Legislature(2013 - 2014)BUTROVICH 205

02/25/2014 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 106 STATE LAND DISP./LEASEHOLDER PREFERENCE TELECONFERENCED
Moved CSSB 106(STA) Out of Committee
*+ SB 133 KATIE JOHN DAY TELECONFERENCED
Moved SB 133 Out of Committee
*+ SB 182 PUBLIC EMPLOYEE SALARY DIFFERENTIALS TELECONFERENCED
Heard & Held
          SB 182-PUBLIC EMPLOYEE SALARY DIFFERENTIALS                                                                       
                                                                                                                                
10:02:08 AM                                                                                                                   
CHAIR  DYSON,  bill sponsor,  introduced  SB  182, version  N.  He                                                              
noted that  his office  was asked  to consider  the bill  from the                                                              
Administration. He  explained that a  law from 1977  established a                                                              
protocol for Cost  of Living Adjustments (COLA) or  Cost of Living                                                              
Differentials (COLD)  for employees  of the Alaska  Marine Highway                                                              
System  (AMHS)  vessels  that  compared  the  cost  of  living  in                                                              
Seattle, Washington.  He pointed out  that all of the  other state                                                              
employee groups  have a  COLA based upon  Anchorage. He  said data                                                              
shows  that the  cost  of living  for  Anchorage  and Seattle  are                                                              
virtually  equal. He  said SB  182, if  it passes,  will put  AMHS                                                              
employees on  the same COLD  system as all  the rest of  the state                                                              
employees. He  explained that  current bargaining agreements  will                                                              
not  be  changed  and  SB  182  will  only  be  enforced  for  the                                                              
agreements  that come  in  the [future].  He  remarked that  there                                                              
could be  a significant  savings to  the state, especially  during                                                              
tight budget times.                                                                                                             
                                                                                                                                
10:04:25 AM                                                                                                                   
JOSHUA  BANKS, Staff,  Senator  Dyson, Alaska  State  Legislature,                                                              
Juneau, Alaska, announced  that he will provide  a brief sectional                                                              
for SB 182.                                                                                                                     
                                                                                                                                
MR. BANKS addressed Section 1 as follows:                                                                                       
                                                                                                                                
     Adds a subsection  in AS 23.40.075, this is  the section                                                                   
     for  items that are  not subject  to bargaining  between                                                                   
     the state  and public  unions for collective  bargaining                                                                   
     agreements.  This  section  will prohibit  parties  from                                                                   
     adjusting the  salary of instate employees based  on the                                                                   
     difference of  the cost of living in Alaska  and outside                                                                   
     of  Alaska. The  purpose of  this section  is to  ensure                                                                   
     the  legislative  intent  of  taking  out  the  cost  of                                                                   
     living  differential  and it  will not  eliminate  other                                                                   
     options that  the state has  and the public  unions have                                                                   
     to promote  living in the state  of Alaska. We  are most                                                                   
     certainly  in favor  of providing  incentives for  state                                                                   
     employees to live inside the state.                                                                                        
                                                                                                                                
MR. BANKS addressed Section 2 as follows:                                                                                       
                                                                                                                                
     Section  2 will  repeal  AS  23.40.210 and  reenacts  it                                                                   
     without the  statutory requirement  to provide  the cost                                                                   
     of living  differential for employees living  outside of                                                                   
     state based  on the cost of living  differential between                                                                   
     Alaska and Seattle.  The cost of living  differential is                                                                   
     not necessarily  a problematic portion of  this statute,                                                                   
     it  is the  fact that  we have  to  go back  to cost  of                                                                   
     living differential  from 1977 that we felt  we ought to                                                                   
     change  the   statute.  We  want  to  ensure   that  the                                                                   
     benefits  for public employees  reflect current  cost of                                                                   
     living  and  this  statute   as  it  stands  limits  the                                                                   
     ability  to do so.  This section  also deletes  language                                                                   
     used to determine  how an employee will be  eligible for                                                                   
     the cost  of living differential  and the language  that                                                                   
     is  reenacted is  currently in  the law,  so we are  not                                                                   
     adding anything to this section.                                                                                           
                                                                                                                                
