Legislature(2017 - 2018)SENATE FINANCE 532

02/09/2017 09:00 AM Senate FINANCE

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Audio Topic
09:01:06 AM Start
09:01:50 AM Presentation: Department of Administration - Labor Contracts
10:43:39 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Negotiated Contracts TELECONFERENCED
Commissioner Sheldon Fisher, Department of
Administration
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 9, 2017                                                                                           
                         9:01 a.m.                                                                                              
                                                                                                                                
9:01:06 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  MacKinnon  called  the  Senate  Finance  Committee                                                                    
meeting to order at 9:01 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Click Bishop, Vice-Chair                                                                                                
Senator Mike Dunleavy                                                                                                           
Senator Peter Micciche                                                                                                          
Senator Donny Olson                                                                                                             
Senator Natasha von Imhof                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Sheldon Fisher, Commissioner,  Department of Administration;                                                                    
Emily Wright,  Deputy Director, Labor  Relations, Department                                                                    
of Administration; Nancy  Sutch, Deputy Director, Personnel,                                                                    
Department of  Administration; Pat Pitney,  Director, Office                                                                    
of Management and Budget, Office of the Governor.                                                                               
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
PRESENTATION:   DEPARTMENT   OF   ADMINISTRATION   -   LABOR                                                                    
CONTRACTS                                                                                                                       
                                                                                                                                
Co-Chair MacKinnon                                                                                                              
                                                                                                                                
^PRESENTATION:   DEPARTMENT   OF  ADMINISTRATION   -   LABOR                                                                  
CONTRACTS                                                                                                                     
                                                                                                                                
9:01:50 AM                                                                                                                    
                                                                                                                                
SHELDON FISHER, COMMISSIONER,  DEPARTMENT OF ADMINISTRATION,                                                                    
discussed   the   presentation,    "Alaska   Department   of                                                                    
Administration -  2017 Labor Contracts"  (copy on  file). He                                                                    
showed Slide 2, "Framework":                                                                                                    
                                                                                                                                
     BACKGROUND:  The scope and framework of negotiations                                                                       
     are governed by the Public Employment Relations Act                                                                        
     (PERA) AS 23.40.070-23.40.250.                                                                                             
                                                                                                                                
        · The State begins bargaining successor agreements                                                                      
          between October and December; start date may be                                                                       
          accelerated if both parties agree.                                                                                    
                                                                                                                                
        · Wages, hours and other terms and conditions of                                                                        
          employment are mandatory subjects of bargaining.                                                                      
                                                                                                                                
        · The State may, but is not required to, negotiate                                                                      
          permissive subjects of bargaining.                                                                                    
                                                                                                                                
        · Monetary   terms   must   be   approved   by   the                                                                    
          Legislature.                                                                                                          
                                                                                                                                
     STATUS QUO:  If either side finds the demands too                                                                          
     unfavorable, they can largely maintain status quo by                                                                       
     doing nothing.                                                                                                             
                                                                                                                                
     Once impasse is reached and mediation fails:                                                                               
        · employees have the right to strike (exception:                                                                        
          protective service personnel do not have the                                                                          
          right   to   strike   but   must   enter   binding                                                                    
          arbitration)                                                                                                          
        · State has the right to implement last best offer                                                                      
     (Both   options   are   harmful   to   labor-management                                                                    
     relationship as well as the public)                                                                                        
                                                                                                                                
     INCREMENTAL CHANGE:  As a result, you tend to see                                                                          
     pattern bargaining and incremental changes                                                                                 
                                                                                                                                
Commissioner  Fisher  pointed  out  to  the  committee  that                                                                    
successful  labor negotiations  were reliant  on both  sides                                                                    
coming to  an agreement; should  both sides fail to  come to                                                                    
an agreement there were mechanisms,  such as arbitration, to                                                                    
facilitate and  agreement. He  stated that  the state  had a                                                                    
history of trying to reach  agreements with bargaining units                                                                    
through negotiations. He shared that  it could take a series                                                                    
of negotiations to effectuate meaningful change.                                                                                
9:04:27 AM                                                                                                                    
                                                                                                                                
Commissioner  Fisher turned  to  Slide  3, "Bargaining  Unit                                                                    
(Mr. Burnett)  Detail," which showed a  table containing the                                                                    
11 bargaining  units in  the state. He  said that  the state                                                                    
was  currently negotiating  with the  Alaska Marine  Highway                                                                    
units,  Alaska  State   Troopers,  the  Teachers'  Education                                                                    
Association  of Mt.  Edgecumbe,  and  the Alaska  Vocational                                                                    
Technical Center  Teachers. He relayed that  there were four                                                                    
principal  units   that  contained   most  of   the  state's                                                                    
employees:  Alaska   State  Employees   Association  (ASEA),                                                                    
Alaska   Public   Employees   Association   (APEA),   Public                                                                    
Employees  -  Local  71 (LTC),  and  Confidential  Employees                                                                    
Association (CEA).                                                                                                              
                                                                                                                                
9:05:47 AM                                                                                                                    
                                                                                                                                
Senator   Dunleavy  asked   whether   the  'Non-Covered'   -                                                                    
Partially Exempt  and Excluded  group shown  on slide  3 was                                                                    
being identified for reductions.                                                                                                
                                                                                                                                
Commissioner Fisher  replied that  the state tried  to treat                                                                    
covered  and  non-covered  employees consistently.  He  said                                                                    
that the bills that the  governor had submitted this session                                                                    
would  allow for  a freeze  in the  salaries of  non-covered                                                                    
employees. He  added that the  governor had  instructed that                                                                    
similar  terms  be negotiated  for  each  of the  bargaining                                                                    
units.                                                                                                                          
                                                                                                                                
