Legislature(2021 - 2022)GRUENBERG 120

04/16/2021 08:00 AM House LABOR & COMMERCE

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Audio Topic
08:08:51 AM Start
08:09:32 AM SB87
08:12:56 AM HB145
08:48:54 AM HB149
09:17:40 AM HB125
09:44:03 AM Alaska Workers' Compensation Board
09:44:34 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time & Location Change --
+= SB 87 REINSURANCE; CREDITS TELECONFERENCED
Moved SB 87 Out of Committee
-- Public Testimony --
+= HB 145 EXPAND PHARMACIST AUTHORITY TELECONFERENCED
Moved HB 145 Out of Committee
-- Public Testimony --
+= HB 149 CHILD CARE PROVIDER COLLECTIVE BARGAINING TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 125 MILITARY AND FAMILY EMPLOYMENT PREFERENCE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 149-CHILD CARE PROVIDER COLLECTIVE BARGAINING                                                                    
                                                                                                                                
8:48:54 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ announced  that  the next  order of  business                                                               
would  be  HOUSE BILL  NO.  149,  "An  Act relating  to  allowing                                                               
certain child day  care providers to organize for  the purpose of                                                               
collective bargaining."                                                                                                         
                                                                                                                                
8:49:12 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS,  as prime  sponsor, summarized the  HB 149.   He                                                               
explained  that  it  would  allow  child  care  providers,  which                                                               
include business  owners and employees, to  vote for unionization                                                               
and  subsequently   negotiate  with  the  state   for  wages  and                                                               
benefits.  He  said that unionization would follow  the "Right to                                                               
Work" model,  with membership being  optional, but those  who did                                                               
choose to  join would have wages  and benefits set by  a sectoral                                                               
model  designed   to  raise  both  wages   and  benefits,  reduce                                                               
turnover, and provide a structure  under which members could have                                                               
access  to   better  and  more   affordable  healthcare   and  to                                                               
structured training.                                                                                                            
                                                                                                                                
8:50:54 AM                                                                                                                    
                                                                                                                                
CHRISTINA  EUBANKS testified  in support  of  HB 149.   She  said                                                               
she's been  an early childhood  education provider in  Alaska for                                                               
14 years.   She said  that the poor  wages and benefits  of child                                                               
care providers is detrimental to  working families, and a healthy                                                               
early learning  system depends on  having a variety  of providers                                                               
that  are  well-trained  and well-compensated.    She  said  that                                                               
Alaska's youngest residents experience  alarming rates of adverse                                                               
childhood  experiences,  and  a  quality  early  learning  system                                                               
supports  children  and families  in  building  resiliency.   The                                                               
system in Alaska  doesn't provide the livable  wages necessary to                                                               
keep  a  trained  workforce,  she   said,  with  early  childhood                                                               
educators  among  the  lowest-paid  professionals  in  the  state                                                               
despite the high cost of child care.                                                                                            
                                                                                                                                
MS. EUBANKS  said financial investment  in early  childhood saves                                                               
money in education  and health care costs in the  long term.  The                                                               
majority  of early  childhood educators  live  in poverty,  which                                                               
causes  stress  and decreases  the  ability  of providers  to  be                                                               
attuned to  the needs of  the children in  their care.   Losing a                                                               
child care  provider causes  stress on  the family  and children,                                                               
and with the shortage of  child care providers in Alaska families                                                               
have to  choose a provider  based on what's available  instead of                                                               
on  what's  best  for  the  family  or  child.    She  said  that                                                               
everything  possible  needs to  be  done  to minimize  stress  on                                                               
families,  children,  and  providers,  and  to  keep  child  care                                                               
businesses open, as well as  attract new ones, and to incentivize                                                               
providers.   Allowing independent child care  business owners the                                                               
ability to  engage in collective  bargaining with the  state, she                                                               
said, would  provide a  way to increase  wages and  keep programs                                                               
open.                                                                                                                           
                                                                                                                                
8:54:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY asked  whether  the proposed  legislation                                                               
could reclassify private employees as state employees.                                                                          
                                                                                                                                
