Legislature(1997 - 1998)

04/16/1997 08:11 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       SB 151  PUBLIC EMPLOYMENT LABOR RELATIONS                               
                                                                               
       COCHAIR  PEARCE  MOVED for  adoption  of Amendment  #1.                 
       COCHAIR SHARP objected.   Testimony  was heard from  ED                 
       FLANAGAN.  The objection  was withdrawn, and  Amendment                 
       There  being no  objection, Amendment  #2 was  ADOPTED.                 
       COCHAIR  PEARCE  MOVED  Amendment  #3.    COCHAIR SHARP                 
       objected, then withdrew his objection.  Without further                 
       objection, Amendment  #3 was  ADOPTED.   SENATOR  ADAMS                 
       MOVED Amendment #4.   COCHAIR SHARP and  COCHAIR PEARCE                 
       objected.    Amendment #4  FAILED  by  a 3  to  3 vote.                 
       SENATOR  ADAMS  MOVED  Amendment  #5.   COCHAIR  PEARCE                 
       objected.    Amendment #5  FAILED  by  a 3  to  3 vote.                 
       SENATOR  ADAMS  MOVED  Amendment  #6.    COCHAIR PEARCE                 
       objected.    Amendment #6  FAILED  by  a 3  to  3 vote.                 
       SENATOR  ADAMS  MOVED  Amendment  #7.    COCHAIR  SHARP                 
       objected.    Testimony  was  heard   from  ART  CHANCE.                 
       COCHAIR SHARP withdrew his  objection and Amendment  #7                 
       was  ADOPTED.    SENATOR  ADAMS  MOVED   Amendment  #8.                 
       COCHAIR PEARCE objected.  Amendment #8 FAILED by a 3 to                 
       3 vote.   SENATOR ADAMS did  not offer Amendments #9  -                 
       PEARCE objected.   SENATOR  ADAMS  withdrew his  motion                 
       without objection.  COCHAIR SHARP  MOVED Amendment #15.                 
       SENATOR  ADAMS objected,  then withdrew  his objection.                 
       Without further objection,  Amendment #15 was  ADOPTED.                 
       COCHAIR SHARP MOVED Amendment #16. SENATOR DONLEY MOVED                 
       for adoption of an Amendment to Amendment #16.  Without                 
       objection, the Amendment to  Amendment #16 was ADOPTED.                 
       Amendment #16 was  ADOPTED by a  6 to 1 vote.   COCHAIR                 
       SHARP MOVED Amendment  #17.  There being  no objection,                 
       Amendment  #17   was  adopted.    SENATOR  ADAMS  MOVED                 
       Amendment #14.  COCHAIR PEARCE objected.  Amendment #14                 
       FAILED  by  a  2  to  4  vote.   COCHAIR  PEARCE  MOVED                 
       Amendment #18.   COCHAIR SHARP  objected, then withdrew                 
       his objection.   Without  further objection,  Amendment                 
       previous  action  in failing  to  adopt  Amendment #14.                 
       There being no objection, Amendment  #14 was before the                 
       committee.   Amendment #14  FAILED by  a 3  to 4  vote.                 
       COCHAIR PEARCE MOVED CSSB  151(FIN) from committee with                 
       individual  recommendations.   SENATOR  ADAMS objected.                 
       By a  vote of  4 to 3,  CSSB 151(FIN) was  REPORTED OUT                 
                                                                               
                                                                               
       with individual recommendations, a previous fiscal note                 
       from the Department  of Law  (277.0), new fiscal  notes                 
       from the Department of Labor  (263.9), the Court System                 
       (14.7),   and   forthcoming  fiscal   notes   from  the                 
       Department of  Administration  and  the  Department  of                 
       Labor.                                                                  
  SENATE BILL NO. 151                                                          
  "An  Act  relating  to public  employment  labor  relations;                 
  relating to the protection of the rights of public employees                 
  under  the  Public  Employment  Relations Act;  establishing                 
  ethical  standards  for  union  representatives  of   public                 
  employees;  and  establishing  disclosure  requirements  for                 
  public employee labor organizations."                                        
                                                                               
  SENATOR  ADAMS objected  to the  bill  as expensive  and not                 
  needed.    He   cited  previous  legislative   appropriation                 
  concerning Indian Country, audits of native corporations and                 
  believed they should get away from people bashing.                           
                                                                               
  End SFC-97 #112, Side 1, Begin Side 2                                        
                                                                               
  COCHAIR PEARCE MOVED for adoption of  Amendment #1.  COCHAIR                 
  SHARP  objected  for the  purpose  of explanation.   COCHAIR                 
  PEARCE stated  the amendment included employees  of juvenile                 
                                                                               