9:07:13 AM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon asked  whether the  state was  trying to                                                                    
negotiate the same pay freeze for all bargaining units.                                                                         
                                                                                                                                
Commissioner Fisher answered in the affirmative.                                                                                
                                                                                                                                
Co-Chair  MacKinnon wondered  whether  all bargaining  units                                                                    
could  be brought  to the  table to  halt wage  increases in                                                                    
order to address an increase in the recession.                                                                                  
                                                                                                                                
Commissioner  Fisher  stated that  the  state  did not  have                                                                    
reopeners in  bargaining contracts.  He said that  the state                                                                    
could approach  bargaining units with the  request that they                                                                    
make concessions.  He did not  think that  concessions could                                                                    
be made outside of the bargaining of the overall contracts.                                                                     
                                                                                                                                
9:09:37 AM                                                                                                                    
Co-Chair Hoffman  felt that the possibility  of disagreement                                                                    
between bargaining parties was  problematic. He thought that                                                                    
the actions taken  by the Alaska Court System  in regards to                                                                    
budget cuts should be a  model for the administrative branch                                                                    
to follow. He believed that  the senate was taking a similar                                                                    
approach  of   making  significant  cuts  to   spending.  He                                                                    
asserted that  the state could  not "cut itself" out  of the                                                                    
fiscal  crisis, but  that  a stronger  stance  needed to  be                                                                    
taken to  address fiscal responsibilities.  He said  that it                                                                    
was  not a  foregone conclusion  that the  deficit would  be                                                                    
addressed,  but  he  hoped that  the  administrative  branch                                                                    
would take  on a similar  strategy as that of  the executive                                                                    
branch.                                                                                                                         
                                                                                                                                
9:13:32 AM                                                                                                                    
                                                                                                                                
Senator Olson  applauded the efforts by  the judicial branch                                                                    
to make  meaningful cuts.  He wondered  whether the  cuts to                                                                    
that branch involved non-exempt employees.                                                                                      
                                                                                                                                
Commissioner  Fisher  thought  that  most  of  cuts  to  the                                                                    
judicial  branch  were  made  to  employees  that  were  not                                                                    
covered by a collective  bargaining agreement. He understood                                                                    
that the  state was facing  a fiscal crisis. He  stated that                                                                    
the  state  would  pursue additional  concessions  from  the                                                                    
bargaining units that were in contract.                                                                                         
                                                                                                                                
9:14:51 AM                                                                                                                    
                                                                                                                                
Senator  Micciche   noted  that  the  legislature   did  not                                                                    
negotiate  with bargaining  units. He  wondered whether  the                                                                    
union   employees  would   rather  see   individual  members                                                                    
disappear  from the  roles of  employment, or  "collectively                                                                    
take a bit  of a haircut on preserving  those positions." He                                                                    
stated that the state had a  problem and that every job that                                                                    
was necessary to run the  government should be preserved. He                                                                    
hoped that the cuts could be fairly distributed.                                                                                
                                                                                                                                
9:16:54 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy concurred  with Senator Micciche's remarks.                                                                    
He  suggested that  the commissioner  review the  remarks of                                                                    
the Chief  Justice from the  previous day. He  lamented that                                                                    
the  administration seemed  unwilling  to  continue to  make                                                                    
deeper cuts. He  hoped that the size of  government could be                                                                    
further reduced and reorganized.                                                                                                
                                                                                                                                
9:18:37 AM                                                                                                                    
                                                                                                                                
Commissioner  Fisher  discussed   the  question  of  layoffs                                                                    
versus salary  cuts. He stressed  that he was not  trying to                                                                    
exercise  judgement   on  the   matter.  He   conveyed  that                                                                    
bargaining units had communicated  a value judgement that it                                                                    
would  be  preferable to  see  layoffs  as opposed  to  wage                                                                    
reductions. He  conveyed that  it was  the intention  of the                                                                    
state  in each  negotiation to  negotiate similar  terms for                                                                    
those who are  covered and those who are not.   He discussed                                                                    
the nature  of successive  3-year cycles of  bargaining, and                                                                    
noted  that some  units may  experience a  different set  of                                                                    
terms than others.                                                                                                              
                                                                                                                                
9:20:39 AM                                                                                                                    
                                                                                                                                
Co-Chair   MacKinnon  asked   whether  adopting   arbitrator                                                                    
guidelines had  been considered.  She wondered  whether most                                                                    
of the  state contracts  contained a requirement  to mediate                                                                    
through arbitration and accept the mediators ruling.                                                                            
                                                                                                                                
Commissioner  Fisher responded  that  certain contracts  had                                                                    
binding  arbitration,  and others  left  the  choice to  the                                                                    
parties. He said that the  bargaining unit's right to strike                                                                    
was typically a  determining factor. He used  the example of                                                                    
the Alaska State  Troopers, which did not have  the right to                                                                    
strike, could  use binding  arbitration as  the alternative.                                                                    
He said that arbitration was  always an option. He said that                                                                    
he   welcomed   the   conversation  with   the   legislature                                                                    
concerning arbitrator guidelines.                                                                                               
                                                                                                                                
9:23:23 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  relayed that  some in her  community had                                                                    
asked  why  the  state  negotiated with  unions,  which  had                                                                    
national professional negotiators.  She wondered whether the                                                                    
administrative  team had  the  advantage  to bargain  higher                                                                    
because they would directly benefit from the negotiations.                                                                      
                                                                                                                                