10:06:59 AM                                                                                                                   
He addressed Section 3 as follows:                                                                                              
                                                                                                                                
     Section  3   ensures  that  SB  182  will   only  affect                                                                   
     bargaining   agreements   settled   on  or   after   the                                                                   
     effective date.  Agreements passed before  the effective                                                                   
     date   will   still   include   the   cost   of   living                                                                   
     differential for state employees.                                                                                          
                                                                                                                                
He addressed Section 4 as follows:                                                                                              
                                                                                                                                
     Section 4 establishes an immediate effective date.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI asked what bargaining units SB 182 will                                                                    
apply to.                                                                                                                       
                                                                                                                                
MR. BANKS replied that primarily the three maritime unions noted                                                                
in the packets presented to the committee that shows the                                                                        
percentage of the unions that live outside of the state.                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   SB  182  will  apply  to  those                                                              
bargaining  units  within  the state  that  have  geo-differential                                                              
adjustments like Public Safety employees.                                                                                       
                                                                                                                                
MR. BANKS  answered that the bill  will not affect  employees that                                                              
currently  receive COLD.  He  said an  example  is State  Troopers                                                              
receiving  pay adjustments  that compensate  for living in  Bethel                                                              
or Nome.                                                                                                                        
                                                                                                                                
10:08:23 AM                                                                                                                   
SENATOR  WIELECHOWSKI  addressed the  fiscal  note  and set  forth                                                              
that  the collective  bargaining  agreement is  odd.  He asked  to                                                              
verify  that   the  collective   bargaining  agreement   with  the                                                              
International  Organization  of  Masters,  Mates &  Pilots  (MM&P)                                                              
sets a base  salary rate with  an added cost of  living adjustment                                                              
for employees that live in Alaska.                                                                                              
                                                                                                                                
MR.  BANKS  answered yes.  He  explained  that the  adjustment  is                                                              
either paid hourly or a lump sum on top of the monthly salary.                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI asked  to clarify  that the  fiscal note  is                                                              
$7.6 million.  He surmised  that SB 182  would keep the  rates for                                                              
those  that  live outside  the  same  and  drag down  the  Alaskan                                                              
salaries.                                                                                                                       
                                                                                                                                
CHAIR  DYSON  asked  for  the  Administration  to  answer  Senator                                                              
Wielechowski's question.                                                                                                        
                                                                                                                                
10:10:11 AM                                                                                                                   
NICKI NEAL, Director,  Division of Personnel and  Labor Relations,                                                              
Alaska Department of Administration, Juneau, Alaska.                                                                            
                                                                                                                                
10:10:17 AM                                                                                                                   
KATE  SHEEHAN,  Deputy  Director,  Labor  Relations,  Division  of                                                              
Personnel Labor  Relations, Department of Administration,  Juneau,                                                              
Alaska.                                                                                                                         
                                                                                                                                
MS. NEAL stated  that she would provide background  on the cost of                                                              
living differential as follows:                                                                                                 
                                                                                                                                
