03/19/1996 02:09 PM House HES

 HR 12 - UNIV. COLLECTIVE BARGAINING CONTRACT                                
                                                                               
 Number 0510                                                                   
                                                                               
 CO-CHAIR BUNDE announced that HR 12, supporting the collective                
 bargaining agreement between the University of Alaska and the                 
 Alaska Community Colleges' Federation of Teachers, was next on the            
 agenda.                                                                       
                                                                               
 REPRESENTATIVE BILL WILLIAMS, sponsor of HR 12, read from a sponsor           
 statement, " I introduced HR 12 on behalf of the Alaska Community             
 College Federation of Teachers (ACCFT).  It is my understanding               
 that on May 8, 1992, the University of Alaska Board of Regents                
 approved a collective bargaining agreement between the University             
 of Alaska and the ACCFT.  In June of 1993, through a change in                
 university policy, the collective bargaining agreement was                    
 compromised.  An April 1995 arbitration decision ruled the original           
 collective bargaining agreement should be fulfilled.  I am asking             
 that the legislature support the ruling of the arbitrator."                   
                                                                               
 Number 0520                                                                   
                                                                               
 RALPH McGRATH, Alaska Community Colleges' Federation of Teachers,             
 said ACCFT represents the full-time staff who teach in vocational,            
 technical, adult basic education, continuing education, the                   
 extended sites of the University of Alaska and are the faculty who            
 are responsible for the 100 and 200 introductory courses.  He said            
 ACCFT has been a faculty organization for over 20 years                       
 representing the interests of the community college component of              
 the University of Alaska.  He said, he believed, that many of the             
 committee members had received support letters from faculty around            
 the state expressing hope and interest that the legislature would             
 support HR 12.                                                                
                                                                               
 Number 0622                                                                   
                                                                               
 MR. McGRATH said the issue involved, is different from many of the            
 other collective bargaining agreements, because it is an existing             
 contract.  He said this contract was negotiated and approved by the           
 Board of Regents in 1992.  He said the regent's policy, adopted as            
 part of the contract, was to compensate faculty for work performed.           
 He said in 1994, the Board of Regents suspended that policy.  He              
 said ACCFT took the matter to arbitration and received the                    
 arbitrator's award last April which upheld the validity of the                
 contract and that the terms agreed upon must be met.                          
                                                                               
 Number 0654                                                                   
                                                                               
 MR. McGRATH said the issue of appropriation to meet this contract             
 came before the legislature.  He said, during the last legislative            
 session, no formal action was taken by the legislature to reject              
 the contracts.  He said ACCFT is familiar with the legal counsel              
 for the legislature, and knows the significance when no action is             
 taken on an issue.  He said this is a problem that was created by             
 the University of Alaska and that they should have met the terms of           
 the contract.  He said the Board of Regents determined the policy,            
 knew the terms of the policy, knew that the contract terms deemed             
 arbitration boards as final and binding.  He said that when the               
 arbitration board says the university shall pay that is what it               
 means.                                                                        
                                                                               
 Number 0659                                                                   
                                                                               
 MR. McGRATH said, because the university still refuses to pay,                
 ACCFT is asking the legislature to support the legal opinion of               
 last year and perhaps to provide a signal to the university, that             
 when they fail to meet the terms of contract, they should be                  
 disciplined and they should not blame the legislature for rejecting           
 their contracts.  He said the university should meet the demands of           
 the contract for the 285 people it represents.                                
                                                                               
 Number 0759                                                                   
                                                                               
 BILL JERMAIN, Attorney, ACCFT, said he was the Deputy Commissioner            
 of Labor for the state of Alaska and drafted the first bills on               
 PERA.  He said there are several things that are obvious in PERA.             
 He said the purpose of PERA is to encourage collective bargaining             
 and to clearly have a separation of powers.  He said the Executive            
 Branch negotiates the contracts while the Legislative Branch                  
 appropriates money.  He said from the history of the legislation              
 there must be an affirmative rejection.  If a agreement is                    
 negotiated and the legislature appropriates general funds for a               
 purpose, those funds go to that purpose.  He said this statement is           
 compatible with the opinion given by Legislative Counsel, Kramer,             
 and one which ACCFT agrees with.  He said if you fail to this, you            
 discourage the collective bargaining process.  He said until you              
 have legislation agreeing to this process, you have a law that                
 states you must meet the terms of your agreement.  He said you                
 would have a situation where you would pay non-representatives out            
 of general appropriation which would create immediate disparity and           
 unfairness.                                                                   
                                                                               
 Number 0869                                                                   
                                                                               
 MR. McGRATH said the problem is complicated by the fact that in               
 collective bargaining agreements, you have a give and take.  He               
 said, in the state of Alaska, there are circumstances where you               
 have established cost savings which could not have been                       
 accomplished any other way except by collective bargaining.  He               
 said the fair labor standards provisions were accomplished through            
 the collective bargaining process, saving the state billions of               
 dollars.  He said the disadvantage is that the state does not fund            
 the financial obligation that was the give and take in that                   
 arrangement.  He said it is the Executive Branch position, that               
 unless you specifically appropriate additional monies for that                
 collective bargaining agreement, the state will not pay their                 
 obligations.  He said if this occurs, then the legislature will               
 always be the "bad guy."                                                      
                                                                               
 Number 0889                                                                   
                                                                               
 MR. McGRATH said the university will negotiate an agreement and               
 then not honor its obligations, looking at the legislature for                
 appropriations.  He said, no matter how much money the legislature            
 gives the university, they are not going to meet their obligation             
 unless the legislature gives them additional money.  He said this             
 practice does not lead to one of fiscal responsibility.                       
                                                                               
 Number 0904                                                                   
                                                                               
 MR. McGRATH said there is litigation dealing with the failure of              
 the university to honor its 1995 obligations.  He said the                    
 university received appropriations from the legislature for 1995,             
 but it has never been given to the community college group.  He               
 said a specific bill was passed stating that the sum of $507,000              
 was appropriated to the University of Alaska for a three year                 
 percent salary adjustment to satisfy those monetary terms of a                
 collective bargaining agreement entered into with ACCFT for the               
 fiscal year ending June 30, 1995.  He said, even though the                   
 legislature expressly appropriated money, the money has not been              
 paid.  He said this legislature has spoken eloquently to fiscal               
 responsibility and added that this situation is not fiscally                  
 responsible by the Executive Branch of government.