Commissioner   Fisher   discussed   the  question   of   the                                                                    
competency  of   the  Department  of   Administration  (DOA)                                                                    
negotiators  as  compared  to  union  negotiators.  He  felt                                                                    
confident  that the  DOA negotiators  were  skilled and  not                                                                    
outmatched.  He  expressed that  the  DOA  team had  greater                                                                    
consistency   in   staff   retention  and   experience.   He                                                                    
acknowledged   that  to   some   extent,  individuals   were                                                                    
negotiating  a set  of  terms that  would  also impact  them                                                                    
directly. He opined that  professional negotiators tended to                                                                    
be lawyers and were very costly to hire.                                                                                        
                                                                                                                                
9:26:55 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  shared the suggestion of  a "blue ribbon                                                                    
panel" that  was supported by  a lawyer who could  train and                                                                    
provide  expertise. She  thought  that a  third party  group                                                                    
that  was on  a more  volunteer,  or board  basis, could  be                                                                    
effective.                                                                                                                      
                                                                                                                                
Co-Chair MacKinnon recognized that  the commissioner and his                                                                    
team always  acted in good  faith. She noted that  they were                                                                    
still  in negotiations  with some  of  the bargaining  units                                                                    
that  had been  previously outlined.  She stressed  that she                                                                    
had  not  been  in  conversations  with  the  administration                                                                    
concerning the  bargaining units.  She explained  the nature                                                                    
of  wage increases  for state  employees  and the  different                                                                    
ways  in   which  employee  excellence  was   rewarded.  She                                                                    
stressed that  all Alaskans should  work together  to combat                                                                    
the budget deficit.                                                                                                             
                                                                                                                                
9:30:19 AM                                                                                                                    
                                                                                                                                
Commissioner   Fisher   discussed   Slide  4,   "Long   Term                                                                    
Objectives":                                                                                                                    
                                                                                                                                
     Alaska State government will be a model of efficiency                                                                      
     and effectiveness, characterized by:                                                                                       
                                                                                                                                
    High performing workforce rewarded for best results                                                                         
                                                                                                                                
     Compensation and benefit programs which are balanced                                                                       
     and rational                                                                                                               
                                                                                                                                
     Work rules which are efficient and streamlined                                                                             
                                                                                                                                
Commissioner   Fisher  noted   that   the  slide   reflected                                                                    
principles that guided  the DOA workforce. He  felt that the                                                                    
top performers in an organization  made the most impact, but                                                                    
that the state did not  have a strong culture of performance                                                                    
management. He said  that the department was  in the process                                                                    
of  developing  better  capabilities that  would  eventually                                                                    
form  the foundation  for  other  available initiatives.  He                                                                    
furthered  that  there  were two  features  to  the  state's                                                                    
current compensation  and benefit  programs that  fell under                                                                    
scrutiny:  automatic  step  increases   and  the  growth  of                                                                    
salaries  over  the  life  of   an  employee,  and  generous                                                                    
benefits packages.  He said  when considering  the employees                                                                    
as a whole, cash compensation  was slightly below market and                                                                    
benefits were  above market -  balancing each other  out. He                                                                    
shared that  steps had been  taken such as  eliminating cost                                                                    
for living  increases and instigating furloughs,  as well as                                                                    
freezing step salaries. He relayed  that steps had also been                                                                    
taken to reduce benefits packages.  He noted that the tier 4                                                                    
benefit package  for state employees was  significantly less                                                                    
than  for  tiers  1  through 3,  and  employees  were  being                                                                    
required to contribute more to  their healthcare. He thought                                                                    
that better benchmarks and metrics  needed to be established                                                                    
in  order  to  inform future  conversations  about  employee                                                                    
compensation and benefits.                                                                                                      
                                                                                                                                
9:34:05 AM                                                                                                                    
                                                                                                                                
Senator  Micciche asked  how  often  market conditions  were                                                                    
evaluated for the purpose of benchmarking compensation.                                                                         
                                                                                                                                
Commissioner  Fisher  relayed   that  evaluation  of  market                                                                    
conditions had  happened every year  since he had  been with                                                                    
the  state.  He  said  that many  different  employers  were                                                                    
taking significant  steps that  impacted Alaskans.  He hoped                                                                    
that the  efforts that  the department  was making  in their                                                                    
salary management costs would be recognized.                                                                                    
                                                                                                                                
9:36:34 AM                                                                                                                    
                                                                                                                                
Senator Micciche  felt that the current  fiscal situation of                                                                    
the   state  was   unprecedented.  He   asked  whether   the                                                                    
department  had  brought  new  and  innovative  thinking  to                                                                    
contract negotiations.                                                                                                          
                                                                                                                                
Commissioner  Fisher sensed  a dearth  of satisfaction  from                                                                    
the committee regarding  the lack of progress  that had been                                                                    
made  by DOA  in  making reductions.  He  rebutted that  the                                                                    
department  had worked  to be  innovative and  to shirk  the                                                                    
status quo.  He noted the end  of awarding a cost  of living                                                                    
increase to employees and increases  to healthcare costs. He                                                                    
said that the department had  been focused on flattening the                                                                    
growth  curve  of  salary costs  by  implementing  a  hiring                                                                    
freeze. He shared that redefining  the growth curve would be                                                                    
beneficial.  He  thought  that  performance  management  and                                                                    
performance reviews would be an  important tool for creating                                                                    
cultural  change within  the state  departments. He  assured                                                                    
that committee  that the aspirations of  the department were                                                                    
beyond the status quo.                                                                                                          
                                                                                                                                
9:40:09 AM                                                                                                                    
                                                                                                                                
Senator  Micciche asked  whether  there  were triggers  that                                                                    
were  every  negotiated  into a  labor  contract,  in  which                                                                    
concessions were in place for  the immediate with the intent                                                                    
to reinstate rewards in the more financially stable future.                                                                     
                                                                                                                                