                                                                               
  detention  facilities in  the list  of  employees prohibited                 
  from striking.                                                               
                                                                               
  SENATOR DONLEY  asked for the  administration's position  on                 
  the amendment.                                                               
                                                                               
  ED  FLANAGAN,  Deputy  Commissioner,  Department  of  Labor,                 
  testified that the amendment would mitigate some of the harm                 
  and  lessen the  negative impact  of  language in  the bill.                 
  There  would  still be  many  employees in  youth correction                 
  facilities eligible to strike, but youth correction officers                 
  would be excluded.  He supported the amendment.                              
                                                                               
  The objection was withdrawn, and Amendment #1 was ADOPTED.                   
                                                                               
  COCHAIR PEARCE MOVED  Amendment #2.   She  explained it  had                 
  been  suggested  by  the  unions  because  of  concern  over                 
  representation  by  labor  organizations.    There  being no                 
  objection, Amendment #2 was ADOPTED.                                         
                                                                               
  COCHAIR PEARCE MOVED Amendment #3.   COCHAIR SHARP objected.                 
  COCHAIR PEARCE  explained that the bill was  not intended to                 
  break up  unions and  the amendment  clarified that  certain                 
  bargaining  unions could  continue.    Those affected  would                 
  include  the  Fairbanks  North  Star  Borough  and   another                 
  political subdivision of the state.                                          
  COCHAIR  SHARP  removed  his  objection.    Without  further                 
  objection, Amendment #3 was ADOPTED.                                         
                                                                               
  SENATOR ADAMS MOVED Amendment #4.  COCHAIR SHARP and COCHAIR                 
  PEARCE objected.  SENATOR ADAMS explained that the amendment                 
  decertified all  current unions from  representing any other                 
  public employees if peace officers were members.  He further                 
  explained the impact  of the  legislation on Petersburg  and                 
  that  the  amendment would  cut  some  of the  costs  of the                 
  legislation.     COCHAIR  PEARCE  spoke  to  her  objection,                 
  pointing out that  Amendment #3 fixed the  problem affecting                 
  Petersburg.                                                                  
                                                                               
  A roll call vote was taken on the  MOTION to adopt Amendment                 
  IN FAVOR: Donley, Adams, Phillips                                            
  OPPOSED: Parnell, Pearce, Sharp                                              
  Amendment #4 FAILED by a 3 to 3 vote.                                        
                                                                               
  SENATOR ADAMS MOVED Amendment #5.   COCHAIR PEARCE objected.                 
  SENATOR ADAMS  explained that  the amendment  eliminated the                 
  findings in Section 1.  SENATOR DONLEY spoke in favor of the                 
  amendment,   stating   that   the   findings  language   was                 
  inflammatory and not necessary.  COCHAIR PEARCE spoke to her                 
  opposition.   She commented  that it  was inflammatory  that                 
  members of public unions had  hired private investigators to                 
  investigate legislative members to find  something to use to                 
  blackmail them in a vote, which happened last session.                       
                                                                               
                                                                               
  SENATOR PHILLIPS declared a conflict of  interest concerning                 
  the legislation in  that his wife  was a state employee  and                 
  asked to refrain from voting.  COCHAIR SHARP objected.                       
                                                                               
  A roll call vote was taken  on the MOTION to adopt Amendment                 
  IN FAVOR: Adams, Phillips, Donley                                            
  OPPOSED: Parnell, Pearce, Sharp                                              
  Amendment #5 FAILED by a 3 to 3 vote.                                        
                                                                               
  SENATOR ADAMS MOVED Amendment #6.   COCHAIR PEARCE objected.                 
  SENATOR ADAMS  explained  that  the  amendment  deleted  the                 
  federal labor management reporting and  disclosure act being                 
  rolled into  PERA and spoke to the cost.  Discussion was had                 
  among  COCHAIR PEARCE, SENATORS  ADAMS, DONLEY  and PHILLIPS                 
  regarding the amendment.                                                     
  A roll call vote was taken on the  MOTION to adopt Amendment                 
  IN FAVOR: Phillips, Donley, Adams                                            
  OPPOSED: Parnell, Pearce, Sharp                                              
                                                                               
  Amendment #6 FAILED by a 3 to 3 vote.                                        
                                                                               