8:56:49 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS explained  that the  proposed legislation  would                                                               
not designate child care employees  as public employees.  He said                                                               
that it's  also stated in  the proposed legislation  that nothing                                                               
in  the  unionization  or  collective  bargaining  actions  would                                                               
change  the nature  of the  employee/employer  relationship.   He                                                               
said  that  under  that  provision, the  child  care  sector,  by                                                               
negotiating  as  such,  would   experience  better  outcomes  for                                                               
workers, business  owners, and working parents  who utilize child                                                               
care providers.   He said  that it would not  be a model  used by                                                               
other  sectors of  the  economy because  most  other sectors  are                                                               
under the  purview of  the National  Labor Relations  Act (NLRA).                                                               
He  expressed that  the history  of excluding  domestic and  farm                                                               
workers from  foundational labor  laws allows  space to  create a                                                               
new  model  for  a  collective   bargaining  structure;  the  new                                                               
structure  would not  affect the  industries currently  under the                                                               
purview  of   the  NLRA,  as  those   industries  could  continue                                                               
collective bargaining within the framework of that law.                                                                         
                                                                                                                                
REPRESENTATIVE  MCCARTY  asked, "In  the  work  of Cesar  Chavez,                                                               
didn't he not override what  happened in the 1930s to acknowledge                                                               
those individuals you mentioned?"                                                                                               
                                                                                                                                
CO-CHAIR  FIELDS replied  that he  employed consumer  pressure to                                                               
force  union recognition.   He  said  farm workers,  historically                                                               
excluded from rights under NLRA,  have the ability to petition an                                                               
employer  for   voluntary  recognition  and  may   employ  public                                                               
pressure  to  do so.    Employers  decided that  economic  losses                                                               
resulting  from  boycotts  were  so great,  he  said,  that  they                                                               
decided  to  sign  agreements  with  organizations  such  as  the                                                               
Teamsters or  the United Farm  Workers.  Co-Chair  Fields pointed                                                               
out that Cesar  Chavez figured out a way to  make the system work                                                               
in favor  of workers despite  historic exclusions in  a different                                                               
way than that which is contemplated in the proposed legislation.                                                                
                                                                                                                                
REPRESENTATIVE  MCCARTY asked  whether HB  149 would  allow child                                                               
care  providers to  be subsidized  or whether  supply and  demand                                                               
would remain in effect.                                                                                                         
                                                                                                                                
CO-CHAIR FIELDS explained  that with the passage  of the American                                                               
Rescue Plan  Act of 2021,  the State  of Alaska will  receive $76                                                               
million per year  over what is currently in  receipt in community                                                               
development block grants  for child care.  He  said, "We're going                                                               
to get  a lot  of additional  resources, as  a state,  to support                                                               
child care,  and I think  we have a  choice."  He  expressed that                                                               
the choice was between continuing  to subsidize child care within                                                               
the framework  of the existing  system or expanding  supply while                                                               
raising wages,  using the federal  resources to  reduce turnover,                                                               
improve  working conditions,  and  not raise  prices on  parents.                                                               
It's  only because  of the  infusion of  federal money,  he said,                                                               
that such an  opportunity exists.  Each  employer chooses whether                                                               
or  not to  participate, he  explained, and  evidence from  other                                                               
states' show that  it's a "win-win" situation which  results in a                                                               
larger  pool for  health care  and training  programs along  with                                                               
reduced turnover resulting from higher wages and benefits.                                                                      
                                                                                                                                
REPRESENTATIVE MCCARTY expressed the  belief that subsidizing one                                                               
industry sets a precedent for all businesses to be subsidized.                                                                  
                                                                                                                                
CO-CHAIR FIELDS  replied that child care  subsidies will continue                                                               
to exist whether or not HB 149  is passed; the question is how to                                                               
best  structure  subsidies  to  meet the  needs  of  parents  and                                                               
employers.  He  shared his perspective that  child care subsidies                                                               
currently exist  in a  "broken system" and  pointed out  that the                                                               
amount of  subsidies is determined  by Congress.  He  referred to                                                               
the construction  industry, in which  there are  prevailing wages                                                               
for public  construction and  well-funded state  capital budgets,                                                               
and  said that  someone  working in  construction  can support  a                                                               
family.   "Why have  we made that  decision for  construction but                                                               
not child care?  Aren't they  both important?" he asked.  He said                                                               
that the  goal should  be to strive  to provide  conditions under                                                               
which people can earn a living wage and employers can thrive.                                                                   
                                                                                                                                
9:04:06 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  pointed out that the  hospitality industry is                                                               
subsidized by  low-wage workers  being on  Medicaid.   She stated                                                               
that  a person  can make  more  money working  at Starbucks  than                                                               
caring for children.   She expressed that it's  important to look                                                               
at different  ways of  restructuring the system.   She  said that                                                               
due in  part to the  gender pay gap,  lack of child  care options                                                               
make  it difficult  for  women to  participate  in the  workforce                                                               
because the  parent who  earns less  money is  the one  who stays                                                               
home  with  the  children.    She pointed  out  that  child  care                                                               
consists of  a mostly female workforce  and is disproportionately                                                               
composed of people of color.                                                                                                    
                                                                                                                                