Commissioner Fisher stated that it  was possible to put such                                                                    
mechanisms in to  contract, but thought that  the unions had                                                                    
been wary  of such  agreements. He said  that the  state had                                                                    
worked  to  put  a  timeline   on  certain  mechanisms;  for                                                                    
example, the  pay freezes  put forth by  the governor  had a                                                                    
two year  timeline. He  stated that  a timeline  allowed for                                                                    
the  issue  to  be  revisited,  and  adjusted  to  suit  the                                                                    
realities if the time.                                                                                                          
                                                                                                                                
9:42:33 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman felt  that short-term  objectives were  in                                                                    
order. He stressed  that the state should be  focused on not                                                                    
doing "business as  usual." He spoke of  belt tightening and                                                                    
the need  for short-term objectives. He  applauded the court                                                                    
system for  making meaningful reductions.  He felt  that the                                                                    
governor's  proposed budget  did not  reflect the  financial                                                                    
crisis that the state was currently experiencing.                                                                               
                                                                                                                                
9:45:58 AM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon   acknowledged  Pat   Pitney,  Director,                                                                    
Office of Management and Budget,  Office of the Governor, in                                                                    
the room.                                                                                                                       
                                                                                                                                
Vice-Chair  Bishop  spoke  to  the  commissioner's  previous                                                                    
statement that  the committee  seemed dissatisfied  with the                                                                    
department's approach to reigning  in spending. He asked not                                                                    
to be  included in that  comment until the  presentation was                                                                    
complete.                                                                                                                       
                                                                                                                                
Senator  Dunleavy opined  that  the governor's  supplemental                                                                    
budget,  in  addition  to  his  proposed  operating  budget,                                                                    
actually increased  spending. He felt  as if the  senate and                                                                    
the governor were working at cross purposes.                                                                                    
                                                                                                                                
9:47:07 AM                                                                                                                    
Senator  Micciche  asked  whether  there  were  other  cost-                                                                    
control  measures  available to  the  state  outside of  the                                                                    
bargaining units and layoffs.                                                                                                   
                                                                                                                                
Commissioner  Fisher discussed  the  concept of  "increasing                                                                    
the vacancy factor," which entailed  holding a position open                                                                    
after  a state  employee retired  or left  the position.  He                                                                    
mentioned  that  another  tool was  to  discontinue  certain                                                                    
programs.                                                                                                                       
                                                                                                                                
Commissioner Fisher further discussed  layoffs. He said that                                                                    
over the next five years  over 20 percent of state employees                                                                    
would be eligible for retirement.  He said that at any given                                                                    
time roughly two-thirds of those  who were eligible retired.                                                                    
He stated that  he believed the issue was  one of attrition,                                                                    
and not layoffs.  He felt that the size  of government could                                                                    
be  controlled through  attrition  of  senior employees.  He                                                                    
added that  individual experiences would vary,  he suggested                                                                    
that  people be  prepared  to cultivate  the  skills that  a                                                                    
reorganized state department would require.                                                                                     
                                                                                                                                
9:50:04 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon stated that  the other body was examining                                                                    
programs, rather  than individual attrition.  She understood                                                                    
that the loss of a job,  wages and health benefits, could be                                                                    
a crisis  for families.  She understood  that 10  percent of                                                                    
Alaskan's benefitted  from the Alaska Marine  Highway System                                                                    
(AMHS), which was  costing the state $120  million per year.                                                                    
She added that in past years  the cost of running the system                                                                    
was equal  to the cost of  all of the roads  that benefitted                                                                    
90 percent  of the population.  She spoke of  the governor's                                                                    
proposed privatization  of 500 Department  of Transportation                                                                    
and  Public Facilities  design team  employees. She  thought                                                                    
that the  move would increase  cost, and worried  that there                                                                    
would  not  be enough  management.  She  believed that  most                                                                    
communities  that  used  the  AMHS  could  find  alternative                                                                    
transportation. She  said that private sector  jobs would be                                                                    
available for  ferry workers  to migrate  to. She  said that                                                                    
she  valued the  AMHS  employees, and  that the  negotiation                                                                    
team  for  AMHS  had  served   their  membership  well.  She                                                                    
wondered  how  many  out-of-state employees  were  with  the                                                                    
AMHS, and  why the  AMHS had a  cost of  living differential                                                                    
(COLD), rather than a cost  of living adjustment (COLA). She                                                                    
queried whether flying in  employees was creating additional                                                                    
cost to  the state.  She lamented that  AMHS work  rules had                                                                    
improved  safety   for  the  workers,  but   had  negatively                                                                    
affected the state's bottom line.                                                                                               
                                                                                                                                
9:55:50 AM                                                                                                                    
                                                                                                                                
Commissioner  Fisher relayed  that there  were three  unions                                                                    
that supported AMHS.                                                                                                            
                                                                                                                                
Co-Chair  MacKinnon directed  committee attention  to Slides                                                                    
15, 17  and 18,  which contained relevant  information about                                                                    
the AMHS bargaining units.                                                                                                      
                                                                                                                                
Commissioner Fisher  referred to Slide 15,  "Bargaining Unit                                                                    
Summary,"  which   showed  information  pertaining   to  the                                                                    
Inlandboatmen's Union of the  Pacific (IBU) bargaining unit.                                                                    
He  shared  that 92  percent  of  the bargaining  unit  were                                                                    
Alaskan residents.                                                                                                              
                                                                                                                                
Commissioner Fisher  referred to Slide 17,  "Bargaining Unit                                                                    
Summary," which  showed details about the  Marine Engineers'                                                                    
Beneficial Association.  He relayed  that 66 percent  of the                                                                    
employees covered by the unit reside in Alaska.                                                                                 
                                                                                                                                
