senator Cathy  Giessel, offered  to answer                                                               
questions related to SB 44.                                                                                                     
                                                                                                                                
CHAIR COSTELLO asked  for some background on  the introduction of                                                               
the legislation.                                                                                                                
                                                                                                                                
MR. WOLFE said he received a  letter today from a person who said                                                               
she was a member of the NEA for  20 years and her dues were given                                                               
to  charities she  didn't support.  He imagined  that there  were                                                               
other examples.                                                                                                                 
                                                                                                                                
CHAIR COSTELLO asked  if he would categorize  this legislation as                                                               
a matter of freedom of speech.                                                                                                  
                                                                                                                                
MR. WOLFE  replied it's  about freedom of  speech and  freedom of                                                               
religion.                                                                                                                       
                                                                                                                                
2:37:36 PM                                                                                                                    
GREGORY   HAMILTON,   President,  Northwest   Religious   Liberty                                                               
Association (NRLA), testified  in support of SB 44.  He said NRLA                                                               
represents the  Seventh Day  Adventist Church  and any  person or                                                               
institution  of faith  in  a  five state  region  to advance  the                                                               
separation  of  church  and  state   and  the  free  exercise  of                                                               
religion. NRLA  also mediates and  litigates Title  VII religious                                                               
discrimination in the workplace as  well as labor union exemption                                                               
requests.                                                                                                                       
                                                                                                                                
MR.  HAMILTON opined  that the  bill makes  just a  modest change                                                               
because the  way contract bargaining  law has worked is  that the                                                               
union can have  the ultimate say about what charity  the money is                                                               
donated to, but  generally there is mutual  agreement. If someone                                                               
wants  to give  outright  to a  religious  organization and  it's                                                               
objectionable  or doesn't  meet the  neutral criteria,  then it's                                                               
turned down.                                                                                                                    
                                                                                                                                
2:42:25 PM                                                                                                                    
MARK TORGERSON, Administrator and  Hearing Examiner, Alaska Labor                                                               
Relations  Agency ("Agency")  Anchorage, Alaska,  stated that  he                                                               
was asked to discuss the  framework of AS 23.40.225. He explained                                                               
that section  225 provides that an  employee who wants to  file a                                                               
request   for  non-association   based   on  bonafide   religious                                                               
convictions must file  a claim with the Agency  along with proper                                                               
proof of their  religious conviction. The Agency  then grants the                                                               
employee  an exemption  and the  receiving  union contributes  an                                                               
equivalent amount of dues, fees,  and assessments to a charity of                                                               
the union's choice.                                                                                                             
                                                                                                                                
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
2:44:37 PM                                                                                                                    
DON ETHRIDGE, Alaska  AFL-CIO, Juneau, AK, stated  that the union                                                               
would like  one small  change in  Section 2  to clarify  that the                                                               
employee cannot  realize personal  gain from  the funds  that are                                                               
donated to a charity of the employee's choice.                                                                                  
                                                                                                                                
2:46:03 PM                                                                                                                    
CAROL CARMAN, representing herself,  Palmer, Alaska, testified in                                                               
support of SB  44. She reported that when she  was working it was                                                               
very  difficult  to get  a  religious  exemption and  she  really                                                               
didn't have  a choice  about where her  dues equivalent  would be                                                               
donated. The National Education  Association (NEA) allowed her to                                                               
select one of the three organizations that the union chose.                                                                     
                                                                                                                                
SENATOR  MEYER asked  the names  of the  three organizations  she                                                               
could select from.                                                                                                              
                                                                                                                                
MS. CARMAN  recalled Beans Cafe  and Salvation Army, but  not the                                                               
third.                                                                                                                          
                                                                                                                                
2:49:04 PM                                                                                                                    
DAVID  NEES, representing  himself, Anchorage,  Alaska, testified                                                               
in support of  SB 44. He stated that the  employee should be able                                                               
to  decide  where  his/her  money goes.  He  cautioned  that  the                                                               
language on page 1, lines  10-13, regarding religious convictions                                                               
based on tenets may be unconstitutional.                                                                                        
                                                                                                                                
2:51:25 PM                                                                                                                    
DAVID BOYLE,  representing himself, Anchorage,  Alaska, testified                                                               
in  support  of   SB  44.  He  said  this   bill  emphasizes  the                                                               
constitutional   rights  of   freedom  of   speech,  freedom   of                                                               
association,  and  freedom  of religion.  It  also  prohibits  an                                                               
individual's  dues   from  going   to  support   non-profits  the                                                               
individual may not agree with philosophically.                                                                                  
                                                                                                                                
2:52:55 PM                                                                                                                    
CHAIR  COSTELLO  closed  public  testimony  and  held  SB  44  in                                                               
committee for further consideration.