     AS   23.40.210  requires   that  collective   bargaining                                                                   
     agreements  include  a  pay  plan that  is  designed  to                                                                   
     provide  a Cost  of Living  Differential (COLD)  between                                                                   
     employees  residing in the  state and employees  outside                                                                   
     of  the state.  In 1977,  that  statutory authority  was                                                                   
     amended and  the amendments were targeted at  the marine                                                                   
     units.  Essentially,  the  salaries  paid  to  employees                                                                   
     residing outside  of the state were to  remain unchanged                                                                   
     until  the difference  between  those  salaries and  the                                                                   
     salaries  paid  to  employees   residing  in  the  state                                                                   
     reflects  a difference  between  the cost  of living  in                                                                   
     Alaska  and Seattle.  Essentially, in  1977 the cost  of                                                                   
     living  in   Alaska  was   much  higher  than   Seattle.                                                                   
     Subsequently,   COLD  was  negotiated  into   collective                                                                   
     bargaining  agreements; it  provides  a differential  to                                                                   
     those  living  in Alaska.  Currently  the COLD  for  the                                                                   
     Masters,  Mates  &  Pilots  (MM&P) and  for  the  Marine                                                                   
     Engineers'   Beneficial   Association   (MEBA),   ranged                                                                   
     between  $453.80 to  $664.40 per pay  period; they  have                                                                   
     26  pay  periods period  in  a  year, those  rates  last                                                                   
     changed  in  2007.  The  Inlandboatmen's  Union,  it  is                                                                   
     actually  added to  their  hourly rate;  they  currently                                                                   
     receive  approximately  $4.06  to  $5.05  per  hour  for                                                                   
     COLD.                                                                                                                      
                                                                                                                                
10:12:19 AM                                                                                                                   
CHAIR  DYSON  asked  if the  Inlandboatmen's  Union  members  work                                                              
something 2,000 hours a year.                                                                                                   
                                                                                                                                
MS.  NEAL answered  yes. She  explained  that the  Inlandboatmen's                                                              
Union members work approximately 2,184 hours per year.                                                                          
                                                                                                                                
She continued to explain COLD as follows:                                                                                       
                                                                                                                                
     In 2008, with  funding approved by the  Legislature, the                                                                   
     Division   of    Personnel   conducted    a   geographic                                                                   
     differential  study and  that was done  by the  McDowell                                                                   
     Group; that  study indicates that the cost  of living in                                                                   
     Seattle and Anchorage are about equal.                                                                                     
                                                                                                                                
CHAIR   DYSON  recalled   that   all  of   the  state's   regional                                                              
compensation tied to  the cost of living is based  on Anchorage as                                                              
zero and any other sites are plus or minus.                                                                                     
                                                                                                                                
MS.  NEAL  answered  correct.  She  explained  that  Anchorage  is                                                              
considered as the "base."                                                                                                       
                                                                                                                                
CHAIR DYSON  remarked that those  are pretty significant  numbers.                                                              
He asked if the MM&P members also work 2,184 hours per year.                                                                    
                                                                                                                                
MS. NEAL answered correct.                                                                                                      
                                                                                                                                
CHAIR  DYSON mentioned  speaking  to  various union  members  that                                                              
noted  that part of  the attractiveness  of working  for AMHS  was                                                              
due to salary  and benefits. AMHS' compensation  plan attracts and                                                              
keeps  qualified   people.  With  the  competition   for  licensed                                                              
mariners around  North America,  recruiting and retention  will be                                                              
an  issue. He  asked  for someone  to address  his  query and  the                                                              
Administration's response.                                                                                                      
                                                                                                                                
10:15:04 AM                                                                                                                   
REUBEN   YOST,   Deputy   Commissioner,   Alaska   Department   of                                                              
Transportation  and Public  Facilities  (DOT&PF), Juneau,  Alaska,                                                              
noted  that  he  oversees  AMHS. He  addressed  the  situation  of                                                              
recruitment and retention  if SB 182 were to go  into effect under                                                              
its current  version. He  said DOT&PF  would negotiate  base-pays,                                                              
taking into  account what  the drop  in pay  was for Alaskans.  He                                                              
noted  that  DOT&PF  does  a  lot  of  recruiting  for  all  three                                                              
maritime  unions,  particularly MM&F  and  MEBA from  outside  the                                                              
state. He  pointed out that AMHS  has very good people  who choose                                                              
to work from Seattle  or points even further south  based on their                                                              
salary.  He  addressed  geographic differentials  and  noted  that                                                              
except  for  the   crews  the  three  day-boats   as  follows:  MV                                                              
Fairweather,  MV Chenega, and  the MV  Lituya; AMHS employees  are                                                              
not  required to  live in  a particular  community.  He said  AMHS                                                              
employees  are currently  paid  COLD  regardless  of whether  they                                                              
live  near a  change-port. He  noted  that DOT&PF  believes it  is                                                              
appropriate to look  at COLA for day-boat crew members  due to the                                                              
need to  live in particular  communities because the  vessels have                                                              
no accommodations.                                                                                                              
                                                                                                                                