Commissioner Fisher  referred to slide 18,  "Bargaining Unit                                                                    
Summary," which  showed details for the  Masters, Mates, and                                                                    
Pilots (MMP) bargaining unit; 72  percent of their employees                                                                    
reside in Alaska.                                                                                                               
                                                                                                                                
Co-Chair Hoffman  asked how the department  defined "Alaskan                                                                    
resident."                                                                                                                      
                                                                                                                                
EMILY WRIGHT,  DEPUTY DIRECTOR, LABOR  RELATIONS, DEPARTMENT                                                                    
OF  ADMINISTRATION,  explained   that  the  bargaining  unit                                                                    
numbers were based on the COLD  data. She said that in order                                                                    
for an employee  to receive the benefit they  must reside in                                                                    
state. She added  that DOT monitored the  residents and that                                                                    
residency  was  not  tied to  the  permanent  fund  dividend                                                                    
application.                                                                                                                    
                                                                                                                                
9:58:04 AM                                                                                                                    
                                                                                                                                
Senator von Imhof  spoke to Slide 4, and  asked about short-                                                                    
term options. She queried rewards  and seniority among high-                                                                    
performing  employees. She  worried  about holding  critical                                                                    
jobs vacant  as a  method of  managed attrition.  She probed                                                                    
any  and all  of  the  methods the  department  had used  to                                                                    
reduce  overhead costs.  She thought  that  the state  could                                                                    
learn some  creative cost cutting  measures by  studying the                                                                    
private sector.                                                                                                                 
                                                                                                                                
Commissioner  Fisher   responded  to   Co-Chair  MacKinnon's                                                                    
reference to flying  AMHS team members to  certain ports. He                                                                    
conveyed that normally,  a member had the  obligation to get                                                                    
to  the duty  station  on  their own  dime.  He shared  that                                                                    
mitigating circumstances could require  the state paying for                                                                    
transportation, but that those instances were rare.                                                                             
                                                                                                                                
Commissioner  Fisher  stated  that seniority  was  a  sacred                                                                    
union principle. He  relayed that due to  the current fiscal                                                                    
situation nothing  had been  done to  reward high-performing                                                                    
employees. He stated  that the state was  working to improve                                                                    
performance  management  tools,  which  would  address  low-                                                                    
performing  employees. He  said  that many  of the  programs                                                                    
that the  department administered were in  statute and could                                                                    
not be  eliminated without the  work of the  legislature. He                                                                    
shared that overtime  had gone down 10  percent between 2015                                                                    
and 2016. He  related that the IBU had  reduced 60 positions                                                                    
in the past year, and  overtime by $34,000. He stressed that                                                                    
overtime had been reduced in  every bargaining unit and that                                                                    
vacancy factors had been expanded.                                                                                              
                                                                                                                                
10:03:42 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  acknowledged that  Commissioner  Fisher                                                                    
was  in  a  difficult   position.  She  wondered  about  the                                                                    
repercussions for rejecting a union contract.                                                                                   
                                                                                                                                
Commissioner Fisher  replied that  as part of  the rejection                                                                    
process   the   legislature   would  give   the   department                                                                    
guidelines   for  dealing   with   unions.   He  said   that                                                                    
negotiations  would continue  until  an acceptable  contract                                                                    
was agreed upon.                                                                                                                
                                                                                                                                
Co-Chair MacKinnon understood  that rejected contracts would                                                                    
not  be  included in  the  operating  budget, and  that  the                                                                    
legislature  would  provide  reason for  not  accepting  the                                                                    
union contract.                                                                                                                 
                                                                                                                                
Commissioner Fisher believed that that was correct.                                                                             
                                                                                                                                
Co-Chair  MacKinnon  asked  how   late  in  the  legislative                                                                    
session   that  the   contracts  would   be  available   for                                                                    
consideration.                                                                                                                  
                                                                                                                                
Commissioner Fisher stated that  there was a tension between                                                                    
the  demands  that were  made,  and  the  speed at  which  a                                                                    
negotiated  agreement  could  be  met. He  said  that  if  a                                                                    
contract  was completed  and brought  to the  legislature by                                                                    
the 60th legislative day then  the legislature was obligated                                                                    
to  consider   the  contract.  He  furthered   that  if  the                                                                    
negotiations went  beyond the 60th day,  the legislature did                                                                    
not have  that obligation.  He thought that  due to  some of                                                                    
the  changes that  were being  offered by  the state  in the                                                                    
negotiations, the 60  day target would be  more difficult to                                                                    
achieve.                                                                                                                        
                                                                                                                                
10:06:29 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  hoped   to  have  future  conversations                                                                    
regarding union strikes.                                                                                                        
                                                                                                                                
10:06:52 AM                                                                                                                   
                                                                                                                                
Commissioner   Fisher   reviewed   Slide  5,   "Summary   of                                                                    
Bargaining",  which  showed  the  contracts  that  had  been                                                                    
negotiated in the  last round of negotiations.  He said that                                                                    
the  department  viewed furloughs  as  a  small part  of  an                                                                    
overall  set  of short-term  tools  that  could be  used  to                                                                    
address budget issues. He said  that furloughs allowed for a                                                                    
cut  across a  department to  affect many  groups in  modest                                                                    
ways.  He  lamented  that furloughs  did  not  maximize  the                                                                    
savings that  could be achieved because  benefits were still                                                                    
being  paid, as  well  as other  costs  associated with  the                                                                    
employee.                                                                                                                       
                                                                                                                                
10:09:02 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  asked  about the  comparison  of  state                                                                    
employee wages  to federal employee  wages. She  opined that                                                                    
the  federal  government  could   offer  higher  wages.  She                                                                    
wondered  about health  benefits,  and whether  they were  a                                                                    
bargaining piece for the state.                                                                                                 
                                                                                                                                
