Legislature(2005 - 2006)BELTZ 211

04/12/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
* SCR 8 COOK INLET GAS GATHERING SYSTEM COMPLAINT
Moved SCR 8 Out of Committee
HB 95 PUBLIC HEALTH DISASTERS/EMERGENCIES
Heard & Held
Bills Previously Heard/Scheduled
= SB 152 APPROP: COST-OF-LIVING SURVEY
Moved CSSB 152(STA) Out of Committee
              SB 152-APPROP: COST-OF-LIVING SURVEY                                                                          
                                                                                                                              
CHAIR GENE THERRIAULT  announced SB 152 to be the  first order of                                                               
business.  He  recognized  Ms.   Seitz  and  noted  the  proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
AMY SEITZ,  Staff to Senator  Wagoner, reminded members  that the                                                               
issue  of using  Seattle as  the out-of-state  reference for  the                                                               
cost-of-living survey was discussed at  a previous hearing on the                                                               
bill.  The discussion  centered  on the  fact  that the  cost-of-                                                               
living  in  Seattle  has  increased so  much  that  Alaska  state                                                               
employees living in Seattle would  get a higher pay increase than                                                               
in-state  employees.  The  proposed amendment  would  change  the                                                               
location  for  the cost-of-living  survey  to  the greater  Puget                                                               
Sound area.                                                                                                                     
                                                                                                                                
SENATOR  THOMAS WAGONER  motioned to  adopt Amendment  1, labeled                                                               
A.1.                                                                                                                            
                                                                                                                                
CHAIR  THERRIAULT announced  that without  objection, the  motion                                                               
carried.                                                                                                                        
                                                                                                                                
3:41:35 PM                                                                                                                    
                                                                                                                                
MS. SEITZ told  members the cost of the study  was also discussed                                                               
and most members feel $500,000 is reasonable.                                                                                   
                                                                                                                                
CHAIR  THERRIAULT said  he anticipates  that  the Senate  Finance                                                               
Committee would  wrap the cost  into a larger  appropriation bill                                                               
and consider the amount at that time.                                                                                           
                                                                                                                                
SENATOR WAGONER asked  that the Administration speak  to the cost                                                               
of the study and how the findings would be implemented.                                                                         
                                                                                                                                
ART   CHANCE,   Director,    Labor   Relations,   Department   of                                                               
Administration, felt  confident the  state could get  a competent                                                               
survey  for   $500,000.  He   said  he   does  not   believe  the                                                               
implementation  costs   of  the   1984  study  were   ever  truly                                                               
determined. Many  of the findings were  implemented through union                                                               
negotiations  and arbitrations  - the  process of  implementation                                                               
created considerable controversy. He  said unless the legislation                                                               
specifically  says otherwise,  the  study's  findings would  just                                                               
count as a  suggestion for employees whose  wages are established                                                               
by collective bargaining. He further stated:                                                                                    
                                                                                                                                
     To the  extent that  we still  recognize it,  and we've                                                                    
     sort  of changed  the way  we pay  those people,  their                                                                    
     contracts  still reflect  the  old  federal 25  percent                                                                    
     differential  for  cost  of  living  -  never  able  to                                                                    
     successfully  truly  change  that.   We  were  able  to                                                                    
     bargain  and  adjudicate  implementation with  all  the                                                                    
     other  represented employees  the  results  of the  '84                                                                    
     study. It wasn't until ...  the '89 round of bargaining                                                                    
     that we  actually got it  all implemented,  applying to                                                                    
     all  other  represented   employees  of  the  executive                                                                    
     branch. To  make it apply  to non-union  employees, you                                                                    
     would have  to enact  it in  statute as  a part  of the                                                                    
     39.27.011 state pay plan.                                                                                                  
                                                                                                                                
     The  Administration  has  taken  no  position  on  this                                                                    
     aspect of  it but I can  tell you that I  do not relish                                                                    
     the idea of  having to bargain all of this  into all of                                                                    
     our contracts and if I were  to have to bargain that, I                                                                    
     would be  over here asking  you for money for  the next                                                                    
     round   of  bargaining   to  support   that  bargaining                                                                    
     endeavor,  particularly  with  those  units  that  have                                                                    
     interest arbitration.                                                                                                      
                                                                                                                                
