Legislature(1995 - 1996)
03/31/1995 03:10 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 253
HB 248 - LOCAL EXEMPTION FROM PERA
CHAIRMAN KOTT requested that Joseph Easaw, staff to
Representative Al Vezey, Prime Sponsor of HB 248, give the
sponsor statement.
Number 256
JOSEPH EASAW, LEGISLATIVE ASSISTANT TO REPRESENTATIVE AL VEZEY,
ALASKA STATE LEGISLATURE, read the following sponsor statement:
"The intent of HB 248, `An Act relating to application of the
Public Employment Relations Act to municipalities the option of
removing themselves from PERA.' Under this proposed legislation,
a municipality could make such a decision with the approval of
the voters of the municipality.
"It was the intent of the 1972 legislation to allow
municipalities to opt out of PERA. As the law currently exists,
a municipality under PERA for all practical purposes, cannot
remove themselves. This determination has been brought about by
decisions of the court. This condition has resulted in
diminished control over local self determination.
"Existing legislation as interpreted by the courts has put local
governing bodies in a position where one governing body can
obligate all future governing bodies. This bill is intended to
correct what the legislature has inadvertently allowed the court
to mandate on local governments by placing the decision making
process back into the hands of local governing officials and the
people."
Number 280
CHAIRMAN KOTT asked if there were any questions from the
committee. Hearing none, he stated that there were people in
Juneau and also on the teleconference line that wished to
testify.
VERNON MARSHALL, EXECUTIVE DIRECTOR OF NATIONAL EDUCATION
ASSOCIATION (NEA) ALASKA, testified that NEA Alaska opposes HB
248. This bill would allow municipalities or other political
subdivisions, including school districts, to conduct elections to
determine if employees are to continue to bargain under the
provisions of PERA. He said since the early 70s, state policy
extended the statutory right to bargain to public employees.
School employees struggled over ten years to establish their
rights under PERA. The schools and school employees have
developed a successful pattern of bargaining under PERA for
nearly six years.
MR. MARSHALL stated that if HB 248 is enacted into law, good
faith bargaining would be compromised, giving way to politics.
Page 1, lines 12, 13, and 14, allow voters to annually vote in or
out of PERA. Management or school boards could use that
provision to disrupt bargaining when employees move to bargain in
a particular year. If this is enacted, some school districts
will opt in or continue, some districts would opt out, which
causes inequity. They are concerned about the inequity in school
districts, not only in the area of salaries, but also of rights.
Inequity would be exacerbated. The concern is one of funding for
schools if there's elections for opt in or opt out. The right to
strike was the option that was most agreeable to the parties who
sat down at that time. They have had one strike since the
enactment of the law. That issue was a community issue, and it
concerned the community. This option is a local control option.
He urged the committee not to pass HB 248.
CHAIRMAN KOTT acknowledged Representative Al Vezey had joined the
committee.
Number 355
REPRESENTATIVE AL VEZEY, PRIME SPONSOR OF HB 248, ALASKA STATE
LEGISLATURE, emphasized that HB 248 provided for more democratic
control of local governments. Communities can vote to opt out of
PERA or opt in to PERA.
Number 368
BRUCE LUDWIG, BUSINESS MANAGER, ALASKA PUBLIC EMPLOYEES
ASSOCIATION (APEA); ALASKA FEDERATION OF TEACHERS (AFT); AND
SECRETARY TREASURER, ALASKA STATE AFL-CIO, testified that they
oppose HB 248 because of the instability created by the bill.
They could have bargaining one year and the next year might not
have the right to bargain. HB 248 would make bargaining illegal
absent enabling legislation. He pointed out two situations where
bargaining was illegal. One was in New York under the Taylor
Act, and the other was in Ohio under the Fergussen Act. There
were numerous strikes in both situations, and both laws were
eventually repealed and a collective bargaining statutes were
enacted. In the mid 70s, San Francisco passed Proposition O,
which gave voters the right to approve contracts. Voters have
rights to elect people that would sit on boards who would approve
the contracts. The law specifically says you cannot have a
contract longer than three years. The Supreme Court, in rulings
after the enactment of PERA, defined the mechanism whereby
bargaining comes to a conclusion. You can't keep bargaining
forever. The employer has the right to impose terms if an
agreement is not reached. He said HB 248 might sound good on its
face as a democratic bill, but they believe that it would do
nothing but disrupt local communities and create hardship and
monetary costs.
Number 403
WANDA BONILLAS, VICE PRESIDENT AND RIGHTS CHAIR, KENAI PENINSULA
EDUCATIONAL SUPPORT ASSOCIATION (KPSA), testified from Kenai via
teleconference. She read the following statement:
"Years ago before we were under PERA, all we were permitted to do
was meet and confer with the Administration and hope that they
would listen to some of the things that we were saying. Once we
were under PERA, the Administration was then forced to negotiate
with us and listen to what we were saying. Please do not vote
for a bill that will eliminate our ability to bargain for the
rights we should have."
Number 415
KAREN MAHURIN, PRESIDENT, KPESA, testified from Kenai via
teleconference. She read her statement into the record:
"Since 1981, I have either been a member or chair of our
bargaining team that has bargained the past six negotiated
agreements. Three agreements are under the old Title 14, "meet
and confer" days, one agreement after passage of the collective
bargaining law, and two agreements under PERA.