Commissioner  Fisher  stated  the  generally  speaking,  the                                                                    
state provided  the required health care  for its employees.                                                                    
There were four  bargaining units that had  their own health                                                                    
trust: troopers, ASEA, Labor Trades  and Crafts, and MMP. He                                                                    
shared that healthcare  costs were growing at  a rate faster                                                                    
than  inflation, and  the in  the previous  healthcare costs                                                                    
had   grown   by  9   percent.   He   stipulated  that   the                                                                    
administration focused on four  levers to address the issue:                                                                    
plan  design (increased  copay, out  of pocket  maximum, and                                                                    
changing   coverage   levels    for   different   services),                                                                    
negotiating  better rates  with providers,  asking employees                                                                    
to contribute  more, and  requiring employers  to contribute                                                                    
more.  He furthered  that the  department  worked under  the                                                                    
principal of  not over or under  funding; different employer                                                                    
groups  had different  costs due  to  demographics and  work                                                                    
conditions.  He  said  that the  plans  were  inspected  for                                                                    
effectiveness.                                                                                                                  
                                                                                                                                
10:13:17 AM                                                                                                                   
                                                                                                                                
Commissioner Fisher  asserted that the department  was clear                                                                    
in its negotiations that terms  would not be established for                                                                    
a  contribution   without  sufficient   details  surrounding                                                                    
benefit plans.                                                                                                                  
                                                                                                                                
10:16:02 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon  queried that  number of  state employees                                                                    
with lower priced plans than the state plan.                                                                                    
                                                                                                                                
Commissioner  Fisher   offered  to   come  back   with  more                                                                    
information at  a later date,  but thought that a  number of                                                                    
the  health  plans  had  lower costs  and  that  there  were                                                                    
thousands of employees  covered by trusts that  had a better                                                                    
cost  structure. He  qualified that  the largest  difference                                                                    
was demographics,  that there  was a  demographic difference                                                                    
in their population mix that  resulted in lower cost. He did                                                                    
not believe that  the lower cost was a  reflection of better                                                                    
or worse management.                                                                                                            
                                                                                                                                
10:17:09 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon extrapolated that  the state paid, inside                                                                    
of each plan,  a specific dollar amount based  on the health                                                                    
of the plan versus what was paid to the state plan.                                                                             
                                                                                                                                
Commissioner Fisher replied that this  had been the case for                                                                    
the previous two years.                                                                                                         
                                                                                                                                
Co-Chair MacKinnon  asked whether Commissioner  Fisher chose                                                                    
that path because it saved the state money.                                                                                     
                                                                                                                                
Commissioner Fisher answered in the affirmative.                                                                                
                                                                                                                                
Co-Chair MacKinnon wondered whether  the state would benefit                                                                    
from pooling healthcare costs.                                                                                                  
                                                                                                                                
Commissioner Fisher  spoke to  pooling healthcare  costs. He                                                                    
relayed that  the senate had  requested that  the department                                                                    
perform  a  study  on  the  healthcare  authority,  and  the                                                                    
department was revisiting the question  about the benefit of                                                                    
pooling  and the  possible related  savings. He  shared that                                                                    
the  study was  due in  June 2017.  He said  that the  state                                                                    
worked to  negotiate a fixed  amount based on  the framework                                                                    
discussed  on Slide  2; for  example, the  ASEA had  a fixed                                                                    
amount and  had been flat for  the past six years.  He added                                                                    
that  that  amount  had  been  lower  than  what  the  state                                                                    
contributed  for  employees.  He said  that  the  department                                                                    
looked at  employees and  their experience  when determining                                                                    
the fixed amount.                                                                                                               
                                                                                                                                
10:20:31 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon noted  that the  strategy had  saved the                                                                    
state  money. She  queried  previously mention  requirements                                                                    
that the commissioner had mentioned.                                                                                            
                                                                                                                                
Commissioner Fisher believed that  the state was required by                                                                    
statute to provide healthcare benefits.                                                                                         
                                                                                                                                
Ms. Wright concurred.                                                                                                           
                                                                                                                                
Co-Chair  MacKinnon  surmised  that  if  the  statutes  were                                                                    
changed, healthcare  benefits would not be  bargained by the                                                                    
administration.                                                                                                                 
                                                                                                                                
Commissioner  Fisher stated  that the  state had  elected to                                                                    
negotiate a  portion of the  health benefits.  He elaborated                                                                    
that the  state had two  plans, a  standard plan that  had a                                                                    
richer  benefit, and  the  economy plan  that  had a  lesser                                                                    
benefit. He relayed  that the decision had  been made, prior                                                                    
to his leadership, that the  state would bargain the economy                                                                    
plan and never  the standard plan. He  thought that progress                                                                    
had  been made  in the  areas  of plan  design and  employee                                                                    
contribution.                                                                                                                   
                                                                                                                                
10:22:06 AM                                                                                                                   
                                                                                                                                
Commissioner  Fisher  restated  that  the  state  had  never                                                                    
bargained the standard plan.                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  restated  Co-Chair  MacKinnon's  question                                                                    
about  a possible  change in  the  statutory requirement  to                                                                    
provide insurance.                                                                                                              
                                                                                                                                
Commissioner  Fisher replied  that  if the  state wanted  to                                                                    
stop bargaining a  plan, once it had  already been bargained                                                                    
for in  the past, it would  need to be bargained  out of the                                                                    
contract.  He  explained  that the  statutory  change  alone                                                                    
would not eliminate the states obligation.                                                                                      
                                                                                                                                
