House Bill 1468
2011 1st Regular Session
DIGEST OF INTRODUCED BILL
Right to work. Makes it a Class A misdemeanor for an employer to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations. Exempts individuals employed in the construction industry, employed by the United States, or subject to the federal Railway Labor Act.
Current Status:
In Committee - first House
Non-union state workers must pay bargaining units in neNon-union state workers must pay bargaining units in newly negotiated contracts
January 28, 2011
By Megan Poinski
Megan@MarylandReporter.com
State workers have until Monday to vote on the second union contract that enforces the controversial “fair share” law, allowing state government unions to require non-union members to pay them a service fee. The law passed in 2009.
The new memorandum of understanding between the state government and the American Federation of State, County, and Municipal Employees includes the service fee, as does the recently negotiated contract with the State Law Enforcement Officers Labor Alliance.
SLEOLA’s contract has been ratified by its membership, while employees are still voting on AFSCME’s contract.
The theory behind the law is that the union furnishes services that impact all employees, such as negotiating health benefits and work conditions, or representing workers in disputes with managers. Those who don’t join the union and pay union dues have to pay a fee for that representation.
No one had a solid estimate of what those fees would amount to or how much they would raise in total.
Secretary of State John McDonough, who led Gov. Martin O’Malley’s team in both negotiations, said that since the law was passed, the provision went into both contracts easily. It was not a point of contention.
“All we did is we negotiated it there as the legal authority,” McDonough said. “It is a little more detailed in the contract than it is in the law, but that’s all.”
SLEOLA President Jimmy Dulay also said that there was no problem getting the provision in their contract. SLEOLA represents almost all state law enforcement agencies. These include the Maryland State Police, Park Rangers, Fire Marshals and Internal Investigative Unit for the Department of Public Safety and Corrections. It also represents police for the state’s Department of Labor, Licensing and Regulations; Natural Resources Department; Capitol and General Services Department; Department of Health and Mental Hygiene; and Motor Vehicle Administration.
SLEOLA’s contract was negotiated at the end of 2010, and the service provision goes into effect July 1.
Dulay said that the SLEOLA contract has the fair share provision in a little more detail than the law that allows it, but that’s all. While SLEOLA represents a variety of officers, more than half don’t belong to the union. There has been no pushback about the contract and the fair share provision from them, Dulay said.
“The contract was ratified by over 90%,” he said.
Employees covered by the contract will get a letter notifying them of the change in May, Dulay said. The amount of the fair share payment has not yet been decided, but Dulay said it will be less than dues for union members.
AFSCME negotiated the fair share clause in its new contract proposal, which is currently being voted on by employees. AFSCME has about 24,000 members, and represents the majority of state employees.
AFSCME Executive Director Patrick Moran said that service fee provisions are common in private sector union contracts across the state, and everyone at the negotiating table was familiar with it. Not much time was spent hashing out the details, he said.
“The more important things in the contract, like ending furloughs, are what we spent a tremendous amount of time on,” said Moran.
Voting on the contract is still going on, but Moran said he’s heard mostly positive feedback. Nobody has commented on the fees, he said.
Sen. Christopher Shank, R-Washington County, who has many state employees in his district, said that the information about the fees should have been communicated more plainly by AFSCME. Shank said the one-page summary AFSCME put out about the contract was not clear. It says that “all state employees will share the cost of union representation.”
“It’s Orwellian doublespeak,” Shank said. “Everyone is going to share the cost of this. Why not indicate that everyone will pay the service fee?”
Shank said that he is against any sort of service fee, but opponents “lost the battle” in the 2009 legislature. He said he heard no complaints about SLEOLA’s fair share fee in their contract.
Moran brushed off Shank’s attacks, saying that the senator has “an ideological axe to grind.” he stressed that the union has not been hiding anything.
David Boschert, executive director of the Maryland Classified Employees Association, also protested the fees when they were before the General Assembly. Two years ago, he gave up the fight against them.
“We have to accept the reality that we lost, and now it is state law,” Boschert said. “We will abide by it.”
Newly negotiated contracts
January 28, 2011
By Megan Poinski
Megan@MarylandReporter.com
State workers have until Monday to vote on the second union contract that enforces the controversial “fair share” law, allowing state government unions to require non-union members to pay them a service fee. The law passed in 2009.
The new memorandum of understanding between the state government and the American Federation of State, County, and Municipal Employees includes the service fee, as does the recently negotiated contract with the State Law Enforcement Officers Labor Alliance.
SLEOLA’s contract has been ratified by its membership, while employees are still voting on AFSCME’s contract.
The theory behind the law is that the union furnishes services that impact all employees, such as negotiating health benefits and work conditions, or representing workers in disputes with managers. Those who don’t join the union and pay union dues have to pay a fee for that representation.
No one had a solid estimate of what those fees would amount to or how much they would raise in total.
Secretary of State John McDonough, who led Gov. Martin O’Malley’s team in both negotiations, said that since the law was passed, the provision went into both contracts easily. It was not a point of contention.
“All we did is we negotiated it there as the legal authority,” McDonough said. “It is a little more detailed in the contract than it is in the law, but that’s all.”
