Legislature(2007 - 2008)BELTZ 211
03/25/2008 01:30 PM Senate LABOR & COMMERCE
Audio | Topic |
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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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