Co-Chair Hoffman  thought that  if the statute  was changed,                                                                    
future negotiations would change.                                                                                               
                                                                                                                                
Commissioner Fisher  replied that  that state  could bargain                                                                    
the economy  plan out  of contracts anytime  it chose  to do                                                                    
so.  He stated  that the  economy plan  was not  a mandatory                                                                    
subject  of  bargaining, but  was  one  that the  state  had                                                                    
chosen to bargain. He furthered  that if the statue changed,                                                                    
the  state would  no longer  have an  obligation to  provide                                                                    
healthcare, and it  would be up to  Alaskans collectively to                                                                    
decide whether  healthcare was a  benefit that  was critical                                                                    
for state employees.                                                                                                            
                                                                                                                                
10:23:46 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman  noted  that  healthcare was  one  of  the                                                                    
largest  cost drivers  in  the state.  He  queried the  last                                                                    
time, and the reason, that  a serious strike had happened in                                                                    
the state.                                                                                                                      
                                                                                                                                
Ms.  Wright did  not  believe  that there  had  ever been  a                                                                    
strike in the state.                                                                                                            
                                                                                                                                
NANCY  SUTCH,  DEPUTY  DIRECTOR,  PERSONNEL,  DEPARTMENT  OF                                                                    
ADMINISTRATION,  revealed that  in  the 1907s  the AMHS  had                                                                    
gone on strike  over leave accrual. She offered  to get back                                                                    
to the committee with more information.                                                                                         
                                                                                                                                
Co-Chair  MacKinnon  commented  that  the  amount  of  leave                                                                    
accrual  allowed  had been  examined,  and  changed, by  the                                                                    
committee several  years ago. She  believed that  the amount                                                                    
allowed was still high when  compared to the private sector.                                                                    
She  asked whether  the assumption  that  having a  thousand                                                                    
hours  in the  leave bank  could be,  for an  employee, like                                                                    
receiving  a   three  percent  raise  once   cashed-in,  was                                                                    
accurate.                                                                                                                       
                                                                                                                                
10:26:54 AM                                                                                                                   
                                                                                                                                
Commissioner Fisher  stated that  caps on leave  accrual had                                                                    
been  negotiated in  contracts. He  admitted that  the state                                                                    
tended to  have a more  generous leave accrual  benefit than                                                                    
the  private  sector.  He  stated  that  leave  accrual  had                                                                    
peaked,  and the  rate of  growth had  slowed. He  explained                                                                    
that  in 2016,  the leave  accrual obligation  had declined,                                                                    
but was  still at  approximately $172 million.  He furthered                                                                    
that leave accrual was paid  out at the "then current" rate;                                                                    
if  leave  was accrued  at  a  lower  rate, as  an  employee                                                                    
advanced in  their career  and chased  out leave,  the leave                                                                    
could be cashed out at a higher rate.                                                                                           
                                                                                                                                
Co-Chair MacKinnon  concluded that  it was accurate  that if                                                                    
people held  large amounts  of leave,  those hours  could be                                                                    
paid out at  a higher rate than the rate  at which they were                                                                    
earned.                                                                                                                         
                                                                                                                                
10:28:49 AM                                                                                                                   
                                                                                                                                
Commissioner  Fisher  showed  Slide  6,  "Sample  Historical                                                                    
COLAs  &  Anchorage CPI  Comparison,"  which  showed a  data                                                                    
table  that  provided  information   about  cost  of  living                                                                    
allowances as  compared to the  consumer price  index (CPI),                                                                    
over  time. He  noted the  close alignment  between CPI  and                                                                    
COLA over time, a few bargaining units were higher.                                                                             
                                                                                                                                
Co-Chair  MacKinnon   asked  whether   there  would   be  an                                                                    
advantage to providing a lump  sum, versus COLA, in the form                                                                    
of a salary increase.  She wondered whether negotiating with                                                                    
union leadership  to pay a  fixed sum instead  of increasing                                                                    
wages  could  be  beneficial  in  making  an  employee  feel                                                                    
appreciated without adding to the states expense.                                                                               
                                                                                                                                
Commissioner Fisher agreed that  the advantage of offering a                                                                    
lump sum was that it  would not impact an employee's salary;                                                                    
if an employee made $10,000  per year, and received at $1000                                                                    
lump sum, the  following year the employee  would still make                                                                    
$10,000, whereas a $1000 increase  would raise the salary to                                                                    
$11,000  per year.  He said  that COLAs  were not  currently                                                                    
being negotiated,  but when the time  came to do so,  a lump                                                                    
sum would be considered.                                                                                                        
                                                                                                                                
10:30:55 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon asserted that  there were still employees                                                                    
that were receiving salary increases.                                                                                           
                                                                                                                                
Commissioner   Fisher  stated   that  the   observed  salary                                                                    
increases  were  due  to contracts  that  had  already  been                                                                    
negotiated.                                                                                                                     
                                                                                                                                
Co-Chair MacKinnon asked  whether there was a  way to reopen                                                                    
the contracts and have a conversation about a fixed rate.                                                                       
                                                                                                                                
Commissioner  Fisher replied  that an  attempt had  not been                                                                    
made to  have that  conversation with negotiators,  but that                                                                    
he would look into the matter.                                                                                                  
                                                                                                                                
10:31:59 AM                                                                                                                   
                                                                                                                                
Senator Micciche thought that  it was important to recognize                                                                    
the  union   groups  that  had  not   increased  their  COLA                                                                    
percentage since  2015. He wondered about  the Anchorage CPI                                                                    
as a reference point for all bargaining groups.                                                                                 
                                                                                                                                