     For those of you who  aren't intimate to the collective                                                                    
     bargaining process,  those employees who  cannot strike                                                                    
     if we do  not agree with them  voluntarily, they submit                                                                    
     their  proposals to  an arbitrator,  the state  submits                                                                    
     its and the  arbitrator decides. To get  such a general                                                                    
     state study into those contracts  I would probably have                                                                    
     to hire  the contractor and maybe  some other economist                                                                    
     to come in and testify  to that interest arbitrator and                                                                    
     convince  them -  have the  arbitrators agree  with the                                                                    
     state that  the results of  such a study are,  in fact,                                                                    
     the  differentials  that  should be  applied  to  those                                                                    
     contracts.  That's  particularly   important  with  the                                                                    
     state troopers, since  they are all over  the state and                                                                    
     tend  to be  in some  of  the higher  cost areas.  I'll                                                                    
     guarantee you  if a new  study were to reflect  a lower                                                                    
     differential to  that which  they currently  have, they                                                                    
     would resist it vehemently.  It's somewhat important to                                                                    
     some  institution employees.  We  do have  correctional                                                                    
     facilities and  correctional officers, which  are class                                                                    
     1 in Nome, Bethel, and  there's long been agitation for                                                                    
     a geographic differential for Spring Creek.                                                                                
                                                                                                                                
     So these are  all things that we would  have to contest                                                                    
     either  through  a   negotiated  agreement  or  through                                                                    
     interest  arbitration.  And  then  the  legislature  to                                                                    
     apply it  to non-covered employees would  have to enact                                                                    
     it  in statute  and  the results  of  the '84,  despite                                                                    
     several   attempts,  have   never  been   enacted  into                                                                    
     statute.                                                                                                                   
                                                                                                                                
3:47:32 PM                                                                                                                    
                                                                                                                                
SENATOR WAGONER asked  what would happen if  the federal cost-of-                                                               
living  allowance  (COLA)  goes away,  particularly  with  marine                                                               
highway employees.                                                                                                              
                                                                                                                                
MR.   CHANCE  responded   marine  highway   employees  have   had                                                               
collective bargaining long before PERA, perhaps since 1962.                                                                     
                                                                                                                                
SENATOR ELTON  asked if this  bill obligates the DOA  to contract                                                               
for a study sometime in the  next fiscal year. He anticipated the                                                               
contract obligation to be fulfilled 18 to 24 months from now.                                                                   
                                                                                                                                
MR. CHANCE  said it could be  sooner. He thought an  RFP could be                                                               
out on  the street by  September. He  thought most of  the survey                                                               
could be  completed in  that fiscal year  but assumed  the remote                                                               
site  and statistical  data would  be done  in the  second fiscal                                                               
year.  He noted  the Division  of Personnel  has a  good research                                                               
section so it would not be starting from scratch.                                                                               
                                                                                                                                
SENATOR  KIM ELTON  said it  appears the  report will  go to  the                                                               
executive branch and not to the legislature.                                                                                    
                                                                                                                                
CHAIR THERRIAULT  said the  money would  be appropriated  to DOA,                                                               
which would conduct the study.                                                                                                  
                                                                                                                                
SENATOR ELTON asked if DOA would  incur any obligation to vet the                                                               
study.                                                                                                                          
                                                                                                                                
MR.  CHANCE  maintained that  DOA  would  have an  obligation  to                                                               
manage it. He anticipates the  Division of Personnel would make a                                                               
proposal  to  the  legislature  to   adopt  some  sort  of  state                                                               
personnel pay plan  to replace the current plan. It  would be his                                                               
job to  follow the  legislative directive  to achieve  success in                                                               
bargaining.                                                                                                                     
                                                                                                                                
3:52:48 PM                                                                                                                    
                                                                                                                                
CHAIR  THERRIAULT  informed members  the  bill  does not  have  a                                                               
fiscal note because it is an appropriation bill.                                                                                
                                                                                                                                
3:52:55 PM                                                                                                                    
                                                                                                                                
SENATOR  WAGONER motioned  to report  CSSB 152(STA)  and attached                                                               
fiscal  notes  from  committee with  individual  recommendations.                                                               
There being no objection, it was so ordered.                                                                                    

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