10:16:10 AM                                                                                                                   
SENATOR COGHILL joined the committee meeting.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  asked if it  is fair to  say that if  SB 182                                                              
passes,  compensation for  people who  live in  Seattle or  in the                                                              
Lower 48  will remain the  same and residents  of Alaska  who work                                                              
for the AMHA will receive a pay cut.                                                                                            
                                                                                                                                
MR. YOST  answered correct.  He specified  that the assumption  is                                                              
nothing  changes  during negotiations.  He  noted  that DOT&PF  is                                                              
already considering  during negotiations  to apply the  COLD money                                                              
that might go away to the base rate of pay.                                                                                     
                                                                                                                                
10:18:08 AM                                                                                                                   
SENATOR  WIELECHOWSKI   reiterated  that   the  language   in  the                                                              
collective  bargaining  agreement  is  odd  and  decades  old.  He                                                              
asserted that  negotiations without a  COLD provision will  end up                                                              
raising  the  rates  of  people   in  the  Lower  48  and  keeping                                                              
Alaskan's rates flat or low.                                                                                                    
                                                                                                                                
MR.  YOST  replied  that Senator  Wielechowski's  assertion  is  a                                                              
possibility. He  noted that right  now a person can  live wherever                                                              
they choose  to live. He added that  people have a choice  to live                                                              
in an area with  a lower cost of living. He pointed  out that AMHS                                                              
employees are  receiving COLD that  was originally put  into place                                                              
because  there  was  a significantly  higher  cost  of  living  in                                                              
Alaska.                                                                                                                         
                                                                                                                                
CHAIR  DYSON asked  to clarify  that the  compensation for  people                                                              
that live in Seattle will stay the same.                                                                                        
                                                                                                                                
MR. YOST  answered yes,  based on  SB 182.  He specified  that his                                                              
point in  negotiations is that  there will  be an effort  to raise                                                              
the base salary for everyone.                                                                                                   
                                                                                                                                
CHAIR DYSON  said his understanding is  if SB 182 passes  and COLD                                                              
goes  away,  COLA  would  be applied  as  done  with  other  state                                                              
employees.                                                                                                                      
                                                                                                                                
MR.  YOST replied  that AMHS  only  has three  boats where  people                                                              
have to live in a given community.                                                                                              
                                                                                                                                
10:20:16 AM                                                                                                                   
CHAIR  DYSON asked  to  clarify  that an  employee  that lives  in                                                              
Alaska would get COLD like every other state employee.                                                                          
                                                                                                                                
MR.  YOST  answered  that  he  does   not  believe  Chair  Dyson's                                                              
assumption  is   correct  and  deferred   to  the   Department  of                                                              
Administration.                                                                                                                 
                                                                                                                                
MS.   NEAL  specified   that  the   option   for  the   geographic                                                              
differential application  as it applies to the  three marine units                                                              
would need  to be  negotiated through  collective bargaining.  She                                                              
agreed  that COLD  for  the three  day-boats  would be  relatively                                                              
easy, but  applying COLD would be  more difficult for the  rest of                                                              
the employees.  She said  negotiating for a  COLD is  certainly an                                                              
option.                                                                                                                         
                                                                                                                                
CHAIR  DYSON asked  if all  of the  other  state bargaining  units                                                              
have the same COLA in their agreements.                                                                                         
                                                                                                                                