Commissioner  Fisher clarified  that the  Anchorage CPI  was                                                                    
used for  comparison because  it was the  only CPI  that was                                                                    
produced by the Federal  Department of Labor, an Alaska-wide                                                                    
CPI was  unavailable. He agreed  that COLAs had been  at, or                                                                    
modestly below,  the CPI increase,  but added that  when the                                                                    
automatic  salary  increases were  layered  in  there was  a                                                                    
wider growth above the CPI.                                                                                                     
                                                                                                                                
10:33:56 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Bishop  asked  whether Commissioner  Fisher  had                                                                    
anecdotal  information on  state employees  transferring out                                                                    
of state service and moving to other states.                                                                                    
                                                                                                                                
Commissioner Fisher  replied that some information  could be                                                                    
provided on  the "churn rate"  or degree to  which employees                                                                    
were  leaving  state  service.   He  clarified  whether  the                                                                    
question was about people who  left state employment to work                                                                    
in another state, or left state employment in general.                                                                          
                                                                                                                                
Vice-Chair Bishop  requested the churn  rate as a  whole. He                                                                    
expressed  support  for  keeping  out-to-bid  contract  jobs                                                                    
within the state.                                                                                                               
                                                                                                                                
10:36:07 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon  recognized that the nature  of the issue                                                                    
made the conversation difficult to  have, and added that the                                                                    
committee valued the  employees of the State  of Alaska. She                                                                    
lamented   that  the   state's   fiscal   crisis  made   the                                                                    
conversation  necessary. She  hoped that  the administration                                                                    
and  the legislature  could work  together  on reducing  the                                                                    
budget and  while maintaining the public  trust. He stressed                                                                    
that both  exempt and  non-exempt employees  were important.                                                                    
She recognized that  all state employees spent  money in the                                                                    
state economy, and that there  would be ramifications to the                                                                    
economy  as  the result  of  budget  cuts. She  offered  the                                                                    
example  of her  aforementioned disparity  between the  AMHS                                                                    
and  the  state's  road  system.   She  clarified  that  she                                                                    
recognized  that the  Southeast Alaskan  community would  be                                                                    
disproportionately   disadvantaged  if   there  were   major                                                                    
employee cuts  in the  AMHS. She asserted  that cuts  to the                                                                    
AMHS would  not be  meant as  an attack  on the  system, but                                                                    
rather a prioritization of investments.                                                                                         
                                                                                                                                
10:38:32 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  interjected that the senate  was trying to                                                                    
take  measures  that  would  allow for  the  state  to  make                                                                    
payroll.  He  opined that  if  corrective  actions were  not                                                                    
taken then  state employees would  not be paid.  He lamented                                                                    
that a  comprehensive fiscal plan  had yet to  be determined                                                                    
by a fractured legislature, and the administration.                                                                             
                                                                                                                                
10:40:03 AM                                                                                                                   
                                                                                                                                
Commissioner Fisher turned to Slide  7, "Merit Steps and Pay                                                                    
Increments":                                                                                                                    
                                                                                                                                
        o The Governor has directed our teams to seek a                                                                         
          freeze in merit steps and pay increments in                                                                           
          conjunction with SB31 and HB71.                                                                                       
                                                                                                                                
        o Troopers receive merit steps and pay increments.                                                                      
                                                                                                                                
        o The Marine Unions do not receive merit steps and                                                                      
          pay increments. Historically the sole mechanism                                                                       
          for pay increases has been COLAs.                                                                                     
                                                                                                                                
        o Mt. Edgecumbe and the Alaska Vocational School                                                                        
          teachers are placed on the salary scheduled based                                                                     
          on years of service and education level; they are                                                                     
          capped at 10 years and 18 years respectively.                                                                         
                                                                                                                                
10:40:58 AM                                                                                                                   
                                                                                                                                
Commissioner Fisher displayed Slide 8, "Benefits":                                                                              
                                                                                                                                
     Benefits are an integral part of employees' total                                                                          
     compensation package.                                                                                                      
                                                                                                                                
        o Health Benefits:                                                                                                      
             ƒEmployee premium contribution.                                                                                   
             ƒImplemented    an   employee    premium   for                                                                    
               partially   exempt   and    exempt   in   the                                                                    
               executive,    legislative,    and    judicial                                                                    
               branches;     currently     bargained     and                                                                    
               implemented    for   Confidential    Employee                                                                    
               Association and  Supervisory Unit  in January                                                                    
               2017. This premium will increase in 2018.                                                                        
             ƒImplemented cost savings measures and plan                                                                       
               improvements.                                                                                                    
                                                                                                                                
        o Health Trusts                                                                                                         
             ƒWe are contributing at a rate which seeks to                                                                     
               neither over nor underfund.                                                                                      
                                                                                                                                
        o Pension: Defined benefit and defined contribution                                                                     
          plans.                                                                                                                
                                                                                                                                
Commissioner   Fisher   concluded   his   remarks   on   the                                                                    
presentation.                                                                                                                   
                                                                                                                                
10:41:27 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  stated that  state employees  received the                                                                    
Alaska  Supplemental Annuity  Plan (SBS)  instead of  Social                                                                    
Security, which  was capped  at a  different rate.  He asked                                                                    
whether SBS was capped.                                                                                                         
                                                                                                                                
Commissioner Fisher answered in the affirmative.                                                                                
                                                                                                                                
10:41:55 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon hoped that all parties could work                                                                            
together to address the fiscal crisis faced by the state.                                                                       
She discussed housekeeping.                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:43:39 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:43 a.m.                                                                                         

Document Name Date/Time Subjects
020917 DOA Labor Contracts Presentation S FIN 2.9.17 FINAL.pdf SFIN 2/9/2017 9:00:00 AM
Operating Budget FY18