  SENATOR ADAMS MOVED  Amendment #7.  COCHAIR  SHARP objected.                 
  SENATOR ADAMS explained that the  amendment would delete the                 
  provision to  allow  copying of  a  list of  union  members'                 
  addresses.    COCHAIR  PEARCE  stated  her  support  of  the                 
  amendment.  There was  additional discussion among  members.                 
  SENATOR PARNELL asked to hear from Mr. Chance as he  was not                 
  familiar with labor elections.                                               
                                                                               
  ART CHANCE, Consultant, House and Senate Finance Committees,                 
  stated the way  the current language had  been characterized                 
  was inaccurate.  The language would  insure that a member of                 
  the union could have a list of the membership if the  member                 
  was a  bonafide candidate for office.  It would not make the                 
  list public record.                                                          
                                                                               
  COCHAIR SHARP withdrew  his objection  and Amendment #7  was                 
  ADOPTED.                                                                     
                                                                               
  SENATOR ADAMS MOVED Amendment #8.   COCHAIR PEARCE objected.                 
  SENATOR  ADAMS  explained  that  the  amendment deleted  the                 
  requirement that current arbitration  awards could be funded                 
  within  the state agency budget  if the money was available.                 
  Current  language  in  the bill  would  require  that award,                 
  extensions or modifications  be approved by  the legislature                 
  which would delay settlement of  cases and generate interest                 
  costs.   COCHAIR PEARCE  spoke to  her  objection that  some                 
  modifications had been  large and  should be brought  before                 
  the legislature.   SENATOR ADAMS requested  the department's                 
  response.                                                                    
                                                                               
                                                                               
  MR. FLANAGAN stated that the  amendment would allow interest                 
  arbitrations to stand  and take  effect without waiting  for                 
  legislative approval.                                                        
                                                                               
  A roll call vote  was taken on the MOTION to adopt Amendment                 
  IN FAVOR: Adams, Phillips, Donley                                            
  OPPOSED: Parnell, Pearce, Sharp                                              
  Amendment #8 FAILED by a 3 to 3 vote.                                        
                                                                               
  SENATOR ADAMS did not offer Amendments #9 - #13 as they were                 
  duplicates of previous amendments.                                           
                                                                               
  SENATOR ADAMS MOVED Amendment #14.  COCHAIR PEARCE objected.                 
  SENATOR ADAMS explained that the amendment exempted anything                 
  having to do  with NEA and  established a separate PERA  for                 
  school employees.   SENATOR DONLEY  asked to  hear from  the                 
  department on the amendment.                                                 
                                                                               
                                                                               
  MR. FLANAGAN explained that it left school employees in  the                 
  status quo  and lessened the impact and workload of required                 
  reporting.  He was supportive of the amendment.                              
                                                                               
  COCHAIR  PEARCE  informed  the  committee  that  she  had  a                 
  forthcoming amendment that  would remove  NEA from the  bill                 
  and asked SENATOR  ADAMS to withdraw his amendment.  SENATOR                 
  ADAMS withdrew his motion without objection.                                 
                                                                               
  COCHAIR SHARP MOVED  a conceptual  Amendment #15 that  would                 
  change a  majority of  the total  number of  employees in  a                 
  union  to  a total  number of  employees  voting in  a union                 
  election.  SENATOR ADAMS objected and requested comment from                 
  the department.                                                              
                                                                               
  MR.  FLANAGAN  stated that  the  amendment addressed  one of                 
  their many concerns and he was supportive.                                   
                                                                               
  SENATOR  ADAMS  withdrew  his objection.    Without  further                 
  objection, Amendment #15 was ADOPTED.                                        
                                                                               
  COCHAIR SHARP MOVED  Amendment #16.   He  explained that  it                 
  excluded  unpaid  volunteers,  such  as  shop  stewards  and                 
  chapter representatives, from reporting requirements.                        
                                                                               
  End SFC-97 #112, Side 2                                                      
  Begin SFC-97 #113, Side 1                                                    
                                                                               
  SENATOR  DONLEY  MOVED  for  adoption  of  an  Amendment  to                 
  Amendment #16 to add the  language "other than reimbursement                 
  for actual expenses."                                                        
  Without  objection,  the  Amendment  to  Amendment  #16  was                 
  ADOPTED.                                                                     
                                                                               
                                                                               
  COCHAIR PEARCE objected to Amendment  #16 for the purpose of                 
  hearing from Mr. Chance on the section.                                      
                                                                               
  MR. CHANCE  stated the section did not require a generalized                 
  reporting  by officers,  stewards or  representatives unless                 
  they did certain  things, such  as exchanging  money with  a                 
  public employer or  engaging in  a business relationship  or                 
  contract with a public employer.                                             
                                                                               