MS. NEAL  replied yes. She  noted that  a new rate  agreement with                                                              
the  Labor, Trades  and Crafts  Unit  has yet  been obtained,  but                                                              
others do include it.                                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI   reiterated  that  SB  182's   impact  will                                                              
increase the  wages of Seattle workers  and decrease the  wages of                                                              
Alaska workers.                                                                                                                 
                                                                                                                                
MR.  YOST answered  correct. He  said the  standpoint from  DOT&PF                                                              
and  the Administration  is  to  either keep  a  COLD inequity  in                                                              
place forever  or do something to  address it. He noted  the issue                                                              
with applying  geographical differential  for crew members  who do                                                              
not  work  on day-boats  where  individuals  are  compensated  for                                                              
choosing to live in the most expensive parts of the state.                                                                      
                                                                                                                                
10:23:38 AM                                                                                                                   
SENATOR   WIELECHOWSKI  asked   if   the  Parnell   Administration                                                              
supports SB 182.                                                                                                                
                                                                                                                                
MR. YOST  answered yes.  He remarked that  the current  COLD gives                                                              
vessel employees  tremendous incentive  to live  in the  state and                                                              
for nonresident employees  collect COLD as well.  He said removing                                                              
COLD and  coming up  with some  other form  of compensation  would                                                              
free DOT&PF  from being involved  in residency investigations.  He                                                              
noted that DOT&PF  has quite a few residency  cases that typically                                                              
go  to arbitration  and usually  DOT&PF prevails.  He said  DOT&PF                                                              
would like  to not  be in  the position  of having to  investigate                                                              
where people have their primary residence.                                                                                      
                                                                                                                                
CHAIR DYSON  said he suspected that  there will be quite  a bit of                                                              
public testimony and lots of questions from the committee.                                                                      
                                                                                                                                
10:25:24 AM                                                                                                                   
CHAIR DYSON announced that the committee will stand at ease.                                                                    
                                                                                                                                
10:25:34 AM                                                                                                                   
CHAIR DYSON announced  that public testimony will be  taken at the                                                              
next committee meeting.  He asked that testimony  not be repeated.                                                              
[SB 182 is held in committee.]                                                                                                  

Document Name Date/Time Subjects
SB 106 A.pdf SSTA 2/25/2014 9:00:00 AM
SB 106
SB 106 Sponsor Statement.pdf SSTA 2/25/2014 9:00:00 AM
SB 106
SB106-DNR-MLW-2-22-14.pdf SSTA 2/25/2014 9:00:00 AM
SB 106
SB 106 Work Draft Version N (2).pdf SSTA 2/25/2014 9:00:00 AM
SB 106
SB 133 Bill.pdf SSTA 2/25/2014 9:00:00 AM
SB 133
SB 133 Sponsor Statement.pdf SSTA 2/25/2014 9:00:00 AM
SB 133
SB 133 Supporting Document.pdf SSTA 2/25/2014 9:00:00 AM
SB 133
SB133-DOA-FAC-02-21-14.pdf SSTA 2/25/2014 9:00:00 AM
SB 133
SB 133 ADN.pdf SSTA 2/25/2014 9:00:00 AM
SB 133
SB 133 AFN Letter to Governor.pdf SSTA 2/25/2014 9:00:00 AM
SB 133
SB 133 AFN Resolution.pdf SSTA 2/25/2014 9:00:00 AM
SB 133
SB 106 - Summary of Changes to Version N.pdf SSTA 2/25/2014 9:00:00 AM
SB 106
SB 182 - Legislation.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Sponsor Statement.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Section Analysis.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB182-DOT-AMHS-MVO-2-25-14.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Support Documents - Talking Points.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182
SB 182 - Support Document - 2011 CBA.pdf SSTA 2/25/2014 9:00:00 AM
SSTA 2/27/2014 9:00:00 AM
SSTA 3/4/2014 9:00:00 AM
SB 182