"Our past two rounds of bargaining under PERA have been the most
productive and positive experiences KPESA has had at the table.
For the first time they were able to clearly define our
bargaining unit - this came about through a genuine give and take
process. We also have agreed to language language in several
areas that both the district and our association had spent
innumerable hours in trying to solve problems and/or grievances
due to unclear and incomplete language. Protected bargaining, as
you know, leads to expense for both the employer and the employee
association, as well as building tensions and frustrations.
"The other important aspect of PERA is access to the Alaska Labor
Relations Agency. Prior to PERA, the only way to settle a
conflict was through the courts. Not only does PERA work for the
employees, but also with the employer. To continue working and
negotiating under PERA means that there is a fair and eqitable
means to finality in the bargaining process and an avenue to
settle labor disputes. PERA provides the employer and the
employee an equal balance.
"If HB 248 becomes law, labor relations between school districts
and school employees would be disrupted. Good faith bargaining
would give way to politics. A majority of the legislators, after
carefully weighing the facts and information, signed the
Declaration of Policy, Section 23.40.070, `The legislature finds
that joint decision making is the modern way of administering
government.'"
She urged the committee to please vote no on HB 248.
Number 450
JACKIE NELSON-LIZARDI, PRESIDENT, THE DELTA-GREELY EDUCATION
SUPPORT PERSONNEL ASSOCIATION, testified via teleconference from
Delta Junction. She read the following statement:
"Please vote against HB 248. Do not propel us back into the dark
ages that existed before PERA. As school employees, we have been
the step children of public employee families for too long.
Title 14 allowed us to be abused by the school board and
administrators across the state. PERA corrected that injustice.
Education employees throughout Alaska have fought long and hard
to achieve the right of due process afforded us through PERA.
Don't (indisc.) time to run up on the equitable treatment of
school employees. Make PERA permanent and extend the right to
school employees which are provided other Alaska Public
Employees. Please vote no on HB 248, thereby, allowing us to
maintain our dignity through equity in bargaining. As a school
employee, we already have to life with the inequity of not being
allowed to receive unemployment compensation during the summer
months in a non-work status, through another legislative edict.
Don't make us your whipping boys for yet another injustice by
passing this reprehensible bill. I'm one of approximately 20,000
education employees in Alaska awaiting your no vote on HB 248.
Thank you for your time and consideration in this matter."
Number 468
TRENA RICHARDSON, REGION III DIRECTOR, NEA-ALASKA, testified via
teleconference from Kenai/Soldotna. She stated that it has only
been in the past few years that school employees have been
allowed to participate as a full member to PERA and with rights
to the Alaska Labor Relations Board. HB 248 has the potential to
create an inequitable (indisc.) system, within the state of
Alaska, where some public and school employees would have the
right to bargain, others would have a very limited rights to
bargain because of the passage of such a law. She believes HB
248 would create instability in communities. The potential to
bargain or not to bargain, would create extremes in (indisc.)
rights, which could cause a constant change in people who are
employed in our schools. A school that has an unstable body of
employees, cannot provide quality education for the students of
Alaska. She commented that people say students are Alaska's most
important resource, and yet it seems that currently students, and
people who are serving students to create an adult population
that will make the state functional in the future, are constantly
taking hits from the legislature and other areas. We have a
republican form of government as Ms. Mahuren stated earlier.
Voters have the right to vote for the people who represent them.
If they don't believe they are being represented fairly in the
deals with their public and school employees, they have the right
to elect another representative. If you truly believe, as a
committee and body, that this form of legislation should work for
collective bargaining, then I would like to suggest that perhaps
the voters of Alaska be allowed to vote on all filings and
benefits for state legislators and the people that work in your
offices. Please defeat HB 248.
Number 493
DON ETHERIDGE, REPRESENTATIVE, DISTRICT COUNCIL OF LABORERS;
PUBLIC EMPLOYEES LOCAL 71, testified in opposition of HB 248.
They feel it's an anti-union bill that denies employees their
right to organize and participate in their wage structures,
working conditions, and safety conditions. It destroys morale
and discourages productivity amongst employees. It politicizes
the public employment of the area. Management dictation would be
enhanced. HB 248 would be a regressive move for public
employees. He told the committee he worked for the state of
Alaska prior to having the right to bargain. They spent a lot of
time with the legislature in trying to get their raise and most
the time they went home with nothing. They were so far down on
the pay scale that as full time employees most of them qualified
for welfare and food stamps. He would hate to see this happen
again.
Number 517
ED FLANAGAN, ASSISTANT COMMISSIONER, DEPARTMENT OF LABOR,
testified, for the record, that the DOL is opposed to HB 248 and
the inherent unfairness of removing a right already granted and
would seriously disrupt labor relations. It would upset a system
system that is already is working. There is nothing democratic
in denying people the right to organize for purposes of free and
fair association.
CHAIRMAN KOTT asked if there was anyone else wishing to testify
on HB 248. Hearing none, he closed public testimony and
reiterated that it was not his intent to move the bill.
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