9:06:16 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  noted that it's  important to look at  how other                                                               
developed  countries  handle  child  care.   He  said  that  many                                                               
countries subsidize  at a  much higher level,  which is  a policy                                                               
choice they made.   He expressed that HB 149  represents the most                                                               
affordable and least coercive model he could find.                                                                              
                                                                                                                                
9:07:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN  opined that  the influx of  federal money                                                               
is attractive  when thinking in  terms of building  programs, but                                                               
the unionization  of child  care workers  would result  in higher                                                               
costs.  He  discussed "money printing and the  destruction of the                                                               
dollar"  and stated  his concern  with using  federal money.   He                                                               
asked for  an explanation  of how  unionization would  reduce the                                                               
total cost  of child care.   He then said, "I  think the ultimate                                                               
value of child care rests with -  if a mother can raise the child                                                               
and be with them as much as possible.   That's what I had, and it                                                               
was great."  He said he's  been "working" since he was four years                                                               
old because  his mother had  a job that  would allow her  to take                                                               
her child to work with her.                                                                                                     
                                                                                                                                
CO-CHAIR FIELDS asked Ms. Eubanks  how having a livable wage with                                                               
benefits positively impacts an employer.                                                                                        
                                                                                                                                
9:09:53 AM                                                                                                                    
                                                                                                                                
MS. EUBANKS responded that she  has some really skilled staff who                                                               
she characterized as "meant" to work  in child care but who don't                                                               
see it as  a career option because  the pay is low  and there are                                                               
no benefits such as health care  or retirement.  She said society                                                               
does not commonly have stay-at-home  parents anymore, and parents                                                               
are  often working  more  than  one job  each,  so ensuring  that                                                               
children  are  loved,  cared  for,  and  have  good  memories  is                                                               
essential.                                                                                                                      
                                                                                                                                
9:11:33 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS stated  that when funding such as  the Child Care                                                               
&  Development Block  Grants (CCDBG)  is permanently  authorized,                                                               
it's rational to plan around it.                                                                                                
                                                                                                                                
CO-CHAIR  SPOHNHOLZ   asked  whether  continuing   education  for                                                               
providers  could be  negotiated  for as  part  of the  collective                                                               
bargaining under HB 149.                                                                                                        
                                                                                                                                
CO-CHAIR  FIELDS  replied yes,  and  pointed  out that  in  other                                                               
states  a pool  of  employers working  together  could mean  more                                                               
robust training programs.                                                                                                       
                                                                                                                                
9:12:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN suggested  that  the  "core question"  is                                                               
whether HB  149 would  strengthen the  family or  strengthen "the                                                               
state's approach to raising children."                                                                                          
                                                                                                                                
CO-CHAIR   FIELDS  responded,   "I   think   the  decision   has,                                                               
effectively, been  made ... with  40 years of stagnant  wages for                                                               
the middle  class."  He  referred to Ms. Eubanks'  statement that                                                               
most parents must  work, and economic conditions have  made it so                                                               
that most  working families  must rely  on child  care.   He said                                                               
he's in  support of everyone having  the choice to stay  home and                                                               
raise children, but economic  conditions don't necessarily permit                                                               
the choice.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KAUFMAN opined  that the  transfer of  wealth and                                                               
commerce overseas  is a big reason  for the erosion of  wages and                                                               
discussed  repatriating overseas  companies.   He suggested  that                                                               
building  a  better economy  would  help  strengthen the  nuclear                                                               
family.                                                                                                                         
                                                                                                                                
CO-CHAIR  FIELDS  agreed  and pointed  out  that  countries  with                                                               
strong economies and  high-wage jobs are the  same countries with                                                               
the strongest early child care  and learning programs, as well as                                                               
the strongest career  and technical education programs.   He said                                                               
those  countries  invested in  early  care  and learning  because                                                               
that's  how to  get human  capital to  a point  of being  highly-                                                               
productive workers who are competitive in a global environment.                                                                 
                                                                                                                                
9:15:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ pointed out that  there are many reasons why a                                                               
parent  would  choose to  work  outside  the  home and  that  the                                                               
decision   should  be   made  by   the  family   instead  of   by                                                               
policymakers.   She  suggested  finding a  way  to remediate  the                                                               
outdated structural system of compensation  to ensure that people                                                               
doing critical work are able to live with dignity.                                                                              
                                                                                                                                
[HB 149 was held over.]