SLEOLA President Jimmy Dulay also said that there was no problem getting the provision in their contract. SLEOLA represents almost all state law enforcement agencies. These include the Maryland State Police, Park Rangers, Fire Marshals and Internal Investigative Unit for the Department of Public Safety and Corrections. It also represents police for the state’s Department of Labor, Licensing and Regulations; Natural Resources Department; Capitol and General Services Department; Department of Health and Mental Hygiene; and Motor Vehicle Administration.
SLEOLA’s contract was negotiated at the end of 2010, and the service provision goes into effect July 1.
Dulay said that the SLEOLA contract has the fair share provision in a little more detail than the law that allows it, but that’s all. While SLEOLA represents a variety of officers, more than half don’t belong to the union. There has been no pushback about the contract and the fair share provision from them, Dulay said.
“The contract was ratified by over 90%,” he said.
Employees covered by the contract will get a letter notifying them of the change in May, Dulay said. The amount of the fair share payment has not yet been decided, but Dulay said it will be less than dues for union members.
AFSCME negotiated the fair share clause in its new contract proposal, which is currently being voted on by employees. AFSCME has about 24,000 members, and represents the majority of state employees.
AFSCME Executive Director Patrick Moran said that service fee provisions are common in private sector union contracts across the state, and everyone at the negotiating table was familiar with it. Not much time was spent hashing out the details, he said.
“The more important things in the contract, like ending furloughs, are what we spent a tremendous amount of time on,” said Moran.
Voting on the contract is still going on, but Moran said he’s heard mostly positive feedback. Nobody has commented on the fees, he said.
Sen. Christopher Shank, R-Washington County, who has many state employees in his district, said that the information about the fees should have been communicated more plainly by AFSCME. Shank said the one-page summary AFSCME put out about the contract was not clear. It says that “all state employees will share the cost of union representation.”
“It’s Orwellian doublespeak,” Shank said. “Everyone is going to share the cost of this. Why not indicate that everyone will pay the service fee?”
Shank said that he is against any sort of service fee, but opponents “lost the battle” in the 2009 legislature. He said he heard no complaints about SLEOLA’s fair share fee in their contract.
Moran brushed off Shank’s attacks, saying that the senator has “an ideological axe to grind.” he stressed that the union has not been hiding anything.
David Boschert, executive director of the Maryland Classified Employees Association, also protested the fees when they were before the General Assembly. Two years ago, he gave up the fight against them.
“We have to accept the reality that we lost, and now it is state law,” Boschert said. “We will abide by it.”
Mitch Daniels: Dump Right to Work Bill: Indiana Democrat Lawmakers Flee
February 22, 2011
By Maggie
When Mitch Daniels became Indiana’s governor in 2005, the first thing he did was end Indiana’s state employees’ right to collectively bargain. But today…today he is asking Indiana’s GOP legislators to back off of “Right-to-Work” legislation, and his Democrat lawmakers have fled the state.
Mitch Daniels
Tthe big question today: will Daniels send the State Troopers out to bring the public servants back to the state house? Apparently, the answer is ‘no.’
A quorum was not present today, so Indiana’s business stood still. Elected representatives did…something, but that ‘something’ was not the people’s business. Do you think these flee-baggers will still receive a full paycheck, courtesy of the taxpayers? Yeah, I do too.
That’s one issue, but how about this one: Indiana Democrat legislators fled the state today for one reason, to continue forcing non-union members to contribute to funds that pay for union representation. Or said another way:
Today’s fight was triggered by Republicans pushing a bill that would bar unions and companies from negotiating a contract that requires non-union members to kick-in fees for representation. It’s become the latest in what is becoming a national fight over Republican attempts to eliminate or limit collective bargaining.
More from the Indianapolis Star and the issue of “right to work:
Union supporters say the bill which has sparked the protests, House Bill 1468 such a measure would weaken bargaining power because companies under collective bargaining agreements would no longer have to hire union members. Supporters, including the state’s Chamber of Commerce, say it would make Indiana more appealing to business and will bring jobs to the state.
Daniels says state Republicans did not campaign on the issue of bringing Right-to-Work to the state, and he wants the issue tabled until a state-wide debate can be had. Surely Governor Daniels has seen the national polling in support of Wisconsin Governor Scott Walker, who Rassmussen says has 48% backing him, and only 38% siding with Unions.
[From RASMUSSEN]: Fifty-six percent support the governor. Hardly any support the unions at this point in time. What we’re seeing in independent voters all around the country is a desire to rein in government spending. It’s even a little stronger than it is among some other voters. They’d like to see it cut across all sorts of the federal government. One of the big missing stories in all the debate about the budget is that most Americans are serious about cutting spending; they support specific cuts; they’re ready to make changes. The question is, will their politicians follow?
So Daniels is ducking this union-oriented legislation when momentum is building across the U.S. to do exactly the same. Tell me, who should not have the right to work? If you and I don’t want to be in a Union, how can forcing us to join be a good thing? You and I are sick and tired of filling the gravy boat for Unions. We’ve had it with Unions attacking all of us out here going to work every day, paying into our retirement, paying a large portion of our family’s health care, understanding that our shorter vacations and fewer paid holidays and sick days are due to the fact that we are valuable to our employer, our absence cannot be filled AND we revere capitalism.
Daniels position on delaying Right-to-Work is shocking to me. His budget cutting tactics are darn near legendary, he has supported Wisconsin governor Scott Walker as he battles collective bargaining, but he punts in Indiana.