Legislature(2007 - 2008)BELTZ 211
03/25/2008 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing - Alcohol Beverage Control Board and Regulatory Commission of Alaska | |
| SB179 | |
| SB77 | |
| SB179 | |
| SJR18 | |
| SB179 | |
| HB289 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 77 | TELECONFERENCED | |
| *+ | SB 305 | TELECONFERENCED | |
| + | SJR 18 | TELECONFERENCED | |
| + | HB 289 | TELECONFERENCED | |
| += | SB 179 | TELECONFERENCED | |
| += | HB 320 | TELECONFERENCED | |
SB 77-USING UNION DUES FOR POLITICAL PURPOSES
2:08:38 PM
CHAIR ELLIS announced SB 77 to be up for consideration.
SENATOR BUNDE, sponsor of SB 77, explained that there is a
difference between union dues and agency fees. An agency fee is
what everyone pays for activities of the union; it's the major
cost to an employee. Recent court cases have held that if a
union wants to use a portion of a member's fee to engage in
political activity, that member can "opt out." Unfortunately in
existing situations, the option comes after the fact. If an
employee's union, for instance, gets involved in a political
activity he disagrees with, he can file a notice of appeal
within 30 days that goes to a committee of the union and six
months or a year later, it will maybe decide to give him his
money back.
SB 77 very simply says we should have an "opt in" rather than an
"opt out" procedure. However, even if he gets his money back, he
can't withdraw the impact on the political activity. This bill
would require getting an "opt in" procedure from the employee
every year that allows the union to use the agency fee for
political activities. He explained that courts have held that
money is political speech and that people should have a lot of
control over it.
2:12:48 PM
SENATOR STEVENS said he is very sympathetic to Senator Bunde's
comments, because they were in the same union. He recalled that
he paid a small amount of dues and an enormous amount of agency
fees and those were moved around without his knowledge or
understanding. He asked if dues could also be used for political
purposes.
SENATOR BUNDE said he didn't have an answer, but his experience
is that the dues are nominal and the major fee is the agency
fee.
CHAIR ELLIS asked if something specific motivated this bill.
SENATOR BUNDE replied that he has heard from some folks as well
as having some personal experience. When his wife was a member
of a union that campaigned for his opponent unknown to her at
the time, she researched the issue and found and found she could
ask for her money back. She did receive it, but they had already
campaigned against him.
He said he followed this issue in the State of Washington where
it went to court and the employee prevailed - for an "opt in"
system. While he shared his personal experience, he said, it is
more than just Con Bunde against the universe here.
CHAIR ELLIS asked if this bill targeted a certain type of
operation that he disagreed with, because he is starting to
learn that different unions operate in different ways. Will this
bill affect some and not others?
SENATOR BUNDE said the title is focused on agency fees and
people who pay them should expect more.
2:17:31 PM
MARK TORGERSON, Administrator and Hearing Examiner, Alaska Labor
Relations Agency, Department of Labor and Workforce Development
(DOLWD), said he was available for questions and had a minor
suggestion.
SENATOR STEVENS asked if union dues can be used for political
purposes.
MR. TORGERSON replied the language in the proposed bill
discusses agency fees used for political contributions and
expenditures. Under the Alaska Public Employment Relations Act,
when non-members or employees start employment with the state,
they have 30 days to decide to be union members or non-union
members. If they decide to be a non-union member, they have to
pay, under proposed language, an "agency shop fee." This service
fee can only be used for three purposes based on a U.S. Supreme
Court case. The three purposes are for collective bargaining,
contract administration or grievance adjudication. He explained
that dues are currently divided into the service fee part and
the member's contribution, the smaller of the two.
SENATOR STEVENS asked if the agency fees and member dues of a
member of the union can be used for political purposes.
MR. TORGERSON answered yes; there is no prohibition on members'
fees being used for political purposes. Some unions have
political action committees that employees may join and perhaps
even make an additional contribution to. There is no statutory
prohibition against using a part of the members' dues for
political purposes.
2:21:50 PM
JOHN ALCANTRA, Government Relations Director, National Education
Association (NEA) Alaska, opposed SB 77. He said that about 400
of 13,000 NEA members are agency fee payers. They do not pay a
single dollar towards the political activity of NEA Alaska. Also
they do not contribute to the NEA Alaska Political Action
Committee for Education or the NEA Alaska PACE Committee. Since
"there is absolutely no political involvement through the use of
agency fee payers in the business of NEA Alaska," he asked, what
is the point of this legislation? Aren't there enough real
issues to deal with in the legislative process?
MR. ALCANTRA said that Senator Bunde states his constituents
have said they did not know their agency fees were being used
for political involvement until after the fact. But the fact is
as he stated, that of the NEA agency fee members, not a single
dollar is spent on political activity or campaigning related
activities. This means quite simply that only members pay for
his time in Juneau. NEA Alaska strictly adheres to all the rules
set forth by the legislature and the Alaska Public Offices
Commission; its campaign activity is conducted through NEA
Alaska PACE. His members are protected by the union and this
superfluous bill will do nothing to change that.
2:24:10 PM
SENATOR BUNDE asked why he opposes SB 77 if it doesn't affect
NEA.
MR. ALCANTRA answered it goes into tracking and accounting
issues. NEA's 400 agency payer fees add up to $6,000 and those
don't go into PACE. NEA already does everything this bill is
trying to address.
2:24:57 PM
DON ETHERIDGE, Alaska AFL-CIO, said he was concerned about
having to "opt in" every year instead of once in perpetuity.
That would generate a lot of wasted paper from its 60,000
members.
CHAIR ELLIS held SB 77 for further work.
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