  MR. FLANAGAN didn't dispute Mr.  Chances interpretation.  He                 
  gave an example and  stated that it would lessen  the number                 
  of  people  required  to  report   and  thereby  reduce  the                 
  workload.  He supported the amendment.                                       
                                                                               
  SENATOR  DONLEY  inquired  about  what  would   trigger  the                 
  disclosure reporting.  MR. CHANCE and MR. FLANAGAN responded                 
  to the questions.                                                            
                                                                               
  A  roll call vote was taken on the MOTION to adopt Amendment                 
  IN  FAVOR:  Phillips,  Donley,  Torgerson, Parnell,  Pearce,                 
  Sharp                                                                        
  OPPOSED: Adams                                                               
  Amendment #16 as amended was ADOPTED by a 6 to 1 vote.                       
                                                                               
  COCHAIR SHARP MOVED Amendment #17.  He explained that it was                 
  intended to address  the problem of making a contribution to                 
  a state or local candidate for public office.   It would not                 
  be  reportable  if it  was  $100  or less,  similar  to APOC                 
  requirements.     There  was  brief  discussion.     Without                 
  objection, Amendment #17 was adopted.                                        
                                                                               
  COCHAIR PEARCE brought  up Amendment #14  previously offered                 
  by  SENATOR ADAMS,  and  noted she  had  Amendment #18  that                 
  exempted NEA.  She noted Amendment #14 exempted NEA from the                 
  entire bill, whereas  Amendment #18  exempted them from  the                 
  reporting requirements.                                                      
                                                                               
  SENATOR ADAMS MOVED Amendment #14.  COCHAIR PEARCE objected.                 
  There was brief discussion.                                                  
                                                                               
  A roll call  vote was taken on the MOTION to adopt Amendment                 
  IN FAVOR: Adams, Phillips                                                    
  OPPOSED: Torgerson, Parnell, Pearce, Sharp                                   
  Amendment #14 FAILED by a 2 to 4 vote.                                       
                                                                               
  COCHAIR PEARCE MOVED Amendment #18.   COCHAIR SHARP objected                 
  for the purpose of explanation.                                              
                                                                               
  MR. CHANCE described  the amendment.   It would clarify  the                 
  cost  that  could  be charged  to  a  fee  payer to  include                 
  contract administration.   Also, if an organization  had its                 
                                                                               
                                                                               
  fee established by  arbitration or court action,  the filing                 
  with the commissioner  of Labor would satisfy  the reporting                 
  requirement for labor organizations.  It that was done, then                 
  the  officers  and  employees  would   be  exempt  from  the                 
  individual  reporting  requirements.     It  would  avoid  a                 
  duplication of effort.                                                       
  COCHAIR  SHARP  withdrew  his  objection.   Without  further                 
  objection, Amendment #18 was ADOPTED.                                        
                                                                               
  SENATOR  DONLEY  stated  for  the   record  his  support  of                 
  Amendment #14.                                                               
                                                                               
  SENATOR ADAMS MOVED to rescind previous action in failing to                 
  adopt Amendment #14.   There  being no objection,  Amendment                 
                                                                               
  A roll call vote was taken  on the MOTION to adopt Amendment                 
  IN FAVOR: Adams, Phillips, Donley                                            
  OPPOSED: Torgerson, Parnell, Pearce, Sharp                                   
  Amendment #14 FAILED by a 3 to 4 vote.                                       
                                                                               
  COCHAIR  PEARCE  MOVED  CSSB  151(FIN)  from committee  with                 
  individual  recommendations.   SENATOR ADAMS  objected.   He                 
  pointed  out  there  had  been  no  public  support  to  the                 
  legislation and he  believed it was  bad public policy.   He                 
  reiterated  previous   comments  in  opposition.     SENATOR                 
  PHILLIPS had concern that  it was the wrong approach  to get                 
  at the problem, instead it gets at the "rank and file."                      
  A roll call vote was taken on the MOTION.                                    
  IN FAVOR: Parnell, Torgerson, Pearce, Sharp                                  
  OPPOSED: Adams, Phillips, Donley                                             
  By  a vote of  4 to 3,  CSSB 151(FIN) was  REPORTED OUT with                 
  individual  recommendations, a previous fiscal note from the                 
  Department  of  Law  (277.0),  new  fiscal  notes  from  the                 
  Department of Labor  (263.9), the  Court System (14.7),  and                 
  forthcoming   fiscal   notes   from    the   Department   of                 
  Administration and the Department of Labor.                                  

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